AGENDA - Special Council - 20060404SPECIAL COUNCIL
AGENDA
NO.0641
TUESDAY, APRIL 4 2006
100 mm.
COUNCIL CHAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
31 /03/06
TOWN OF AURORA
SPECIAL COUNCIL
AGENDA
NO. 06-11
Tuesday, April 4, 2006
7:00 p.m.
I DECLARATIONS OF INTEREST
II APPROVAL OFAGENDA
RECOMMENDED:
THAT the content of the Agenda be approved as presented.
III MATTER FOR CONSIDERATION
IV READING OF BYLAWS
RECOMMENDED:
THAT the following listed by-law be given 1st, 2nd and 3rd
readings, and enacted:
4791-06.0 BEING A BY-LAW to Confirm (pg. B-1)
Actions by Council Resulting
From Special Meeting 06-11 on
April 4, 2006
V ADJOURNMENT
AGENDA ITEMS
1. PW06-011 — Award of Tender No. PW2006-03 - Reconstruction (pg. 1)
of Fairway Drive, Glenview Drive, Eldon Crescent
and Devlin Place
RECOMMENDED:
THAT Tender No. PW2006-03 - "Reconstruction of Fairway Drive,
Glenview Drive, Eldon Crescent and Devlin Place", be awarded to Miwel
Construction Limited at its tendered price of $878,239.43; and
THAT the variances in the roads and storm sewer portions of this project
be funded as described in Report PW06-011; and
THAT Council authorize the Mayor and Municipal Clerk to execute the
attached Form of Agreement between the Town of Aurora and Miwel
Construction Limited for the reconstruction of Fairway Drive, Glenview
Drive, Eldon Crescent and Devlin Place.
SPECIAL COUNCIL - APRIL 4, 2006
EXTRACT FROM GENERAL COMMITTEE MEETING NO. 06-06
HELD ON TUESDAY, MARCH 21, 2006 & ADOPTED AT
COUNCIL MEETING NO. 06-09, MARCH 28, 2006
12. PW06-011 - Award of Tender No. PW2006-03 - Reconstruction of Fairway
Drive, Glenview Drive, Eldon Crescent and Devlin Place
General Committee recommends:
THAT report PW06-011 be referred to the Town Solicitor to review and report
back In -Camera.
CARRIED
-1-
SPECIAL COUNCIL APRIL 4, 2006
TOWN OF AURORA
GENERAL COMMITTEE REPORT No. PW06-011
SUBJECT: Award of Tender No. P.W.2006-03 - Reconstruction of Fairway Drive,
Glenview Drive, Eldon Crescent and Devlin Place
FROM: W. H. Jackson, Director of Public Works
DATE: March 21, 2006
RECOMMENDATIONS
THAT Tender No. P.W.2006-03 - "Reconstruction of Fairway Drive, Glenview Drive,
Eldon Crescent and Devlin Place", be awarded to Miwel Construction Limited at its
tendered price of $878,239.43;
THAT the variances in the roads and storm sewer portions of this project be funded
as described in Report PW06-011; and
THAT Council authorize the Mayor and Municipal Clerk to execute the attached Form
of Agreement between the Town of Aurora and Miwel Construction Limited for the
reconstruction of Fairway Drive, Glenview Drive, Eldon Crescent and Devlin Place.
BACKGROUND
Council, at its meeting of March 29, 2005, approved the 2005 Final Operating and Capital
Fund Budgets. As part of the 2005 Capital Budget, Council approved the funding for the
reconstruction of Fairway Drive, Glenview Drive, Eldon Crescent and Devlin Place (see
Capital Budget Sheet attached as Appendix "C").
In late 2004, during the design of this project, a petition had been submitted by residents of
Fairway Drive requesting that traffic calming measures be considered for their street.
While Council approved the funding for the reconstruction project in the 2005 Capital
Budget, the actual reconstruction was deferred pending the outcome of the Traffic Calming
Study. On January 17, 2006, Council considered Report TSAB06-001 and endorsed the
following recommendations that the TSAB had made with regard to this issue:
"THAT the traffic calming request for Fairway Drive be deferred until spring 2006;
THAT staff be requested to conduct 3 speed counts on Fairway Drive in spring 2006
and the results be submitted to the TSAB;
THAT the reconstruction of Fairway Drive, Eldon Crescent, Glenview Drive and the
east end of Devlin Place proceed in 2006; and
-2-
SPECIAL COUNCIL — APRIL 4, 2006
March 21, 2006 -2 - Report No. PW06-011
THAT a letter be sent to all residents on Fairway Drive with the TSAB's
recommendations."
On December 20, 2005, Council approved the 2006 Operating and Capital Budgets.
One of the capital projects that was approved was an increase in funding forthis project
as it has been delayed from 2005 to 2006 (see Capital Budget sheet attached as
Appendix "D").
In consideration of the above, the project was tendered on January 27, 2006.
COMMENTS
1. Project Description
This project involves the reconstruction of Glenview Drive, Eldon Crescent and parts of
Fairway Drive and Devlin Place (see Appendix "A"), including the reconstruction/
replacement of road, curb and gutter, sidewalk, catchbasins, and the installation of new
streetlights. The watermain will be replaced on Glenview Drive.
All these streets are currently constructed to an urban cross-section with sidewalk, curb
and gutter and storm sewer works. The reconstructed layouts will be fundamentally the
same as the existing layouts, including the sidewalk, curb, pavement widths and locations.
2. Public Consultation
Letters were circulated to all residents and property owners on the subject streets on May
14, 2004 (copies attached as Appendix "D", "E", "F", and "G") advising residents of the
Town's intentions to reconstruct their streets and soliciting any comments the residents
may have: The feedback received from the residents indicated that they were satisfied
with the Town's reconstruction plans.
On November 23, 2004, an Open House was held (copy of invitation letter attached as
Appendix "H") to provide residents of Fairway Drive, Glenview Drive, Eldon Crescent and
Devlin Place an opportunity to review and comment on the engineering designs for this
project. The results of the open house are provided in Appendix "I".
3. Tender Process
On Friday, February 10, 2006, the Tender Opening Committee opened 13 tenders forthis
project with the following prices:
Direct Underground Inc.
$
792,423.40*
Miwell Construction Ltd.
$
878,239.43*
Trisan Construction
$
878,343.10*
NuRoad Construction Ltd.
$
881,259.54*
Kapp Contracting
$
908,555.62*
Advice Contracting
$
923,147.26*
—3—
SPECIAL COUNCIL — APRIL 4, 2006
March 21, 2006
Mar -King Construction
FCM Construction Ltd.
Four Seasons Site Developments
Aloia Brothers
Elirpa Construction
Pave -All Limited
& Materials Ltd.
-3-
Dig-Con International
* Tenders checked and mathematical errors corrected as necessary
A total of 25 companies purchased the tender documents.
Resort No. PW06-011
$ 947,633.47
$ 953,000.00
$ 999,170.20
$ 1,043,584.08
$ 1,108,834.00
$ 1,145,592.92
$ 1,235,397.58
The Tender was issued by the Town's Financial Services Department and advertised
according to the requirements of the Town's standard purchasing procedures.
4. Award of Tender
Under normal circumstances, if the tenderfrom the low bidder is correct and complete and
after acceptable reference checks, Council is asked to award the tender to the low bidder.
With respect to this tender, however, staff did not undertake reference checks because we
have had the opportunity to work with Direct Underground Inc. on a number of other road
reconstruction projects over the last 4 years (i.e. Jasper Street, Collins Crescent, Banff
Drive, Bigwin Drive, St. Andrews Court, Bell Drive, Hammond Drive and George Street).
The contractor's performance on the two most recent projects, being the reconstruction of
Banff Drive, Bigwin Drive, and St. Andrew's Court in 2004 and the 2005 reconstruction of
Bell Drive, Hammond Drive, and George Street have been of concern to staff. Of particular
concern is the time taken to complete the projects and the fact that there are outstanding
items remaining on all of these streets that should have been finalized before the end of
the 2005 construction year. Attached as Appendix "J" are a number of letters and
directives that were sent to the contractor with regard to these two projects that indicate our
concern.
In addition to the above, the number of claims for damages that have occurred on projects
undertaken by Direct Underground Inc. are disproportionately greater than for road
reconstruction projects done by other companies.
Although the claims are dealt with (or are in the process of being dealt with) by Direct
Underground Inc. the extra volume of claims means extra administrative work by Town
Staff in dealing with the claimants, insurance company(s) and Direct Underground Inc.
Also, the extended time taken to complete some of our projects has again resulted in
increased administrative and supervisory work for Town staff as well as increased time
spent in dealing with residents who are adversely impacted by the construction. Ultimately,
the Town loses the confidence of the residents in our ability to deliver a product (the
completed road) and our experience is that the longer a project continues the more
resident dissatisfaction and frustration is expressed to Town staff.
—4—
SPECIAL COUNCIL - APRIL 4, 2006
March 21, 2006 - 4 - Report No. PW06-011
Based in particular on Direct Underground Inc. inability to complete their contract in a
timely fashion during the 2005 project, staff is of the opinion that the risk to the Town of
having Tender No. PW2006-03 awarded to this particular contractor is unacceptable, and
we are therefore recommending that the project be awarded to the second lowest bidder,
Miwel Construction Limited. Our Tender documents are very clear in that:
"The Town reserves the right to accept any tender in whole or in part,
whether the price or prices be the lowest or not, and may reject any or all
tenders, and such acceptance or rejection will be made pursuant to the by-
laws and policies of the Corporation."
Further, under the Town's Purchasing By-law (No. 4621-04.F):
"The Department Head shall be responsible for monitoring the performance
of procurement Contracts and documenting evidence related to same and
advise the Purchasing Division in writing where the performance of a
Supplier/Contractor has been unsatisfactory in terms of failure to meet
Contract specification, terms and conditions or for Health and Safety,
environmental or other violations."
This section goes on to describe the steps that staff need to undertake to deal with the
above noted prohibition. Prior to the issuing of this tender, staff of the Department of
Public Works were, in fact, exercising due diligence to our documented procedure whereby
we were proceeding with the steps required to remove Direct Underground Inc. from our
contractor list.
Direct Underground Inc. was informed (see Appendix "K") of our decision to request
Council to award this contract to the second lowest bidder early in the week of March 13,
2006. Staff have also meet with representatives of Direct Underground Inc. on this matter.
5. Proiect Costs
Project costs for the reconstruction of Fairway Drive, Glenview Drive, Eldon Crescent and
Devlin Place are estimated as follows, based on the Miwel Construction Limited bid:
Road Account
Water Account
Storm Account
Total
Tender Price
$590,566A7
$149,261.58
$60,139.82
$799,967.57
Geotechnical
Inspection
$1,500.00
$250.00
$250.00
$2,000.00
Contingency
$38,404.60
$35,956.36
$3,910.90
$78,271.86
Total
$630,470.77
$185,467.94
$64,300.72
$880,239.43
Budget Totals
$589,000.00
$245,000.00
$34,000.00
$868,000.00
Estimated Variances
(Incl. Contingency)
($41,470.77)
$59,532.06
($30,300.72)
($12,239.43)
—5—
SPECIAL COUNCIL — APRIL 4, 2006
March 21, 2006 .5. Report No. PW06-011
As can be seen in the table, the roads and storm sewer sections of the project are over
budget, while the water section is under budget.
It is noted that the analysis of the bids revealed that the Miwel Construction Limited bid is
still the lowest acceptable bid if the contingencies are not included in the calculations.
For Council's information, the above "estimated variances" based on the Direct
Underground Inc. bid are ($12,800.00) for the Roads portion of the contract, $102,351.40
for the Water portion of the contract and ($15,974.00) for the Storm portion of the contract.
OPTIONS
Council may direct that the project be awarded to Direct Underground Inc.
Council may award the project to Miwel Construction Limited.
Council may decide to defer or not reconstruct Fairway Drive, Glenview Drive, Eldon
Crescent and Devlin Place.
FINANCIAL IMPLICATIONS
Funds have been allocated in the 2005 and 2006 Capital Works Budgets in the amount of
$589,000 for road construction, $245,000 for watermain construction and $34,000 for
storm sewer construction.
The roads part of the lowest acceptable tender is $41,470.77 over budget, the watermain
portion is $59,532.06 under budget and the storm sewer portion is $30,300.72 over budget.
Overall, the entire project is over budget by $12,239.43.
Funds are available in the Storm Reserve to fund the variance in the storm sewer portion of
this project.
With regard to the variance in the roads portion of the project, Council is also considering
at this meeting Report PW06-009 (Award of Tender P.W.2006-02 — Reconstruction of Hill
Drive). The roads portion of the Hill Drive tender is projected to be $28,708.56 under
budget. It is proposed to transfer those funds from the Hill Drive project to this project,
which will result in a remaining variance of $12,762.21. Funds are available in the
Municipal Capital reserve to fund this remaining variance.
CONCLUSIONS
There has been an extensive public information campaign associated with the
reconstruction of Fairway Drive, Glenview Drive, Eldon Crescent and Devlin Place.
Informational letters, a survey, an open house and conversations with directly affected
homeowners have, it is believed, produced designs that are both functional and responsive
to the wishes of the residents.
Unfortunately, it is proposed to reject the lowest tender for reasons that are explained in
this report and award the tender to the lowest acceptable tender.
SPECIAL COUNCIL — APRIL 4, 2006
March 21, 2006 .6. Report No. PW06-011
Using the lowest acceptable tender numbers, the total cost for this project is $12,239.43
over the budget estimate. The variances in the roads and storm sewer portions of the
project are proposed to be funded as follows:
1) Roads: $28,708.56 to be transferred from the roads portion of the budget for the Hill
Drive reconstruction project, plus $12,762.21 from the Municipal Capital Reserve;
2) Storm Sewers: $30,300.72 from the Storm Sewer Reserve.
Miwel Construction Ltd. is working for the Region of York and the Town on the
reconstruction of St. Johns Sideroad, between Yonge Street and Bayview Avenue. The
work under this contract was performed in a timely manner.
In consideration of the above, it is suggested that the tender submitted by Miwel
Construction Limited be accepted.
LINK TO STRATEGIC PLAN
Goal "A" speaks to maintaining a well -managed and fiscally responsible municipality,
including the reduction of operating costs by setting priorities and focusing on core
services.
ATTACHMENTS
• Appendix "A" - Site Plan showing site of proposed reconstruction
• Appendix "B" - Form of Agreement — P.W.2006-03
• Appendix "C" — 2005 and 2006 Capital Budget Sheets
• Appendix "D" - May 14, 2004 letter to residents of Fairway Drive
• Appendix "E" - May 14, 2004 letter to residents of Glenview Drive
• Appendix "F" - May 14, 2004 letter to residents of Eldon Crescent
• Appendix "G" - May 14, 2004 letter to residents of Devlin Place
• Appendix "H" — October 18, 2004 letter to residents of Fairway Drive, Glenview Drive,
Eldon Crescent, and Devlin Place regarding Open House invitation
• Appendix "I" — November 26, 2004 memo to Mayor and Members of Council
• Appendix "J-1 to J-6"— Correspondence from Town to Direct Underground Inc. relating
to Banff/Bigwin/St. Andrews and George/Bell/Hammond projects
• Appendix "K" — March 13, 2006 letter to Direct Underground Inc.
PRE -SUBMISSION REVIEW
Management Team — March 15, 2006
Prepared by.
Jerry Kryst, Technical Assistant, Ext. 4376
W. H. Jac
Director of Public Works
—7—
® LOCATIONS OF PROPOSED RECONSTRUCTION
KEY PLAN SHOWING LOCATIONS OF
PROPOSED RECONSTRUCTION
PUBLIC WORKS DEPARTMENT -$- MARCH 2O06
SPECIAL COUNCIL — APR I L 4, NDIX "B"
PART 3
FORM OF AGREEMENT
THE CORPORATION OF THE TOWN OF AURORA
PUBLIC WORKS DEPARTMENT
TENDER NO. P.W. 2006-03
THIS AGREEMENT made (in triplicate) this day of
BETWEEN:
The Corporation of the Town of Aurora
hereinafter called the "OWNER"
of the First Part
and
MIWEL CONSTRUCTION LIMITED
hereinafter called the "CONTRACTOR"
of the Second Part
AD 2006
WHEREAS the Tender of the Contractor respecting the construction work,
hereinafter referred to and described, as accepted by the Owner on the
day of
20
THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the
premises and the covenants hereinafter contained, the Parties hereto agree as follows:
1. The Contractor hereby covenants and agrees to provide and supply at the
Contractor's own expense, all and every kind of labour, appliances, equipment, and
materials for, and to undertake and complete in strict accordance with this Tender
Document dated
Department, all
prepared for the Town of Aurora Public Works
Documents are annexed
agreement to the same extent as if fully embodied herein
$ 878,239.43.
of which said
hereto and form part of this
at and for the price or sum of
2. The Contractor further covenants and agrees to undertake and perform the said
work in a proper work like manner underthe supervision and direction and to the complete
satisfaction of the Owner within the period of time specified in the Form of Tender.
3. The Contractor further covenants and agrees that the Contractor will at all times,
indemnify and save harmless the Owner, the Owners officers, servants, and agents from
and against all loss or damage, and from and against all actions, suits, claims and
demands whatsoever which may be made or brought against the Owner, the Owners
officers, servants, and agents by reason or in consequence of the execution and
performance or maintenance of the said work by the Contractor, the Contractor's servants,
agents or employees.
SPECIAL COUNCIL — APRIL 4, 2006
FORM OF AGREEMENT (Cont'd)
4. The Contractor further covenants and agrees to furnish in accordance with the
above specification, a Performance Bond in an amount equivalentto one hundred percent
(100%) of the contract price approved by the Owner's Solicitor, guaranteeing the faithful
performance of the said work, in accordance with the terms of this Agreement.
5. The Owner hereby covenants and agrees that if the said work shall be duly and
properly executed and materials provided as aforesaid and if the Contractor shall carryout,
perform and observe all of the requirements and conditions of this agreement, the Owner
will pay the Contractor the contract price herein set forth in the Contractor's Tender, such
payment or payments to be made in accordance with the provisions of the General
Conditions of the Contract referred to above.
6. This agreement and everything herein contained shall ensure to the benefit of and
be binding upon the Parties hereto, their successors and assigns, respectively.
7. All communications in writing between the parties or between them and the
Engineer shall be deemed to have been received by the addressee if delivered to the
Individual or to a member of the firm or to an officer of the Corporation for whom they are
intended or if sent by post, telegram or facsimile addressed as follows:
THE OWNER: CORPORATION OF THE TOWN OF AURORA
THE CONTRACTOR:
1 Municipal Drive
P.O. Box 1000
Aurora, Ontario
L4G 6J1 FAX: 905-841-7119
FAX:
IN WITNESS WHEREOF the parties hereto have hereunto affixed their corporate
seals duly attested by the hands of their proper officers in that behalf respectively.
CONTRACTOR OWNER
Mayor, T. Jones
Clerk, Bob Panizza, A.M.C.T.
—10—
SPECIAL COUNCIL — APRIL 4, 2VWNDIX4VF
TOWN OF AURORA
CAPITAL BUDGET -ANALYSIS BY PROJECT
Page No: 2
Project ID:
Project Name :
Department:
Service / Program :
31020
Reconstruction, Project # 2, 2005
Year of Initiation : 2005
Flexible: Yes
Costs for roadworks and underground infrastructure as per the costs contained in the .10-Year Capital Plan. These
portions of these four streets that are being reconstructed are proposed to be tendered as part of one larger
contract rather than separate smaller contracts, in order to achieve economies of scale. Only the oldest portion of
Devlin Place, adjacent to Murray Drive, is being reconstructed.
ON
Esfimated,EXpenoituias
Contracts
825;000!
825,000
Total Estimated Expe7diture5,„'.�
Contriutton from General
571 000
571 000
OtherFinencm9 w.____ _:
_.... 57000
571 00
µ w
Storm Sewers
9 OOQ
9,000
Water & Sewer
245:000
245 000
Reserve Fonds , r _:
254;000
254,000
rrF ,
`Total Estim,ated'Financing- ,.
{ 825,060. {•:':.
'M,Od0 .{'';
yy
-11-
FINAL CAPITAL BUDGET 2005-2009 - MARCH 29, 2005 11
APPENDIX "C" v(7
Sg5G&AhUG@PyC1LAD'0 ffl LDEt,E0Af 20, 2005
TOWN OF AURORA
CAPITAL BUDGET - ANALYSIS BY PROJECT
Pa a No: 1
Praj ect ID 131020
Project Name : I Reconstruction, Project # 2, 2005
Department lWorks
Service / Program lWorks
Year of Initiation 12005
Flexible: JYes
'
Program: Roads — Reconstruction of Fairway Drive from Murray Drive to Stoddart Drive, Eldon
Crescent, Glenview Drive, and east end of Devlin Place. To provide funding for the reconstruction
of the roadways, watermain, and sewer infrastructure.
Costs for roadworks and underground infrastructure as per the costs contained in the 10-Year Capital Plan. These
portions of these four streets that are being reconstructed are proposed to be tendered as part of one larger
contract rather than separate smaller contracts, in order to achieve economies of scale. Only the oldest portion of
Devlin Place, adjacent to Murray Drive, is being reconstructed.
Contracts 7 43,000 j 43,0001
Total Es,timated,Epienditures j 43,d'00 '.::43;000E.. i
Contribution from General ...___ .1g;000 ..._... _ 18 000 _.. __ _r._... ,. _.._._..__.....
Other Firiancin9.._..� _..___..,.... ._ _ , 18 000..... _..._.. 1,SL0o01.........____ ._._ .. __.. _ .._ ...... :... .............
-1h-
COUNCIL — APRIL 4,
100 John West Way
Box 1000
Aurora, Ontario
L4G 6,11
Tel: (905) 727-1375
Web: www.town.aurora.on.ca
May 14, 2004
Dear Resident:
2011PPENDIX "D"
Re: Reconstruction of Fairway Drive
DEPARTMENT OF PUBLIC WORKS
Reply Attention: W.H. Jackson, P.Eng.
Director of Public Works
(905) 727-3123, Ext. 4371
The reconstruction of Fairway Drive is scheduled for 2005 as part of the Town of Aurora's 10-
Year Capital Works Program. The Public Works Department will shortly be engaging a
consultant to design this reconstruction project. Final approval for the reconstruction project will
be made by Council during its deliberations on the 2005 Capital Budget.
Fairway Drive is currently constructed with an urban cross-section (i.e. with curbs and storm
sewers) and a sidewalk along one side of the street, and the Town plans to maintain that same
basic design when the street is reconstructed.
If you have any questions and concerns regarding the proposed configuration for your street,
please contact Mr. Patrick Ngo of the Town of Aurora Public Works Department by fax at (905)
841-7119, by email at pngo@town.aurora.on.ca or by telephone at 727-3123, extension 4375,
by Friday May 28, 2004.
If warranted, Town staff will meet with interested residents on the street to discuss questions and
concerns that you may have.
Yours truly,
W. H. Jackson, P.Eng.
Director of Public Works
cc. Mayor and Members of Council
L. Allison, C.A.O.
S:\Public Works\T05 Capital Works - Road Design\Fairway Drive\Resident Notice -Fairway Drive-1 pn.doc
—13—
COUNC I L — APR I L 4, ANDIX "E"
100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Tel: (905) 727-1375
Web: wwwtown.aurora.on.ca
May 14, 2004
Dear Resident:
Re: Reconstruction of Glenview Drive
DEPARTMENT OF PUBLIC WORKS
Reply Attention: W.H. Jackson,P.Eng.
'Director of Public Works
(905) 727-3123, Ext. 4371
The reconstruction of Glenview Drive is scheduled for 2005 as part of the Town of Aurora's 10-
Year Capital Works Program. The Public Works Department will shortly be engaging a
consultant to design this reconstruction project. Final approval for the reconstruction project will
be made by Council during its deliberations on the 2005 Capital Budget.
Glenview Drive is currently constructed with an urban cross-section (i.e. with curbs and storm
sewers). When a street such as yours is rebuilt, there are two basic options for the design:
1. Urban design with sidewalk (i.e. with curbs and sidewalk).
2. Urban design without sidewalk (i.e. curbs without sidewalk).
Prior to proceeding with any of the design work for this street, we request your input regarding
the options for road reconstruction presented above. No decisions have been made at this time
on what option will actually be pursued. We encourage all residents to contact Mr. Patrick Ngo of
the Town of Aurora Public Works Department by fax at (905) 841-7119, by email at
pngo@town.aurora.on.ca or by telephone at 727-3123, extension 4375 by Friday, May 28, 2004
to express your opinion regarding which option is preferred.
If warranted, Town staff will meet with interested residents on the street to discuss questions and
concerns that you may have.
Yours truly,
W. a kson,
Director of Public Works
cc. Mayor and Members of Council
L. Allison, C.A.O.
T05rddes\Glenview Drive\Resident's Survey — Survey.doc
RECONSTRUCTION OF GLENVIEW DRIVE SURVEY
FAX TO: (905) 841-7119 Town of Aurora, Public Works Department before May 28, 2004
OPTIONS: ❑ Tick one box only for preferred option
1. Urban design with sidewalk (curbs and sidewalk) ❑
2. Urban design without sidewalk (curbs without sidewalk) ❑
—14—
S:\PublicWorks\T05 Capital Works -Road DesignTairway Drive\Resident Notice -Glenview Drive-1 pn.doc
COUNCIL — APRIL 4,
100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1.
Tel: (905) 727-1375
Web: wwwtown.aurora.on.ca
May 14, 2004
Dear Resident:
24�ENDIX "F"
Re: Reconstruction of Eldon Crescent
DEPARTMENT OF PUBLIC WORKS
Reply Attention: W.H. Jackson, P.Eng.
Director of Public Works
(905) 727-3123, Ext. 4371
The reconstruction of Eldon Crescent is scheduled for 2005 as part of the Town of Aurora's 10-
Year Capital Works Program. The Public Works Department will shortly be engaging a
consultant to design this reconstruction project. Final approval forthe reconstruction project will
be made by Council during its deliberations on the 2005 Capital Budget.
Eldon Crescent is currently constructed with an urban cross-section (i.e. with curbs and storm
sewers), and the Town plans to maintain that same basic design when the street is
reconstructed.
If you have any questions and concerns regarding the proposed configuration for your street,
please contact Mr. Patrick Ngo of the Town of Aurora Public Works Department by fax at (905)
841-7119, by email at pngo@town.aurora.on.ca or by telephone at 727-3123, extension 4375,
by Friday May 28, 2004.
If warranted, Town staff will meet with interested residents on the street to discuss questions and
concerns that you may have.
Yours truly,
W. H[4i ckson, P.Eng.
Director of Public Works
cc. Mayor and Members of Council
L. Allison, C.A.O.
S:\Public Works\T05 Capital Works - Road DesignTairway Drive\Resident Notice -Eldon Crescent-1 pn.doc
—15—
• •
•
n+e*. t Errr
j`
ski. ,Esrls'.
MEII$
COUNCIL — APRIL 4,
100 John West Way
Box 1000
Aurora, Ontario
L4G 6,11
Tel: (905) 727-1375
Web: www.town.aurora.on.ca
May 14, 2004
Dear Resident:
NDIX "Go
DEPARTMENT OF PUBLIC WORKS
Reply Attention: W.B. Jackson, P.Eug.
Director of Public Works
(905) 727-3123, Ext. 4371
Re: Reconstruction of Devlin Place (From Murray Drive to 67m, west of Murray Drive)
The reconstruction of the easterly section of Devlin Place (See attached drawing) is scheduled
for 2005 as part of the Town of Aurora's 10-Year Capital Works Program. The Public Works
Department will shortly be engaging a consultant to design this reconstruction project. Final
approval for the reconstruction project will be made by Council during its deliberations on the
2005 Capital Budget.
Devlin Place is currently constructed with an urban cross-section (i.e. with curbs and storm
sewers) and a sidewalk along'one side of the street, and the Town plans to maintain that same
basic design when the street is reconstructed.
If you have any questions and concerns regarding the proposed configuration for your street,
please contact Mr. Patrick Ngo of the Town of Aurora Public Works Department by fax at (905)
841-7119, by email at pngo@town.aurora.on.ca or by telephone at 727-3123, extension 4375,
by Friday May 28, 2004.
If warranted, Town staff will meet with interested residents on the street to discuss questions and
concerns that you may have.
Yours truly,
W. ac on, P.Eng.
Director of Public Works
Attachment
cc. Mayor and Members of Council
L. Allison, C.A.O.
S:\Public Works\T05 Capital Works - Road Design\Fairway Drive\Resident Survey Devlin Place-1 pn.doc
—16—
OUN;bl.[, Vh tl U11 4, 200APPENDIX "H"
Box 1000
Aurora, Ontario
L4G 6,11
Tel: (905) 727-1375
Web: www.town,aurora.on.ca
Rayne H. Jackson, p.Eng
Director of Public Works
(905) 727-3123, Extension 4371
-W-FW
October 18, 2004 File: T05
Dear Resident,
Re: Proposed Reconstruction of Fairway Drive, Glenview Drive, Eldon Crescent and
east end of Devlin Place
Please be advised that the Public Works Department will be holding an "Open
House/Information Center" to present the preliminary engineering designs for the reconstruction
Fairway Drive, Glenview Drive, Eldon Crescent and east end of Devlin Place. The work consists
primarily of roadway reconstruction including the installation of watermain, storm sewers,
Sidewalk and curbs. These reconstruction projects are currently scheduled to be done in 2005,
pending Council approval of the 2005 Capital Budget, and would be completed in the fall of
2005,
The "Open House" will be held on Tuesday, November 23, 2004 from 5:00 p.m. until 7:30 p.m.
in the Leksand Room on the first floor of the Aurora.Town Hall, 100 John West Way. Town staff
and the engineering consultant will, be available for these hours.
Please come and drop by to see the plans and ask any questions you may have. There are no
formal presentations planned but the preliminary engineering plans will be presented. We
welcome this opportunity to discuss the proposed works and hear your comments.
Yours truly,
Wayne . ckson, P.Eng.
Director of Public Works
cc: Mayor & Members of Council
D. Atkins, Manager of Engineering Services
S:\Public Works\T05 Capital Works - Road Design\Fairway-Glenview-Eldon-Devlin\Open House\Open House letter.doc
-17-
SPECIAL COUNCIL - APR I L 4, 20WENDIX "I"
To: Mayor and Members of Council
From: W. H. Jackson, Director of Public Works
CC: Scott Somerville, Chief Administrative Officer
Date: November 26, 2004
Re: Public Information Meeting for Reconstruction of West portion of Fairway
Drive, Glenview Drive, Eldon Crescent and east end of Devlin Place -
November 23, 2004 at Town Hall
An "Open House/Information Center" was held on Tuesday, November 23, 2004 in the
Leksand Room at Aurora Town Hall, to present the preliminary designs for the
reconstruction of west portion of Fairway Drive, Glenview Drive, Eldon Crescent and east
end of Devlin Place. Ten Town of Aurora residents attended the Open House meeting (3
residents from Fairway Drive and 7 residents from Glenview Drive).
The proposed layouts of these streets are fundamentally the same as the existing layouts,
including the sidewalk, curb and pavement widths and locations; Town staff and the
engineering consultant explained and discussed the proposed preliminary design of these
streets. The residents who attended the meeting were generally pleased with the design as
presented.
One comment received at the Public Meeting may result in minor changes to the plans. It is
anticipated that the detailed design work will be completed in the next few weeks.
W. H. Jaokgdi'
Director of Public Works
SAPubllo Works705 Capital Works - Road. Design\Falrway-GlenvieW-Eldon-Devlin\Open House\Open House Memo to Council -pn.doo
-18-
COUNCIL — APRIL 4,
100 John West Way
Box 1000
Aurora, Ontario
L4G 6J1
Tel: (905) 727-1375
Web: wwwtown. aurora, on. ca
November 8, 2004
Mr. Dale Carter
Direct Underground Inc.
11244 Keele Street, Unit #4,
P.O. Box 636
Maple, Ontario
L6A 1S5
Dear Mr. Carter
2015Bpendix "J-1"
DEPARTMENT OF PUBLIC WORKS
Reply to: W.H. Jackson, P.Eng.
Director of Public Works
(905) 727-1375, Ext. 4371
SENT VIA FAX
905-303-1284
RE: Notice to Complete Work
Reconstruction of Banff Drive, Bigwin Drive and St. Andrew's Court
Contract P.W. 2004-01
Please be advised that there are numerous repairs to be completed on the above
noted project. There is growing concern that the need to make the necessary
repairs is being ignored by your office.
The Town was advised that repairs would be performed on Saturday, November
6, 2004; however no work took place.
The Town expects all outstanding work to be completed by Saturday, November
13, 2004 and in order to ensure that the work is completed by the conclusion of
this timeframe, you are directed to have forces on site no later than Wednesday,
November 10, 2004. Failure to do so will require the Town to hire forces to
complete the work on your behalf, at your expense.
Please notify Mr. Steve Wilson to arrange for an inspection of the works to be
performed.
Sincerely,
Wayne H.Jackson
Director of Public Works
cc: D.Atkins, Manager of Engineering Services')
—19—
SPECIAL.000NCIL —
Wayne Jackson, P.Eng
Director of Public Works
(905) 727-3123, Extension 4371
yor re, ue, Cao cowcpaxc/
September 19, 2005
Mr. Dale Carter
Direct Underground Inc.
11244 Keele Street, Unit #4,
P.O. Box 636
Maple, Ontario
L6A 1 S5
Dear Mr. Carter
Appendix 11J-2"
1 Municipal Drive
Box 1000, Aurora, ON L4G W 1
www.e-auranuca
SENT VIA FAX
RE: RE: Tender PW2005-08 Reconstruction of Bell Drive, Hammond
Drive and George Street
The Town is becoming increasingly concerned with the lack of activity on the
above noted project. The underground component of this contract was
completed on Monday, September 12, 2005 and since that time, no work has
taken place.
Paragraph 1.11 of Part 1 Information to Tenderers) of the Contract documents
states:
"The Contractor shall work continuously (weather permitting) until the
work is completed within the time period specified in the Form of Tender,"
The project commenced on Monday August 8, 2005 and to -date the effort to
complete this project has been sporadic. The Contract stipulates that the project
shall be completed within twenty-five (25) working days -and it is clear that
through the lack of continuous work, the project will not be completed on time.
If work does not begin immediately, and proceed continuously, the Town will
have no option but to begin charging $300.00 per calendar day in liquidated
damages for every additional day it takes to complete the contract (up to and
including the placement of base course asphalt) in accordance with the Contract
documents.
Sincerely,
Wayne H. Jackson
Director of Public Works
cc: D.Atkins, Manager of Engineering Services
T04 Road construction 105-081 Completion Notice
—20—
SPECIAL COUNCIL - APRIL 4, 2006
... '=- - ------- Appendix «O-3„
Aui�pRA
---------- Steve Wilson
Technical Assistant
(905) 727-3123, Extension 4377
October 12, 2005
Mr. Dale Carter
Direct Underground Inc.
11244 Keele Street, Unit #4,
P.O. Box 636
Maple, Ontario
L6A 1S5
Dear Mr. Carter
1 Municipal Drive
Box 1000, Aurora, ON L4G 6.11
www.e-aurora.ca
SENT VIA FAX
RE: RE: Tender PW2005-08 Reconstruction of Bell Drive, Hammond
Drive and George Street
Please be advised that during a site visit performed today at 3:00 p.m., I noted
that the road work is proceeding on George Street without any flag persons to
safely direct traffic around the construction equipment.
During a site meeting prior to the road work commencing on George Street held
on Tuesday October 11, 2005, at 7:30 a.m., I advised the site foreman that due
to the traffic volume on George Street, flag people would be required at all times.
I am very concerned that the site foreman is not capable of understanding the
need to manage the construction activities in a safe manner. Maintaining a safe
work environment for the workers and the public is a priority that cannot be
compromised for any reason.
You are directed to ensure that both adequate and competent staff are on site at
all times to ensure that there are no further lapses in proper traffic contol.
SincerE' ,
Steve Wilson
Technical Assistant
cc: D.Atkins, Manager of Engineering Services
Wayne H. Jackson, Director of Public Works
T04 Road construction W5-081 Safety Notice
-21-
e
SPEC.I-A_L ._GO.UNC I L - APR I L 4, 2tWndix 11J-4"
1 Municipal Drive
Wayne Jackson, P.Eng Box 1000,Aurora, ON L4G 6J1
AuR.oRA Director of Public Works www.e-aurora ca
-------------- (905) 727-3123, Extension 4371
October 19, 2005
Mr. Dale Carter
Direct Underground Inc.
11244 Keele Street, Unit #4,
P.O. Box 636
Maple, Ontario
L6A 1 S5
Dear Mr. Carter
SENT VIA FAX
RE: RE: Tender PW2005-08 Reconstruction of Bell Drive, Hammond
Drive and George Street
Further to the letter dated September 19, 2005 in which the Town's concern
regarding the time it is taking to complete this project, I have been advised that
construction activities on the above noted street have again been discontinued.
I have further been advised that the reason for the latest delay is due to your
difficulties in scheduling your sub -contractor to construct the concrete curb.
The apparent lack of attention that Direct Underground has given this project in
scheduling work in a timely manner has caused the Town to become extremely
concerned that your company lacks the ability to complete the project this
season.
The amount of time it is taking to complete this project is unacceptable. The
project commenced on Monday August S, 2005 and the residents in the affected
areas have been forced to endure ten weeks of inconvenience and there is no
end in site.
The Town of Aurora considers a Contractor's past performance when tendering
and awarding contracts and the problems the Town has experienced with the
lack of progress in completing this contract will be considered in the future.
Sincerely,
Wayne H. Jackson l
Director of Public Works II
cc: D.Atkins, Manager of Engineering Services.�'d ..J
T04 Road construction 105-0M Completion Notice2
-22-
� � 4�•b, fi. ���.; -.s' ��+� ;`e` ZS _ems � h � ti � sv hY;-�':7- ;�.Js zS. "k�.� ,r. :._i !� �� �� T E JF, 3��Oa hiss �'� i T� �i s ,
SPEQ.1Ad� C9UNC I L
— APR I L .4, 2Rp0�1bndix 11J-5"
Steve Wilson
Technical Assistant
(905) 727.3123, Extension 4377
October 24, 2005
Mr. Dale Carter
Direct Underground Inc.
11244 Keele Street, Unit #4,
P.O. Box 636
Maple, Ontario
L6A 1S5
Dear Mr. Carter
1 Municipal Drive
Box 1000,Aurora, ON L4G 6J1
www.e-aurora.ca
SENT VIA FAX
RE: RE: Tender PW2005-08 Reconstruction of Bell ®rive, Hammond
®rive and George Street
Please be advised that during a site visit performed today at 11:00 a.m., I noted
that there was no construction activity on site. Further, I have received no
indication from your office regarding why there is no work force on site.
During a telephone discussion held on Wednesday October 19, 2005, 1 was
advised that the concrete curb construction would commence on possibly Friday,
October 21, 2005 and if not, definitely on Monday, October 24, 2005.
The Town has repeatedly advised your office to complete this project and to date;
your company has shown little interest in doing so. The time it is taking to
complete this project in unacceptable.
Since ly,
�,�
'�-,' G / 'vj"i
Steve Wilson
Technical Assistant
cc: D.Atkins, Manager of Engineering Services
Wayne H. Jackson, Director of Public Works
T04 Road construction 105-= Safety Notice
—23—
B
SPEC.I._AC I L— APR I L 4 fterdix "J-6"
Im
Wayne Jackson, P.Eng
Director of Public works 1 Mumcipel Drive
(905) 727-3123, Extension 4371 Box 1000,Aurora, ON L4G 611
www.e-aurora.ca
January 12, 2006
Mr. Eddie Sardo
Direct Underground Inc.
11244 Keele Street, Unit #4,
P.O. Box 636
Maple, Ontario
L6A 1 S5
Dear Mr. Sardo
SEAT VIA FAX
905-303-1284
RE: Tender PW2005-03 Reconstruction of Bell Drive, Hammond Drive and
George Street
Mr. Steve Wilson advised your office of a portion of broken asphalt on George Street
on Wednesday, January 4, 2205. In your absence, a representative from Vaughn
Paving contacted Mr. Wilson and advised him that the problem would be looked at
the following day.
On January 5, 2Q06, Mr. Wilson met John Warren of Vaughn Paving on -site to view
the problem. During that meeting the Town was given assurance that the problem
would be repaired when weather improved the following week.
On January 11, 2006, a site visit showed that no work had taken place. You were
contacted and advised of the fact that this problem had not been attended to despite
assurances from Vaughn Paving that the repair would have already taken place.
On January 12, 2006, a second site meeting took place at which time you were able
to view the problem personally. At this time you were also advised that a pot hole at
the intersection of Wellington Street and George St. required repair and the
driveways required additional granular material. During this site meeting, you were
unable to give a firm commitment as to when these repairs will take place.
In light of the above, the Town has no option but to advise you that if repairs
described above have noibeen completed by Wednesday January 18, 2006 the
Town will perform the work on your behalf at your expense.
Sincerely,
Wayne H. Jackson
Director of Public Works
cc: D.Atkins, Manager of Engineering Services
T04 Road construction 105-081 Road repairs01-06
-24—
WNDIX "K"
W. H. Jackson, P.Eng
Director of Public Works
(905) 727-3123, Extension 4371 .
,yow're Gw rood. Gow.pAPT
March 13, 2006
Mr. Dale Carter
Direct Underground Inc.
11244 Keele Street, Unit #4,
P.O. Box 636
Maple, Ontario
L6A 1 S5
Dear Mr. Carter
SENT VIA FAX
1 Municipal Drive
Box 1000, Aurora, ON L4G 6A
wwme-aurcra.ca
RE: Tender PW2006-03 Reconstruction of Fairway Drive, Glenview Drive, Eldon
Crescent, and Devlin Place
At it's meeting of March 21, 2006, the Town of Aurora General Committee will be considering
Report PW06-011 (Award of Tender No. P.W.2006-03 - Reconstruction of Fairway Drive,
Glenview Drive, Eldon Crescent and Devlin Place).
Please be advised that staff is recommending that this contract be awarded to the second low
bidder, Miwel Construction Limited. This recommendation is being made based on poor
performance of Direct Underground in completing the reconstruction of George Street, Bell
Drive and Hammond Drive in 2005 and St. Andrews Court in 2004 as detailed in a number of
previous letters sent to you.
Our normal procedure is that Council Reports, and the recommendations contained in them,
do not become public information until the Friday before the meeting when Council will be
considering the Report. However, we are writing to you in this case to give advance notice in
order to allow you time to prepare should you wish to speak to Council to dispute staff's
recommendations.
If you do chose to speak to Council regarding this matter, you must contact Mr. Bob Panizza,
Town Clerk, by mail or e-mail (b ap pizza rae-aurora..ca) no later than 4:30 p.m, on March 20,
2006 and request delegate status at the Council meeting. The meeting will commence at
7:00 p.m. in the Council chambers on the first floor of Town Hall.
Yours truly,
W. H. Jacks n, P.Eng.
Director of Public Works
cc: Mayor and Members of Council
J. Rogers, C.A.O.
K. Bishop, Purchasing
D.Atkins, Manager of Engineering Services
S,\Public Works\General FolderAT04 Capital works - Road Construction\06-03 Glenview, Fairway,Cldon,DeylinVL tter to Direct Underground.doc
-25-
SPECIAL COUNCIL - APRIL 4, 2006
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 4791-06.0
BEING A BY-LAW to
Confirm Actions by
Council Resulting From
Special Meeting 06-11
April 4, 2006.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
THAT the action of the Council at its special meeting held on April 4, 2006 in
respect to each motion, resolution and other action passed and taken by the
Council at the said meeting is, except where prior approval of the Ontario
Municipal Board is required, hereby adopted ratified and confirmed.
2. THAT the Mayor and the proper officers of the Town are hereby authorized and
directed to do all things necessary to give effect to the said action or to obtain
approvals where required and to execute all documents as may be necessary in
that behalf and the Clerk is hereby authorized and directed to affix the corporate
seal to all such documents.
READ A FIRST AND SECOND TIME THIS 4T" DAY OFAPRIL, 2006.
READ A THIRD TIME AND FINALLY PASSED THIS 4Ty DAY OFAPRIL, 2006.
T. JONES, MAYOR K. EWART, DEPUTY CLERK
AN