Report to: Development Services Committee                            Date of Meeting: May 20, 2008

 

SUBJECT:                          Birchmount Road Extension - 14th Avenue to Enterprise Drive - Project Update

 

PREPARED BY:               Lloyd Fernandes, Senior Capital Works Engineer

                                            Allan Arbuckle, Manager of Infrastructure & Capital Works

                                           

 

RECOMMENDATION:

 

THAT the report dated May 20, 2008, entitled “Birchmount Road Extension 14th Avenue to Enterprise Drive – Project Update” be received;

 

AND THAT the tendering process for the relocation of existing utilities, include design review and construction coordination services, be waived in accordance with Purchasing By-Law 2004-341 Part II, Section 7 (2).

 

AND THAT staff be authorized to issue Purchase Orders to the various utility companies for the relocation of their existing facilities up to a total value of $1,500,000 exclusive of GST to be funded from Capital account # 83-5350-8047-005;

 

AND THAT staff be authorized to retain Totten Sims Hubicki to provide design review and construction coordination services for the relocation of the existing utilities in an amount not to exceed $36,200 exclusive of GST to be funded from Capital account #  83-5350-8047-005

 

AND THAT staff be authorized to increase the value of the contract with Totten Sims Hubicki in accordance with Purchasing By-Law 2004-341, Part II, Section 7 (1) (c) which states “when the extension of an existing contract would prove more cost-effective or beneficial” to include additional detailed designs, field surveys and geotechnical investigations required by CN Rail in an amount not to exceed $65,000 exclusive of GST to be funded from Capital account #83-5350-7629-005.

 

AND THAT staff be authorized to increase the value of Purchase Order P6-00159 to CN Rail for the cost of CN Rail’s  peer review of the bridge design and consulting engineering costs for the design of the track diversion in an  amount not to exceed $25,000 excluding GST.to be funded from Capital account #83-5350-7629-005.

 

AND THAT staff be authorized to pre-qualify contractors for the construction of the second phase of the Birchmount Road extension project including the construction of the CN Rail underpass structure.

 

AND THAT upon payment of all the invoices, any remaining funds be returned to the original funding source;

 

AND THAT staff be authorized and directed to do all things necessary, including the execution of documents, to give effect to the above.

 

 


1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 


PURPOSE:


 

The purpose of this report is to update Council on the current status of the Birchmount Road extension project and to obtain authorization to proceed with the relocation of utilities in advance of tendering of the road and grade separation contract. Staff is also requesting approval of an extension of the scope of the design consultant’s contract to include design review and construction coordination services relating to the relocation of utilities and for additional design work required to respond to requests for additional information by CN Rail. 

 


 

BACKGROUND:


Birchmount Road is a four lane major collector roadway which currently ends at 14th Avenue. The road continues north from 14th Avenue as Teckbridge Drive terminating at Royal Crest Court as shown on Attachment “A”. Construction of the first phase of the project, the construction of Birchmount Road between Enterprise Drive and the CN rail line including the relocation and upgrading of the existing stormwater management pond, began in May of 2007 and is scheduled to be completed in September 2008. There have been a number of contractor performance issues relating to the construction of the first phase of the project which will be discussed in a separate confidential report.

 

The design and approval of the second phase of the work is nearing completion and the project is scheduled to be tendered in October of 2008 with construction to start in the spring of 2009 subject to the resolution of the phase 1 contractor issues. Based on a spring 2009 start date, the road is scheduled to be open to traffic by October 2010.


 

OPTIONS/ DISCUSSION:


Utility Relocations

There are a number of existing utilities installed within the  road allowance of Birchmount Road between 14th Avenue and the CN Rail line that require relocation to accommodate the road construction. To reduce the possibility of conflicts between contractors and subsequent extra work and delay claims, staff is proposing to commence the utility relocation work in advance of tendering the road and grade separation contract. The Town has signed Municipal Access Agreements with the utilities which define the responsibilities of each party relating to the sharing of relocation costs. The utility companies are currently at various stages in preparing the designs and cost estimates for their individual relocation works. To expedite the relocation process, staff is requesting approval to issue Purchase Orders to the various utility companies as their relocation plans and cost estimates are finalized. The Town’s share of the relocation costs will be determined by the terms of the Municipal Access Agreements with the various utilities and the total value of Purchase Orders issued will not exceed the $1.6 million for utilities relocations included in the approved 2008 Capital Budget.

 

The Town’s design consultant, Totten Sims Hubicki, will be required to review the relocation plans of each utility company to ensure that there are no potential conflicts with the proposed road works and to coordinate the scheduling of the utility construction. This review and coordination work is beyond the scope of services included in the current agreement with the Town’s design consultant and staff are therefore requesting that the existing contract be extended to include this additional work at a cost not to exceed $36,200 exclusive of GST.

 

CN Rail Issues

Staff had previously reported to Council in January 2007 that CN had taken the position that the tendering, inspection, contract administration and project management of the Birchmount Road underpass structure was to be carried out by CN staff with the Town responsible for the total cost of the work.  CN’s position was considered unacceptable as this arrangement would have left the Town without the ability to exert any effective control over the operations of contractors which has led in the past to the Town incurring significant additional costs in the form of design changes, construction cost overruns and scheduling delays. Since January of 2007, staff has continued to negotiate with CN Rail to reach an agreement which would  allow the underpass structure construction be included as part of the Town’s Birchmount Road construction contract with the Town providing inspection, contract administration and project management for the project. Under this arrangement, CN Rail would have the right to approve the Town’s consultant and contractor involved in the bridge construction and to retain an independent engineering firm at the Town’s expense to provide quality control/quality assurance services directly to CN to ensure the railway’s standards are met. These negotiations have now been successfully concluded and a draft Agreement which allows the Town to construct the underpass structure and assume overall responsibility for the project including cost and scheduling control has been prepared. Staff is currently finalizing the terms of this agreement in consultation with the Legal Department and CN Rail and expects the agreement will be executed within the next 2 to 3 months. In January 2006, Council authorized the Mayor and Clerk to enter into this agreement in a form satisfactory to the CAO and Town Solicitor.

 

As a condition of agreeing to permit the Town to undertake the construction of the project, CN has requested that additional design information be prepared and submitted for their review and approval. This work, which includes additional geotechnical investigations and railway diversion designs, is beyond the scope of services included in the current agreement with the Town’s design consultant and staff is therefore requesting that the existing contract be extended to include this additional design work at a cost not to exceed $65,000 exclusive of GST. CN Rail has indicated they will also incur additional costs for the peer review of this additional information and staff is recommending that the existing Purchase Order issued to CN be increased by $25,000 excluding GST.

 

Prequalification of Contractors

CN Rail requires that the construction of the railway underpass be undertaken by contractors experienced in the construction of rail carrying structures located in close proximity to active rail lines. Given this requirement and the technical and scheduling complexities of constructing the grade separation structure and associated retaining walls and relocating large diameter storm sewers within a confined work area while maintaining access to the adjacent industrial/commercial properties, staff is recommending that contractors for this project be pre-qualified to submit tenders. 

 

Property Acquisition

All properties required to construct the second phase of the project have been acquired.

 

Project Schedule

The tendering of the second phase of the Birchmount Road extension project cannot proceed until the phase 1 contractor issues have been resolved and the construction of the first phase is completed.  Based on a scheduled phase 1 completion date of September 2008, the current schedule for the second phase is;

·        Utility relocation – June 2008 to October 2008

·        Prequalification of contractors – September 2008

·        Construction contract tender call - October 2008

·        Tender award – January 2009

·        Construction start – March 2009

·        Construction complete – October 2010


 

FINANCIAL TEMPLATE:


Funding for the additional consulting services and the utility relocations described in this report are included in the approved Capital Budget

 

Item

Value

Account #

Utility Relocations

Available Budget

Awards

- utility companies relocation

- design review by Totten 

   Sims Hubicki

Total request

 

Balance remaining after award

 

$1,612,500

 

$1,500,000

 

$     36,200

$1,536,000

 

$     76,500

 

83-5350-8047-005

 

 

 

 

Balance remaining after award to be transferred to phase 2 construction account after completion of utility relocations

Detail Design CN Rail

Available Budget

Awards

- additional design information

   by Totten Sims Hubicki to

   address CN issues

-  additional CN peer review

Total request

 

Balance remaining after award

 

$1,020,050.57

 

 

 

   $     65,000

   $     25,000

   $     90,000

 

   $ 930,050.57

 

83-5350-7629-005

 

 

 

 

 

 

Balance remaining after award to remain in account for  phase 2 construction

 

 


 


BUSINESS UNITS CONSULTED AND AFFECTED:

The Finance and Legal Departments have reviewed this report and their comments have been included.

.

 

 

 

RECOMMENDED BY:

 

 

 

 

________________________                                    ________________________

Alan Brown, C.E.T.                                                      Jim Baird, M.C.I.P., R.P.P.

Director of Engineering                                     Commissioner, Development Services


 

ATTACHMENTS:


Attachment “A” – Site Location