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HomeMy WebLinkAboutTR-53-93 THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE F i I a# Date: June 21, 1993 Res. # TR-53-93 By-Law# Report#: File#: TENDER NW93-191 NEWCASTLE MEADOWS PHASE I - REPAIR OF Subject: DEFICIENCIES Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report TR-53-93 be received; 2 . THAT Bennett Paving and Materials, Oshawa, Ontario, with a total bid in the amount of $205,565 . 79, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender NW93-19, be awarded the contract for Newcastle Meadows Phase I - Repair of Deficiencies, as required by the Department of Public Works; 3 . THAT the attached By-Law, marked Schedule "All be forwarded to Council for approval; and 4 . THAT the funds be drawn from the Subdividers Deposits, Account #2015-00001-0000. BACKGROUND AND COMMENT: In accordance with Council Resolution #GPA-201-93 (see Schedule "B" attached) , tender specifications were provided by G.M. Sernas and Associates Ltd. for Newcastle Meadows Phase I Repair of Deficiencies. 146 IS PRIM-4 RE GYCIED PAPER Page - 2 - TR-53-93 TENDER NW93-19, NEWCASTLE MEADOWS PHASE I - REPAIR OF DEFICIENCIES Subsequently, tenders were advertised and issued with bids being submitted as follows: Bidder Bid Amount Bennett Paving & Materials Limited $ 205,565.79 Oshawa, Ontario Miwel Construction Limited $ 216,130.92 Stouffville, Ontario Harnden & King Construction $ 234,320.88 Brooklin, Ontario Pilen Construction of Canada Ltd. $ 237,623. 13 Brampton, Ontario 961488 Ontario Limited $ 239,667 .74 o/a Sanan Construction Maple, Ontario En-San Contractors $ 240,560.78 Weston, Ontario Dagmar Construction Inc. $ 255,317 . 35 Markham, Ontario Miller Paving Limited $ 286,459 .09 Markham, Ontario * arithmetic error on contingency item C. 1 a Based on the low bid, the overall costs are summarized as follows: By Contract $ 205,565.79 Contract Preparation $ 29,500. 00 Total Cost $ 235,065 .79 In accordance with Resolution #GPA-201-93, the irrevocable letter of credit from Newcastle Meadows Inc. , in the amount of $677,810 .48 was drawn down and deposited into the Town's bank account. The required funds will therefore be drawn from the Subdividers Deposits, in General Ledger Account #2015-00001-0000 . i Page - 3 - TR-53-93 TENDER NW93-19, NEWCASTLE MEADOWS PHASE I - REPAIR OF DEFICIENCIES The unexpended funds will be retained until the project is completed to the satisfaction of the Director of Public Works . Any funds owing to the Developer will be released as appropriate upon notification from the Director. The low bidder has previously performed satisfactorily for the Town of Newcastle. The Treasurer has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc. , should be referred to the Director of Public Works . After further review and analysis of the bids by Public Works, G.M. Sernas and Associates Ltd. and Purchasing, it was mutually agreed that the low bidder, Bennett Paving and Materials, Oshawa, Ontario, be recommended for the contract for Newcastle Meadows Phase I - Repair of Deficiencies. A letter from the consultant is attached marked Schedule "C" . Respectfully submitted, Recommended for presentation to the Committee, NJj� f Marie Marano, H.B.Sc. ,AMCT. , Lawrence E. Kotseff, Treasurer. Chief AdministLiive Officer. W.A. Evans, P.Eng. , Director of Public Works . LAB/hjl Attachments / 03 SCHEDULE "A" THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 93- Being a By-Law to authorize a contract between Bennett Paving and Materials and the Corporation of the Town of Newcastle in respect to Newcastle Meadows Phase I Repair of Deficiencies THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal, a Contract dated the day of June 1993, between Bennett Paving and Materials and said Corporation. By-Law read a first and second time this day of June 1993. By-Law read a third time and finally passed this day of June 1993. Mayor Clerk i / 04 i SCHEDULE "B" THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File # Res. # Date: MARCH 15, 1993 By-Law # Report#: wD_1 1 -93 File #: B- 02 . 11-002 Subject: NEWCASTLE MEADOWS SUBDIVISION, PLAN 10M-835, COMPLETION OF ALL OUTSTANDING WORKS I Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report WD-11-93 be received; 2 . THAT the Director of Public Works be authorized FORTHWITH to issue a 'Final Notification Letter' to Newcastle Meadows Inc . , and their surety, stating a completion deadline of April 30, 1993, 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 . THAT the Director be authorized to expend said monies pursuant to all obligations incurred or to be incurred by the � = Corporation of the Town of Newcastle in accordance with the Subdivision Agreement between Newcastle Meadows Inc. , and the Corporation of the Town of Newcastle; and 5. THAT Newcastle Meadows Inc. and the Royal Bank of Canada, National Trust Company and Marianne Zakarow be advised of Council's decision and be provided with a copy of Report WD-11-93. Rf(:YClEO IIfCYR� rt t 1~ ( !i ; y+•...t y'`' 1 t i Y ` R. r� IA<•E11,®• i � VCLED REPORT NO. : WD-11-93 PAGE 2 REPORT 1.0 ATTACHMENTS No. l: Key Map No. 2 : Copy of Pertinent Excerpt from the Subdivision Agreement No. 3: Copy of 'Final Notification Letter' to Developer 2.0 BACKGROUND 2 . 1 The Corporation of the Town of Newcastle entered into a Subdivision Agreement, registered April 25, 1990, with Newcastle Meadows Inc . to develop lands by plan- of subdivision, located in Bowmanville and described as Plan 1OM-835 (Attachment No. l) . The agreement required the developer to construct a storm sewer system and all roadworks, including hot-mix paving, curbs, sidewalks, topsoil and sodding of boulevards, paving of driveway entrances, street lighting and street trees, hereinafter referred to as the 'Works ' . 2 .2 The initial works were . completed by the developer in the spring of 1990 and some surface works were completed in the summer of 1991. Since that time, there has been.no progress in completing the remaining works. Despite several notices from the Town of •Newcastle to complete the construction of a retaining wall adjacent to existing lands, no action has been forthcoming in this regard. In addition, there are minor maintenance issues that are notl; being addressed by the developer_or his consulting engineers 2.-3..,- ..The outstanding works:include; but:are`-not necessarily limited to:::';construction. of a :dry stone retaining wall approximately.: 7,0 .metres:,Ion construction of the';.; rima access .roadwa ; ' g;:.a P ry: y ' -<: storm. sewer .ire airs;,-;,:base halt��se airs;,*-. concrete*. curbs; P . y, P P concrete sidewalks;': surface::asphalt''paving;.,driveway .approach :ii't:• "jc?dr.-+^'ra,;.•r A- i + h�t :':"+ t?r :;^LR• paving street:arees..: r,. .: h�S- :1 t i :r r 6f r`.,• ili _'z;::•, "i.�i:`' 1.,::,.ic, "•:�'`;flr.j 4_�%;:•;1 qlh ,} .l +�.ri1 V,'%. ••.p7 4:::Gi.�q:`• O1 ;•:.�'1., �+.J ?Y. 'ir.l:. (7.5:�:. rr :l r f ..� y i.. ..y ',>.,;F •t 4 :61,.:•:., ::-p. tY,r��' ;i�, t .�- ;i�.` .4k1 kbt�� ,c' -^t,•.�';� .a_Y�', ',aa::•u,;fir ti,.. .`•�'3.r.,,,,.r.�' �,>k: ."2I x at c"-reF{.. �v3,`: ..7. ;.� •vt t? .t..� 'f'' t.4, -:^. .r .i• ..6.k:'%5'-? `.11.i. tt�.:vt�`?. tii.: .1• .y�':S: .,., .i..:<,,^, '.�.^:, :r ':;�. •.S'? z' :7 as+, ^?: 7i -'73c., r� .,t.- °t .'t 7,,.,, :7•` :c�a1.::;9:;." .:1,. ,`F, ``<.. ,y•%.. .P.. .+'x vb� 'C J ,s.sr .J. :.l,�r:',�i ,;afr S..t. r;r, •.i's . �x:.r•:_ ..tip' � , ae�;.:,.,.. .<`s-Y:_t«.. ,��•�: , . 1:'1.+ !. 4.� ^''t ,cam-Min 't'r '�j: ,.r:ar,:..a'✓-':-k,•:4.,'.•',•L'.'dt1J't:r%'c:.a.. a.,Y'':>.•+, 6'"�sr�i�,r> >v ,�`r��'.`.'. %;, .a t ... t. 't�Y%ytr,:.:•.<3 -:t.;.v��a.... -:r:..rr�.,.y' r.�',•,rt'yr > `P'�1.t,.� .�u •t;i,•`'U;'r<:s� ":�k '?'{ x:,n� ts�(i, :r"'9 E;y}�Yj". � ..� ,1' :Y'tr. Q�h- i-rka .G,.{ln '.?= y. �4 .jam.. ''!� .. :.h;�j,+. S F d F.a tiay•.<,`�>h62)X;i•:�c t1 f. .u`.!�p.�,� .7,. �rt.F:is:��':,�,. �i. '1 "fir• -:e' t�,f�. �t •� .Ira' a•yf' � ..Fa`n��'=�'<`�' t• 4a ,c ! '�'•�:�a'drr,3 d�`i' i`` ��^ "'�```, '�'.Y:i a, `1,�'j!'��: `- rr3f r?• "��,�,`�'�',y ;;rs (:��'..�i7��! i;�:,,;!:,: . . :gip;, F,'7�`u, r ..-S. •�!!, r',, ,�.;k.`,• +�f:•;.. e{,, f,:"::.r, REPORT NO. : WD-11-93 PAGE 3 2 .4 The consulting engineers for this project have advised the Town that due to lack of payment, they will no longer act on behalf of the developer or carry out work on the project. 2 .5 There is presently a Letter of Credit from the developer, valued at $677 ,810 .48, in favour of the Corporation of the Town of Newcastle. The estimated costs of completing all outstanding works (including contingencies, and engineering) in accordance with the provisions of Section 5 . 17 of the Subdivision Agreement, are approximately $670,000 . 2 . 6 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 .7 In the event the developer does not complete all outstanding requirements by April 30, 1993, the Town will proceed with these works at the full expense of the developer. In order to protect the Town'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 immediately following the above-noted deadline. Respectfully submitted, Recommended for presentation to the Committee, }.. Walter A. Evans, P.Eng. , Lawrence E. R eff, Director of Public Works Chief Administ ative Officer f..., NC*WAE*hj L_ March 1, 1993 Attachment . . . /4 = non L REPORT NO. : WD-11-93 PAGE 4 pc-. Newcastle Meadows Inc. The Royal Bank of Canada National Trust Company Marianne Zakarow -To I 'r L - t5 !� 7 .?..{_�?.f�f=#�1, t�i i i r 1 . t .,i.^.. _:`4 �{•rA""nV K�`.n�Y�rY ''`Y:c•�. : � ';y.:,c,=;4rp Sr j, •rr� :;4}.i;h?�`'�•X'..�;id�+i t=Sa - �iA - 41, i -_ 4...z �! i.• a�£�� ��i.(; o ly%. :�`�t<3 i� .Y. ..5;!p.4°�u N U: :},.+.,5'{��f - rkx✓:��.�. .:.�.,:. .�•.k e�,. :i'?•• ..�. �, ..i' i :{F4.r ..t+ "Z �:1;<� A� '%rE:":sr; �i .,Y'"!;.•�:,r.:._,-:;, ,emu:�•�.`�' :. �:. :� 9�c faL r� '; ��J;r. _ ,;s�:�•Y'�'ii�_ .R_:'�; .C., t�' ..z,;-. r�;JF rx;.. {,�{ FF•`•rr":ia�izf�"•.. �����n ,��C�U�,=:.:' t F,`� :'+r �i�c i`' �•1y �'K�`'r.� �3;y•t�.Z.a�R'�`�+'�'Fx''�s..i...z...trt,ca..g}7.�y�:��; i 0 c� Li PRIMARY elf ACCESS ROAD LONGWORTH AVENUE .NEWCASTLE W w w w MEADOWS M co U) � 0 X835* co R� J � G w m_ -- m J CLAYTON CRESCENT CLAYTON CRESCENT SHORVIEW MEADOWVIEW BOULEVARD CO C, �. o bi O obi = � w F w ECT LiLY r C: ATTACHS SUBD 1OM835 DRAWN BY: JM DATE: NOV. 1992 0 ATTACHMENT NO. 10- KEY MAP WD-11-93 .:,.14 J;bQUGNC; yt LV•..�.n�.�l The Owner shall, upon the issuance of an Authorization to Commence Works, proceed to construct and install all of the Works continuously and as required by the approved Schedule of Works. 5.15 COMPLETION TIME FOR CONSTRUCTION AND INSTALLATION The Owner shall, within two (2) years of the date of the issuance of an Authorization to Commence Works, complete the construction and installation of all of the Works authorized in such Authorization to commence Works with the exception of the curbs, sidewalks, final coat of asphalt, final lot grading, driveway approaches, sodding and tree planting. 5.16 ADDITIONAL FACILITIES OR WORK REQUIRED If, in the opinion of the Director, any minor or incidental additional work is required to provide for the adequate operation and functioning of the Works, the Owner shall, until the conclusion of the maintenance guarantee period, construct or install such additional facilities and perform such additional work as the town may request from time to time. 5.17 INCOMPLETE OR FAULTY WORK (1) If, in the opinion of the Director, the Owner is not executing or causing to be executed the Work required by this Agreement, in such a manner that it will be completed within the time specified for such completion, or if the said Work is being improperly done, or if the Owner neglects or abandons the said Work, or any part of it, before completion, or unreasonably delays the execution of the same, or if in any other manner the said Work is not being done properly and promptly in full compliance with the provisions of this Agreement, or in the event that the Owner neglects or refuses to do over again any Work which may be rejected by the Director as defective or unsuitable, or if the Owner in any other manner in the opinion of the Director may default in performance under this Agreement, then in any such case the director on the authority of the council of the town may notify --the Owner and-his sur-e-ty in writing of such default or neglect and within ten (10) - - clear days after the giving of such notice or within such further period of time as may be specified in the notice, the Town Council shall thereupon have full authority and power immediately at its option to employ a contractor or such workmen as in the opinion of the Director shall be required for the proper completion of such work at the cost and expense of the Owner or his surety, or both. In cases of emergency, in the opinion of the Director, such work may be done without prior notice, but the Owner shall forthwith be notified. The cost of such work shall be calculated by the Director, whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of thirty (30%) percent of a contractor's charges to the Town (including any charges for overhead and profit) or, if such work is undertaken by the Town, thirty (30%) percent of all charges incurred to complete the work, it being hereby declared and agreed that the assuming by the Owner of the obligations imposed by this clause is one of the considerations without which the Municipality would not have executed this Agreement. (2) In the event that any liens are filed under The Construction Lien Act such filings shall constitute a .default in performance under this agreement, then in any such case 'the Director may notify the Owner and his surety in writing of such default and if the Owner fails to satisfy claims of the lien claimant within ten (10) clear days after the giving of such notice or within such further period of time as may be specified in the notice, then the Municipal Council shall thereupon have full authority and power immediately at its option, to pay the full amount of the claim and costs into an appropriate court having jurisdiction and the Municipality shall be authorized to use all or part of any performance or maintenance guarantee to do so. In the event that the Municipality draws upon the performance or maintenance guarantee to satisfy the claims and costs of any lien claimant, the Owner shall forthwith upon notice from the Director reinstate the performance or maintenance guarantee to the full value required under the terms of the agreement. 5.18 ENTRY FOR EMERGENCY REPAIRS The Owner agrees that, at any time and from time to time, employees or agents or the town may enter the said Lands for the purpose of making emergency repairs to any of the Works. Such entry and repairing shall not be deemed an acceptance of any of the Works by the Town, nor an assumption by the Town of any.liability in connection therewith, nor a release of the Owner from any of its obligations under this Agreement. Lr, ATTACHMENT 140. 2 TI IE TOWN OF Qnast(e ONTARIO Newcastle Meadows Inc. 4300 Steeles Avenue West Unit 17 Woodbridge, ON L4L 4C2 Attn: Mr. J. Nissan RE: NEWCASTLE MEADOWS SUBDIVISION, TOWN OF NEWCASTLE, PLAN IOM-835 -FINAL NOTIFICATION LETTER-- This letter will serve as notice, as stipulated under Section 5 . 17 of the Subdivision Agreement between the Corporation of the Town of Newcastle-and Newcastle -Meadows Inc. , that, in the opinion of the Director of Public Works, you have defaulted in performance under the conditions of the agreement. )ue to a lack of progress on the above-noted subdivision, you are hereby notified that you have until April 30, 1993, to complete all outstanding works, which include but are not limited to: 1. Completion of the dry stone retaining wall; 2 . Rectification of any storm sewer deficiencies; 2 . Completion of base asphalt repairs; 3. Completion of all curbs, sidewalks and driveway aprons; 4 . Completion of all boulevards, including sod and street trees; 5 . - Completion of all surface asphalt; and 7 . Completion of the Primary Access road. ! All works are to be completed to the satisfaction of the Town of Newcastle and require the full time supervision of your consulting engineers, G. M. Sernas and Associates Ltd. Y ' J ) 1 ATTACHMENT N0. 3 . . .2 CORPORATION OF THE Tnwm OF NFWrACTI F . . .2 Public Works ' staff will review the status of these works with your consultant just prior to the April 30, 1993, deadline.. Any works not completed to our satisfaction will then be carried out by the Town, at your full expense, in accordance with the terms and conditions of the Subdivision Agreement. Yours truly, W. A. Evans, P. Eng. Director of Public Works NAC/WAE/hj pc: Marie Marano, Treasurer Patti Barrie, Clerk - - A. S. Cannella, Manager of Engineering The Royal Bank of Canada National Trust Company Marianne Zakarow i 1. 12 - 1 �4 G.P.& A. Minutes - 8 - March 15, 1993 PUBLIC WORKS DEPARTMENT Newcastle Meadows Resolution#GPA-201-93 Subdivision, Plan 10M-835, Moved by Councillor Hooper, seconded by Councillor Dreslinski Completion of All Outstanding Works THAT Report WD-11-93 be received; THAT the Director of Public Works be authorized, FORTHWITH to issue a 'Final Notification Letter' to Newcastle Meadows Inc., and their surety, stating a completion deadline of April 30, 1993, for all outstanding works; THAT upon expiration of the aforementioned deadline, the developer's Letter of Credit be drawn down, in the full amount; THAT the Director be authorized to expend said monies pursuant to all obligations incurred or to be incurred by the Corporation of the Town of Newcastle in accordance with the Subdivision Agreement between Newcastle Meadows Inc., and the Corporation of the Town of Newcastle; and THAT Newcastle Meadows Inc., the Royal Bank of Canada, National Trust Company and Marianne Zakarow be advised of Council's decision and be provided with a copy of Report WD-11-93. "CARRIED" '<l" rii 2< bt. :`t I•I• :•nxx•r ro x .r•e,•x•r•t•z 'w7>C;:Yi 2 Ig;II Ft 7 i i:"2 3 7 71` '<: r�.' i`i4 S4y7jM7}7;P3t:L:17::•'t:7::R:7 i;•::::.:x;-7elgy}i••,7y:.:.rxvw.r•-•sm1.r •a-<Y:.-rx;rc-.:e,x;e,4<,;e;�r,a••. �3?'iii33?=v�?i=,•?#ir?«.;,3's,�3 W«5,?�€i'si?,.?..x��3�ttt.- _ .i.�,, :i.�,...r,. .........�_s .t,:..7.?.i�t.3.�.t.tE.1..,;;.�.. ,�i}ti :�:i.ta.3.,... .. .. x,.., i. 1 1 I } i • i X13 SCHEDULE "C" G.M. Sernas QAssociates Ltd. (NI Consulting Engineers&Planners June 10, 1993 110 Scotia Court, unit 41 Whitby,Ontario L1N 8Y7 Telephone:(416)432-7878 Toronto Line:(416)686-6402 Fax:(416)432-7877 Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Attention: Mr. A. Cannella, C.E.T. Manager of Engineering Dear Sir: RE: TENDER CLOSING RECTIFICATION OF DEFICIENCIES & ABOVE GROUND WORK NEWCASTLE MEADOWS SUBDIVISION - PHASE I TOWN OF NEWCASTLE, CONTRACT NW93-19 OUR PROJECT NO. 8706 Tenders for the above noted project were received and opened on Tuesday June 8, 1993 at 2 : 00 p.m. The following is a summary of the eight (8) tenders received. TOTAL TENDERS TENDERED AMOUNT 1. Bennett Paving & Materials Limited $ 205, 565. 79 2 . Miwel Construction Limited 216, 130. 92 * 3 . Harnden & King Construction 234, 320.88 4 . Pilen Construction of Canada Ltd. 237, 623 . 13 * 5. Sanan Construction 239, 667 .74 6. En-San Contractors Ltd. 240, 560.78 7. Dagmar Construction Inc. 255, 317. 35 * 8. Miller Paving Limited 286, 459. 09 * Final values adjusted to correct arithmetic error on contingency item C. 1 a) . The Engineer' s Estimate for the tendered work was $251, 931.75. In comparison to the Engineer' s Estimate, the lowest tender represents a decrease of approximately $46, 365.96 or 18.40%. We have examined the three (3) lowest tender submissions and find them to be complete and in compliance with general tendering requirements. . . ./2 i G.M.Sernas QAssociates Ltd. �X �;rswLng Enqneers&Planners Town of Newcastle Attn: Mr. A. Cannella, C.E.T. June 10, 1993 Page 2 Furthermore, we have analyzed the unit prices tendered on the three (3) lowest tenders and have found the unit prices bid to be reasonable without evidence of unbalancing. The contract is open for acceptance for a period of 30 days after the tender closing date of June 8, 1993 . The contract work is scheduled for completion within six (6) weeks after the date of official notification to commence work. Based upon the low tender received, that of Bennett Paving and Materials Limited, the following is our summary of the project cost attributable to the Town of Newcastle. TOTAL PROJECT COST Contract Tender Amount (Incl. GST) $177,521.59 Contingency Items 28 , 044 . 20 Total Tendered $205, 565.79 Engineering & Resident Supervision 29 .500. 00 Total $235, 065.79 The contract work includes the repair of deficient portions of the storm system and base roadworks, the completion of surface asphalt, second stage concrete curb, concrete sidewalk, boulevard grading and sodding, and general clean-up of debris located in the road allowances. We are satisfied that Bennett Paving and Materials Limited is capable of completing this project to the terms of the contract, and therefore, recommend acceptance of the low tender and award of the contract to Bennett Paving and Materials Limited subject to the requisite approvals. Trusting the above is to your satisfaction, we remain. Yours very truly, G.M. Sernas & Associates Limited i Dale Dionne, P. Eng. , MBA Darrell Goudey, P. Eng. Contracts Administrator Project Manager DD:ml cc: Town of Newcastle, Attn: L.A. Birkett A.M.C.T. (A) � 1 � i