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2011/05/16 COMMITTEE OF THE WHOLE AGENDA SEVENTH MEETING Monday, May 16, 2011 4:30 p.m. City Hall, Committee Room #2A & B 1) Approval of the April 18, 2011 Committee of the Whole minutes. 2) REPORTS: STAFF CONTACT: a) MW- 2011 -19 Agent Orange Investigation Geoff Holman b) MW- 2011 -23 Asphalt Patching Contract - City Wide Geoff Holman 3) NEW BUSINESS: 4) ADJOURNMENT: IN- CAMERA SESSION a) Resolution to go into Closed Meeting. MINUTES OF COMMITTEE OF THE WHOLE Monday, April 18, 2011 Committee Room 2, 5:00 P.M. All members of Council were present. Councillor loannoni chaired the meeting. 1) MINUTES: a) MOVED on the motion of Councillor Thomson, seconded by Councillor Mayes that the minutes of the April 4, 2011 Committee of the Whole meeting be approved. Motion: Carried Action: Recommendation submitted to Council April 18, 2011. Councillor Pietrangelo arrived. 2) REPORTS: a) CD- 2011 -05 BIA Guidelines Dragan Racic, 4738 Queen Street, indicated that the controversy surrounding the last Downtown BIA election had actually resulted in some positive changes and there seems to be a renewed effort of the businesses to work together. He was supportive of a new election. Sal DiPietro, 6406 Emma Street, owner of several properties in the Downtown area, indicated that it was time for Historic Niagara to take a back seat in BIA matters. The businesses appreciate the development by Historic Niagara but the BIA should be more cooperative. Fran Berry, Lundy's Lane BIA, provided clarification on their BIA election. She indicated she would be meeting with the outgoing Board to get input on the selection of the 14' member, which had been a four -way tie at the general membership meeting. MOVED on the motion of Mayor Diodati, seconded by Councillor Morocco that the following be approved: That Committee direct Council to: 1. Endorse the guidelines and that they be distributed to Boards of the City's Business Improvement Areas (BIA's); and 2. Endorse petitioning the Province for clarification on the BIA section of the Municipal Act regarding associated companies casting multiple votes at a BIA general meeting; and 3. Direct the Downtown BIA to hold another general membership meeting; and 4. Approve the Lundy's Lane BIA budget and Board of Directors, as submitted, with the new Board taking power after the decision on the 14 Board member; -2- Motion: Carried Opposed: Councillor Wing Action: Recommendation submitted to Council April 18, 2011 MOVED on the motion of Mayor Diodati, seconded by Councillor Pietrangelo that 5. Direct staff to work with the Fallsview BIA to implement changes to their constitution approved at their recent general membership meeting. Motion: Carried Conflict: Councillors loannoni, Kerrio, Thomson and Wing Action: Recommendation submitted to Council April 18, 2011 b) MW- 2011 -08 Downtown Revitalization Project - Phase 2 - Streetscape Queen Street - St. Lawrence Avenue to Erie Avenue. Tender Results MOVED on the motion of Councillor Thomson, seconded by Councillor Kerrio that the following be approved: 1. The contract be awarded to the lowest bidder Al Asphalt Maintenance Ltd. at the tendered price of $ 989,819.53. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. Motion: Carried Action: Recommendation submitted to Council April 18, 2011 4) ADJOURNMENT: MOVED on the motion of Councillor Mayes, seconded by Councillor Thomson that the meeting be adjourned at 6:25 p.m. Motion: Carried MW- 2011 -19 Niagaraaa1IS May 16, 2011 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works SUBJECT: MW- 2011 -19 Agent Orange Investigation RECOMMENDATION That this report be received and filed. EXECUTIVE SUMMARY City staff at the request of Council conducted a thorough investigation of the possible use of the chemical 'Agent Orange', which is an equal part's mixture of two herbicides known as 2,4 -D and 2,4,5 -T, by the City of Niagara Falls. Based on the research and documentation staff has found no evidence that the chemical 'Agent Orange' has been applied by the City of Niagara Falls. BACKGROUND At the March 21, 2011 Council meeting the following motion was made; "that staff investigate the use of Agent Orange in Niagara Falls." Staff in an effort to provide a validated answer to the questions regarding the City of Niagara Falls use of Agent Orange undertook a thorough examination of past practices and records regarding the use of herbicides. This examination involved the researching of documents dating from the present back to the 1950's. Thousands of pages of documents were read through looking for past weed control activities. As part of the examination former staff with knowledge of the corporations weed control programs were contacted. These staff included Vito Scaringi who was the City's Weed inspector from 1973 to 1986 and John Nimes former Parks supervisor from 1994 to 2003. These staff held positions that oversaw weed control programs and had the ability to direct what, where and when products were used. They were able to provide valuable information and confirmation as to the use of herbicides during their tenure with the City of Niagara Falls. It should be noted that companies contracted to perform weed control services were held to the product specifications as outlined in the request for proposals. The following information is a decade by decade chronology of this examination. May 16, 2011 - MW- 2011 -19 Present day to 2007 Commencing in 2007 City staff began the use of environmentally acceptable products for broadleaf weed control. These include organic and biological products. In the time period of 2000 to 2007 staff oversaw the use of the approved product of the time which was 2,4- D. The exception to this is the spraying of Poison Ivy. This has been and continues to be controlled with Roundup. The toxicity and adverse effect of this plant to humans makes this control necessary. 2007 to 1990 During this time frame all broadleaf weed control was performed using the approved product of the time 2,4 -D. This information was corroborated by internal documents, the companies providing this service, the company supplying the product and former City staff who oversaw this program. 1990 to 1980 During this time frame all broadleaf weed control was performed using the approved product of the time 2,4 -D. This information was corroborated by internal documents, the companies providing this service, the company supplying the product and staff who oversaw this program. 1980 to 1973 During this time frame all broadleaf weed control was performed using the approved product of the time 2,4 -D. This has been corroborated by staff who oversaw this program. Mr. Scaringi who oversaw this program as the City's weed inspector has confirmed that the herbicide directed to be used for weed control was 2,4 -D. Prior to Mr. Scaringi becoming the weed inspector solely for the City of Niagara Falls there were other weed inspectors who acted in a Regional capacity. It was in 1973 that cities were expected to take over this responsibility internally. 1973 to 1963 During this time frame staff relied solely on information that has been archived in our Laserfiche program. This program has thousands of pages of reports, by -laws and activities on file. The process involved finding documents that had any information regarding weed control or spraying. The search was refined to specific products (2,4,5 -T and 2,4 -D) within various documentation. All documentation reviewed confirmed that the herbicide 2,4 -D was used for broadleaf weed control by the City of Niagara Falls during this time frame. 1963 to 1958 During this time frame staff has been unable to find any information regarding the use of weed control products preceding 1958. Prior to 1963 the City had not yet amalgamated with Stamford Township. It is during this time period that staff found a particular situation involving the chemical 2,4,5 -T. It is this chemical that has raised concerns regarding its by- product dioxin. May 16, 2011 -3- MW- 2011 -19 The 1961 Engineers Report that documented the use of this chemical was initiated by the Township Engineer at the time Mr. C.H. Eidt. The report and subsequent documents (attached) are requesting information regarding the costs associated with weed control activities performed on a proposed subdivision site. The site in question was registered plan # 226 (see attached). Mr. Edit was questioning the reason and cost for chemical control vs. mechanical control (cutting). The report states that chemical was chosen over cutting due to the iron bars and wooden stakes that had been installed marking the subdivision Tots making cutting cost prohibitive. Further documentation questioned the result of the spraying after the site was inspected weeks later, it was obvious that some spraying had taken place however the site was still green and weeds still alive. It is in this report dated November 2, 1961 that the chairman of committee # 4 (councillor Corfield ) addressed the contractor who performed this work. The contractor when confronted claims that he applied a number of chemicals to this site including 2,4,5 -T. The contractor is asked to guarantee the results by signing a document but refuses. The contractor also claims to have applied two (2) other chemicals Amitrol 90 a herbicide made by Cyanamid of Canada and Novan. Staff has been able to confirm the product Amitrol, however has not been able to find a product called Novan. After sourcing various resources including the University of Guelph, internet searches and local suppliers staff has been be unable to find information on this product or similar spelled products that may have been used in Canada in the 1960's. The 1961 Engineers Report does not clearly state the timing or application rates. It is clear that the chemical applied and results achieved is not consistent with the results that would have been achieved had Agent Orange been used. Although this site shows the application of 2,4,5 -T it does not show it being mixed with equal parts of 2,4 -D or any other chemical, therefore it should not be considered as an application of Agent Orange. Based on the research and documentation staff has found no evidence that the chemical 'Agent Orange' has been applied by the City of Niagara Falls. CITY'S STRATEGIC COMMITMENT This is consistent with Council's strategic priority to create a healthy and safe community. LIST OF ATTACHMENTS 1. Page 189 of 583 Engineers Report (1961) 2. Correspondence dated October 1961 to November 24, 1961 (4 pages) 3. Registered Plan #226 4. Letter to Public Agencies requesting information. i Recommended by: Geoff Holman, Dir ctor of M 1 icipal Works Respectfully submitted: Ken Tod., Chief Administrative Officer J. Morocco • Minutes of the meeting of C ,miaitt:.E .lo. 4 h.;7 .i t 3:30 P.M. at the Townshie Enkineer's ()Moe on the Present; Chairman, Councillor S. Corfield, Councillor G. Sexsmith Engineer C.H.Eidt, Secretary E. Lawrysyn. G. Sexsmith S. Corfield 'That the minutes of the meet a4 held on the 1st November 1931 and on the 31st 0et. 1961 be adopted as printed ". Carried. The Building Inspeetor then advised the ClObaittee that our Planner is busy working on the Sign By -Law and that this would be available for Committee study in the near fattmlY The Committee also considered a letter from eur Solicitor in respect to passing a By Law for trampoline ceh'es. It was decided to discuss this matter at a special meeting at a later date. The Committee then studies: a report from Warnock Hersey Co. Ltd. re a concrete test on concrete poured by Thomas Construction for the replacement of a sidewalk driveway at the New Way Market on Dunn St. It was quite obVieus that there was no air entrainment in this concrete, and as a result the En,;.i:necr edvised that it was most probable that this concrete would spall -c during the second winter. S. Corfield G. Sexsmith "That in future all eQnerete work done on Township sidewalks and curbs be performed by the Township sidewalk contractor only, and that building con - tractors be not permitted to pour this type of concrete ". Carried. G. Sexsmith S. Corfield "That we write to the County of Welland and ask th :, to consider the widening of the bridge across the H.E.P.C. Canal on McLeod Rd." Carried. The Chairman then reported that he had met with the Engineer, the Weed Inspector and Mr. Earl Murchie in respect to the weed spraying of Reg. Plan 22G. Mr. Murchie advised that he had sprayed 75 acres of weeds on this subdivision about the 20th Sept. 1961 and that he had used a long term weed killer called "Amit$`ol 90" as manufactured by the Cyanamid Co. of Canada. He also advised that he had also applied 245T and Novan to these weeds. In examining them in the field, it was obvious that a weed killer had been used on the weeds, but many of them were still green and appeared to be alive. Mr. Murchie advised that because of the lonm term nature of the kill, all these we and their seeds would be dead by Spring and that he would guarantee 1. 70% kill. When the Chairman asi >ed Mr. Murchie if he would give this in writing, Mr. Murchie refused but did indicate that,if necessary, he would touch this area up in the Spring. The Township unfortunately has never used this type of weed killer but has been using "Alticidr • • • -2 _ which has been very effective and gives a very different result from that observed within :Reg. Plan 22. It was the fecling of the Committee that Mr. MUrchie should be ready to guarantee his work in writing, and also agree in writing to touehiag up the subdivision in the Spring as advised verbally. The Committee then considered a letter from Mr. Solose, in respect to the intersection at Oakes Dr., Portage Rd. and Buchanan Ave. The decision of the Committee was that they would deal with this matter in the field on Saturday. S. Corfield G. Sexsmith "That Committee No. 4 recommend that one member of theCommittee and the Field Supervisor attend the Water Quality Management Conference in Toronto on Novo 21 and 22nd, 1963::." Carried. The Engineer then reported on a proposed road program for the Road Committee meeting on Saturday Nov. 4, 191 and this report was accepted by the Committee. The Planning Board has requested the Engineering Dept. to make a drainage study for!Township lot 176, due to the fact that they have a proposal for the construction of a motel within this Town- ship lot at the present time. The Engineer adifised that drainage in this area would be.diff,i cult and it would noes be boo satisfactory to put extra drai.aage water into the combined sewer whieh crosses this property. It was his feeling that it could be preferable to use the established ditch system along the M.C.R.R. railway tracks to the H.E.P.C.. Canal. However, he Advise &that it would be necessary to deepen this ditch in some plaees and to improve the ditches running south from Township lot 176. The Committee authorized the Engineer to proceed with obtaining profiles in this area,in order to make a more definite study of the problem. G. Sexsmith S. Corfield 'Thal, the Engineer write to the D.H.O. • to ask then for a study of the intersection at the Q.E.W. and Stanley Avenue and at the Q.E.W. and Drummond Rd., particularly to the possibility of establish - ing'right turn lanes at these intersections ". Carried. Mr. Bradley that made a comprehensive report to the Committee 00 fallout shelters,!which was diseussed at the meeting of the O12tario Builders' Conference in Hamilton. He advised that he felt that all fallout shelters should' be covered by an issued permit. Ha also advised the CommittL, that he had a request to convert a house at 2592 Lundy's Lane: into a medical centre for two doctors. However, the set back of this house was only 35' whereas the. By -Laid requirement was for a 75' set back. It was the feeling of the Committee that everything possible should be done to maintain the 75' set back on the South side of Lundy's Lane, in order to protect existing commercial establishments. • • -a- Mr. Bradley also advised that he had a request for the con- version of a house on the north side of Lundy's Lone to a beauty parlor and apparently the set backs are adequate. He felt it was desirable to issue such a permit and the Committee concurred. G. Sexsmith S. Corfield "That this meeting be adjourned and the next meeting of the Committee be held an the 15th Nov. 1951 at 3:30 P.M." Carried. cc: Reeve E.E.Mitchelson Councillor S. Corfield G. Sexsmith ti W. Scott F.S. C.D. Building Inspector File (2) yFF • • A. C HUGGINS, CLERK TELEPHONE ELGIN 4 - 3861 `.��. ,vt`f^ R. W. DAWE. TREASURER Ir --' TELEPHONE ELGIN 4.3583 i B. R. PRIOR, AsscssOR �` �` �(�, �I.f� +��)�� TELEPHONE ELcIn 4.3884 ���b�. %���� 1 C. H. EMT, ENafnE :R ?'! {e Corporation o{ TELEPHONE ELoIN 4.3584 m•T� THE TOWNSHIP OF STAFFORD TOWNSHIP T STREET T F 1810 FERRY STRE NIAGARA FALLS, ONTARIO October 2nd, 1961. Mr. R. I. Prior, Township Weed Inspector, 749 Dorchester Road N. Niagara Falls, Ontario. Dear Sir: At a finance meeting of Committee No. 2 held Septedber 29th, the account of Earl Murchie in the amount of $2,250.00 for weed spraying of the former Weaver property now registered as Plan 226, was received. The account was tabled until such time as reports con- cerning the weed problem on this property have been received from the Weed Inspector ard the rugineer. The Committee is particularly concerned about the cost for spraying weeds on this property. It would therefore be appreciated if you would let us have a complete report on this matter at the earliest possible date and indicate therein the costs of having the weeds cut on the property involved as opposed to the cost incurred for weed spraying. Would you also advise in the report the enact steps you took prior to ordering the weed spraying operations. "Y s very truly, ACU:re A. C. ins, c.c. C.H.Eidt. township Cleric. ve • I A. C. HUGGINS, CLERE TELEPHONE ELGIN 4 - 3861 i R. W. DAWE, TREASURER at. TELEPHONE ELGIN 4.3863 ' B. R. PRIOR, ASSESSOR `� �,„ •, ►j TELEPHONE ELGIN 4 -3884 The Corporation of C. H. E1DT, ENGINEER i;of TIC; TELEPHONE ELGIN 4 -3064 THE TOWNSHIP OF STAMFORD TOWNSHIP HALL 1810 FERRY STREET NIAGARA FALLS, ONTARIO October<:. 2nd, 1961. i:tr. C. M. Eidt, Township Engineer, Stamford Township Hall. Dear Sir: Enclosed, herewith, is a copy of a letter we have to -day written to the Weed Inspector concerning the cost of spraying weeds in ^ e g . Flan. 226. Committee No. 2 is concerned about the cost incurred for this service and would appreciate a report from you indicating what your estimate would be to have weeds cut or sprayed in this subdivision. It is understood that the Weed Inspector requested prices from several tractor operators to have the weeds cut, but in all cases, the costs were going to be prohibitive because of going around iron and wood stakes which have been planted at the corners of all the lots. Prom what he has told the writer, any person willing to proceed with cutting the weeds indicated a price greater than the spraying operation, because of the hazard :involved with the iron and wooden stakes. Your estimate of what it would cost to have the weeds cut on the property referred to, would be appreciated. ,dour very truly, i 1 \; 1)1 )1.fnM ACH : re A. C. Huggins, Township Clerk. /G 4_, / xi /7s^ A' A G E N D A • Committee No. 4 - 3:30 F.M. 1st Nov. 1961 Township Engineers Office X Consideration of the minutes of the meetings of the 18th Oct.1961 and 31st Oct. 1961. 2/ Consideration of purchase orders and accounts. �� �•i, (, -- 3.: Consideration of Sign By -Law. y Consideration of proposed By -Law for tra of n centres. 5': ' of Warnock. Hersey Cs. Ltd. test, 5438861 -241 -1 re concre pour for New Way Market en Dunn St. no air entrainment. 0:" Pamphlet from American Waterworks Assoc. re prices in respect to water $: '' suggestion re widening of bridge on McLeod Rd. across H.E.P.C. Canal. 1 4 / Consideration of weed spraying operation on Weaver farm. i Complaint from Mr. Marco on Portag Rd i . across from Hospital re parking of cars. "/!. -r { /f .? -- -- 7 10. New business., 1. Time and place of next meeting. 11 la Letter from Mr. Solose re intersection of Portage Rci. Buchanan Ave. • and Oakes Drive. , ' / 14. Letter re water quality management conference in Toronto Nov. 21 and 22 1 Consideration of program for road inspection on 4th Nov. 1961. 16: Consideration of changing of duties of supervisory personnel and interviewing of Mr. M. Perkins, Mr. V. Golchuk and Mr. C.Wright. 17. Consideration of request of Planning Board for drainage study Twp. lot No. 176. 18. Consideration of traffic condition at cgrnr of Q.E.W.land Stanley Ave. 19. Consideration of traffic condition at corner of Q.E.W. and Drummond Rd. r �-�- - i • !: ,/ y/744( 0' V5 • A. C. HUGGINS, CLERK TEL4rno■E ELGIN 4 -3861 R. W. DAWE, TR[AIURICR ` ,. TELEPHONIC ELoIN 4.3863 B. R. PRIOR, ASSESSOR r % �c. TEi.crnonc ELGIN 4 -3864 The Corporation of •, ` �.7 b C. H. E 1 DT, ENOINacR nI T ` .L TaiarnoNIC ELoiN 4•3864 THE TOWNSHIP OF STAMFORD TOWNSHIP HALL NIAGARA FALLS, ONTARIO 1810 FERRY STREET � 1.61. fq U V 21 �? �? Z• ' -1 t. ;: ± , O Mr. R. I. Prior, Weed Inspector, 749 Dorchester Road North, Niagara Falls, Ontario. Derr Sir: In September of this year you ordered the weeds sprayed in the above plan at a cost of #2,250.00 by Mr. Earl Murchie. Since some of the lots in this subdivision are developed and houses erected thereon, it is assuaged that the spraying of weeds was not carried out in respect to all of the 318 lots included in the plan. It is expected that we will have to charge the coat for the weed spraying to the 1962 taxes and since each of the lots are assessed separately we will have to apportion the total cost to the number of lots sprayed. Tor this reason it would be appreciated if you would advise the lot numbers in respect to any lots which were not sprayed. It is most important that this informa- tion be given correctly since it is my understanding that several of the lot. in this plan have been conveyed to private owners where houses have been erected. A copy of this letter is being supplied to the Township Engineer. If you will contact Mr. Eidt, he will assist you in supplying the information we require. s very trul , , ACH:jw • • s, Township Clerk. Lt./ / • -- /%( 226 .� ra.49, OF 5559131V191010 OF 63Glfe2321C12021 4R f UtRITIryhTE 6 AY COMA* I.M071.11/ tft t nlVf Pad M, M M b4 3 m,2•09271.o ee 0.4 O6a Ar .. .. mo n'.. r ..' PART O TWP TATS 158, 161 AND 17 n..ae.r _ ..4..,- 9. ba :_ f 9.3 .45, •.. » .r1, seO ' .aw . . - � } ., 9,93.15.9. to y . I u - .lG r '.<. •. .mlel.a,l..lam 10WS.ISMIP OF y rAUFORV .9.0. 3..p.6 .6 N W n.�Rn wWr N>-•xw w....n . ,I ati•J.Iw•In Mlles n....u- COL/3172 OF WF.LLA31V �~ f � 5 � n. W WU.a A et we' O sUIY -I ='AD f3 � wt..... el.rvun c. .,e .a.a� ■ �� 9 Jw �� . ._ u .e...N . V' el ors .,y n .n .rvid�.r. � 4 " �,e+ v �ma r 2n c.a w ryyf.a R 6LAKE ERWIM O.LS. N I. .. °.e..e.. d � r. S... .w r r3 e.A .n .w.e e... m doh r. s --. Aff10IN3f f ! Iy .A w Year mnon.Y Wv.. 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IGS li .. q < m SS3 f2.G . ,,,,,,„ <20 .a. v ; .e _ e r; r M ' x �:: ° MS § 1311 .0 UT [3c'pus 4134 p3 °132 2 13! 130 ° l4! 141 e1*1 IZG nizs 121 ar13 .144 7ta1 ITG 1l9 gue g _ .. -.. _ A so w'F f4 k _ S R S :9v ?° u� •a T G• e0 , .f,. i99 Sco u �e•to i2'f. _it 3 Y, ea v' ° 59M 1 u j #Ft.'D • AVY 1-`,.. 6 119 1 .. r G � _ ._. _ ._ 1 .._ - - .__. - ?,°Y GPLCV 07 RC0926 - 2 - T -1774a Niag araFalls May 17, 2011 Name (Public Agency) Address City, Province Postal Code Dear: Subject: Historical Uses of Herbicides - City of Niagara Falls Request for Information - "Agent Orange" The Niagara Falls City Council has directed its staff to conduct an investigation into the use of herbicides on its road allowances, parks and public spaces to determine if the chemical mixture known as `'Agent Orange" has ever been utilized on municipal lands. As you are probably aware, this chemical compound, made from combination of the two herbicides 2, 4 -D and 2, 4, 5 -T , is currently the subject of a province -wide investigation. As your organization may already be responding to the provincial inquiry, City Council would respectfully request that you share any information on the use of the pesticides in our municipality. City Council's goal is to merely inform the public of what may or may not have happened in our community. We appreciate the sensitivity of this issue and want to assure you that the intent of this request is to ensure our residents are properly informed. Thanks in advance for your cooperation. Sincerely, Dean Iorfida City Clerk Attachment GH /DI /st S:AREPOR 1 S\20l 1 Reports \MW -201 1 -19 - Attachment 4 - Letter - Public Agencies - Agent Orange Investigation.wpd Clerks Department Ext 4271 Fax 905 - 356 -9083 Working Together to Serve Our Community diorfida @niagarafalls.ca 'Vk fi :, 1` ,4 PD. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 - 356 -7521 www.niagarafalls.ca Listing of Public Agencies Canadian National Rail Ontario Power Generation (OPG) Frank Binder Mary Lou Sinclair Regional Manager, Public & Government Affairs Director - Corporate Safety 1 Administration Road Ontario Power Generation P.O. Box 1000 700 University Avenue Concord, ON L4K 1B9 Toronto, ON M5G 1X6 frank.binder(aicn.ca 905 - 669 -3128 Hydro One (Hydro Electric Commission of Ontario - Ontario Hydro) Alexandre Borges Environmental Protection Officer P.O. Box 5700 1 Administration Road Markham, ON L3R 1C8 P.O. Box 1000 Concord, ON L4K 1B9 Canadian Niagara Power alexandre.borges©cn.ca Cindy McGord Region of Niagara Health, Safety and Environment Advisor 1130 Bertie Street Mr. Ken Brothers Fort Erie, ON L2A 5Y2 Commissioner of Public Works The Regional Municipality of Niagara Terry Bearss 2201 St. David's Road Facilities Maintenance P.O. Box 1042 1130 Bertie Street Thorold, ON L2V 4T7 Fort Erie, ON L2A 5Y2 Bjorn Christensen Director of Environmental Health The Regional Municipality of Niagara 2201 St. David's Road P.O. Box 1042 Thorold, ON L2V 417 Ministry of Transportation (MTO) Syd Lang General Services Coordinator Ministry of Transportation 1200 South Service Road P.O. Box 10250 Winona, Ontario L8E 5R1 9085 - 643 -1606 syd.lang ©ontario.ca Niagara Falls Hydro (NPE) Dan Sebert, C.E.T. VP Operations 7447 Pin Oak Drive P.O. Box 120 Niagara Falls, ON L2E 6S6 MW- 2011 -23 Niagara palls May 16, 2011 REPORT TO: Councillor Carolynn loannoni, Chair and Members of the Committee of the Whole City of Niagara Falls, Ontario SUBMITTED BY: Municipal Works Department SUBJECT: MW- 2011 -23 2011 Asphalt Patching Contract - City Wide Contract #2011 -04 RECOMMENDATION 1. The contract be awarded to Circle P. Paving at the tendered price of $ 394,995.00. 2. That the Mayor and City Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY This contract is one component of the City of Niagara Falls road maintenance program. The purpose of this program is to provide permanent restoration to the road subbase and top asphalt that have been disturbed or settled through emergency infrastructure repairs. Proper restoration of these areas provides a better driving surface and extends the service life of the roadway. This activity requires specialized equipment (milling machine, asphalt paver) which is not feasible for the City to own or rent. This tender is for a one year term with an option to extend to 2012 and 2013 upon mutual agreement. The recommendation is to award the contract to the second lowest bidder based on the disqualification of the low bidder due to an incomplete tender. BACKGROUND The tender opening committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders on Tuesday May 3, 2011 at 1:30 p.m. for the above noted contract. Tender documents were picked up by five (5) contractors and four (4) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the contractors. 1. Al Asphalt Maintenance Burlington $ 394,728.10 2. Circle P. Paving Stevensville $ 394,995.00 2. Economy Paving Niagara Falls $ 413,500.00 4. Rankin Construction St. Catharines $ 442,290.00 May 16, 2011 -2- MW- 2011 -23 ANALYSIS AND RATIONALE The lowest tender was received from Al Asphalt Maintenance in the amount of $394,728.10. This firm has the capability to complete the tendered work however during staffs bid analysis it was determined that two discrepancies were identified. These errors might be considered to be minor in error as they did not affect the overall tendered price however in order to protect the integrity of the public tender process it is important that the award of the tender be based on the strict interpretation of the wording. Attached is a copy of the bid analysis recommendation dated May 3, 2011. The next lowest complete tender was received from Circle P. Paving in the amount of $394, 995.00. This contractor has previously performed similar types of projects for the City. We are of the opinion, that this contractor is capable of completing the project within the timelines and specifications identified in the contract tender. The engineer's estimate for this contract was $ 435,000.00 however the unit prices are subject to adjustment to the price of asphaltic cement on a monthly basis which is quite volatile at the moment. As a result, staff will be directed to spend up to the budgeted amount for this program. FINANCIAL IMPLICATIONS The funding for this project is budgeted in the General Purposes and Municipal Utility budgets. As the budgets are not approved as of yet, the award of this contract requires Council to pre- approve spending from these budgets. The specific funding from each budget is shown below. 2011 Paved Surface Asphalt Patching $ 330,200.00 (Account No. 11 -3- 311000 - 040000) System Maintenance Waterworks $ 50,000.00 (Account No. 15 -3- 431000 - 040000) Total $ 380,200.00 This project is scheduled to commence May 24, 2011 and all work is to carry through the 2011 season. Patching will be completed up to the budgeted amount utilizing the unit cost in the contract. CITY'S STRATEGIC COMMITMENT Implementation of this Contract meets the intent of Council's Strategic Priorities to work towards infrastructure sustainability. May 16, 2011 -3- MW- 2011 -23 LIST OF ATTACHMENTS 1. Tender Summary Analysis Memo - dated May 3, 2011 Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken T dd, Chief Administrative Officer G. Holman S: \REPORTS\2011 Reports \MW - 2011 -23 - 2011 Asphalt Patching Contract City Wide.wpd ' City of Niagara Falls Municipal Works Inter - Department Memorandum Niagarapa11S TO: Geoff Holman, C.E.T. DATE: May 3, 2011 Director of Municipal Works FROM: Chris Anders, P.Eng. Project Manager Ext. 6206 RE: 2011 Asphalt Patching City Wide Our File: 2011 -04 On May 3, 201 1, the Tender opening committee, in the presence of the City Clerk, Mr. Dean Iorfida, opened tenders for the above noted contract. Tender documents were picked up by five (5) contractors and four (4) bids were received. Listed below is a summary of the totalled tendered prices, excluding HST, received from the contractors: 1. Al Asphalt Maintenance Burlington $ 394,728.10 2. Circle P. Paving Stevensville $ 394,995.00 3. Economy Paving Niagara Falls $ 413,500.00 4. Rankin Construction St. Catharines S 442,290.00 The lowest tender was received by Al Asphalt Maintenance in the amount of $394,728.10. After the tender was closed a tender summary review was done to verify the submitted prices. During this review two (2) discrepancies were noted with Al Asphalt Maintenance's bid. The first discrepancy was with the unit prices bid for Item B14. This itein consists of six (6) subsections a) through f). A 1 Asphalt Maintenance only submitted 5 unit prices for this item. Upon review of the total tender amount it was found that the submitted price was $394,728.10 and the total of the unit prices in the tender review was $390,232.10. This means that $4,496.00 was included in the bid price, but not accounted for with a unit price. I assumed that the missing unit price was for Item 1314f) Supply and placement of RAP with a quantity of 400 m I divided the $4,496.00 by the 400 m to arrive at a unit price of $11.24, which is within the average prices received from the other bidders. The second discrepancy was with item B30a) Base Repairs up to 450 mm. Al Asphalt Maintenance had written a unit price, stroked it out and wrote a second price. This change was not initialled prior to submitting the bid. Working Together to Serve Our Community The Niagara Peninsula Standard Contract Documents, under the Instruction to Bidders section 6 Informal Tenders states: A tender shall be rejected as informal for any of the following reasons: a) Late bid. b) Incorrect tender form or envelope c) Bids completed in pencil d) Incomplete bids, including failure to include addendum e) Bids with qualifications f) Bid not signed and /or sealed g) Erasures, overwritting or strikeouts not initialled Based on clause g), the bid received from A 1 Asphalt Maintenance must be rejected as informal due to the failure to initial the change in unit price in Item B30a) prior to submitting the tender. Conclusion: Based on the error made on Item B30a) and the resulting rejection of Al Asphalt Maintenance bid, the tender shall be awarded to the second lowest bidder Circle P Paving in the amount of 5394,995.00. This with be discussed by Senior Staff at the council review meeting on Wednesday May 4, 2011. Yours very truly, Chris Anders, P.Eng. Project Manager CA T V1 Capital and Curren[ Projects', 201 I Contracts \2011 -04 Asphalt Patching \Memo to Geoff - Tunder Summary Analysis wpd ea , LaAil CITY OF! e C ANkuA NI4G4_� pp FALLS_ The City of Niagara Falls, Ontario Resolution No. Moved by Councillor Seconded by Councillor WHEREAS all meetings of Council are to be open to the public; and WHEREAS the only time a meeting or part of a meeting may be closed to the public if the subject matter falls under one of the exceptions under s. 239(2) of the Municipal Act, 2001. THEREFORE BE IT RESOLVED THAT on May 16, 2011 Niagara Falls Council will go into a closed meeting to consider a matter that falls under the subject matter of 239(2)(d) of the Municipal Act, 2001, labour relations or employee negotiations. and a matter under 239(2)(f) to receive advice subject to solicitor - client privilege and 239(2)(c)pending disposition of land. AND The Seal of the Corporation be hereto affixed. DEAN IORFIDA JAMES M. DIODATI CITY CLERK MAYOR