M I N U T E S
SPECIAL COMMITTEE OF THE
WHOLE
2002-08-08
Canada
Room
Meeting No. 18
Attendance
|
Mayor D. Cousens
Deputy Mayor F. Scarpitti (9:20 am)
Regional Councillors B. O'Donnell (9:15 am)
Councillors S. Daurio
J.
Virgilio (9:15 am)
G.
McKelvey
J.
Heath
D.
Horchik
A.
Chiu
|
J. Livey, Chief Administrative Officer
J. Baird, Acting Commissioner of Development
Services
S. Birrell, Town Clerk
J. Bosomworth, Senior Project Coordinator
B. Cribbett, Treasurer
J. Lustig, Manager of Financial Planning
P. Miller, Acting Manager, Secretariat Services
P. O'Connor, Manager of Purchasing
S. O'Melia, Assistant Town Solicitor
R. Robinson, Town Solicitor
J. Sales, Commissioner of Fire and Community
Services
A. Taylor, Commissioner of Corporate Services
|
The Committee of the Whole meeting convened at the hour of
9:05 a.m. with Mayor D. Cousens in the Chair.
DISCLOSURE OF INTEREST
None declared.
REQUEST FOR IDENTIFICATION OF DEPUTATIONS
None identified.
1. ANGUS GLEN COMMUNITY CENTRE
AND LIBRARY
ADDITIONAL FEES FOR CANSULT
HANSCOMB PROJECTS INC.
FOR PROJECT MANAGEMENT
SERVICES (6.6 & 7.0)
Moved by Councillor D. Horchik
Seconded by Councillor G. McKelvey
That Council approve additional payment of $110,725
inclusive of GST for a total amount of $475,725 inclusive of 7% GST to Cansult
Hanscomb Projects Inc. to provide project management services for the Angus
Glen Community Centre and Library.
Carried
2. TENDER 107-T-02
AWARD OF CONTRACT FOR CONSTRUCTION OF
ANGUS GLEN COMMUNITY CENTRE AND LIBRARY (7.12.3)
On June 25, 2002, Council delegated authority to award the
contract for construction of the Angus Glen Community Centre and Library to
Committee of the Whole at a special meeting at which five members would
comprise a quorum.
Committee had before it the report dated August 8, 2002 from
the Commissioner of Community and Fire Services regarding the award of the
tender for the construction of the Angus Glen Community Centre and Library.
The CAO and Committee thanked the team comprised of the
Commissioner of Community and Fire Services, the Project Consultant, staff,
representatives of Shore Tilbe Irwin & Partners and Cansult Hanscomb
Projects Inc., and the Steering Committee for achieving excellence in the bid
documents and process to date and for their considerable efforts in this
regard.
Mr. A. Wolfe, Project Consultant, reviewed the report in
detail. He pointed out there is a
budget overrun of $877,000 which includes a number of items. He first reviewed the items which must
remain such as inspection and testing allowances. Mr. Wolfe then reviewed items totaling $312,000 which could be
considered for removal and perhaps provided at a later date. Mr. Wolfe advised that a master list of
these items will be prepared with recommendations indicating those of least
impact while still providing good value.
He also identified other areas that may provide cost savings including
requesting a review by contractors.
Mr. N. Volpe, Barrister & Solicitor, Solicitor
representing Aquicon Construction Ltd. (Aquicon), was in attendance and voiced
his concern that tender requirements were not met. He pointed out that Aquicon was the third lowest bidder and was,
in his opinion, the only bidder that provided proof of bonding for the
electrical contractor. Mr. Volpe
considers this requirement to be a fundamental term of the tender
document. Mr. Volpe quoted case law in
support of his position.
The Town Solicitor advised that, after review and
consultation, it is his legal opinion that proof of bonding for the electrical
contractor was not a fundamental requirement of the tender document.
The Treasurer reviewed the Angus Glen Community Centre and
Library budget details noting that furniture and fixtures will be tendered at a
later date.
Mr. Wolfe introduced John Aquino, Vice-President, Bondfield
Construction and members of the consulting team who were in attendance:
David
Field, Cansult Hanscomb Project Inc.
Ron Wark,
Cansult Hanscomb Project Inc.
D'Arcy
Arthurs, Architect, Shore Tilbe Irwin & Partners
Blair Kohlmeier,
Stafford Haensli Architects
It was confirmed that construction should begin September 9,
2002 and the anticipated completion date for phase one is September, 2003.
Mr. J. Bosomworth, Senior Project Co-ordinator, tabled and
reviewed a memorandum dated August 8, 2002 from the Director of Engineering
providing an update on servicing for the site.
Some discussion followed about routing of services and timeframes.
Lengthy discussion took place regarding guarantees during
which it was noted that the two year guarantee will be with the general
contractor. Extended warrantees will be
with the subcontractors/suppliers/manufacturers. It was generally agreed, however, that equipment for the project
has been carefully chosen based on reputation and reliability.
Discussion continued regarding such matters as the heritage
dwelling on the site which will be treated separately, the processing of change
orders, the potential impact of a legal dispute on construction scheduling, and
the potential financial and servicing impact of extending the scheduling
timeframe.
The Commissioner of Corporate Services introduced Paul
O'Connor, Manager of Purchasing, and welcomed him to the Town.
Moved by
Councillor D. Horchik
Seconded by
Councillor S. Daurio
That the
report titled “Award of the Tender for the
Construction of the Angus Glen Community Centre and Library” be
received;
And that
the memorandum dated August 8, 2002 from the Director of Engineering
providing an update on servicing for the site, be received;
And that
the tender 107-T-02 for the construction of the Angus Glen Community Centre and
Library be awarded to Bondfield Construction Company Limited being the lowest
acceptable bidder, in the amount of $32,912,046 inclusive of 7% GST
($31,681,689 inclusive of 3% GST);
And that the funding sources for the
construction contract be as follows:
And that funding for the Other
Construction Costs (see Appendix D attached to original minutes on file in the
Clerk's Department) in the amount of $1,502,119 inclusive of 3% GST and
Internal Costs (see Appendix D) in the amount of $3,136,113 inclusive of 3% GST
be from the Development Charge Reserve Fund;
And that total project costs in the
amount of $42,175,000 inclusive of 3% GST be approved, and the details in
Appendix “D” be received for information;
And further that all construction change
orders up to $100,000 be approved by the Commissioner of Community and Fire
Services and the Treasurer, and that change orders over $100,000 up to
$250,000 require approval by the Commissioner of Corporate Services and the
CAO and that change orders over $250,000 require approval of the Finance and
Administrative Committee.
Carried
…………………………………….
Committee of the Whole
recessed in-camera at the hour of 10:15 a.m. to discuss a confidential legal
matter. The Committee rose and reported
at the hour of 10:45 a.m.
…………………………………….
3. MARKHAM HYDRO DISTRIBUTION
INC.
INTER-CREDITOR AGREEMENT
(13.7)
Moved by Councillor J. Virgilio
Seconded by Councillor A. Chiu
That Council approve the execution of
the Inter-Creditor Agreement between Markham Hydro Distribution Inc., the Bank
of Nova Scotia and the Town of Markham;
And that the report entitled
"Amendments to the Markham Hydro Distribution Inc. Promissory Notes"
approved by the CAO be received for information.
Carried
______________________________________________________________________________
4. TOWN OF MARKHAM ANNUAL REPORT
(7.2)
Mayor D. Cousens presented the 2001 Town of Markham Annual
Report and complemented the Commissioner of Corporate Services and staff on
this excellent product.