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04/08/2014 MW-2014-12 Niagara}?alls April 8, 2014 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW-2014-12 RFP6-2014 For the Construction Services for the Lundy's Lane Battlefield Gateway Feature RECOMMENDATION That Council direct staff to proceed with one of the following alternatives regarding the Lundy's Lane Battlefield Gateway Project. 1. RFP6-2014 be awarded to Stevensville Lawn Services Inc. at the revised bid price of$818,285 (excluding HST) and further that funding in the amount of$540,506 be approved; or 2. That RFP6-2014 be cancelled and staff be directed to re-tender the project pending an investigation into additional funding opportunities from private and public sources; or 3. That RFP6-2014 be cancelled and the entire project referred to the 2015 Capital Budget process. EXECUTIVE SUMMARY At its meeting on November 26, 2013, City Council adopted the recommendations set out in report MW-2013-60 (attachment 1) to advance the Lundy's Lane Battlefield Gateway project to the tender stage. It was noted in the report that the cost estimate for construction could potentially exceed the funding of $380,000 originally allocated in the 2013 Capital Budget. The actual bid prices received by two firms on the March 5, 2014 closing date were well in excess of$1.2 million dollars, well above the expectations of the Steering Committee, consultant and City staff. Through additional discussions with both bidders staff were able to receive revised bids without changing the scale or scope of the project. Despite this effort an additional $540,506 will be required in order to fund the contract under the terms of RFP6-2014. Accordingly, staff are presenting three alternatives for Council's consideration and direction. It should be noted that only alternative 1 allows for the project to be completed in time for the July 25, 2014 Bi-Centennial celebrations. April 8, 2014 -2 - MW-2014-12 BACKGROUND For the past year the project Steering Committee has been working on refining a design for this legacy project for the Bicentennial on July 25, 2014. This iconic feature will create a sense of arrival both locally and nationally for this historic Battlefield site as well as Lundy's Lane. The Request for Proposals for the project closed on Wednesday March 5th, 2014 at 2:00 p.m. At close seven proposals were picked-up and two submissions were received by Supply and Services in response to the Request for Proposal. Staff met with IBI Group, the City's design consultant for this project to review and evaluate the received submissions. It was clearly stated in the Request for Proposal that bid price was not the main deciding factor, but was part of the evaluation criteria that included; Price, Delivery (Project Coordination and construction works), Qualifications and Experience of the Proponent and Sub-trades, Health and Safety Standards for similar type projects, References, and Time is of the Essence(completion of project elements and total project). Listed below is a summary of the total tendered prices, excluding HST, received from the companies. Firm City Submitted Revised Proposal Bid Price(plus HST) Total Bid Price 1. Stevensville Lawn Services Inc. Stevensville ON $1,256, 989.40 $ 818,282.00 2. Merit Contractors Niagara St. Catharines ON $1,209,100.00 $1,035,000.00 The Design for the proposed Lundy's Lane Battlefield Gateway Feature encompasses a number of symbolic elements associated with the War of 1812: the Battle of Lundy's Lane, and its integration as part of this overall site: • silhouettes of soldiers in conflict, cannon, cannon balls. • the shape of the gateway feature peaks in the form of a 'hill'which symbolizes the high point of this site location • the two (2) support columns are purposely made to appear 'robust' and will have engravings on them; dates, images, recognition wording, years of peace between countries, and historical war facts. • transition into the north and south sides of the site will be small pedestrian areas for seating with the use of red geraniums as a reference to Ruth Redmond's red geraniums and her admiration for the 'boys' of the war. Staff have been working with the various stakeholders and the consultants to prepare a comprehensive Masterplan, which the Gateway Project is integral as a connective element to the south and north sites. The Masterplan document will provide staff a guide for site development and budget forecast that will be included in the Capital Budget. April 8, 2014 - 3 - MW-2014-12 ANALYSIS/RATIONALE The City's RFP process (unlike the tender process) contains provisions that allow staff to meet with bidders to clarify the terms and expectations for the deliverables. Staff have discussed the budget limitations with both bidders who submitted revised bids on March 21, 2014. After an extensive review of proposal submissions with the Design Consultant team, IBI Group, staff recommend Stevensville Lawn Services Inc. for this contract award, should the funding be made available. FINANCIAL/STAFFING/LEGAL IMPLICATIONS The project was approved in 2013 with total expenditures of $380,000. Funding for the project was provided from 2013 Operating Budget transfers and contributions from Lundy's Lane BIA and the Region. The revised tender price of $818,282 plus additional consulting work requires additional funding of $540,506. A revised budget sheet for the project is attached. The funding shortfall can be derived from a number of sources. Firstly, the funding can come from a preapproval from the 2015 Capital Budget. Secondly, the funding can be derived from a reserve fund. The only reserve available for this project is the OLG reserve. As Council is aware the first year of agreement is over and staff are expecting a final quarterly payment and reconciliation of the funds. At which time, staff will report to Council for final decision on use. Thirdly, the project proponents can attempt to obtain third party contributions for the difference. CITY'S STRATEGIC COMMITMENT The recommendations contained in this report are consistent with Council's Strategic Priorities; promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents, and, actively pursue economic development opportunities such as authentic eco and heritage tourism opportunities. LIST OF ATTACHMENTS 1. Approved Council Report MW-2013-60, November 26, 2013 2. Capital Budget Worksheet uC i Recommended by: Geoff Holman, irector of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer Geoff Holman MW-2013-60 NiagaraFalls November 26, 2013 REPORT TO: Mayor James M. Diodati and Members of the Municipal Council The recommendation(s) City of Niagara Falls, Ontario contained in this report were adopted by City Council SUBMITTED BY: Municipal Works SUBJECT: MW-2013-60 Lundy's Lane Battlefield Gateway Design Preliminary Battlefield Park Master Plan RECOMMENDATION 1. That the presentation from IBI Group on the Lundy's Lane Battlefield Gateway design be received, and further 2. That staff and the consultant be directed to work with the Lundy's Lane BIA to establish and acceptable "Welcome to Lundy's Lane" feature in addition to or in conjunction with the Gateway Project, and further 3. That staff advance the Public Tender for construction and confirm the external funding partnerships for consideration in the 2014 Capital Budget. EXECUTIVE SUMMARY For the past year the project Steering Committee has been working on refining a design for this legacy project for the Bicentennial on July 25, 2014. This iconic feature will assuredly create a sense of arrival both locally and nationally for this historic Battlefield Site as well as Lundy's Lane. The Committee recommends and approves the Gateway Feature design and desires to have it constructed and completed this Spring 2014, in time for the City's Bicentennial War commemoration ceremony. The purpose of this report is to approve the recommendation of the project Steering Committee and to direct staff to advance the next steps in the process. BACKGROUND The Battle of Lundy's Lane (also known as the Battle of Niagara Falls) took place on July 25`^, 1814 It has been declared one of the bloodiest battles of the war, and one of the deadliest battles ever fought on Canadian soil. In the fighting at the Battle of Lundy's Lane the British sustained 84 killed, 559 wounded, 193 missing, and 42 captured. American losses numbered 173 killed, 571 wounded, 38 missing, and 79 captured. In commemoration of the Bicentennial of the War of 1812, and more specific to Niagara Falls the pivotal Battle of Lundy's Lane, this Gateway Feature project has been identified as the preferred legacy project for the Bicentennial anniversary. November 26, 2013 - 2 - MW-2013-60 A committee was formed in 2012, comprised of City staff, local historians. community stakeholders, the Main and Ferry BIA, Lundy's Lane BIA, and Heritage Consultants (refer to attachment#1)to commemorate the Bicentennial War of 1812 with a legacy project, the Gateway Feature, and furthermore to develop an updated Master Plan for the Battlefield Site. The Design for the proposed Lundy's Lane Battlefield Gateway Feature encompasses a number of symbolic elements associated with the War of 1812, the Battle of Lundy's Lane, and its integration as part of this overall site: • silhouettes of soldiers in conflict, cannon, cannon balls • the shape of the gateway feature peaks in the form of a 'hill' which symbolizes the high point of this site location • the two (2) support columns are purposely made to appear 'robust' and will have engravings on them; dates, images, recognition wording, years of peace between countries, and historical war facts. • transition into the north and south sides of the site will be small pedestrian areas for seating with the use of red geraniums as a reference to Ruth Redmond's red geraniums and her admiration for the 'boys' of the war. ANALYSIS/RATIONALE After an extensive review of proposals and concepts the Steering Committee preferred to engage IBI Group to assist in the development of a unique design. Their presentation is included as Attachment #2. Although the feedback during the process has been varied we have developed a consensus on which concept to recommend to Council. The Lundy's Lane BIA have recently expressed some concerns regarding the need to emphasize the entranceway to the business district but have agreed that it needs to be done in a meaningful but respectful way. Their comments are outlined in their letter of November 13, 2013 (refer to attachment #3). FINANCIAL/STAFFING/LEGAL IMPLICATIONS At this point staff have been guided by the budget provisions approved in the 2013 Capital Works program ($300,000) however the actual cost of the preferred design may exceed this amount depending on material costs at the time of tender. Once these tender prices are known and contributions from external funding sources confirmed staff will report back to Council for their further direction. Given the need to complete this work on time for the planned celebration of the 2014 Bicentennial, pre-approval of this Capital project may be necessary. CITY'S STRATEGIC COMMITMENT The recommendations contained in this report are consistent with Council's Strategic Priorities: promote awareness and opportunities for active living by providing accessible recreational facilities and green space for Niagara Falls residents, and, actively pursue economic development opportunities such as authentic eco and heritage tourism opportunities. November 26, 2013 -3 - MW-2013-60 LIST OF ATTACHMENTS 1. Steering Committee Membership List 2. Presentation - IBI Group 3. Letter from BIA dated November 13, 2013 4. Letter from Region dated March 22, 2013 Recommended by: ---f-- 1( --- Geoff Holman, Director of Municipal Works Respectfully submitted: _ Ken To•d, Chief Administrative Officer Geoff Holman Capital Budget Worksheet 2014 Department Municipal Works Priority(1-3) Project Name Lundy's Lane Gateway Included in 10 year Project Plan(y/n) roject I.D.# New Project Description Construction of archway over Lundy's Lane to create a sense of arrival to the Lundy's Lane Battlefield War of 1812-1814 PREVIOUSLY APPROVED YEAR YEAR YEAR YEAR YEAR 2012/2013 2014 2015 2016 2017 Opening Balance-Jan 01 (surplus)/deficit - - 540,506 540,506 540,506 EXPENDITURES Engineering Fees/Design/Studies 50,000 Land/Building/Furniture/ Equipment 30,000 Construction Roads Storm Sewers Water Sanitary Sewers Sltewori/Landscaping 300,000 540,506 Contingency Other Interest Expense TOTAL EXPENDITURES 380,000 540,506 FUNDING SOURCES Special Purpose Reserves Capital Reserve 100,000 Reserve Fund Transfer from Operating 30,000 Development Charges Debentures Gas Tax Provincial/Federal Grants External Contributions 250,000 Interest Earned Other TOTAL FUNDING SOURCES 380,000 - _ _ _ Closing Balance-Dec 31 (surpluspdeficil - 540,506 540,506 540,506 540,506