Comité des finances et du développement économique
and Council / et au Conseil
24 April 2012 / le 24 April 2012
Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d’infrastructure et Viabilité des collectivités
Infrastructure Services / Services d'infrastructure
(613) 580-2424 x16002, Wayne.Newell@ottawa.ca
That the Finance and Economic Development Committee recommend Council approve that staff undertake the construction works for soil remediation and the relocation of the Horticulture Building as described in this report, to be funded through the advancement of $12.6 million of existing capital authority to the 2012 spending plan.
Que le Comité des finances et du développement économique recommande au Conseil d'approuver que le personnel entreprenne les travaux de construction en vue des mesures correctives du sol et du déplacement de l'Édifice de l'horticulture, selon ce qui est décrit dans le présent rapport, travaux à financer au moyen d'une avance au plan des dépenses de 2012 d'un montant de 12,6 millions de dollars sur le crédit d'immobilisation existant.
At its meeting of 25 August 2011, Council approved a project schedule and spending plan for Stage 2 of the Lansdowne Partnership Plan project. The schedule contained a number of elements that were recommended to be undertaken prior to legal close of the partnership, including:
· Removal of contaminated soils; and,
· Acquisition of the steel and related speciality equipment required for the relocation of the Horticulture Building.
The 25 August 2011 Council report (Ref N°: ACS2010-CMR-REP-0027) noted that proceeding with these tasks before the legal close of the partnership would result in expenditures occurring earlier, but would not result in an overall increase in the approved budget.
The 25 August 2011 Council report identified that the existing areas of contaminated soils will be handled in accordance with Ministry of Environment (MOE) policies and regulations. It was noted that these areas on the northern portion of the site will ultimately be excavated for construction of the parking garage and relocated to create the berm adjacent to the stadium. It was recommended that the City proceed with this relocation work by the spring of 2012, whether or not the legal close of the partnership had been finalized, in order to respect the timelines agreed to with the MOE related to the Record of Site Condition. The cost to commence the soil remediation prior to the legal close of the partnership was projected to be $400,000 and it was noted that this cost was included within the Council-approved budget for the Lansdowne redevelopment.
The 25 August 2011 Council report also recommended that ordering of steel and equipment required for relocation of the Horticulture Building is undertaken prior to the legal close of the partnership in order to minimize the impact on the parking garage construction schedule. A financial commitment of $1 million was estimated for this work, and it was noted that this cost was included within the existing Council approved budget for the Lansdowne redevelopment.
Council received an update on these expedited tasks at its meeting of 22 February 2012. This update indicated the City has worked with the MOE to establish a process for addressing the existing impacted soil and environmental considerations on site, and that the project team was finalizing the strategy for the removal of contaminated soil. It also indicated the City’s Supply Branch completed the tendering process for the steel for the Horticulture Building in preparation for relocation.
A detailed update and description of the proposed relocation and adaptive reuse of the Horticulture Building is outlined in the 22 February 2012, Lansdowne Urban Park, Aberdeen Pavilion and Horticulture Building Programming Plan report (Ref N°: ACS2012-CMR-OCM-0002).
The 25 August 2011 Council report identified a project schedule in which stadium construction and major garage excavation would begin in June 2012. The report also outlined the litigation process involving the Friends of Lansdowne Inc. (FOL) legal challenge.
The purpose of this report is to recommend that Council approve the commencement of construction work prior to the legal close (i.e. the closing of the project agreements and the commencement of Stage 3 – Construction) of the Lansdowne Partnership Plan (LPP) agreement, which the City will need to complete in order to address the environmental issues on the Lansdowne site, regardless of the outcome of the FOL appeal. This work would be funded within the existing capital authority for the Lansdowne redevelopment. Approval of the recommendation in this report does not constitute the legal close of the LPP, nor does it have an impact on any or all of the conditions precedent in favour of the City approved on 28 June 2010.
The City is proceeding with its negotiations with the Ottawa Sports and Entertainment Group (OSEG) for the next stages of the LPP. The Ontario Court of Appeal has not yet rendered a decision on the Friends of Lansdowne Inc. appeal. As such, the City is unable to finalize the Agreement with OSEG for the Lansdowne Partnership Plan and recommends to Council that the City move to Stage 3 – Construction, until legal action related to this appeal has been finally resolved. The timing of the Ontario Court of Appeal decision is unknown although an order was obtained on 19 September 2011, which provided that the appeal be expedited. On 30 March 2012, legal counsel for the City wrote to the Senior Legal Officer of the Court asking when a decision might be expected. No answer has been provided.
Briefly, on 28 June 2010, Council approved the Lansdowne Partnership Plan and Implementation report (Ref N°: ACS2010-CMR-REP-0034) authorizing staff to proceed with Stage 2 of the revitalization of Lansdowne. Council also directed staff to proceed with the implementation of the LPP through the initiation of the required planning approval processes and the finalization of the necessary project agreements pursuant to delegated authority.
The approved process included the three major components of the redevelopment being brought together into a single Integrated Site Plan through the City’s two stage site plan approval process. Stage 2 is now nearing its conclusion with the issuance of tender documents and the preparation of the necessary material to seek the various permits required for construction and the closing of the project agreements.
As directed in the 28 June 2010 Council report, the tender for competitive pricing of the construction of the Stadium, Garage and Site Services has been issued by OSEG, on behalf of the Lansdowne Partnership, to pre-qualified general contractors. Preliminary submissions have been received from three general contractors: PCL Constructors Canada Inc., EllisDon Corporation and Pomerleau. The tender is currently scheduled to close in early May 2012 and will be valid for a 90-day irrevocable period.
A Fairness Commissioner has overseen the OSEG tendering process as has City staff from the Infrastructure Services Department and the Office of the Chief Procurement Officer.
With the delay on a decision from the Ontario Court of Appeal, it is recommended that specific works proceed, in accordance with the schedule for the Lansdowne Partnership Plan project, to reduce adverse schedule impacts and to contain costs that might otherwise be caused by this delay. These works would be recommended to be undertaken by the City in any case, and consist of the following:
Works not included in current tender and proposed to be undertaken by staff:
· Horticulture Building relocation $5.0 million
· Initiation of adaptive re-use of Horticulture Building $1.3 million
· Other related works, e.g. relocation of memorials from site $0.2 million
Estimated total cost of works not included in tender $6.5 million
Works included in current competitive tender issued by OSEG:
· Excavation of soils and placement in berms, including
remediation of contaminated soils $1.9 million
· Coliseum Building asbestos abatement and demolition $0.6 million
· Horticulture Building foundation construction $3.8 million
· Other related works, e.g. site servicing, removals, utilities $1.2 million
Estimated total cost of works included in tender $7.5 million
The extensive design work undertaken through the Stage 2 Site Plan approval process confirms that the site for the relocation of the Horticulture Building is the best location for the building’s future adaptive reuse. The relocation site ensures prominent visibility along the Rideau Canal corridor and strengthens the profile of this important heritage asset on the site enables integration with and support for the proposed park programming; and provides an effective transition between the mixed-use area and the urban park.
The relocation of the Horticulture Building is being coordinated by CDS Building Movers. The relocation at this time is recommended as it permits cost effective removal of contaminated soils beneath and adjacent to the building and relocates the building to the right location to permit appropriate development of the site. The demolition of the Coliseum Building is also required to complete contaminated soil excavation as these soils are located beneath and immediately adjacent to the building.
The total estimated construction cost of all these works is $14.0 million which is inclusive of project management fees and contingencies. These costs are also inclusive of $1.0 million for the Horticulture Building relocation pre-works and $0.4 million for contaminated soil remediation as approved by Council at its meeting on 25 August 2011. Therefore, an increase in the current spending authority of $12.6 million within the existing capital authority for the redevelopment of Lansdowne is required to complete these works.
The estimated cost of these works is included in the overall Council-approved Stadium, Garage and Site Servicing capital authority of $129.3 million and Urban Park capital authority of $37.5 million.
The OSEG tender has been prepared to allow the above-described soils excavation and remediation, demolition and foundation construction works to be bid as a separate package and to proceed prior to the award of the main stadium and garage construction works, with Committee and Council approval. This separate package would be managed by the City.
Works not included in the OSEG tender will be managed by the City by the award of separate contracts in accordance with City’s Purchasing By-law and procurement practices.
If Council approves the staff recommendation for these construction works, they are scheduled to be completed by 30 November 2012. This includes the move of the Horticulture Building, although it should be noted that structural works to stabilize the relocated Horticulture Building will be ongoing until early March 2013.
It is anticipated that the MOE will post a Certificate of Property Use (CPU) by mid-May. The CPU will establish the risk management measures approved by the Ministry of the Environment regarding the contaminated soils on the Lansdowne site. The CPU will be posted for a minimum of 30-days, during which time the public will have the opportunity to provide comment. The City will not issue a Commence Work Order until such time as the CPU has been approved by the MOE.
The City retains the right to award the contract of the excavation of soils, within 90-days of the tender close, and a Commence Work Order is required before the contractor can begin the excavation. The timelines to complete the work by the end of November take into consideration the time required to obtain the MOE approval of the Certificate of Property Use.
Obtaining Council approval for these construction works at this time not only reduces schedule impacts caused by the delay in the decision from the Ontario Court of Appeal, but is also necessary to respect the timelines agreed with the MOE related to the Record of Site Condition and relocation of soils, as noted in the 25 August 2011 report to Council. This construction work is beneficial to the City as a stand-alone project as it is relevant to, and permits flexibility for all possible redevelopment scenarios for Lansdowne Park.
As part of these works to be undertaken, staff will have to consult with and incur costs for MHPM Project Managers Inc. (MHPM), since the works that are proposed to be undertaken are a part of the larger project and it is essential to ensure proper coordination and sequencing of all of the work for the LPP. These additional costs are included within the overall funding request in this report. MHPM were selected through a competitive process undertaken by OSEG, and they have been involved in managing all aspects of the current OSEG tender.
MHPM are also on the City’s Standing Offer list for project management services. Therefore, they have previously successfully competed for the right to provide such services to the City through a call up under the Standing Offer.
As indicated earlier, approval of this report does not constitute the legal close of the LPP and does not limit Council’s discretion in that regard should any or all of the conditions precedent in favour of the City and approved on 28 June 2010, not subsequently be met.
There are no rural implications related to this report
Extensive consultation has been undertaken over the last two years for the Lansdowne Partnership Plan project and has been captured in previous Lansdowne reports.
In addition, a community meeting was held on 21 March 2012 at St. Giles Presbyterian Church to provide the community with the details of the Risk Management Plan (RMP) that has been submitted to the MOE as part of the Risk Assessment approval process for the contaminated soils at Lansdowne. The RMP details how the berm will be constructed and the implementation measures to ensure no adverse effects associated with the contaminants present on the site.
This meeting was attended by Ward Councillor Chernushenko, a representative from MPP Yasir Naqvi’s office and approximately 30 participants.
Ongoing Consultation Activity
Consultation with community associations, residents and agencies concerning the Lansdowne Partnership Plan is ongoing as described in the 22 February 2012 report.
Updated information remains available through Ottawa.ca.
COMMENTS BY THE WARD COUNCILLOR
Councillor Chernushenko is a member of the Lansdowne Design Review Panel (LDRP). The Councillor has been apprised of the specific recommendations contained in this report.
For the reasons set out hereafter, there are no major legal impediments to implementing the recommendation in this report. Legal Services has been consulted in the preparation of this report and has been involved throughout the Lansdowne Partnership Plan (LPP) Implementation. Although the Court of Appeal has not yet rendered its decision in the Friends of Lansdowne Inc. litigation, the lower court decision of the Superior Court of Justice at Ottawa found in favour of the City and upheld the structure and legality of the LPP. Further, the Divisional Court in Toronto recently dismissed the legal challenge brought by the Lansdowne Park Conservancy against the City and, hence the LPP, as an abuse of process. In light of the above and the benefits to the City of the proposed work irrespective of whether the LPP closes, should Council wish to move forward with the work to preserve its options and to contain costs, Legal Services is of the opinion that staff has recommended a credible and permissible contingency plan for approval.
RISK MANAGEMENT IMPLICATIONS
There are risk implications. These risks have been identified and explained in the report and are being managed by the appropriate staff.
There are no financial implications with the approval of the recommendation in this report. The estimated cost of these works is included in the overall Council-approved Stadium, Garage and Site Servicing capital authority of $129.3 million and Urban Park capital authority of $37.5 million.
Accessibility impacts of the Lansdowne Partnership Plan have been outlined in the 22 February 2012 Council report.
There are no additional accessibility impacts resulting from the works described in this report.
There are no technology implications on Corporate infrastructure, resources and security related to this report.
Partnership Plan and revitalization initiative relates to the following
Strategic priorities of Council:
Objective: Promote Ottawa Globally - Revitalized Lansdowne provides an Ottawa venue for hosting major sporting and cultural events.
Transportation and Mobility
Objective: Promote alternative mobility choices - A key element of the Lansdowne revitalization is putting in place a comprehensive and aggressive Transportation Demand Management (TDM) program to encourage and promote use of sustainable transportation for day to day activities and for events.
Objective: Improve stormwater management - The Lansdowne revitalization will provide for significantly improving the manner in which stormwater flows into the City system, decreasing storm runoff, improving the quality of storm flow to the canal and providing for use of storm water for site irrigation.
Objective: Reduce environmental impact - The Lansdowne revitalization will make effective use of an existing urban site to accommodate a mix of uses, increase greenspace and revitalize a major city facility, thus reducing the environmental impacts of growth outside the urban area.
Healthy and Caring Community
Objective: Improve parks, recreation, arts and heritage - The revitalization program provides for re-establishing Lansdowne as a significant urban place that is grounded in the site's history. It provides for improving opportunities for sporting and cultural endeavours with a re-purposed stadium and a significant urban park to accommodate events and for day-to-day community use.
Governance, Planning and Decision Making
Objective: Make sustainable choices - The decision to revitalize Lansdowne in a way that recaptures its sense of place and positions it to once again become a dynamic urban place will improve economic health, cultural vitality and environmental responsibility.
Subject to Council approval, staff will implement the recommendation as outlined in this report.