Committee of the Whole

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Alan Brown, Director of Engineering

 

 

 

 

PREPARED BY:

Domenic Smarrelli, Traffic Operations Supervisor

 

 

 

 

DATE OF MEETING:

2004-Apr-13

 

 

 

 

SUBJECT:

2002/2003 Traffic Calming

Tender Award Contract 017-T-04

 

 

 

 

 

RECOMMENDATION:

That tender 017-T-04 on 2002 / 2003 Traffic Calming be awarded to the lowest acceptable bidder, Ferdom Construction in their tender amount of $413,641.64 inclusive of 7% GST ($398,178.41 inclusive of 3% GST) subject to confirmation by the Region of York that these projects will be exempt from a potential policy that restricts transit service on roads with vertical traffic calming measures;

 

And that a contingency in the amount of $82,728.33 inclusive of 7% GST ($79,635.68 inclusive of 3 % GST) be established and that the expenditure control policy guide the use of the contingency funds;

 

And that  funds for tender 017-T-04 be provided from the Engineering Department’s 2002 Capital Budget (Account # 065-5350-4878-005) in the amount of $197,783.00 and 2003 Capital Budget (Account # 065-5350-5116-005) in the amount of $280,031.09 totaling $477,814.09 (inclusive of 3 % GST);

 

And that  the Region of York be requested to grandfather existing and approved locations having vertical traffic calming measures, inclusive of the 2002/2003 projects, as part of their adoption of a traffic calming policy for York Region Transit routes in the Town of Markham.

 

And that staff be authorized to call a Post Bid Addendum for the 2002/2003 Traffic Calming Projects for the 4 traffic calming projects which would not be impacted by a potential Regional Policy regarding transit service;

 

And that if the Region of York doesn’t exempt the projects under Tender 017-T-04 from a transit service policy,  then the CAO be authorized to award the post bid addendum to the lowest bidder subject to staffs acceptance of the tender price.

 

 

PURPOSE:

The purpose of this report is to award the 2002/2003 Traffic Calming projects.

The report also recommends that York Region Transit grandfather existing and approved locations having vertical traffic calming measures.

 

 

BACKGROUND:

2002, 2003 and 2004 Traffic Calming Projects – Work Plan

The Willowbrook Road and Aileen Road 2002 Traffic Calming construction work plan was approved by Council for $105,000 on April 23, 2003 from the 2002 Traffic Calming Budget. The 2003 Traffic Calming construction work plan had been approved by Council in the amount of $470,000 on May 26, 2003. Of the $470,000, $170,000 was to be up-fronted from the Traffic Calming 2004 budget to fund the 2003 Traffic Calming work plan shortfall.  The total budget for the 2002 and 2003 traffic calming construction work plans is therefore $575,000. 

 

Original Tender

The 2002 and 2003 Traffic Calming construction budgets, were incorporated into the 2003 Traffic Calming tender (# 146-T-03).  The tender closed on August 13, 2003 with one bid received amounting to $715,011.45, inclusive of 7% GST. This one bid exceeded the approved construction budget of $575,000.

 

Consequently, Council at its September 22, 2003 meeting authorized staff to revise the project scope of work in an attempt to meet the approved construction funding budget. 

 

 

DISCUSSION:

Re-Tender

In an attempt to meet the approved construction funding budget, the scope of work was revised to include the reduction of material quantities and simplified construction methods. In addition, the increased number of bids coupled with the desirable tender issue date, relative to the construction season, was also an attempt to meet the approved construction funding budget.

 

Consequently, the 2002 and 2003 traffic calming projects, re-tendered in February 2004, have now closed within the approved construction funding budgets.

 

Contingency

Due to the unique characteristics of the proposed traffic calming devices, including raised intersections, chicanes and intersection bump-outs, unforeseen construction related circumstances may occur that would require additional funding. Hence, a contingency in the amount of $82,728.33 inclusive of 7% GST ($79,635.68 inclusive of 3 % GST) be established and that the expenditure control policy guide the use of the contingency funds.

 

 

 

 

 

 

BID INFORMATION:

Tender 017-T-04 was issued in accordance with Purchasing By-law 143-2000 and details are as follows:

Advertised, place and date

Electronic Tender Network (ETN)

February 3, 2004

Bids closed on

February 20, 2004

Number picking up bid documents

13

Number attending the mandatory site meeting

13

Number responding to bid

3

 

Three submissions were received with prices as follows:

 

Ferdom Construction

Mopal Construction

Road Savers 2000

Total Price 7% GST

$413,641.64

$508,892.00

$676,421.90

Total Price 3% GST

$398,178.41

$489,868.00

$651,135.10

 

The tender was evaluated on the selection of the lowest qualified bid.  The bids have been verified for accuracy and compliance with the tender terms and conditions. A reference check is being conducted and a verbal update will be provided on the meeting date.

 

FINANCIAL CONSIDERATIONS:

The total construction funding amounts to $477,814.09, inclusive 3% and contingency. Funding will be provided from the Engineering Department’s 2002 Capital Budget (Account # 065-5350-4878-005) in the amount of $197,783.00 and 2003 Capital Budget (Account # 065-5350-5116-005) in the amount of $280,031.09. The expenditure control policy will guide the use of the contingency funds.

 

YRT Traffic Calming Policy

In September 2003, York Region Transit (YRT) drafted a traffic calming policy which stated that YRT in future may not provide service on routes with vertical traffic calming measures.  Regional Council requested YRT to establish a task force consisting of representatives from YRT, emergency services and municipal staff to receive input on the proposed policy. 

 

Any one of the three following scenarios will likely result pending Regional Council direction on the YRT traffic calming proposed policy: 

 

- Removal of transit service on all vertical traffic calmed roads;

- Removal or modification of vertical traffic calming devices;

- Grandfather existing locations that have vertical traffic calming measures.

 

At the time YRT put forward their draft policy, the Town had already completed the environmental assessment process including public consultation and voting for each of the 2002 / 2003 projects.  Currently, public transit service exists on streets representing 10 of the 14 2002/2003 traffic calming projects proposed under this tender. Given this commitment to the public, Council directed staff to proceed with the 2002/2003 projects.  Therefore, Regional Council should be requested to grandfather existing and approved locations that have vertical traffic calming measures, inclusive of the 2002/2003 projects, as part of their adoption of any traffic calming policy for York Region Transit routes in the Town of Markham.

 

Finance and Administration Committee

As requested at the April 5, 2004 Finance and Administration Committee staff have reviewed the option of proceeding with 4 out of the 14 traffic calming projects which would not be impacted by a potential Regional policy of not providing transit service on roads with vertical traffic control measures.  The list of 2002/2003 traffic calming projects and the potential impact of the Regional Policy are noted in Attachment ‘A’.

 

Traffic Calming projects like other capital programs (i.e. sidewalk, illumination) are often tendered as a package to get contractors to bid on such and secondly to obtain the best contract prices.

 

Even with packaging of all the traffic calming projects we only received 3 tenders this year, 1 tender bid in 2003 and 2 tenders in 2002.  Piecemealing the projects in small tender packages will likely result in little or no interest from contractors and high bid prices.

 

Tender Contract  017- T- 04

Clause 5 of the general terms and conditions for the 2002/2003 Traffic Calming contract enable the Town to add or delete quantities. 

 

“Please note quantities may vary as they are approximated from design drawings and calculations.  Unit prices shall remain firm regardless of quantities of work required.  Streets may be added or subtracted at the discretion of the Director of Engineering without penalty to the Town.”

 

The deletion of 70% of the projects however substantially alters the tender and the basis of their unit prices. 

 

In discussion with the Finance and Legal Departments it is recommended staff issue a post bid addendum to the 3 bidders to obtain an additional tender bid that only includes the 4 projects which would not be impacted by an adverse Regional Policy on grandfathering existing or approved vertical traffic calming measures.  The Town of Markham would therefore have 2 tenders available to award pending the position of the Regional Policy.  If the Region grandfathers the existing/approved traffic calming projects then the February 18, 2004 tender with all 14 projects would be awarded.  If the Region does not grandfather existing/approved traffic calming project the Town of Markham would award the Post Bid Addendum tender of 4 projects.

 

It should be noted that the 3 bidders are not obligated to bid on the addendum.  In addition the unit prices for the addendum may vary substantially from the original tender.

 

The following action plan is proposed;

 

Issue Post Bid Addendum                                                                     April 16, 2004

Close Post Bid Addendum                                                                    May 3, 2004

Regional Transit Report                                                                        June 17, 2004

Markham Council approval to award tender                                          June 22, 2004

for 14 or 4 projects               

Construction                                                                                         July/August                           

 

 

If the Region can advance their report to May 13, 2004 then Markham would be in a position to award the tender May 25, 2004 thereby advancing the construction schedule to June/July.

 

ATTACHMENTS: ‘A’

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Alan Brown, C.E.T.

Director of Engineering

 

Jim Baird, M.C.I.P., R.P.P.

Commissioner of Development Services

 

Q:\Development\Engineering\REPORTS\2004\March\TRAFFIC CALMING 017-T-04 Award Report DRAFT 3.doc