HomeMy WebLinkAboutTR-64-99
ON: TR-64-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
,
REPORT
Date:
November 1, 1999
File # PI r 7!:
Res. tK2jJ/J-Cj(ff-3(
Meeting:
General Purpose and Administration Committee
Report #:
TR-64-99
FILE#:
By-law #
Subject:
TENDER CL99-17 - DALE PARK SUBDIVISION - COMPLETION OF
OUTSTANDING WORKS
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report TR-64-99 be received;
2. THAT Bennett Paving & Materials Ltd., Oshawa, Ontario, with a total bid in the
amount of $78,869.27 (including G.S.T.) being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL99-17, be awarded the
contract for Dale Park Subdivision - Completion of Outstanding Works, as required
by the Department of Public Works;
3. THAT the total funds required in the amount of $81 ,999.27 ($78,869.27 tender +
$3,130.00 engineering and inspection) be drawn from Account # 2015-00016-0000
which is a Deposits Held account for Reward Building Plan 40M-1798 and
40M-1799; and
4. THAT the attached By-law marked Schedule "A" authorizing the Mayor and Clerk to
execute the agreement be approved; FORTHWITH
BACKGROUND AND COMMENT
Report WD-53-98, (see schedule "B" attached) approved by Council, authorized staff to
draw down the developer's letter of credit and to complete all outstanding works for
Dale Park Subdivision. The funds from the letter of credit were deposited into the
Deposits Held account for Reward Building and Development Inc. Account # 2015-
00016-0000.
8.03
REPORT NO.: TR-64-99
PAGE 2
Specifications were provided by D.G. Biddle and Associates Limited, with Tenders
being advertised and received as follows:
BIDDER
Bennett Paving & Materials Ltd.
Oshawa, ON
Miwel Construction Limited
Stouffville, ON
TOTAL BID AMONT
$91,411.76
$91,994.32
The low bid submitted in the amount of $91 ,411.76 exceeds the total available funds of
$90,000. The revised price of $78,869.27 eliminates the water box repair and
associated labour. These items were contingency only and upon further detailed
review, it was deemed they were not required for this project. Bennett Paving &
Materials Ltd. have agreed to these revisions.
The total funds required in the amount of $81 ,999.27 ($78,869.27 tender + $3,130.00
Engineering and Inspection) be drawn from the Deposits Held account for Reward
Building Plans 40M-1798 and 40M-1799 account # 2015-00016-000.
The Treasurer has reviewed the funding requirements and concurs with the
recommendation. Queries with respect to the department needs, specifications, etc.,
should be referred to the Director of Public Works.
After further review and analysis of the bids by Public Works, D.G. Biddle & Associates
Limited. (see Schedule "C" attached) and Purchasing it was mutually agreed that the
low bidder, Bennett Paving & Materials Ltd, Oshawa, Ontario, be recommended for the
contract for the completion of outstanding works at the Dale Park Subdivision.
The low bidder has previously provided satisfactory service for the Municipality of
Clarington.
804
REPORT NO.: TR-64-99
PAGE 3
Respectfully submitted,
Reviewed by,
cJr~~
arie Marano, H.BSc., AMCT.,
Treasurer
Franklin Wu, M.C.I.P.,R.P.P.,
Chief Administrative Officer
~~
Stephen A. Vokes, P. Eng.
Director of Public Works
MM*LAB*km
805
SCHEDULE "A"
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 99-
Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and Bennett
Paving & Materials Ltd., Oshawa, Ontario, for Dale Park
Subdivision - Completion of Outstanding Works.
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS
AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the
Corporation of the Municipality of Clarington with the Corporation Seal, a contract
between Bennett Paving & Materials Ltd., Oshawa, and said Corporation; and
2. THAT the contract attached hereto as Schedule "A" form part of this By-law.
By-law read a first and second time this day of
,1999.
By-law read a third time and finally passed this
day of
,1999.
Mayor
Clerk
806
Schedule "8"
THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON
X~K~~X\ll'llC.lX~~x
REPORT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
File #
Res. #
By-Law #
Date:
October 19, 1998
WD-53-98
Report #:
File#:
DALE PARK SUBDIVISION, COURTICE
PLANS 40M-I798 AND 40M-1799
COMPLETION OF ALL OUTSTANDING WORKS
Subject:
Recommendations:
It is respectfully recommended that the General Pwpose and Administration Committee
recommend to Council the following:
1. THAT Report WD-53-98 be received for information;
2. THAT the Director of Public Works be authorized to issue a 'Final Notification Letter' to
Reward Building and Development Inc., and their surety, stating a completion deadline of
November IS, 1998, for all outstanding works;
3. THAT upon expiration of the aforementioned deadline, the developer's Letter of Credit be
drawn down, in the full amount;
4. TfLA.T the Director be authorized to expend said monies pUrsuant to all obligations incurred
or to be incurred by the Corporation of the Municipality of Clarington in accordance with
the Subdivision Agreement between Reward Building and Development Inc. and the
Corporation of the Municipality of CIa ring ton; and
5. THAT Reward Building and Development Inc. and Royal Bank of Canada be advised of
Council's decision and be provided with a copy of Report WD-53-98.
807
"'<.'_':.'!"~~~"-.'~.-
1 t :' /
Schedule "8"
REPORT NO.: WD-53-98
PAGE 3
boulevard sodding; curbs; sidewalks and street trees.
2.5 There is presently a Letter of Credit from the developer, valued at $91,069.66, in
favour of the Corporation of the Municipality of Clarington (p72314T06176 Royal
Bank).
2.6 Staff has estimated the costs of completing all outstanding works (including legal
costs, contingencies, engineering and management fees) in accordance with the
provisions of Section 5.17 of the Subdivision Agreement, to be approximately
$90,000.00.
2.7 Under Section 5.17 of the Subdivision Agreement (Attachment No.2), the Director
of Public Works has the authority to order the work completed at the expense of the
developer, subject to the approval of Council and upon written 'Notice being given
to the developer and his surety (refer to Attachment No.3).
2.8 In the event the developer does not complete all outstanding requirements by
November IS, 1998, the Municipality will proceed with these works at the full
expense of the developer. In order to protect the MunicipaHty's interests and ensure
there are no delays in accessing the developer's funds, it is recommended that the
Letter of Credit be drawn down for its full value.
Respectfully submitted,
Reviewed by
~-V~
Stephen A. Vokes, P. Eng.,
Director of Public Works
-ij w. H. Stockwell,
A" Chief Administrative Officer
809
1 1 fl (")
Schedule "8"
DALE PARK SUBDIVISION
40M-1799
"'C
l'll
o
c:::
Q)
o
(J
...
l'll
>
Dale Park Drive
,
i
i
I!
"
,
!
DALE PARK SUBDIVISION
40M-1798
Ii
i,
Ii
i !
i .~
I ]
II
,
I'
i
JIr
Il>~~
8
811
Schedule "8"
Subdivision Agreement
Page 47
supplies and/or services as in the opinion .of the Director are required for the
completion of the construction and installation of the Works and all components
thereof and the performance of all covenants of the Owner relating to the Works as
provided by this Agreement. In cases of an emergency or urgency, or in order to
preserve the integrity of the Works or any component thereof as determined by the
Director in his absolute discretion, any deficiency(s) or.defect(s) in the Works, and
any failure to complete the Works and all components thereof in accordance with
this Agreement may be corrected, remedied or completed by the Municipality its
contractors, suppliers and employees at the cost of the Owner without prior notice
to the Owner, provided that forthwith after the Municipality so acts, the Director
shall give written notice to the Owner of his determination as aforesaid, describing
the action taken by the Director, and the cost of correcting or remedying the
deficiency or .default in .qu"$tion or the cost of completing the Works and the
components thereo~ as the 'case may be. For the purposes of this paragraph 5.17(1)
the cost of any work which the Municipality undertakes under this paragraph 5.17(1)
shali be determined by the Director in his absolute discretion. It is understood and
agreed by the Parties that the costs for which :the Owner is responsible under this
paragraph 5.17(1) shall include a managemenHee payable to the Municipality either
of thirty (30%) percent of the contractor's eharges to the Municipality (including any
charges for overhead and profit) or, if such work is undertake,?- by the Municipality,
thirty (30%) percent of all COSts incurred by the Municipality to correct or remedy
the deficiencies or defect or to complete the Works and all components thereof as
the case may be. The Owner shall pay the Municipality an amount equal to the cost
of all Works and components the!eo~ and the cost of correcting or remedying all
deficiencies and defects referred to in' this paragrapb 5.17(1) which have been
incurred by the Muni~pality or are estimated in the Director's absolute discretion
to be likely to be incurred by the Municipality forthwith after the Director gives the
Owner written demand for payment of such cost. If the amount paid is based on the
Director's estimate as aforesaid, forthwith after actual costs are known the Director
shall give the Owner written notice thereof. If the .actual costs are more than the
estimated costs, the Owner shall forthwith pay the Municipality an amount equal to
the difference between them. If the actual Costs.are less than the estimated costs,
the Municipalitysbal! forthWith refund the difference between them to the Owner.
(2) In the event that (1) a claim for a lien in respect of the Works or any component
thereof is registered against the title to any land vested or which should have been
vested in the Municipality or is filed with the Municipality, or (2) the Municipality
receives written notice of a claim oran alleged beneficiary of a statutory trust under
the Construction Uen Act. such registration, filing or notice shall constitute a default
813
.
Reward Building and Development Inc. -2-
Yours truly,
Stephen A. Vokes, P.Eng.
Director of Public Works
SAV/wc
pc: M. Marano, Treasurer
P. Barrie, Town Clerk
A.S. Cannella, Manager of Engineering
L. Taylor, Development Review Branch
Schedule "8"
October 13, 1998
815