KENILWORTH – Work on a Wellington North drain needs to be re-tendered after delays in obtaining a permit from the Ministry of Transportation (MTO).
Robinson Farm Drainage (RFD) Limited was set to complete work on the George Kirkness Drain last year, with the township accepting its $340,546 bid for the project, which involves deepening and widening the drain, which includes a new pipe under Highway 6 at the intersection with Sideroad 2 East / Sideroad 2 West.
The township budgeted $530,470 for the work.
An encroachment permit application was initially submitted to the MTO in August 2023, and several months after that the ministry informed township engineers that a geotechnical report was required.
That report was completed this June.
But long before its completion, in July 2024, RFD informed the township it would not be able to rearrange its work schedule to accommodate the delay in obtaining the permit.
According to a report from township staff, “At that time it was felt by the engineers and staff that re-tendering the project would create further delays and expenses, so council authorised that RFD commence work on the project as soon as possible, remove their equipment after partial completion and remobilize their equipment to complete the project as permits are issued.”
But work on the project never began.
And on June 17, in the same month the geotechnical report was completed, RFD withdrew from the project and asked for its $34,054 certified cheque deposit to be returned, along with $3,066 in interest.
This terminates the contract in its entirety.
RFD officials describe the interest charge as fees incurred for “maintaining certified cheque, tender deposit for an excessive amount of time.”
Staff are set to negotiate the interest amount with RFD.
Drainage engineer Thomas Jackson said the interest should be covered by the MTO as it is due to its delay.
In a letter informing the township of its withdrawal, RFD owner Karl Robinson stated, “This project has been unable to commence, due to conditions outside of our control. These conditions have been brought up multiple times, with no solutions being met. Therefore we have no choice but to withdraw from the project.”
Township staff and engineers agree that “it is unfair to expect RFD to complete the project at the tendered amount provided in January 2024.”
Staff anticipate new tender submissions to be at least 33% above the engineer’s initial estimate, meaning the tender will return to council for approval.
Staff recommend two tenders be issued – one for work in the Highway 6 right of way and another for the drain work.
Jackson told the Advertiser that the MTO permit has now been approved and that the re-tendering would be done in September.
He said the plan is to complete the work on the right of way in winter and the drainage construction in spring.
The township’s share of the drain project is expected to be about $124,000, with landowners and the Ministry of Transportation paying the rest.
