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Home My WebLink AboutINS-14-023 - Blair Creek Drive Bridge - Consultant Selection Staff Rep►�►r I r Infrastruc�ture5ervrresDepartment wvwuukitchenerra REPORT TO: Community and Infrastructure Services Committee DATE OF MEETING: February 24, 2014 SUBMITTED BY: Chris Spere, Manager, Construction Engineering, 519-741- 2200 Ext. 7412 PREPARED BY: Chris Spere, Manager, Construction Engineering, 519-741- 2200 Ext. 7412 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: January 22, 2014 REPORT NO.: INS-14-023 SUBJECT: Blair Creek Drive Bridge - Consultant Selection RECOMMENDATION: That the selection procedures for the selection of Consulting and Professional Services as outlined in Chapter 170, Article 6, of the Purchasing Bylaw be waived and the Engineering Services for the Design and Contract Administration for the new Blair Creek Bridge be awarded to MTE Consultants Inc. at their quoted price of $491,714.30 (HST excl.) BACKGROUND: The City's 2004 and 2009 Development Charge Background studies had identified the need to establish a bridge along Blair Creek Drive to connect between the Stauffer Wood Subdivision Stages 1 to 4. Blair Creek Drive is also one of the east to west collector roads used to convey the traffic from the surrounding subdivisions to the arterial roads. As part of the Ontario Municipal Board hearing for the Doon South Community Plan Phase 2, the developer completed an Environmental Study Report (ESR) for the Doon South Phase 2, Official Plan Amendment Area, and Collector Road in November 2008. This document recommends a bridge be built over Blair Creek (reference, Appendix A, Blair Creek Drive — Bridge Location) to provide an appropriate connection between the subdivisions to support the traffic network within this area. Activa Holdings Incorporated, is initiating the development of Stauffer Woods subdivision, 30T- 08203, within the Doon South area. These lands are considered as a Schedule "B" priority in the City of Kitchener Growth Management Plan. In accordance with the OMB process, "Blair Creek Drive Bridge" shall be constructed, as required for the development of this plan to the satisfaction of the City's Director of Engineering Services. It is acknowledged that these works, including design expenses, are included in the City's Development Charge By-law 2009-091, as amended, and the City shall be responsible for 100% of the cost of these works. 6 - 1 A new public elementary school is planned to open at the start of the 2016/2017 school year. To meet this timing construction of the school will need to begin in September 2015. Supporting Municipal infrastructure will need to be in place prior to the issuance of building permits and the start of construction of the school. REPORT: Through the developer of the Stauffer Woods subdivision, Activa Holdings Incorporated, the City has been requested to waive the conditions of Chapter 170, Article 6 of the Purchasing Bylaw and retain the services of MTE Consultants Inc. to complete the detailed design of the new Blair Creek Bridge and provide contract administration and construction inspection during the construction of the new bridge. In support of this request, in November 2013, Kitchener Council approved the Credit Refund Agreement between Activa and the City. Clause 5.2 of this Agreement states that the City agrees to consult with Activa for the purposes of exploring potential cost efficiencies as well as the ability for Activa to design, tender and construct the Blair Creek Bridge as part of the Subdivision Agreement. MTE Consultants has been the Engineer of Record to date for Stauffer Woods; as such they have completed the background studies and engineering work of which this project scope is based. All other infrastructure works related to Blair Creek Drive and Stauffer Woods are being completed by MTE Consultants. The Blair Creek Drive Bridge forms part of the subdivision plan for purposes of the subdivision agreement. The Waterloo Regional District School Board requires Blair Creek Drive to be constructed prior to the opening of a new school located in the Doon South area of Kitchener. This new school is required to alleviate overcrowding issues within the existing area public schools. Construction of the new school is scheduled to begin in September of 2015 and be complete for an opening at the start of school in 2016. To meet these proposed dates, all efficiencies to expedite permitting and construction schedule of Blair Creek Drive Bridge must be taken advantage of. Securing the necessary permits to complete this project is expected to be the most significant schedule delay and potential issue. A Permit to Take Water from the Ministry of Environment will be required to facilitate dewatering during construction. This project is located within the GRCA Regulated limits; as such a permit from GRCA will be required. The most significant permit in terms of length to secure will come from the Ministry of Natural Resources as it relates to the identified species at risk mapped within the project limits. This permit could take in excess of 12 months to secure. The required Ministry of Natural Resource permitting is interrelated with the storm and grading components of the subdivision and the bridge design and construction. Selecting MTE facilitates one MNR permit application with Activa, the proponent. Activa is the appropriate proponent given likely compensation issues. Similarly, the bridge design and construction is interrelated with the road, grading, servicing and utilities for Blair Creek Drive. The bridge construction can be interrelated with the erosion/sedimentation control and monitoring of the subdivision. Construction of the bridge abutments and foundation is expected to be located within the mapped species at risk limits, as such; this construction will be limited to windows that are favourable to the specific species. In this case, construction is expected to be permitted to 6 - 2 occur between November 1 st and March 1 st. Ecological compensation will likely be required for lost habitat related to the construction of the bridge, Activa as the owner of the entire site is in a position to easily facilitate anticipated compensation through the enhancement or creation of additional habitat in close proximity to the bridge. As MTE is the Consultant for the developer, considerable efficiencies will be realized through collaborative work shared between the bridge and the road works required for the subdivision. These efficiencies will not only compress the project schedule, but eliminates the duplication of work and thus provides a cost savings for all parties involved in this project. MTE's fee proposal was reviewed and compared to similarly scoped projects recently undertaken by the City and was found to be in line with the costs expected and budgeted for this project. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The Blair Creek Drive Bridge is aligned with the City of Kitchener Strategic Plan (refer to Strategic Plan document, Community Priorities — Development, sections 1 & 3). Further, this project is also one of the priority projects identified in the Kitchener Growth Management Plan, as it provides service to lands identified as Priority B. FINANCIAL IMPLICATIONS: This project is currently listed in the capital budget in the 2022; however the timing has been accelerated per approved report INS-13-103 Blair Creek Drive Bridge — Credit/Refund Agreement Request. The following is a financial summary of what was approved based The total preliminary estimated cost of the Blair Creek Bridge is $3.75M. This cost estimate includes the following items: Engineering fees ($0.60M or 15% of the project cost) • Consultant fees for detailed design and contract administration; • Cost for City staff including project management, tender advertisement, permit fees and administration; • Consultant cost for geotechnical and hydrogeological investigation, material testing, etc. Blair Creek Drive Bridge Construction ($3.15M) • Two lane bridge construction. The developer will provide the funds in two stages: • Engineering fees ($0.6M) to be submitted to the City as soon as the credit/refund agreement has been approved by City Council. The City will go through the normal purchasing process to select the consultant for this project, including a contract which will be awarded by City Council. • Construction funds ($3.15M) to be submitted to the City once the detailed design is completed, but before the City tenders the construction work. The City will go through the normal purchasing process to select the construction company for this project, including a contract which will be awarded by City Council. Once the City completes the tender process, but before the tender is awarded, the developer may be required to top up the funds for this 6 - 3 stage of work if the tender costs are higher than expected. If the costs are lower than expected, the unnecessary funds will be returned to the developer before contract award. If during construction any unforeseen things happen and sufficient funds are not available in the project to cover this cost, the developer is responsible to provide the funds required to complete the project. The City will provide the developer 3 weeks' notice to provide the funds. Capital Costs The capital costs for this project will be borne by the developer. In accordance with Council Policy I-537 (Development Charges Credit/Refund Agreements), the City will reimburse the developer through development charge credits and refunds for significant growth related capital items that are advanced by the developer. Policy I-537 allows developers to proceed with such projects and be reimbursed by the City through crediting, in this case, the sanitary portion of the Development Charge payable upon the issuance of the building permit. Policy I-537 also allows for a refund of the balance on June 30 of the year, it appears in the City's capital forecast (2022), but only to the extent the City has met its projected development charge revenue targets, City wide. This ensures that there are adequate funds to cover the project in the future. For example, if the City has only reached 60% of its anticipated Development Charge revenue, throughout the City, then the developer is only entitled to 60% of the refund in that year. Every year subsequent to that, the developer receives a refund calculated in the same manner. Based upon this policy, an agreement been prepared by Legal Services in cooperation with legal counsel for the developer. COMMUNITY ENGAGEMENT: During the detail design for this project, the City will conduct a Public Information Centre to present and solicit feedback related to the design. CONCLUSION: Staff recommends that the selection procedures for the selection of Consulting and Professional Services as outlined in Chapter 170, Article 6, of the Purchasing Bylaw be waived and the Engineering Services for the Design and Contract Administration for the new Blair Creek Bridge be awarded to MTE Consultants Inc. ACKNOWLEDGED BY: Pauline Houston, Deputy CAO, Infrastructure Services Department 6 - 4 `l 1[ , hh �.b �y� :k LLJ �y ui LLI ry Is b, 7 l r E I i I I t r-- 3R1lW�Ql�d €. ss ` bC 6 - 5