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HomeMy WebLinkAboutCOD-018-14 Clarftwn Corporate Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Purpose and Administration Committee Date of Meeting: December 8, 2014 Report Number: COD-018-14 File Number: By-law Number: Report Subject: Contract Awards During Council Recess Recommendations: 1. That Report COD-018-14 be received for information. Municipality of Clarington Report COD-018-14 Page 2 Report Overview To report to Council the contracts awarded during Council recess. 1. Background 1.1. During periods when Council is in Recess provision has been made for the approval of contract awards in order to continue with business as usual. During the Recess there were five contract awards that would normally necessitate a report to Council. 2. Proposal In accordance with Purchasing By-law 2010-112, Part 2, Section 67 (Attachment 1), the following contracts were awarded during the Council Recess. RFP2014-9, Energy Efficiency and Water Conservation Performance Assessment RFP2014-11, Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer RFP-348-2014, Natural Gas Consulting and Direct Purchase Lease Extensions, John Howard Society and Community Living Oshawa/Clarington both at 132 Church Street, Bowmanville, ON CL2014-20, Osborne Road and Energy Drive Surface Works A copy of the recommending Purchasing Services Reports for the above noted projects are attached as Attachments "2", "Y, 'A", "5" and "6" respectively. 3. Concurrence This report has been reviewed by Fred Horvath, Director of Operations, David Crome, Director of Planning, Joseph Caruana, Director of Community Services and Nancy Taylor, Director of Finance who concur with the recommendations. 4. Conclusion It is respectfully recommended that the actions taken by Staff, as documented in the attached Purchasing Services Reports be provided for Council's information. 5. Strategic Plan Application Not applicable. Municipality of Clarington Report COD-018-14 Page 3 Submitted by: r . Reviewed by. a ie Marano Franklin Wu, Director of Corporate Services Chief Administrative Officer Staff Contact: David Ferguson, Manager Purchasing Division, 905-623-3379 ext. 2209 or DFerguson@clarington.net Attachments: Attachment 1 - By-law to Purchasing 2010-112, Part 2, Section 67 Attachment 2 — PS-013-14, RFP2014-9 — Energy Efficiency and Water Conservation Performance Assessment Attachment 3 - PS-014-14, RFP2014-11, Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer Attachment 4 — PS-015-14, RFP-348-2014, Natural Gas Consulting and Direct Purchase Attachment 5 — PS-016-14, Lease Extensions, John Howard Society and Community Living Oshawa/Clarington, 132 Church Street, Bowmanville, ON Attachment 6 - PS-017-14, CL2014-20, Osborne Road and Energy Drive Surface There are no interested parties to be notified of Council's decision. MM/DF/cb Purchasing By-Law No.2010-112 Page 10 Attachment 1 to Report COD-018-14 65. If the recommended Bid is in excess of an approved budget limit,the report to Committee shall identify the source of additional funding. 66. Upon approval of a Contract Award,the Purchasing Manager shall make the award and Issue a Purchase Order or prepare a Contract In accordance with the conditions of the Bid Solicitation. Council Recess Procedures 67. (1) Notwithstanding section 64,where a matter which would have otherwise been submitted to Committee requires approval during any of Council's recesses,including elections,the CAO shall be authorized to award the Contract if, i (a) the recommended Quotation or Tender is from the lowest Responsive and Responsible Bidder; (b) the recommended Proposal earned the highest ranked score or meet the requirements of the RFP based on qualitative,technical and pricing considerations; (c) the Treasurer is of the opinion that the price is reasonably reflective of the approved budget allocation and/or is part of the normal operating responsibility of the Department;and (d) the Department Head concurs with the recommendation. (2) The Purchasing Manager shall report all Contracts awarded under subsection(1)to Committee as soon as possible after the conclusion of the recess. (3) Council shall not vary any action or decision of the Contract awards made In accordance with this section. Execution of Contract 68. A successful Bidder shall be allowed ten working days from the date of mailing of the form of Contract to execute and return the Contract to the Purchasing Manager. Default By Successful Bidder 69. If the successful Bidder fails to execute the Contract or fails to meet any of the requirements of the Contract within the prescribed time,the Contract may be awarded to the next lowest Bidder or cancelled. Co-Operative Purchasing 70. (1) In this section,"Co-operative Purchasing"means the participation of the Corporation with one or more public agencies,school boards, hospitals or other public agencies in a Bid Solicitation. (2) Notwithstanding the provisions of this by-law, Co-operative Purchasing shall be utilized when advantageous and practical. In the event of any conflict,the purchasing by- law and procurement practices of the municipality,school board,hospital or other public agency issuing the co-operative Bid shall take precedence over the provisions of this by- law. Prohibitions 71, No requests for prices or demonstrations for approved projects or programs shall be made without prior consultation with the Purchasing Manager. 72. (1) Purchase Orders shall not be split so as to circumvent the established method of purchase or the dollar limits imposed by this by-law. (2) Notwithstanding subsection(1),at the discretion of the Purchasing Manager,in consultation with the Department Head,if it is deemed advantageous due to short supply or time constraints,pre-bids for components of a major project may be obtained in accordance with this by-law. Attachment 2 to Report COD-018-14 ciff-mooft Keport Purchasing Services Date: August 12, 2014 To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Services Report#: PS-013-14 File#: RFP2014-9 Subject: Priority Green Clarington RFP2014-9 — Energy Efficiency and Water Conservation Performance Assessment Summer Recess Procedure (Purchasing By-Law 2010-112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Office the following: a) That Report PS-013-14 be received; b) That Sustainable Edge Limited, Toronto, Ontario being the highest ranked proponent meeting all terms, conditions and specifications of Request for Proposal RFP2014-9 be awarded the contract for Energy Efficiency and Water Conservation Performance Assessment as required by the Municipality of Clarington, Planning Department with a total bid in the amount of$30,019.20 (net of HST Rebate); and c) That the funds required in the amount of $ 30,019.20 (net HST rebate) be drawn from the following account: 100-50-000-10542-7520 ........................................................................$ 30,019.20 Municipality of Clarington Report PS-013-14 Page 2 Recommended by: David Ferguson, Manager, Purchasing Date Services Concurrence: aV Cr me irector of Planning Date Approved by: 6 1 - Frank Wu, Chief Administrative Officer Date DF\bh cc: M. Marano, Director, Corporate Services Municipality of Clarington Report PS-013-14 Page 3 Report Overview To request approval for the tender award for RFP2014-9 Energy Efficiency and Water Conservation Performance Assessment as part of the Priority Green Clarington Project Background 1. Request for Proposal (RFP) was issued by the Municipality for Energy Efficiency and Water Conservation Performance Assessment as required by the Planning Department. 2. RFP2014-9 Energy Efficiency and Water Conservation Performance Assessment was advertised electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, proposals were received from the following companies: Clearsphere, Toronto, ON; IndEco Strategic Solutions, Toronto, ON; Sustainable Edge Ltd., Toronto, ON; and Cambium Inc., Peterborough, ON. 3. A total of four (4) proposals were received in response to the request for proposal call. All submissions were deemed compliant. 4. As stipulated within the request for proposal document, proposals/submissions were evaluated based on the following criteria: i) Experience of the Firm ii) Experience of Key Personnel iii) Proposed Methodology and Workplan iv) Deliverables v) Pricing, etc 5. As stated within the request for proposal documents, the vendor selection would be made on the written proposal, reference checks and an interview if required. 6. All proposals received were reviewed by the evaluation committee which consisted of representatives from Planning, Durham Region and Purchasing Services. Analysis 7. The evaluation committee reviewed and scored the proposals in accordance with the established evaluation criteria. Based on the evaluation rankings only one firm met the established threshold to move forward in the process, Sustainable Edge Ltd., Toronto, ON. 8. References were completed on Sustainable Edge Ltd. of Toronto and were found to be satisfactory. Municipality of Clarington Report PS-013-14 Page 4 9. To ensure a firm understanding of the project and scope of work for this project, to obtain clarification in regards to their proposal and to meet the proposed representative a meeting was held. 10. Queries with respect to the department needs, specifications, etc. should be referred to the Director of Planning. 11. The evaluation committee's recommendation is to award the contract to Sustainable Edge Limited, Toronto, Ontario. 12. Priority Green Project is being funded by the Ontario Ministry of the Environment through the Showcasing Water Innovation program and the Federation of Canadian Municipalities Green Municipal Fund. 13. The proposal submitted by Sustainable Edge Limited was in the amount of $30,019.20 (net HST Rebate). Funding for this project will be drawn from the following account: Account Name 100-50-000-10542-7520 .....................................................................$ 30,019.20 Concurrence 14. This report has been reviewed by David Crome, Director of Planning Services who concurs with the recommendations. Conclusion 15. To award the contract to Sustainable Edge Limited, Toronto, for the Energy Efficiency and Water Conservation Performance Assessment. Strategic Plan Application The recommendations contained in this report supports promoting green initiatives as outlined in the Strategic Plan. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson @clarington.net Attachments: Attachment 1 - Submission Summary Municipality of Clarington Report PS-013-14 Page 5 Attachment 1 Municipality Of Clarington Bid Summary Request for Proposal RFP2014-9 Energy Efficiency and Water Conservation Performance Assessment BIDDER PROPOSAL COST PROPOSAL COST (HST Included) (Net of HST Rebate) Sustainable Edge Ltd. $33,335.00 $30,019.20 Clearsphere $30,679.50 $27,627.84 Ind Eco Strategic Consulting $50,619.48 $45,584.40 Cambium Inc. $33,651.40 $30,304.13 Attachment 3 to Report COD-018-14 ciffingwil Report Purchasing services Date: October 27, 2014 To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Services Report#: PS-014-14 File#: RFP2014-11 Subject: RFP2014-11 — Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer Council Recess Procedure (Purchasing By-Law 2010-112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: a) That Report PS-014-14 be received; b) That SLR Consulting (Canada) Ltd. being the highest ranked proponent meeting all terms, conditions and specifications of Request for Proposal RFP2014-11 be awarded the contract for the Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer as required by the Municipality of Clarington, Planning Department with a bid for the lump sum portion of the contract in the amount of$92,947.58 (net of HST Rebate); c) That the hourly per diem rate for additional meetings, conference call, presentations and any other work that may be necessary throughout the duration of the contract, as outlined in SLR Consulting (Canada) Ltd. proposal shall be applied. The total for the contract will not exceed the $250,000 provided by Hydro One for this peer review; and d) That the funds for the contract are provided by Hydro One and can be drawn from the following account 100-00-000-02207-2015 established by Finance Department to hold the funds until the project is complete. Any funds not expended would be returned to Hydro One. Municipality of Clarington Report PS-014-14 Page 2 Recommended by: Q&, 0 t c 0 David Ferguson, Manag , Purchasing Date Services Concunence: David-Crome, Director of Planning Da e Approved by: Frank Wu, Chief Administrative Officer Date I D F\cb i i cc: M. Marano, Director, Corporate Services Municipality of Clarington Report PS-014-14 Page 3 Report Overview To request approval for the award of contract for RFP2014-11 Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer. Background 1. Council accepted the proposal from Hydro One to fund a peer review at their meeting of June 16, 2014 by Resolution C-267-14 (Attachment 1). The parameters of this project were briefly outlined in the Proposal dated June 11, 2014 by Brad Bowhess, Director Project Management at Hydro One (Attachment 2). 2. The Request for Proposal (RFP) was issued by the Purchasing Services Division to hire a peer review consultant to review hydrogeological related monitoring reports and practices to ensure that the conditions of the Environmental Assessment approval are being carried out in accordance with current standards and codes of practice and to address the concerns and interests of the residents and Municipality of Clarington. 3. RFP2014-11 Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer was advertised electronically on the Municipality's website. Seventeen (17) companies downloaded the RFP document from the Municipality's website. This resulted in a total of 5 proposals being received by the closing date and time as stipulated in the RFP document, from the following companies:, • Oakridge Environmental Ltd., Peterborough, ON; • Cambium Inc., Peterborough, ON; • SLR Consulting (Canada) Ltd., Markham, ON; • R.J Burnside &Associates Ltd., Guelph, ON; and • WSP Canada Inc., Markham, ON. 4. All 5 submissions were deemed compliant. 5. The RFP was structured as a "two-envelope" model with each submission including a detailed Technical Proposal (Envelope 1) and a sealed separate envelope with a Pricing Proposal (Envelope 2). The selection process stipulated that the envelopes containing the pricing information would not be opened until the evaluation of the Technical Proposals had been completed. Municipality of Clarington Report PS-014-14 Page 4 6. As stipulated within the RFP document, proposals were evaluated based on the following criteria: Envelope 1 i) Compliance with Mandatory Requirements ii) Qualifications and Experience iii) Experience of the proponent/sub-consultants with projects of similar nature, size and complexity iv) Working Knowledge of Clarington, Durham Region and the Oak Ridges Moraine v) Approach to Methodology of Project Delivery vi) Understanding of the RFP and Proposed Solution vii) Submission viii) Presentation and Demonstration Envelope 2 ix) Pricing 7. As stated within the RFP document, the vendor selection would be based on the written proposal, reference checks, an interview, if required, and price. 8. References were completed on all five (5) proponents and were found to be satisfactory. 9. All proposals received were reviewed by the evaluation committee which consisted of representatives frorn Planning Services, Durham Region, Central Lake Ontario Conservation Authority (CLOCA) and Purchasing Services. Analysis 10. The evaluation committee reviewed and scored the proposals in accordance with the established evaluation criteria. Based on the evaluation rankings all five (5) firms met the established threshold to move forward in the process. To ensure a firm, had an understanding of the project and scope of work for this project, obtain clarification in regards to their proposal and meet the proposed representative, proponents were invited to provide a presentation of their proposal to the evaluation committee. The presentations were to demonstrate: • Validation of the Company's understanding of the Scope of Work / Specifications; Details on the Proposal's value added components; • Ability to communicate clearly and concisely; Municipality of Clarington Report PS-014-14 Page 5 • Ability to communicate highly technical information to a non-technical audience; • Clear expression of proposed methodology and management approach; • Consistency with written proposal; • Appropriate response to questions during presentation and demonstration; and • Team Compatibility. 11. A maximum of 236 points were allocated for Technical Proposals and 59 points for the Pricing Proposal. Each Technical Proposal had to score a minimum of 177 points to have the Pricing Envelope opened and evaluated. 12. All (5) proposals exceeded the minimum threshold and consequently had their pricing envelope opened. 13. Upon completion of the evaluation process, the evaluation committee concluded that the proposal from SLR Consulting (Canada) Ltd. submitted the best proposal and was ranked first. 14. The evaluation committee's recommendation is to award the contract to SLR Consulting (Canada) Ltd. being the highest scoring proponent and meeting the requirements of the RFP. 15. The RFP document stipulated that the Municipality may allow a rate adjustment for per diem after the first year of the contract and all subsequent years thereafter. Proposed per diem rate adjustments from the successful proponet will be reviewed and acceptance will be based on proposed increase as compared to the Consumer Price Index (CPI). The rate adjustment shall not exceed the Consumer Price Index (CPI) plus 2 percent. 16. Queries with respect to the department needs, scope of work, etc. should be referred to the Director of Planning. 17. The proposal submitted by SLR Consulting (Canada) Ltd. was in the amount of $92,947.58 (net HST Rebate), with an hourly per diem rate as outlined in their proposal. The total for the contract over the next five (5) years will not exceed the $250,000 provided by Hydro One for this peer review. 18. The proponent's scores and analysis of the evaluation results can be provided in an in-camera presentation, if requested by Council. 19. That the funds for the contract are provided by Hydro One and can be drawn from the following account 100-00-000-02207-2015 established by Finance Department to hold the funds until the project is complete. Any funds not expended would be returned to Hydro One. Municipality of Clarington Report PS-014-14 Page 6 Concurrence 20. This report has been reviewed by David Crome, Director of Planning Services who concurs with the recommendations. Conclusion 21. To award the contract to SLR Consulting (Canada) Ltd. for the Peer Review of the Groundwater and Surface Water Monitoring Program, Clarington Transformer. Strategic Plan Application Not applicable. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dfergusona)-clarington.net Attachment 1 — Council Resolution C-267-14 Attachment 2 — Hydro One Proposal dated June 11, 2014 i Council Meeting Minutes - 15- June 16, 2014 Resolution #C-267-14 Moved by Councillor Neal, seconded by Councillor Novak WHEREAS, in response to requests from the Municipality, Enniskillen Environmental Association (EEA) and residents, Hydro One has provided a proposal to engage an independent third party consultant to review and provide input on the hydro-geological monitoring plan; AND WHEREAS it will also be this consultant's responsibility to interpret the data, assist the community in understanding the potential effects of the project on the . surface water, ground water and deep aquifer, evaluate and provide feedback on proposed mitigation measures and provide input to the Municipality of Clarington and Hydro One as to how the monitoring plan is performing as part of the adaptive management model being utilized; AND WHEREAS Hydro One has recommended that this third party consultant be retained by the Municipality of Clarington, at the expense of Hydro One, following the Municipality's procurement by-law and procedures; AND WHEREAS Council is pleased to receive this proposal and acknowledges that it signals a shift in how Hydro One wishes to approach projects in Clarington; NOW THEREFORE BE IT RESOLVED THAT Staff be directed to work with the EEA, residents, and agencies to assist Hydro One with the procurement of a third party consultant as outlined in their proposal from Brad Bowness, Director of Project Management, dated June 11, 2014. "CARRIED" D - 8 Brad Bowness, Director, Project Management and Chair, Community Liaison Committee, Hydro One Networks Inc., requesting a temporary road occupancy to permit Hydro One's project team to access a section of infrastructure to conduct a critical planned outage in July; indicating that the temporary access would limit Hydro One to laying gravel on Townline Road to facilitate trucks entering and exiting the site to allow for staging the site for the outage; and, advising that the temporary road will be removed if required by Council or once the preparatory work for the outage is complete. Hydro One Networks Inc. 483 Bay Street Tel: (416)345.5729 South Tower,4'floor Toronto,ON M5G 2P5 www.HydroOne.co Bowness Hydro Director,Project Management one B ra d.Bowness@Hyd ro0 ne.com June 11,2014 Mayor Adrian Foster and Members of Council c/o C.Anne Greentree,Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville,ON L1C 3A9 Dear Mayor Foster and Members of Council: Re: Clarington Transformer Station Project am writing to provide you with an update on Hydro One Networks int.'s (Hydro One) Clarington Transformer Station project. On June 5, 2014, our project team, along with community residents and project stakeholders met for the first Community Liaison Committee. The meeting allowed for a productive discussion and the exchange of community questions and concerns with respect to the design and construction phase of the project. Hydro One recognizes that the community remains concerned with respect to water quality and is committed to make best efforts to allay these concerns. At the meeting, Hydro One proposed an initiative to work with the community and Municipality to allay these concerns. At the meeting,Hydro One proposed an initiative to select an independent third party expert/consultant to be used as a resource by the community during the project. Based upon the positive feedback from the Committee, we are proceeding with a proposal to meet with representatives of the community, municipal and CLOCA staff to pursue this initiative. We have attached a draft proposal that we intend to share with the community who have expressed an interest in the project and local environmental associations. Recognizing Council's interest in this project and its involvement with the community, we wanted to share a copy of this proposal in advance. Part of this proposal contemplates seeking the,Municipality's assistance In executing the procurement process in an effort to ensure neutrality. It is our hope that Municipal staff representatives will attend and assist with developing the terms of reference. Y ® h dr ®one Also at the Community Liaison Committee meeting, the community made a request to expand our private well monitoring program. We are pleased to advise you that Hydra One has accepted this request and will be advising members of the community this week. We look forward to working with the Municipality of Clarington and the community on this initiative as we move forward with the project. Best Regards, Brad Bowness Director,Project Management and Chair,Community Liaison Committee Hydro One Networks Inc. Encl. hydro n T0: Mayor Foster and Members of Council FROM: Hydro One Networks Inc, DATE: June 11,2014 SUBJECT: Clarington TS Water Quality Third Party Expert/Consultant Workshop INTENT: Hydra One recognizes concerns raised by the community with respect to water quality from the construction and operation of Clarington Transformer Station (TS). In an effort to allay these concerns, Hydro One is proposing to invite members of the community who expressed an interest in the project and local environmental associations to participate In a series of independently moderated workshops with the goal of determining a process to select a qualified, independent third party expert/consultant for the community to use as a resource during project construction of the station. This process will remain separate and distinct from the Class Environmental Assessment process and the Community Liaison Committee. OUTLINE*. The following provides an outline for the water quality third party expert/consultant workshop to commence in June 2014,with a description of the objective,logistics,audience,agenda and format. OBJECTIVE* To work with members of the community who expressed an interest in the Clarington TS project and develop a process to select a qualified,independent third party for the purpose of: ® Reviewing and explaining groundwater and surface water monitoring reports produced by Hydro One's hydrogeological expert/consultant:Stantec ® Analyzing future monitoring results related to the project ® Acting as an independent resource should the community have questions or concerns with respect to monitoring results PROPOSED STRUCTURE Hydro One Is proposing this process be conducted as a three phase process. r hydrone PHASE ONE:WORKSHOPS 1. Audience: in order to maintain a productive discussion and to hear views from all representatives, it is recommended that participation be limited to five members of the community who expressed an interest in the Clarington TS project including members from local environmental associations. The Municipality of Clarington and CLOCA will be invited to participate in the workshop. Proposed composition for participation: • Two members of the community • Two members of the Enniskillen Environmental Association • One member of Friends of the Farewell • Members from Hydro One Clarington TS project team 0 Municipal Staff • CLOCA Staff • STORM 2. Proposed Logistics: a. Workshop: a kick-off workshop that will be held at a locally convenient location such as Solina Community Hail b. Invitation: Distribute invitation to members of the community who expressed an interest In the project outlining that participation will be limited to up to five members. c. Key dates: • June 2014—Notification delivered inviting participation in workshop; • July 2014—Kick-off workshop(exact date,TBD); ® Ongoing—if required,additional meetings d. Duration:3 hour workshop with dinner provided. e. Location: Solina Town Hall f. Facilitator:TBD 3. Proposed Format:Around table.discussion lead by moderator. SUCCESS A successful outcome and conclusion of the need for workshops will be dependent on the group achieving agreement on questions such as: I ®s 'Y"8ne • What are the outstanding concerns with the construction and operation of the station? ® Who is considered an expert/consultant that can help with these concerns? • Are there qualified experts/consultants? • Who isconsidered independent? • How is procurement achieved,requests for qualification and the scoring process. I The group will rely on a facilitator to guide discussions. Once agreement has been achieved, a separate procurement type process will be executed. PHASE TWO:PROCUREMENT Hydro One proposes that the Municipality lead a neutral selection process to procure an independent,third party expert/consultant to meet the defined needs of the group. Hydro One will provide funding to the Municipality for the initiative up to$250,000. PHASE THREE:POST PROCUREMENT Once a third parry expert/consultant has been selected, it will operate under contract to the Municipality as a resource to the community for the purpose of: Providing advice on any groundwater or surface water monitoring reports produced by Hydro One's hydroge.ological expert/consultant:Stantec; ® Acting as an independent resource should the community have questions or concerns with respect to monitoring results. All results and interpretations will be provided by the expert/consultant to the Municipality of Clarington for dissemination. Attachment 4 to Report COD-018-14 C1ffk19Wn Report Purchasing services Date: November 4, 2014 To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Services Report#: PS-015-14 File#: RFP-348-2014 Subject: Co-Op Request for Proposal RFP-348-2014— Natural Gas Consulting and Direct Purchase Council Recess Procedure (Purchasing By-Law 2010-112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: a) That Report PS-015-14 be received; b) That the proposal received from Blackstone Energy Services Inc., Toronto, for the provision of consulting.and related management and administrative services for the supply of natural gas and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject to the approval of the Corporate Service's Department) for a term of three years be accepted; c) That the agreement be extended for up to two additional one year terms pending satisfactory service, pricing and agreement of the Durham Purchasing Co- operative; and d) That the Director of Corporate Services and the Director of Finance/Treasurer be authorized to sign the required Natural Gas Purchase Agreements and Master Service Agreements, required to implement and maintain this program during the term of the agreement with Blackstone Energy Services Inc. Municipality of Clarington Report PS-015-14 Page 2 Report Overview To request approval for the award of Co-Op Request for Proposal RFP-348-2014 for consulting and related management and administrative services for the supply of natural gas. Background 1. The current agreements for these services expire November 1, 2014. Using a competitive process the Region of Durham and the Municipality of Clarington developed a cooperative Request for Proposal (RFP) which was issued by the Region of Durham Supply and Services Section. 2. The Municipality's current annual consumption of natural gas is approximately 1,369,807 cubic meters, and the total combined volume for the two agencies is approximately 10,293,000 cubic meters annually. The estimated cost for natural gas for the period of November 2013 to October 2014 inclusive for the Municipality of Clarington requirements is estimated at $ 239,717.00 exclusive of Enbridge delivery costs. All affiliated Municipality of Clarington Hall Boards and Arenas have been invited to participate in this contract. 3. RFP-348-2014 was prepared by the Region of Durham, issued on April 30, 2014 and closed on May 22, 2014, Analysis 4. Proposals were received from: Blackstone Energy Services Inc., ECNG Energy L.P, and E2 Energy Inc. All three (3) proposals received were deemed to be compliant. 5. Representatives from the two participating agencies evaluated and scored each of the proposals based on the following criteria. The Evaluation Committee then met to discuss and achieve a consensus on the ranking of each respondent based on the established criteria: • Understanding of the RFP requirements • Company Background, Qualifications and Experience • Team Experience • Methodology and Management Plan • Value Added Services Municipality of Clarington Report PS-015-14 Page 3 • Financial Conditions, Capacity and Integrity • Proposed Fees • Client Reference Feedback (Short-listed respondents only) • Respondent Interviews 6. Scores were compiled with the proposal from Blackstone Energy Services Inc., receiving the highest score overall based on the requirements of this RFP. Blackstone Energy Services Inc. provided the most comprehensive proposal and includes the following services: • Providing weekly market analysis of natural gas supply, commodity pricing and forecasts; • Performing all communication with Enbridge on behalf of the agencies concerning billing and inventory balancing, and updating lists of locations etc; i • Ensuring facilities are allocated to the correct rate plan and ensuring that all available discounts are secured; • Ensuring that a continuous supply of natural gas is supplied to meet the needs of the municipalities through direct purchase agreements; • Utilizing the purchasing leverage of the combined agencies' volumes, as well as providing market analysis and forecasting to maximize price value; • Reviewing and providing recommendations with respect to direct purchase agreements for signature by the Director of Corporate Services and the Director of Finance/Treasurer in accordance with the Municipality's Hedging Agreement; • Monitoring balances of natural gas under contract and minimizing potential risks of imbalances through buy/sell transactions and pooled inventory; and • Providing financial reports to verify transactions, price reconciliation and inventory balances. 7. Blackstone Energy Service Inc.'s proposed fees for the Municipality of Clarington for the current twenty-two active accounts is $2,772.00 per year and will be held firm for the first 3 years of the potential 5 year contract. 8. Blackstone Energy Services Inc. has performed these services acceptably for the Municipality since September 2008. 9. Due to the volatile nature of natural gas commodity pricing, it is not possible to forecast with accuracy the impact of natural gas pricing on the 2015 Budgets. However, based on current commodity pricing, market conditions and future Municipality of Clarington Report PS-015-14 Page 4 supply forecasts it is like that natural gas prices will increase or fluctuate but in general will result in an increase. The impact of price escalations for future years may be minimized through fixed price/volume purchases of natural gas. The Municipality may lock in all or a portion of the total natural gas requirements under this type of agreement. Opportunities for fixed price/volume purchases will be monitored on an ongoing basis by the consultant. Should conditions warrant, the Municipality of Clarington will be able to execute a supply agreement to secure long term pricing stability. Concurrence 10. This report has been reviewed and circulated to the following department heads: Marie Marano, Director of Corporate Services Fred Horvath, Director of Operations Joseph Caruana, Director of Community Services. Nancy Taylor, Director of Finance Conclusion 11. To award the contract to Blackstone Energy Services Inc. Toronto, for the provision of consulting and related management and administrative services for the supply of natural gas and to act as an agent of the Municipality of Clarington to execute direct purchase agreements. Strategic Plan Application Not Applicable. Municipality of Clarington Report PS-015-14 Page 5 Submitted bv: UhA j 16A�- David Ferguson, Maager, Purchasing Date Services Concurrence: /1 A, Marie Marano, Director of Corporate Services Date 7/ Nov I z Nancy fa Oor, ireg far of Finance Yat e 11 /19 F ed F o tp, Director of Operations Date i Josef) Caruana, Director of Date Community Services Approved by: C) Frank Wu, Chief Administrative Officer Date Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dfegguson@clarington.net Attachments: N/A D F/sm/cb Attachment 5 to Report COD-018-14 ciff*W11 Report Purchasing Services Date: October 29, 2014 To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Manager Report#: PS-016-14 File#: N/A Subject: John Howard Society— Lease Extension- 132 Church Street, Bowmanville Community Living Oshawa/Clarington — Lease Extension- 132 Church Street, Bowmanville Council Recess Procedure (Purchasing By-Law 2010-112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: a) THAT Report PS-016-14 be received; b) THAT the Lease Extension from the John Howard Society for the existing leased space at 132 Church Street, Bowmanville, in the amount of$14,994.56 for the term of April 1, 2014 to December 31, 2015 be approved; c) THAT the Lease Extension from the Community Living Oshawa / Clarington for the existing leased space at 132 Church Street, Bowmanville, in the amount of $14,994.56 for the term of April 1, 2014 to December 31, 2015 be approved; d) THAT Mayor and the Clerk be authorized to execute the lease agreements with the John Howard Society and Community Living Oshawa / Clarington; e) THAT staff be authorized to continue discussions with the Community Living Oshawa / Clarington with a view to expanding their current leased space and planning the required lease hold improvements required to accommodate the longer term needs of both organizations, as funds permit; and f) THAT staff report on the results of the discussions with the Community Living Oshawa / Clarington and John Howard Society and provide an update of the proposed lease hold improvements with an estimate of costs, as appropriate, to be borne by the tenant and possible timing. Municipality of Clarington Report PS-014-14 Page 2 Recommended by: David Ferguson, Man er, Purchasing Date Services VV Concurrence: zz z F e -HqVaTh, Director of Operations Date Approved bV: Frank Wu, Chief Administrative Officer Date DF\cb cc: M. Marano, Director, Corporate Services Municipality of Clarington Report PS-014-14 Page 3 Report Overview To request approval for lease extension for the John Howard Society and the Community Living Oshawa / Clarington Background 1. The John Howard Society and Community Living Oshawa/Clarington have expressed an interest in, and agreed to an extension of their current lease for a period of twenty (20) months commencing April 1, 2014 to December 31, 2015. This amounts to an increase of 2.8% increase over the 2013 lease rate. 2. The increase is based on the CPI - All Items — Ontario. ANALYSIS 3. Staff continues to meet with representatives of both agencies to discuss the space requirements and the issues with expanding their programs. As renovations are quite extensive to accommodate building code and spatial requirements, discussions continue with the intention of finalizing an action plan in early 2015. This will be contingent on provincial funding including but not limited to Ontario Trillium Foundations, Access fund, etc. 4. There are other landlord related costs associated with the renovations that would be the responsibility of the Municipality. This includes washroom upgrades, asbestos removal and HVAC/electrical upgrades. This will have to be budgeted for and a further report to Council outlining our collaborative with the agencies. 5. Queries with respect to department needs, specifications, etc., should be referred to the Director of Operations. Municipality of Clarington Report PS-014-14 Page 4 Concurrence 6. This report has been reviewed by Fred Horvath, Director of Operations who concurs with the recommendations. Conclusion 7. That the proposed lease extensions be approved for the current space and that staff continues discussions with Community Living Oshawa / Clarington and John Howard Society for the options related to expanded space and related leasehold improvements and the establishment of a long term lease. Strategic Plan Application The recommendations contained in this report supports investing in infrastructure as outlined in the Strategic Plan. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dfegguson@clarington.net Attachments: Attachment 1 - John Howard Society Lease Extension Attachment 2 - Community Living Oshawa / Clarington Lease Extension LEASE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in quadruplicate as of the_day of November, 2014. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the"Landlord") OF THE FIRST PART -and- COMMUNITY LIVING OSHAWA/CLARINGTON a corporation incorporated under the laws of the Province of Ontario (hereinafter called the"Tenant") OF THE SECOND PART WHEREAS: A. By a Lease Agreement dated March 7th, 2008 (the"Original Lease"),the Landlord lease unto Community Living Oshawa/Clarington (the"Tenant")for a term of one (1)year commencing January 1St,2008 and ending December 316t,2008(the"Term"),the premises more particularly described as comprising the administrative areas, the former apparatus bay,courtroom#2 and adjacent office(the"Leased Area"),in the building municipally known as the Fire and Court Building (the "Building"), in the Municipality of Clarington, in the Province of Ontario(the"Lands"). B. 'AND WHEREAS the Original Lease and this Lease Extension and Amending Agreement(the"Agreement")are hereinafter collectively referred to as the"Lease", except as specifically set out herein. C. The parties hereto have agreed that the terms and conditions of the Lease as amended by this Lease Amending Agreement shall continue to govern the relationship of the Lessor and the Lessee of the Demised Premises for the "Term" (as defined in section 1(a) hereof), unless terminated earlier as provided below. D. The Mayor and the Municipal Clerk of the Lessor are authorized to execute this Lease Amending Agreement on behalf of the Lessor. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the sum of Two Dollars ($2.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Term Section 1. (a)of the Lease is deleted and replaced with the following: (a) Term The term of this Lease shall commence on April 1,2014(the"Commencement Date") and shall terminate on December 31,2015("Sixth Extension"). 2. Rent Section 5 of the lease is deleted and replaced with the following: 5. Rent a) The rent reserved by the Lessor from the Demised Premises is Fourteen Thousand Nine Hundred and Ninety Four Dollars and Fifty Six Cents ($14,994.56) ('Rent")per year. Notwithstanding the length of the Term,the Rent reserved hereby shall be due and payable by the Lessee to the Lessor in twenty equal monthly instalments of One Thousand Two Hundred and Forty Nine Dollars and Fifty Five Cents($1,249.55)each, in advance,with the first instalment being due and payable on the Commencement Date." b) Harmonized Sales Tax(HST). c) Without derogating from any other provision of this Lease,the Tenant shall be responsible for the payment of the Harmonized Sales Tax(HST) where applicable in respect to and in addition to the Rent required to be paid to the Landlord under this Lease. d) In respect of goods and services sold by the Tenant or any person claiming or acting through, under or with the permission bf the Tenant any commodity taxes applicable are the responsibility of the Tenant. e) This lease will be governed by all existing and future Federal, Provincial and Municipal Acts, By-laws and/or policies or revisions thereto. 3) The extension contemplated pursuant to this Agreement is subject to all the covenants and agreements contained in the lease, as amended, renewed and extended from time to time. IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and unconditionally delivered this Lease as of the date first written. The Corporation of the Municipality of Clarington Adrian Foster, Mayor Anne Greentree, Municipal Clerk We have the authority to bind the Corporation Community Living Oshawa/Clarington Name: Title: Name: Title: We have the authority to bind the Corporation. LEASE EXTENSION AND AMENDING AGREEMENT THIS AGREEMENT made in quadruplicate as of the day of November, 2014. BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the"Landlord") OF THE FIRST PART -and- THE JOHN HOWARD SOCIETY a corporation incorporated under the laws of the Province of Ontario (hereinafter called the"Tenant") OF THE SECOND PART WHEREAS: i A. By a Lease Agreement dated March 7th, 2008 (the"Original Lease"), the Landlord leased unto The John Howard Society (the"Tenant")for a term of one(1)year commencing January 1St, 2008 and ending December 31St, 2008 (the "Term"), the premises more particularly described as comprising the administrative areas, the former apparatus bay, courtroom#2 and adjacent office(the"Leased Area"), in the building municipally known as ' the Fire and Court Building(the"Building"), in the Municipality of Clarington, in the Province of Ontario(the"Lands"). B. AND WHEREAS the Original Lease and this Lease Extension and Amending Agreement(the"Agreement")are hereinafter collectively referred to as the"Lease",except as specifically set out herein. C. The parties hereto have agreed that the terms and conditions of the Lease as amended by this Lease Amending Agreement shall continue to govern the relationship of the Lessor and the Lessee of the Demised Premises for the "Term" (as defined in section 1(a)hereof), unless terminated earlier as provided below. D. The Mayor and the Municipal Clerk of the Lessor are authorized to execute this Lease Amending Agreement on behalf of the Lessor. NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the sum of Two Dollars ($2.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Term Section 1. (a)of the Lease is deleted and replaced.with the following: (a) Term The term of this Lease shall commence on April 1,2014(the"Commencement Date") and shall terminate on December 31,2015("Sixth Extension"). 2. Rent Section 5 of the lease is deleted and replaced with the following: 5. Rent a) The rent reserved by the Lessor from the Demised Premises is Fourteen Thousand Nine Hundred and Ninety Four Dollars and Fifty Six Cents ($14,994.56) ("Rent") per year. Notwithstanding the length of the Term, the Rent reserved hereby shall be due and payable by the Lessee to the Lessor in twenty equal monthly instalments of One Thousand Two Hundred and Forty Nine Dollars and Fifty Five Cents($ 1,249.55)each, in advance,with the first instalment being due and payable on the Commencement Date." b) Harmonized Sales Tax(HST) c) Without derogating from any other provision of this Lease,the Tenant shall be responsible for the payment of the Harmonized Sales Tax(HST) where applicable in respect to and in addition to the Rent required to be paid to the Landlord under this Lease. d) In respect of goods and services sold by the Tenant or any person claiming or acting through, under or with the permission of the Tenant any commodity taxes applicable are the responsibility of the Tenant. e) This lease will be governed by all existing and future Federal, Provincial and Municipal Acts, By-laws and/or policies or revisions thereto. 3) The extension contemplated pursuant to this Agreement is subject to all the covenants and agreements contained in the lease,as amended, renewed and extended from time to time. IN WITNESS WHEREOF the Lessee and the Lessor have duly executed and unconditionally delivered this Lease as of the date first written. The Corporation of the Municipality of Clarington Adrian Foster, Mayor Anne Greentree, Municipal Clerk We have the authority to bind the Corporation The John Howard Society Name: Title: Name: Title: We have the authority to bind the Corporation Attachment 6 to Report COD-018-14 ciffingon Report Purchasing Services Date: November 25, 2014 To: Frank Wu, Chief Administrative Officer From: David Ferguson, Purchasing Services Report#: PS-017-14 File#: CL2014-20 Subject: CL2014-20 — Osborne Road and Energy Drive Surface Works, Courtice Council Recess Procedure (Purchasing By-Law 2010-112, S. 67) Recommendations: It is respectfully recommended to the Chief Administrative Officer the following: a) That Report PS-017-14 be received; b) That Ashland Paving Limited with a total bid in the amount of$741,369.32 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2014-20 be awarded the contract for Osborne Road and Energy Drive Surface Works as required by the Municipality of Clarington, Engineering Department; and c) That the funds required in the amount of$773,691.55 (which includes contingencies) be drawn from the following accounts: Osborne Road Surface Asphalt 110-32-330-83334-7401 (2014) ...........................................................$ 115,000.00 Osborne Road Sidewalk 110-32-331-83334-7401 (2013) ............................................................$ 42,000.00 Osborne Road Street Lighting 110-32-324-83334-7401 (2013) ..........................................................$ 158,000.00 Energy Drive Surface Asphalt 110-32-330-83403-7401 (2014) ..........................................................$ 120,000.00 Energy Drive Sidewalk 110-32-331-83403-7401 (2013) ............................................................$ 64,000.00 Municipality of Clarington Report PS-017-14 Page 2 Energy Drive Streetscape 110-32-338-83403-7401 (2013) ...........................................................$ 100,000.00 Energy Drive Streetlighting 110-32-324-83403-7401 (2013) ..........................................................$ 175,000.00 Total Budget Amount $ 774,000.00 I Recommended by: c David Ferguson, Ma� ger, Purchasing Dat Services Concurrence: T y Ca ,ells, Direct r of Engineering Date xII F• Nancy TaVor, Diredtor of Finance Date Approved by: () - A�� ( � Frank Wu, Chief Administrative Officer Date DF\sm cc: M. Marano, Director, Corporate Services Municipality of Clarington Report PS-017-14 Page 3 Report Overview To request approval for the tender award for CL2014-20 Osborne Road and Energy Drive Surface Works Background 1. Tender specifications for the surface asphalt placement, sidewalk construction and street light installation on Osborne Road and Energy Drive were provided by the Municipality's Engineering Department. 2. Tender CL2014-20 Osborne Road and Energy Drive Surface Works was advertised electronically on the Municipality's website and the Ontario Public Buyer's Association website. Subsequently, tenders were received and tabulated as per Attachment 1. 3. The area of the work required was established to be as follows: Osborne Road (from South Service Road to Crago Road), Energy Drive (from Osborne Road to the east limit and on the southeast and southwest curves of Crago Road in Courtice. Analysis 4. A total of three (3) submissions were received in response to the tender call. All submissions were deemed compliant. 5. After further review and analysis of the bids by the Engineering Department and Purchasing, it was mutually agreed that the low bidder, Ashland Paving Limited be recommended for the contract for the Osborne Road and Energy Drive Surface Work. The recommendation memo from the Engineering Department summarizing the project and costs is appended as Attachment 2. 6. Ashland Paving Limited has provided similar services to the Municipality of Clarington and the level of service and quality has been satisfactory. 7. Queries with respect to the department needs, specifications, etc. should be referred to the Director of Engineering. 8. The total project cost of$773,691.55 includes $741,369.32 (net of HST Rebate) for project cost and contingencies. The funding and costs for this project are outlined in the memo from Engineering Services (Attachment 2). Municipality of Clarington Report PS-017-14 Page 4 9. Funding for this project will be drawn from the following account: Osborne Road Surface Asphalt 110-32-330-83334-7401 (2014) ...........................................................$ 115,000.00 OsboMe Road Sidewalk 110-32-331-83334-7401 (2013) ............................................................$ 42,000.00 Osborne Road Street Lighting 110-32-324-83334-7401 (2013) ..........................................................$ 158,000.00 Energy Drive Surface Asphalt 110-32-330-83403-7401 (2014) ..........................................................$ 120,000.00 Energy Drive Sidewalk 110-32-331-83403-7401 (2013) ............................................................$ 64,000.00 Energy Drive Streetscape 110-32-338-83403-7401 (2013) ..........................................................$ 100,000.00 Energy Drive Streetlighting 110-32-334-83403-7401 (2013) ..........................................................$ 175,000.00 Total Budget Amount $ 774,000.00 Concurrence 10. This report has been reviewed by Tony Cannella, Director of Engineering Services who concurs with the recommendations. Conclusion 11. To award the contract to Ashland Paving Limited, Concord, Ontario for the Osborne Road and Energy Drive Surface Work. Strategic Plan Application The recommendations contained in this report supports investing in infrastructure as outlined in the Strategic Plan. Staff Contact: David Ferguson, Purchasing Manager, 905-623-3379 ext. 2209 or dferguson@clarington.net Attachments: Attachment I - Bid Tabulation Attachment 2 — Recommendation Memo from Engineering Services Municipality of Clarington Report PS-017-14 Page 5 Attachment 1 Municipality Of Clarington Bid Summary Tender CL2014-20 Osborne Road and Energy Drive Surface Works Bidder Total Bid Total Bid (including HST) (Net HST Rebate) Ashland Paving Ltd. $823,257.99 $741,369.32 Coco Paving Inc. $975,184.50 $ 878,183.85 Brennan Paving & Construction Ltd. $1,125,844.09 $ 1,013,857.48 Attachment 2 COPY MEMO Leading the Way TO: David Ferguson, Purchasing Manager Sandra McKee, Senior Buyer FROM: Ron Albright, Assistant Director, Engineering Services DATE: November 19, 2014 RE: Osborne Road and Energy Drive Surface Works, Courtice CL2014-20 The Engineering Services Department has reviewed the submission for CL2014-20, and we offer the following comments: The limits of the project are Osborne Road from South Service Road to Crago Road, Energy Drive from Osborne Road to the east limit and on the southeast and southwest curves of Crago Road in Courtice. The scope of work for this project includes the surface asphalt placement, sidewalk construction and streetlight installation on Osborne Road and Energy Drive, landscaping on Energy Drive and Traffic Management (road signs) for the curves on Crago Road. Based on past experience with this contractor, we recommend award of the contract to Ashland Paving Ltd. in the amount of$823,257.99 inclusive of HST, or $741,369.32 net of HST rebate. Osborne, Road and Energy (give Surface Work,, Courtice CI-2014-20 2 Noveniber 19, 2014 Funding for the project will come from the accounts noted in the table below. Construction Cost, Based on Low Bid (n-et of HST) $ 741,369.32 Contingencies (net of HST) $ 32,322.23 Total Project Value $ 773,691.55 Budget Amount Osborne Road Surface Asphalt 110-32-330-83334-7401 (2014) $115,000.00 Osborne Road Sidewalk 110-32-331-83334-7401 (2013) $42,000.00 Osborne Road Street Lighting 110-32-324-83334-7401 (2013) $158,000.00 Energy Drive Surface Asphalt 110-32-330-83403-7401 (2014) $120,000.00 Energy Drive Sidewalk 110-32-331-83403-7401 (2013) $64,000.00 Energy Drive Streetscape 110-32-338-83403-7401 (2013) $100,000.00 Energy Drive Street Lighting 110-32-324-83403-7401 (2013) $175,000.00 Total Budget Amount $774,000.00 Estimated Unexpended Budget $308.45 Additional Funding Required $0.00 Engineering Services has reviewed the total project costs with the Finance Department and Finance has confirmed available funding. We recommend the report in support of the award move forward based on the above apportionments. Should you have any further questions, please feel free to contact the undersigned. Regards, Ron Albright, P. Eng. Assistant Director, Engineering Services RA/kr/nl PC: Nancy Taylor, Director of Finance A.S. Cannella, Director of Engineering Services Osborne Road and Energy Drive Surface Works, Courtice CL2014-20 3 November 19, 2014 Li 1 �+ BASE N OAD n IR �j U ,C COURT 3� 4 SOUTH e ROAD IN ENEft YORIVE N w m r E t �• f� CRAGO OAD 1:\^I7t:pcirtrnc:nl\Capital lrvor's\201-l\CSA.Eiiert)yosborne.1.CL.2 014-20\Corrrsprin(j,:nceUviemo to Fr.rrcnasing rc t">nder r��tdard CL201=1 G_tl;r�ornpRd'=nen;,+yi)rSuriacev4o,kssicc I