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2001/11/05REGULAR COUNCIL MEETING Monday, November 5, 2001 Order of Business and Agenda Package REGULAR MEETING November 5. 2001 PRAYER: Alderman Shirley Fisher ADOPTION OF MINUTES: Regular Council of October 29, 2001 DISCLOSURES OF PECUNIARY INTEREST Disclosures of pecuniary interest and a brief explanation thereof will be made for the current Council Meeting at this time. DEPUTATIONS Wesflane High School Band Mr. David Chubb, Music Director, Westlane High School wishes to address Council regarding the Westlane High School band. MAYOR'S REPORTS, ANNOUNCEMENTS, REMARKS COMMUNICATIONS AND COMMENTS OF THE CITY CLERK The Niagara Parks Commission - Re: Winter Festival of Lights Fireworks Displays. requesting permission to carry out fireworks displays on behalf of the Winter Festival of Lights event on the following dates and times: November 17, 2001 at 5:25 p.m.; November 23, 2001 at approximately 9:00 p.m.; December 26, 2001 at approximately 9:15 p.m. December 31, 2001 at approximately 9:00 p.m.; and at midnight; and January 19, 2002 at approximately 9:00 p.m. RECOMMENDATION: That the request be approved subject to established policy. -2- Additional Items for Consideration The Acting City Clerk will advise of any further items for Council consideration. REPORTS RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTION-~ (Alderman Wayne Campbell, Chair) COMMUNITY SERVICES MATTERS ¸, Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer Chief Administrative Officer MW-2001-150, Contract 2001-01; 2002-2004 Street Lighting Servicing Contract; City Wide. MW-2001-151, Award of Contract2001-15; Supply of Services for the Snowplowing of Parking Lots. MW-2001-152, Sewer Cash Diverted to Casino. R-2001-49, Landscape Development of the Kalar Road Community Sports Park - Phase 1; "Home For Girls Soccer". RATIFICATION OF COMMITTEE-OF-THE-WHOLE ACTIONS BY-LAWS The Acting City Clerk will advise of any additional by-laws or amendments to the by- laws listed for Council consideration, 2001-234 To authorize an application to The Regional Municipality of Niagara for the issuance of debentures for The Corporation of the City of Niagara Falls with respect to the acquisition of a certain rail line in the City of Niagara Falls. 2001-235 To authorize temporary borrowing to meet expenditures made by The Corporation of the City of Niagara Falls in connection with the acquisition of a certain rail line in the City of Niagara Falls, 2001-236 2001-237 2001-238 2001-239 2001-240 2001-241 -3- To authorize the execution of an agreement with Ground Aerial Maintenance Services Ltd., for the 2002-2004 Streetlight Servicing. To authorize the execution of an agreement with LaRosa & Carrie Enterprises Ltd., carrying on business as Dominion Paving Company for the supply of services for the snowplowing of Parking Lots in Area 1. To authorize the execution of an agreement with Ken Warden Construction Ltd., for the supply of services for the snowplowing of Parking Lots in Area 2. To authorize the execution of an agreement with Sommerville Landscaping Incorporated for the supply of services for the snowplowing of Parking Lots in Area 3. To authorize the execution of an agreement with Stevensville Lawn Service Inc., respecting the landscape development of the Kalar Road Community Sports Park - Phase 1 - "Home for Girls Soccer". To authorize monies for General Purposes (November 5, 2001) NEW BUSINESS Ontedo The Niagara Parks Bdan E; Morret~ John A.M. Kemahan E-Mail: npinf(~iagaraparks.com Web Site: http~/vwvw.niagaraparks.com Telephene 905/356-2241 Fax 905/354-6041 October 26, 2001 Mr, Woody Wagg, City Clerk City of Niagara Falh 4310 Queen Street Niagara'Fali~, ON L2E 6X5 Re: Fol!s Fu-eworks - Winter Festival of Lights Bvent Dear Mr. Wagg: The Niagara Parks Commission and sponsors request permission to carry out fireworks disphys on behalf of the Winter Festival of Lights Event. The fireworks will be hunched in the Niagara Oorge between tbe Maid of the Mist Steamship Company and the Ontario Power Station. Approvals have been received from the Niagara Falls Fire Protection and Safety Departn~nt, Maid of the Mist, Ontario Power Oeneration and the Niagara Falls Illumination Board. The display dates and times are aa follows: 3 minute disphy 3 minute disphy 2 minute display 3 minute display 2 minute display 3 minute display Saturday, November 17 IAiday, November 23 Wednesday, December 26 Monday, December 31 Saturday, January 19,2002 at 5:25 p.m. at approximately 9;.00 p.m. at approximately 9:15 p.m. at approximately 9:00 p.m. midnight at approximately 9:00 p.m. Thc City of Niagara Falls is listed as co-insured with liabih'ty coverage for $5,000,000.00. A Certificate of Ins~ is attached for the opening on November 17 and proof of insurance for the additional dates will be sent within the next 7 days directly to you by David Whysall, Specialty Pyrotechnics 2000. Thank you for' your assistance. Murray Mold Senior Director Marketing & Business Development Attach, Community Services Department The City of Niagara Falls Canada Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on .ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: fhiggins~city.niagarafalls.on .ca Ed Dujlovlc, P. Eng. Director MW-2001-150 File 2001-01 November 5, 2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls Members: Re: MW-2001-150 Contract 2001-01 2002-2004 Street Light Servicing Contract City Wide RECOMMENDATION: It is recommended that the unit prices submitted by the low tenderer, Ground Aerial Maintenance Services Ltd., be accepted and the by-law be passed. BACKGROUND: The Tender Opening Committee, in the presence of the Secretary to the City Clerk, Lyune Wilson, opened tenders on Tuesday, October 23, 2001 at 1:30 p. m. for the above noted contract. Tender documents were delivered to the four (4) Pre-Qualified Contractors and two (2) bids were received. Listed below is a summary of the totalled tendered prices received from the two (2) Contractors, as well as, the list of the four (4) pre-qualified Contractors. 1. Ground Aerial Maintenance Services Ltd. (GAMS) ( Niagara Falls ) $250,366.15. 2. Black & McDonald Ltd. (Scarborough) $639,590.36 3. Landley Utilities Contracting (Bowmanville) no bid 4. Cyril B. Smith Electric Ltd. (Vineland) no bid It should be noted that a third tender submission was brought in by Landley Utilities Contracting Ltd., but had arrived after the closing time. It was not accepted. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development 2001-11-05 2 MW-2001-150 The lowest tender was received from Ground Aerial Services Ltd. in the mount of $250,366.15. It should be noted that the price is per year and is adjusted on a yearly basis using the Consumer Price Index. This Contractor has previously carried out this project for the City in a satisfactory manner. We are therefore, of the opinion, that this Contractor is capable of successfully undertaking this project. Financing: The Engineer's estimate for this contract was $275,000.00, which includes GST. Project Costs: Awarded Contract $250,366.15 Funding: Current Budget TOTAL $250,366.15 $250,000.00 TOTAL $250,000.00 This projectisscheduledto commence on January l, 2002witha completion date of Febmary 29,2004. Council's concurrence withtherecommendationmadewould be appreciated. Prepared/~y: gg , .E.T. Manager of Projects Ed Dujlovic, P. Eng. Director of Municipal Works Approved by: ~ John MacDonald Executive Director of Community Services Respectfully Submittgd by: Edward P. Lustig ~} Chief Administrativo Officer The City of ~llt, .iogoro Foils Ilk Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www.city.niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 E-mail: m unwks@city.niagarafalls.on.ca Ed Dujlovic, P. Eng. Director MW-2001 - 151 File G-180-01 November 5, 2001 His Worship Mayor Wayne Thomson, and Members of the Municipal Council City of Niagara Falls, Ontario Members: RE: MW-2001-151 Award of Contract 2001-15 Supply of Services for the Snowplowing of Parking Lots RECOMMENDATIONS: It is recommended that: 1) Dominion Paving Company be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 1; 2) Ken Warden be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 2; 3) Somerville Landscaping be awarded the contract for the supply of services for snowplowing of parking lots designated in Area 3; and, 4) the by-law appearing on tonight's Council Agenda be given the necessary readings to · authorize the execution of the tender for the supply of services for snowplowing of parking lots in Area 1, Area 2, and Area 3. B._ACKGR_OUND: The Tender Opening Committee, opened tenders on Thursday October 25,2001 for the above noted contract. Four (4) bids were received for Area 1, three (3) bids were received for Area 2 and five (5) bids were received for Area 3. All of the bids were submitted by local firms. Shown below is a summary of the tendered rates for the parking lots in each of the three designated areas. Also included is the hourly rate for piling/hauling away snow and a separate rate specific to perform entrance clearing only. November 5, 2001 -2- MW-2001-151 AREA 1 - Contractor Dominion Paving Ken Warden Construction Mont§omery Brothers Niagara Commercial AREA 2 - Contractor Ken Warden Construction Montgomery Brothers Niagara Commercial Snowplowing cost for all lots each snowfall $675.00 644.00 825.00 1790.00 Snowplowing cost for all lots each snowfall $1230.00 1310.00 2575.00 Hour~ ra~for hauling $ 87.00 perhour 95.00 perhour 95.00 per hour 90.00 per hour Hourly rate for hauling Hourly rate for entrance clearing $ 45.00 45.00 45.00 45.00 Hourly rate for entrance clearing 95.00 per hour $ 45.00 95.00 per hour 45.00 85.00 per hour 40.00 AREA 3 - Contractor Snowplowing cost for all lots each snowfall Hourly rate for hauling Hourly rate for entrance clearing Fairchild Concrete $ 500.00 Ken Warden Construction 640.00 Montgomery Bros. 700.00 Niagara Commercial 1440.00 Somerville Landscaping 475.00 $90.00 per hour $45.00 95.00 per hour 45.00 95.00 per hour 45.00 80.00 per hour 40.00 85.00 per hour 35.00 It is estimated that the contractors will be required to plow the lots 25 times this winter season. Also, the predicted snowhauling for each area is as follows; Area 1- 15 times, Area 2 - 10 times and Area 3 - 5 times. Each snowhauling period is estimated to consist of a 10 hour duration and will require a minimum of 2 vehicles to perform the operation. Entrance clearing is estimated to be required 5 times in each area. Given the aforementioned predictions the total snowplowing, snowhauling and entrance clearing costs for the season are as follows: Area 1 Area 2 Ken Warden Construction Montgomery Brothers Niagara Commercial 30,575.00 Montgomery Bros. 42,475.00 35,100.00 Niagara Commercial 73,075.00 58,475.00 Area 3 Fairchild Concrete Ken Warden Construction Montgomery Bros. $ 17,225.00 20,975.00 22,475.00 ~0,200.00 November 5,2001 -3 - MW,2001-151 Based on the rates received and the estimated number of times that snowplowing/snowhauling and clearing operations will be required, the bid submitted by Dominion Paving for Area 1, the bid submitted by Ken Warden Construction for Area 2 and Somerville Landscaping for Area 3 are low bids. Dominion Paving and Ken Warden Construction have previously carded out snowplowing operations for the City of Niagara Falls. Although Somerville Landscaping has not previously performed snowplowing services for the city, the contractor has the appropriate equipment and has satisfactorily carried out work for private parking lot owners within the City of Niagara Falls. The total contract value for the snowplowing season is estimated to be $86,925.00 excluding taxes. Therefore, based on the tendered prices staff is recommending that the tenders be awarded to the low bidders. Councils concurrence with the recommendations outlined in this report would be appreciated. Prepared by: Karl Dren, C.E.T. Traffic & Parking Services Manager Respectfully Submitted by: Edward P. Lustig, ' ,/ Chief Administrative Office~ Director of Municipal Works Approved by: John MacDonald, Executive Director of Community Services M.Carriek S:\T RAFFIC~Snowptowing Salting~Plowing Tender\TENDER\0102kMW 2001-151 .wpd Niagara Falls Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E 6X5 web site: www. city.niagarafalls.on.ca Tel: (905) 356-752'1 Fax: (905) 356-2354 Ed Dujlovic, P. Eng. Director MW-2001-152 November 5,2001 His Worship Mayor Wayne Thomson and Members of the Municipal Council City of Niagara Falls, Ontario Members: Re: MW-2001-152 Sewer Cash Diverted to Casino RECOMMENDATION: It is recommended that this report be received and filed. BACKGROUND: In response to the article that appeared in the Niagara Falls Review on Wednesday, October 31,2001 the following information is being provided to clarify how the 2001 Capital Budget was developed and eventually approved by Council. As Council may recall the Capital Budget for 2001 was presented as Schedule A, B and C. Schedule A, consisted of projects that the City was required to undertake as per the agreement signed with the Province with respect to the Casino, projects that had already been approved by Council and works that needed to be carded out in conjunction with projects being undertaken by other levels of government such as the Region and the Province. Schedule B, consisted of high priority projects such as new sidewalk construction and the weeping tile disconnect program and projects that were requested by Council to be included in the Capital Works Program. These projects included Portage Road from Marineland Parkway to Chippawa, Dorchester Road from Morrison Street to Lundy's Lane and Drummond Road from Lundy's Lane to McLeod Road. The total value for projects that were requested by Council for consideration exceeded sixteen million dollars ($16,000,000). Schedule C, was made up of the projects that were identified in the 2000 Capital Works Program but did not make Schedule A or B. The schedule also contained a couple of projects that Council forwarded for consideration during budget discussions. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws 2001-11-05 -2 - MW-2001-152 During the budget deliberations Council decided that without significant increases to both taxes and water/sewer fees the City could only afford to carry out works that were listed on Schedules A and B. As indicated some of the projects that were listed on Schedule B were not items that had been previously committed to by the City, accordingly, the Council did have the freedom and does have the freedom to make adjustments to the proposed work program based on changing needs. As stated in the Niagara Falls Review article, there was a significant change in the Capital Works Program in 2001 when compared to the year 2000. The five-year program ballooned from thirty-five million dollars ($35,000,000) to fifty-five million dollars ($55,000,000) with the increase being a result of an additional $3.4 million dollars being required for the servicing in the area of the permanent Casino. The remaining $16.6 million dollar increase was as a result of Council' s request to deal with issues as raised by the residents throughout the City of Niagara Falls. In reviewing the five-year Capital Budget for 2001 it is noted that of the total $55.3 million dollar budget only $8.4 million dollars is attributable to servicing for the Casino and surrounding development that has taken or will take place. The majority of the Capital Works Program, almost eighty-five percent (85%), is for works such as road reconstruction and sewer separation for the benefit of the entire City. Council's concurrence with the above recommendation would be appreciated. Prepared by: Ed Dujlovic, P.Eng. Director of Municipal Works Approved by: Executive Director of Community Services Respectfully Submitted by: ~d~We~rAd P'dm~n~Sstiugative Officer J S:kREPORTSk2001 ReportshMW-2001-152- Sewer Cash Diverted to Caslno.wpd Community Services Department Parks, Recreation & Culture The City of ~'~l~, 7565 Lundy's Lane Niagara Fa,,s lj~, Niagara Falls, ON L2H 1G9 web site: www.city.niagarafalls.on.ca C cIn~ d~a~Jll~ Tel: (905) 356-7521 I - ax: ( o5)356-7.o. E-mail: akon@city.niagarafalls.on.ca Adele Ken Director R-2001-49 His Worship Mayor Wayne Thomson and Members of Municipal Council City of Niagara Falls, Ontario Members: November 5, 2001 Re: R-2001-49 - Landscape Development Of The Kalar Road Community Sports Park - Phase l "Home For Girls Soccer" RECOMMENDATION: It is recommended: 1. That the Tender TR9-2001 for the Landscape Development of the Kalar Road Community Sports Park - Phase 1 "Home For Girls Soccer" be awarded to Stevensville Lawn Service Inc. of Stevensville, Ontario at the tendered cost of $164,951.20, and further; 2. That the By-law appearing later this evening on the Council agenda authorizing an agreement with Stevensville Lawn Service Inc. be approved. BACKGROUND: Tenders were picked up by various bidders and four bid proposals were received by the Clerk's Department. The Tender Opening occurred in the presence of the Manager of Supply & Services on Thursday, October 25, 2001. The results of the bid process is presented as follows: Contractor 1. Stevensville Lawn Service 2. Fine Grade Construction 3. Touchstone Site Contractors 4. Peninsula Fence & Landsc. Stevensville Niagara Falls St. Catharines Thorold Tender Bid Price (including taxes) $164, 951.20 $169,611.05 $194,386.90 $ 208,912.60 Working Together to Serve Our Communi(v Municipal Works Fire Se~ices Parks, Recreation & Culture Business Development -2- Financing: Funding for this work is available in the following accounts: Account Name Dollar Amount Contribution To Capital Development Charges (56%) Park Development Reserve Funds $ 15,000.00 (G-037-3015-3600) $ 92,372.67 $ 57,578.53 Total $164,951.20 Phase 1 of this contract involves the construction of two (2) senior soccer pitches on the City owned land immediately north of Kate S. Durdan Public School on Kalar Road. This contract includes grading operations, storm water management systems, an automatic irrigation system, seeding and landscaping. Niagara Falls Girls Soccer is a partner in this "Home For Girls Soccer" Project and have agreed to provide funds toward the acquisition of the abutting property at this site, in order to further develop future soccer facilities. The Committee's approval of the above would be appreciated. ~'~Rec°nun~ Director of Parks, Recreation & Culture Approved by: John MacDonald Executive Director of Community Services AK/das Respectfully Submitted: Edward P. Lustig Chief Administrative Officer S:\Council\Counci12001 \R-2001-49.trgkalar.wpd