HomeMy WebLinkAboutMarch 23, 2023 - Special CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SPECIAL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – Held Virtually
Thursday, March 23, 2023
6:00 p.m.
The March 23, 2023 Special Council Meeting will be held virtually via Zoom
and livestreamed on YouTube.
The Public may watch the Council meeting utilizing the
Municipality of Bayham YouTube Channel:
https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. REPORTS TO COUNCIL
A. Report CAO-18/23 by Thomas Thayer, CAO|Clerk re Procurement Award – Port Burwell
Lighthouse Temporary Stabilization Measures
B. Report CAO-19/23 by Thomas Thayer, CAO|Clerk re License Agreement – Bradcranex
Inc. – 21 Robinson Street, Port Burwell
4. BY-LAWS
A. By-law No. 2023-023 Being a by-law to authorize the execution of an agreement
between the Municipality of Bayham and Bradcranex Inc. to permit access over and use
of lands at 21 Robinson Street, Port Burwell, for works at the Port Burwell Lighthouse
5. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2023-024 Being a by-law to confirm all actions of Council
6. ADJOURNMENT
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: March 23, 2023
REPORT: CAO-18/23 SUBJECT: PROCUREMENT AWARD – PORT BURWELL LIGHTHOUSE TEMPORARY
STABILIZATION MEASURES
BACKGROUND
On February 2, 2023, Council received Report CAO-11/23 re Stabilization Measures – Port
Burwell Lighthouse. The Report confirmed suspicions express in the initial assessment of the
cladding on the Lighthouse, received in October 2022, regarding structural concerns.
The Report identified a temporary stabilization measure for the Lighthouse, including a collar with
eight (8) guywires and helical piles to restrict the structure’s lateral movement and mitigate the
risks associated with a wind-loading failure of the Lighthouse. The estimated costs were $84,000
+ a 20-30 percent construction contingency as described in the Report, which provides for a range
of costs between $84,000 and $109,200.
The Report further identified that “[g]iven the time-sensitive nature of the decision, staff recommend proceeding with the proposed works and recommend Council’s approval of same.”
Council passed the following motion:
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-11/23 re Stabilization Measures – Port Burwell Lighthouse be received for information; AND THAT stabilization measures for the Port Burwell Lighthouse proceed as outlined in Report CAO-11/23;
AND THAT the identified stabilization measures be funded through the Facilities Reserve.
This Report discusses results from a time-sensitive procurement process, led by a+LINK
Architecture Inc. (a+LINK).
DISCUSSION
In accordance with Council’s direction, a+LINK proceeded with a invited Request for Quote from known heritage restoration firms with substantial portfolios and/or specialty firms with
experience stabilizing/moving large structures, as well as potential short-term capacity to ensure project completion around the Victoria Day Long weekend. The latter was considered a paramount variable as Robinson Street between Pitt and Brock is currently closed due to the
risk of overturning, as noted in previous Reports. The Request was prepared by a+LINK with input from Cooke and Associates Consulting
Engineers (Cooke) and the Municipality. The following two (2) Bids were received: Bidder Base Bid Cash Allowance Total Bid Commencement of Works Completion of Works HRI Group $94,000 $5,000 $99,000 Within 2 weeks of notice Within 8 weeks of notice.
Robertson Restoration $95,000 $5,000 $100,000 Within 4 weeks of notice Within 8 weeks of notice
Both bids received are within the range provided by a+LINK and Cooke via their estimate described in Report CAO-11/23. Based on the above, and in discussion with a+LINK Architecture as the consultant and procurement lead, the Award is recommended to HRI Group
due to the lower base and total bid, and the quicker ability to mobilize in respect of this project. It should be noted that the Submitted Bid Form from HRI Group (attached) shows a Cash
Allowance and Total Bid that are in excess of the chart, above. a+LINK has advised that, since the Submission, HRI Group confirmed the Cash Allowance was in error and intended to be $5,000, which would bring the Total Bid to $99,000. This correspondence is also attached. Should Council wish to proceed with the Award as described, a by-law and Agreement will be brought forward to the April 6, 2023 meeting for adoption; however, notification to the contractor can proceed through Council agreement and direction via this Report. Staff also have Agreement from the adjacent landowner to permit access over their lands for these works, and restoration works, should they proceed within the next two (2) years. Both a+LINK and the successful bidder are aware of this arrangement. ATTACHMENTS
1. Submitted Bid Form and clarifying email – HRI Group RECOMMENDATION 1. THAT Report CAO-18/23 re Procurement Award – Port Burwell Lighthouse Temporary Stabilization Measures be received for information; 2. AND THAT Council award the temporary stabilization measures to HRI Group Inc. in a
base amount of $94,000 and a total amount of $106,200;
3. AND THAT the appropriate By-law be brought forward for Council’s consideration.
Respectfully Submitted by: Thomas Thayer, CMO, AOMC CAO|Clerk
Port Burwell Lighthouse – Temporary Stabilization Tender Form Section 00 40 00-R1
Municipality of Bayham RFQ 23-01 / Project: 2238 / JCAL 23065
17 Robinson Street, Port Burwell, ON. Page 1 of 4
1.1 STIPULATED PRICE BID FORM
Project: Port Burwell Lighthouse
Temporary Stabilization
Project No.: JCAL Project No. 23065, A+Link No. 2238,
From
(Bidder):
(company name)
(street address or postal box number)
(city / town, province, and postal code)
To (Owner): Municipality of Bayham
56169 Heritage Line, PO Box 160, Straffordville, ON. N0J 1Y0
The undersigned proposes to provide all labour, materials, equipment and services necessary for the
completion of the General Contract Work for _Temporary Stabilization of the Port Burwell Lighthouse_,
_17 Robinson Street Port Burwell , Ontario, for the _Municipality of Bayham_ (hereinafter called the
Owner) in accordance with the related drawings and specifications for the TOTAL TENDER PRICE
(excluding Value Added Taxes) of:
(written)_________________________________________________________________________
________________________________________________________________________________
Dollars
(Numeric) and _______________ Cents $ ______________________________________________
.1 The Total Tender Price for the Work is as follows:
.1 Base Bid $ _________________________________
(excluding Value Added Taxes)
.2 Cash Allowances Total $ __
(excluding Value Added Taxes)
.3 TOTAL TENDER PRICE $ __
(Including Allowances, excluding Value Added Taxes)
.2 The lowest or any Tender will not necessarily be accepted. The Owner reserves the right to
accept or reject any and all Tenders, or any part of any one Tender, and the right to cancel
any portion of the Work described in the Tender without any claim whatsoever because of
such cancellation.
Heritage Restoration Inc.
14 Paisley Lane
Uxbridge ON L9P 0G5
94,000.00
106,220.00
12,220.00
94,000.000
Ninety Four thousand dollars ----------------------------------------------------------------
Port Burwell Lighthouse – Temporary Stabilization Tender Form Section 00 40 00-R1
Municipality of Bayham RFQ 23-01 / Project: 2238 / JCAL 23065
17 Robinson Street, Port Burwell, ON. Page 2 of 4
APPENDIX A - SCHEDULE OF ITEMIZED AND UNIT PRICES (BASE BID):
Item Description Unit Estimated
Quantity
Contract Unit
Price
Total Item Price
1. Mobilization/Demobilization: Includes any and all
component set-up to facilitate the Work, and any
and all component removal, cleanup, landscaping
and reinstatement of components disrupted by the
Work.
Lump Sum n/a n/a $
2. All other items not identified in the bid form but
are specified, indicated or implied in the contract
documents and/or are required to complete the job
in its entirety including the cost of all permits and
other fees, except the building permit.
Lump Sum n/a n/a
$
3. Provide temporary enclosures and temporary
structures for security and safety and Work
enclosure. Include for all temporary protection.
Lump Sum n/a n/a $
4. Structural steel, including supply and installation. Lump Sum n/a n/a $
5. Wire rope, including supply and installation. Lump Sum n/a n/a $
6. Helical piles, including design, supply, and
installation.
Lump Sum n/a n/a $
TOTAL $
NOTES:
1) Complete in its entirety the Schedule of Itemized and Unit Prices and the Total Lump Sum Quotation
on first page of the Bid Submission Form.
2) Quotations for various items are required on a Lump Sum or Unit Price basis. In each case, the
quoted price will be for the completed work, including all labour, equipment, and material required,
necessary, or incidental to the item. Applicable taxes (excluding Value Added Taxes), overhead, and
profit, and any or all other associated Contractor expenses shall also be included.
3) Quantities provided for lump sum items are approximate in nature and are not to be relied upon by
the Bidder. Bidder to measure all quantities on site.
4) The final Contract Price shall be the final sum of all Lump Sum items, used portion of the allowances
and the sum of the products of the actual quantities that are incorporated in, or made necessary by the
Work, as confirmed by count and measurement, and the appropriate Contract Unit Prices, together
with any adjustments that are made in accordance with the provisions of the Contract Documents.
5) The Total Estimated Contract Price shall be adjusted by written order to provide for any excess or
deficit to each Contract Unit Price and any cash allowances.
6) Deletions from the Bid Form will be deducted at 100% of the Unit or Total Item Price.
1,000.00
12,000.00
2,000.00
27,000.00
35,000.00
17,000.00
94,000.00
Port Burwell Lighthouse – Temporary Stabilization Tender Form Section 00 40 00-R1
Municipality of Bayham RFQ 23-01 / Project: 2238 / JCAL 23065
17 Robinson Street, Port Burwell, ON. Page 3 of 4
APPENDIX C – LIST OF SUBCONTRACTORS
Submit the names of Subcontractors proposed for the work. The Contractor reserves the right to substitute
another Subcontractor, in the event that a Subcontractor withdraws or becomes bankrupt after the date
hereof or proves to be unsatisfactory. Any such substitution shall be subject to the Consultant’s approval
and contingent upon evidence of withdrawal or bankruptcy or unsatisfactory performance.
(Bidder to bar and initial space below if not used)
DIVISION OR SECTION OF WORK/TRADE NAME OF SUBCONTRACTOR
Structural Steel
Wire Rope / Rigging
Helical Piles EBS Geostructural
own forces /
own forces /
Rassaun Services
Rassaun Services
Port Burwell Lighthouse – Temporary Stabilization Tender Form Section 00 40 00-R1
Municipality of Bayham RFQ 23-01 / Project: 2238 / JCAL 23065
17 Robinson Street, Port Burwell, ON. Page 4 of 4
We, the undersigned, declare that:
(a) we agree to commence work within _____ weeks of receipt of advice by letter of intent or
agreement,
(b) we will attain Substantial Performance of the Work within _____ weeks after receiving notice of
contract award.
(c) we have arrived at this bid without collusion with any competitor,
(d) this Bid is open to acceptance by the Owner for a period of 60 days from the date of bid closing,
and
(e) all bid form supplements called for by the Bid Documents form an integral part of this bid.
If awarded the Contract, we agree to complete the Scope of Work within the time limit specified above
and have all construction equipment removed from site. Indicate agreement of this clause by initialling
this clause:
Signatures
Signed and submitted by:
__________________________________________
(company name)
__________________________________________
(name and title of authorized signing officer)
__________________________________________
(signature of authorized signing officer)
__________________________________________
(name of witness)
__________________________________________
(signature of witness)
__________________________________________
(name and title of authorized signing officer)
__________________________________________
(signature of authorized signing officer)
__________________________________________
(name of witness)
__________________________________________
(signature of witness)
Dated this ____________________________ day of _____________________________________,
20_____ .
Note: affix corporate seal as required by Bid Documents.
Heritage Restoration Inc.
Chris Huntley - President
Lindsay Benson office Manager
15th March
23
2
8
CH
From:
To:
Tim Finch
Thomas Thayer
Subject:
Date:
Re: CCDC2 Agreement - HRI
March 21, 2023 11:38:59 AM
CAUTION: This email originated from outside of the Municipality of Bayham
email system. Please use caution when clicking links or opening attachments
unless you recognize the sender and know the content is safe.
Hi Thomas, FYI. HRI has confirmed the cash allowance value in the total tender price was
supposed to be $5,000.00. Not the $12,220.00 which is actually the HST value on the$94,000.00. The total tender price without HST is $99,000.00. I will show this value in the
CCDC2.
Tim Finch
Senior Technologist
Lic. Tech. OAA, A.Sc.T., CAHP
o: 519-649-0220
timf@aLiNKarch.ca
www.aLiNKarch.ca
126 Wellington Rd, London, ON N6C 4M8
Please consider the environment before printing this email.Privilege & Confidentiality Notice: The content of this email is the property of a+LiNK Architecture Inc. If you are not the intended recipient of this correspondence, please delete all copies and notify the sender of this email.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: March 23, 2023
REPORT: CAO-19/23 SUBJECT: LICENSE AGREEMENT – BRADCRANEX INC. – 21 ROBINSON STREET,
PORT BURWELL
BACKGROUND
On February 2, 2023, Council received Report CAO-11/23 re Stabilization Measures – Port
Burwell Lighthouse. The Report confirmed suspicions express in the initial assessment of the
cladding on the Lighthouse, received in October 2022, regarding structural concerns.
The Report identified a temporary stabilization measure for the Lighthouse, including a collar with
eight (8) guywires and helical piles to restrict the structure’s lateral movement and mitigate the
risks associated with a wind-loading failure of the Lighthouse. The estimated costs were $84,000
+ a 20-30 percent construction contingency as described in the Report, which provides for a range
of costs between $84,000 and $110,000.
The Report further identified that “[g]iven the time-sensitive nature of the decision, staff
recommend proceeding with the proposed works and recommend Council’s approval of same.”
Council passed the following motion:
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT Report CAO-11/23 re Stabilization Measures – Port Burwell Lighthouse be received for information; AND THAT stabilization measures for the Port Burwell Lighthouse proceed as outlined in Report CAO-11/23; AND THAT the identified stabilization measures be funded through the Facilities Reserve.
By this time, Council will have read, received, and disposed of Report CAO-18/23. This Report is an important second part of the procurement and construction process associated with the stabilization measures as, without written agreement from the adjacent landowner, the works
cannot proceed. DISCUSSION The Municipality owns the Port Burwell Lighthouse and the lands associated with it, known as 17 Robinson Street, Port Burwell; however, the lands associated with the Lighthouse are quite minimal, so much so that the proposed stabilization measures require access over and use of the adjacent lands to properly stabilize the structure. Establishing this access over the adjacent lands, known municipally as 21 Robinson Street, Port Burwell, is important for these temporary stabilization works to continue in an unencumbered manner and to establish indemnification for the contractor and the Municipality in case of a
claim arising from the works in question. The License Agreement, drafted by Municipal Solicitor and reviewed and signed by the
signatory for the landowner, BRADCRANEX Inc., is attached for Council’s consideration. The Agreement itself is for a two (2)-year period and is termed in a manner that will hopefully allow it to cover the stabilization and any future restoration works stemming from this project. If authorized by Council, a hard copy of the Agreement will be kept on file with the Municipality and a copy provided to a+LINK Architecture Inc. to provide to any procured contractor commencing works on the Lighthouse during the term of the Agreement. Staff recommend approval and authorization of the Agreement via an appropriate by-law; one is also included in the Agenda package. ATTACHMENTS
1. License Agreement – Bayham / Bradcranex Inc. RECOMMENDATION 1. THAT Report CAO-19/23 re License Agreement – Bradcranex Inc. – 21 Robinson Street, Port Burwell be received for information;
2. AND THAT Council authorize the execution of a License Agreement between the
Municipality and Bradcranex Inc. to permit access and use of 21 Robinson Street, Port Burwell, in support of stabilization and restoration efforts regarding the Port Burwell Lighthouse;
3. AND THAT the appropriate by-law be brought forward for Council’s consideration.
Respectfully Submitted by: Thomas Thayer, CMO, AOMC CAO|Clerk
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW 2023-023
A BY-LAW TO AUTHORIZE THE EXECUTION
OF AN AGREEMENT BETWEEN THE
MUNICIPALITY OF BAYHAM AND BRADCRANEX INC. TO PERMIT
ACCESS OVER AND USE OF LANDS AT 21 ROBINSON STREET,
PORT BURWELL, FOR WORKS AT THE
PORT BURWELL LIGHTHOUSE
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS the Port Burwell Lighthouse was deemed unsafe in January 2023 due to
structural stability concerns;
AND WHEREAS the Municipality has been working with a heritage consultant and engineer on
temporary stabilization measures for the Port Burwell Lighthouse;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
implementing these temporary stabilization measures for the Port Burwell Lighthouse;
AND WHEREAS access over and use of the adjacent lands are required to be utilized for said
measures;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by-law between the Municipality
of Bayham and Bradcranex Inc. for access over and use of lands known municipally as
21 Robinson Street for purposes of works on the Port Burwell Lighthouse.
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF
MARCH 2023.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-024
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD MARCH 23, 2023
WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of
a municipal corporation are to be exercised by the Council of the municipality;
AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be
exercised by by-law;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it
advisable that the proceedings of the meeting be confirmed and adopted by by-law.
THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in
respect of each recommendation and each motion and resolution passed and other
action by the Council at the Council meeting held March 23, 2023 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby
authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd
DAY OF MARCH 2023.
____________________________ _____________________________
MAYOR CLERK