APPOINTMENT OF THE CONSULTANT TO COMPLETE ENVIRONMENTAL SERVICES FOR THE ZAVITZ AND OUTLET MUNICIPAL DRAIN

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1 Town of Fort Erie Infrastructure Services Our Focus: Your Future Prepared for Council-in-Committee Report No. IS Agenda Date May 20, 2008 File No Subject APPOINTMENT OF THE CONSULTANT TO COMPLETE ENVIRONMENTAL SERVICES FOR THE ZAVITZ AND OUTLET MUNICIPAL DRAIN Recommendations THAT Council hereby appoints Water s Edge Environmental Solutions of Cambridge, Ontario as the Consultant for the preparation of an Environmental Services report on the Zavitz and Outlet Municipal Drains in the amount of $16, (including 5% G.S.T.); and THAT Staff be authorized to prepare the by-law authorizing the Mayor and Clerk to execute the contract on behalf of the Town of Fort Erie. Relation to Council s Corporate Strategic Plan Priority: Infrastructure Goal: D5 Improve water flow in ditches and reduce surface flooding Initiative: Not Applicable List of Stakeholders 1) Mayor and Council of the Town of Fort Erie and City of Port Colborne 2) All Town of Fort Erie and City of Port Colborne residents on the Baer, Schooley, Zavitz and Outlet Drainage Watershed 3) Town of Fort Erie Municipal Departments 4) Other Government Agencies 5) K. Smart and Associates 6) Water s Edge Environmental Solutions 7) Remaining Bidders on this Project Prepared by: Reviewed by: Approved by: Ian Izzard, P. Eng. Manager of Infrastructure Services Brett Ruck Drainage Superintendent Ron Tripp, P. Eng. Director of Infrastructure Services Harry Schlange, MBA Chief Administrative Officer BR/ces G:\Admin Reports\2008 Admin Reports\IS Evironmental Services for the Zavitz and Outlet Drains 20May08.doc

2 Infrastructure Services Department Page 2 of 5 Report No. IS Purpose of Report The purpose of this report is to request Council s approval for the preparation of a Report on the environmental conditions within the Zavitz and Outlet Municipal Drains, and to further seek Council s approval to authorize the appointment of Water s Edge Environmental Solutions of Cambridge, Ontario as the Consultant for this report at a cost of $16,800 (including 5% G.S.T.). Analysis Background Administrative Report IS dated November 1, 2004 introduced a petition by residents within the Baer, Zavitz and Schooley Drain watersheds requesting maintenance and a relocation of the existing Schooley Drain. After the appointment of the Drainage Engineer by Council, it was identified that the Outlet Municipal Drain was in need of cleaning. Administrative Report IS dated March 3, 2008 outlined the background on the Baer, Schooley, Zavitz and the Outlet Municipal Drains. A copy of this report can be obtained in the Engineering Department. As discussed in the previous report, the recommendations from K. Smart and Associates was to split the Baer, Schooley, Zavitz and Outlet Municipal Drains into three distinct projects. Since the last report, Town staff have prepared a Request for Proposal (RFP), requesting Engineering Services for the Baer Municipal Drain and an Environmental Proposal for the Zavitz and Outlet Municipal Drains. The Zavitz Municipal Drain extends beyond the limits of the Town of Fort Erie into the City of Port Colborne. The City of Port Colborne have an interest in this project, as this is their main outlet for their residents. The City of Port Colborne will be notified on Council s decision on the appointment of Water s Edge Environmental Solutions. There have been several meetings with various environmental agencies on this project, identifying the work which is required to provide drainage for the upstream landowners. The Niagara Peninsula Conservation Authority (NPCA) and the Department of Fisheries and Oceans (DFO) are the main governmental agencies who have issues with this project. New legislation under the Conservation Authorities Act is required to be addressed on this project. The NPCA legislation has jurisdiction over wetlands. Several areas within this project area are designated provincially significant wetlands and these areas will need to be addressed under the Conservation Authorities Act. The DFO have taken a strong position in protecting sections within the Baer, Schooley, Zavitz and Outlet Drains. Some of the concerns are listed below: Species at Risk Protection of the Grass Pickerel This legislation is federally and provincially governed and is administered by the DFO and Ministry of Natural Resources.

3 Infrastructure Services Department Page 3 of 5 Report No. IS DFO is not willing to approve the Outlet Drain to proceed without having an Aquatic Biologist provide further information or a protection strategy on how the habitat and fish communities will be protected. To date, DFO has not approved any design and is not willing to let this project continue downstream from its current location at Highway 3. Further investigation has revealed new information on this section of the creek as being a Municipal Drain. Review of Request For Proposal for the Baer Municipal Drain The identified costs for this proposal was estimated at $10,000 excluding 5% G.S.T. This project was advertised in local newspapers and proposals were received at the Municipal Centre up to 2:00 p.m. on Wednesday, April 23, 2008; and were publicly opened in Meeting Room No. 3 immediately thereafter. Three (3) proposals were received as follows: TABLE 1 Avalon Engineering Beacon Environmental Water s Edge Environmental Solutions Project Cost GST Total Costs (including 5% GST) Evaluation Ranking $15, $ $15, $15, $ $15, $15, $ $15, Table 1 above, outlines the positioning of the Engineering Firms as evaluated by the evaluation team using the criteria as set out in the Request for Proposal. The Water s Edge Environmental Solutions submission met all of the criteria of the RFP, however the submissions from Avalon Engineering and Beacon Environmental had several exclusions of the works required. These exclusions would increase the costs of the project on an overall basis. The technical details are included in all of the Proposals submitted to the Town of Fort Erie. Water s Edge Environmental Solutions of Cambridge, Ontario, submitted the most cost effective proposal at a price (including 5% G.S.T. and $1,050 in disbursements if required) of $16, They are an experienced Environmental Engineering Firm that has some municipal drainage experience. This firm s proposal offered a very detailed agenda for the environmental works on the Outlet and Zavitz Municipal Drains. Financial/Staffing Implications Under the provisions of the Drainage Act, the costs of maintenance on the Municipal Drains and for updating the existing Engineer s Report will be assessed against all benefiting landowners and Road Authorities within the drainage area.

4 Infrastructure Services Department Page 4 of 5 Report No. IS All tender and construction work will be coordinated and supervised in-house by the Town s Drainage Superintendent with assistance from the Infrastructure Services - Engineering and the Clerks Department Staff. Funding Requirements Costs must be front-end financed by the Town of Fort Erie, and apportioned as per the assessment schedules of the Engineer s Report, and invoiced to the benefiting landowners and Road Authorities within the Baer, Schooley, Zavitz and Outlet Drain watersheds. The costs are usually recovered, with interest, through tax billing, usually over a five-year period on normal drainage works. This report is necessary to continue with this drainage project and this environmental report may form part of the costs to the Municipalities and not directly to the landowners. Staff are working closely with the Ministry of Agriculture on this issue. Funding has previously been budgeted to provide $107, for the updating of the Engineer s Report and the preparation of tender document for all four (4) municipal drains. (Baer, Schooley, Zavitz and Outlet Municipal Drains). Currently there is $16,700 in the Outlet and Zavitz Drain accounts, OUTD and ZAVI. This is sufficient funding to cover the environmental costs. The environmental costs outlined in the RFP are only to identify the work required to be able to continue with the finalizing of the Engineer s Report for the Outlet and Zavitz Municipal Drain. The complexity of work required to complete an environmental appraisal is difficult to estimate, as the scope of work is unknown. There may be additional work required which will be identified in a future administrative report to Council for their approval of the extra costs. Policies Affecting Proposal By-law No adopted Council s Corporate Strategic Plan. (Improve water flow in ditches and reduce surface flooding D5). Under the Drainage Act, the Town of Fort Erie is obligated to maintain drains that have been previously constructed under by-law through the Drainage Act. The cost of maintenance is to be assessed to the benefiting landowners and Road Authorities in the watershed. The anticipated future maintenance work will follow the Town of Fort Erie s Purchasing and Tendering Policy adopted by Council by By-law Comments from Relevant Departments/Community and Corporate Partners Comments or concerns have been received through consultation with affected landowners, government ministries, agencies and interested parties within the Baer, Schooley, Zavitz and Outlet Watershed and will be considered by the engineer throughout the preparation of the new Engineer s Report for the Baer, Schooley, Zavitz and Outlet Municipal Drains.

5 Infrastructure Services Department Page 5 of 5 Report No. IS Alternatives Should Council decide not to proceed with this environmental report, this project will not be able to move forward to complete an Engineer s Report for the Zavitz and Outlet Municipal Drain. Port Colborne could appeal to the Ontario Drainage Tribunal to force the Town of Fort Erie to do what would be necessary to move the drainage project forward. Conclusion 1. Engagement of Water s Edge Environmental Solutions Team in the amount of $16, including 5% G.S.T. to provide an Environmental Report on the Zavitz and Outlet Municipal Drain. 2. In the event no headway is made with the DFO, a further administrative report will be required to be submitted to Council for consideration outlining available options. 3. The City of Port Colborne will be informed on the steps taken to move this project forward by the Town of Fort Erie on the Outlet and Zavitz Drains. Attachments Appendix A Map showing Baer, Schooley, Zavitz and Outlet Municipal Drains And Proposed Outlet Extension.

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