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HomeMy WebLinkAboutEGD-025-10Staff Report #4 LeadeagtheWay O RT ~~~~ RE P ENGINEERING SERVICES DEPARTMENT Meeting: COUNCIL Date: Monday, July 12, 2010 Resolution #: -338- /0 Report #: EGD-025-10 File #: By-law #: Subject: RECONSTRUCTION OF GREEN ROAD FROM STEVENS ROAD TO 635m NORTH Recommendations: It is respectfully recommended; 1- ' THAT Report EGD-025-10 be received; 2.> - THAT the engineering design, construction inspection services and construction of.,Green-Road, from Stevens Road to 635m northerly, be authorized and facilitated through the subdivision agreement with West Diamond Properties Inc., in conjunction with Brookhill West, Phase 1 subdivision works to the satisfaction of the Director of Engineering Services and our Municipal Solicitor; 3. THAT Purchasing By-law 2006-127 Section 15.07 be waived for the construction works associated with the reconstruction of Green Road; 4. THAT the Municipality's share ($825,000), of the Green Road construction works be funded'from the reallocation of-the following accounts: i. $690,000 for the reconstruction of Rudell Road in Newcastle, previously approved as parf of the 2007 Capital Budget, identified by Account No. 110-32-330-83320-7401; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282 REPORT NO.: EGD-025-10 PAGE 2 ii. $60,172.62 for Green Road surFace asphalt previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83298- 7401; iii. $17,500.00 representing the unexpended amount of the surface asphalt for Beech Avenue previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83272-7401; iv. $16,000.00 representing the unexpended amount of the surface asphalt for Church Street (Newcastle) previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83290-7401; and v. $41,327.38 representing the balance required be funded from the Municipal Capital Works Reserve Fund. 5. THAT the 2010 Green Road surface asphalt capital project 110-32-330-83298- 7401 be cancelled and that the Municipality schedule the Green Road completion works including surface asphalt, sidewalk and streetscaping in year 2011 of the Municipality's 2011 Capital Budget Forecast; and 6. THAT the 2007 Rudell Road capital project 110-32-330-83320-7401 be cancelled and that the Municipality schedule the Rudell Road reconstruction project in the Municipality's Capital Budget and Forecast at such time that the Municipality has entered into a subdivision agreement with the developer of the Foster Creek North Subdivision (18T89059) and all necessary securities are in place. Respectfully by, Sub fitted by: A. S. Cannella Director of Engineering Services "-_ - `- 'y`-1 fit, Reviewed by: Franklin Wu Chief Administrative Officer ASC/rafjb July 12, 2010 REPORT NO.: EGD-025-10 PAGE 3 1.0 BACKGROUND 1.1 Green Road from Stevens Road northerly is identified as a 2011 project in the Council Approved 2010 Development Charges. Background Study (DC Study). Based on progress of the design submissions for developments in the Brookhill Neighbourhood adjacent to Green Road at the time the 2010 Development Charge Update was being prepared and based on past experience in processing developments of this size, staff estimated that the Green Road reconstruction works would not be required until 2011 which is reflected in the current DC Study. Early in 2010 West Diamond Properties Inc. had met all of the standard requirements for first submission drawings to both the Region of Durham and the Municipality of Clarington. At this point it appeared that the Green Road reconstruction project would not be required until 2011. In March of 2010 however, the Region of Durham indicated the possibility that there may be insufficient sanitary sewerage treatment plant capacity to accommodate all future development projects within Bowmanville. Upon hearing that there was the potential for delays West Diamond moved quickly through the normal review process to obtain the necessary approvals required for their development to proceed in 2010, approximately one year earlier than had been originally anticipated. In order for the Brookhill West -Stage 1 development to proceed, underground infrastructure servicing (sanitary, water and storm sewer), must be provided within the Green Road right-of-way within the limits as shown on Attachment #1. Due to the location and depth of this required underground infrastructure a majority, if not all, of the existing Green Road road structure would have to be disturbed to facilitate the installation. Typically Clarington would require the developer to restore the disturbed road in kind to meet our municipal standards if the works were required in advance of an approved budget for the road REPORT NO.: EGD-025-10 PAGE 4 reconstruction and that is what was planned for in West Diamond Properties Inc.'s first submission. Considering the Municipality's typical practice and the fact that Clarington had identified this as a 2011 project in the 2010 Development Charge Update staff recognized that it would not be cost effective to have West Diamond Properties Inc. restore Green Road to its current configuration and then have it fully reconstructed and urbanized in less than a year. As such, Engineering staff liaised with West Diamond Properties Inc. and their consultant Semas Associates, to explore if there was an opportunity for both West Diamond Properties Inc. and the Municipality of Clarington to reconstruct Green Road to its future urban section cooperatively and in a manner mutually beneficial. Through several discussions and meetings between the parties a cost sharing arrangement for the reconstruction and urbanization of Green Road was arrived at in which West Diamond Properties Inc. would agree to pay for the equivalent of the road restoration cost over services impacting Green Road resulting in a savings to the Municipality of roughly $275,000 and also agreed to pay for all engineering services costs for the design and construction administration required to complete the work which is estimated to save the Municipality roughly $110,000. In tum the Municipality would be required to pay the costs of the balance of the works on Green Road which are not associated with the development of the adjacent subdivision totaling roughly $825,000 in 2010 and $225,000 in 2011. The construction of Green Road will require coordination between 4 parties. This includes the Municipality, Durham Region, Hydro One, and the Developments east and west of Green Road. The services provided by each are listed below; • Hydro One will be relocating a portion of their major feeder line within the Green. Road right-of--way; • The Developer will be installing the required servicing infrastructure and grading in the road allowance to facilitate the subdivisions; REPORT NO.: EGD-025-10 PAGE 5 • The Region will provide the additional servicing with respect to watermains and sanitary sewers along Green Road; The Municipality will be installing the local storm sewers, street lighting, street trees required and construct Green Road adding to the improved road network required to support the development of West Bowmanville. In order to expedite this project so that West Diamond Properties Inc. can begin construction, obtain building permits later this year and receive occupancy permits in the spring, the Municipality has agreed to take the lead role in coordinating the details of the road re-construction project. 1.2 In the preparation of the 2007 Capital Budget the Municipality was given assurances by the developers of the Foster Creek North Subdivision (18T- 89059) that their development in the northeast quadrant of King Avenue West and Rudell Road in Newcastle was going to proceed in 2007. As such the Municipality, in anticipation and in good faith, included funding for the reconstruction of Rudell Road from King Avenue West to future Grady Drive, in the amount of $1,000,000.00, in their 2007 Capital Budget which was subsequently approved by Council. This funding is currently identified in the. 2007 Capital Budget as Account No. 110-32-330-83320-7401. Since that time the Municipality has reviewed the timing for the servicing of this development with the developers on an ongoing basis to confirm the need to carry over the budgeted money. Each time there were assurances that the work was going to proceed and that the budget allocation would be required. Knowing of the many projects competing for the limited funds available from the Municipality, staff requested a written confirmation from the current developer, Lindvest Properties (Clarington) Limited, that they were going to proceed. They responded on February 11, 2010 with the letter provided as Attachment #2. Since this time staff have been liaising with Lindvest and their consultants to complete and execute the subdivision agreement and provide the necessary securities to proceed. Considering these issues it appears this development is REPORT NO.: EGD-025-10 PAGE 6 not moving forward to construction in 2010 and therefore the need for funding of the construction of Rudell Road remain uncertain. 2.0 REVIEW AND APPROVAL 2.1 Sernas Associates are the Engineering Consultants for owners of the developments on the east and west side of Green Road. Since Sernas Associates have been actively involved in this area and already have a database of engineering knowledge on the slte and. road grading, existing drainage proposals, servicing works, road design, and utility locations, it is desirable to have this Engineering Consultant carry out the design for the reconstruction of Green Road. This arrangement will eliminate any confusion and delays during the design and construction process. Through the series of discussions and meetings to review how the Municipality and West Diamond Properties Inc. could work together to complete this project in such a way to be mutually beneficial a cost sharing arrangement was agreed to which is summarized in Attachment #3. West Diamond Properties Inc. will relieve the Municipality of the design, contract administration and inspection of the project in order to streamline the process thereby ensuring their development schedule. The Municipality will benefit from the elimination of engineering fees totalling roughly $110,000 as services are currently being completed by Sernas Associates for West Diamond Properties Inc.. An additional benefit will be the savings of roughly $275,000 associated with cost sharing of the road works related to the servicing directly benefiting the development which will be paid for by West Diamond Properties Inc.. The Municipality's standard subdivision agreement provides for the construction of external works such as the Green Road construction by the developer. All terms, conditions and schedules necessary to ensure that the Municipality's interests are safeguarded from risk or liability are contained within the standard subdivision agreement. All terms, conditions and schedules are prepared to the REPORT NO.: EGD-025-10 PAGE 7 satisfaction of the Director of Finance, the Director of Engineering Services and the Municipal Solicitor. It is also suggested that the project be constructed in conjunction with the development work using the contractor retained by West Diamond Properties Inc. in order to take full advantage of pricing based on volume that West Diamond Properties Inc. has received from Con-Drain (1983) Limited for the servicing of the residential subdivision on the west side of Green Road. Engineering staff have reviewed the unit pricing provided in March of 2010 and find it to be comparable or lower than current construction pricing for similar work and considering that prices are increasing due to typical seasonal adjustments for mid summer tendering and the influx of work generated by Build Canada and Infrastructure Stimulus Funding Engineering staff feel that the best interests of . the Municipality are being met. The Engineering Department has discussed the process with the Purchasing Division who have advised Engineering that .Purchasing By-law 2006-127 Section 15.07 would have to be waved in order to take advantage of this opportunity. 3.0 CONSTRUCTION PROJECT 3.1 In order to capitalize in the reduction of cost resulting from the elimination of the duplication of effort, staff propose that Semas Associates design and administer the construction contract, including inspection of the works during construction. 3.2 West Diamond Properties Inc. obtained unit pricing for their subdivision servicing works (estimated at $8,500,000) in March of 2010 from Con-Drain (1983) Limited which were extended for the unit costs to reconstruct Green Road in accordance with the. design drawings. All parties wish to commence construction as soon as the funding is in place. Through the subdivision agreement with West Diamond Properties Inc. for the Brookhill West -Phase 1 subdivision West Diamond Properties Inc. will provide securities, insurance and warranties for the Green Road works as necessary to satisfy the Director of Finance, Director of REPORT NO.: EGD-025-10 PAGE 8 Engineering Services and the Municipal Solicitor. Section 15.07 of the Purchasing By-Law would have to be waived in order to proceed without delay. 3.3 The Green Road reconstruction costs are not included in the Municipality's 2010 Capital Budget. In consideration of the Foster Creek North Subdivision (18T- 89059) not proceeding this year there would be $690,000 available from the 2007 Capital Budget to fund the Green Road works should it be reallocated to the Green Road project. Both of these reconstructions are growth related works and are: funded by the Development Charge. The estimated overall cost for the Green Rood Reconstruction project is estimated at approximately $1,500,000.00 with Clarington's share of the work totaling and estimated $825,000.00, including utility relocation, contingencies and construction. 4.0 CONCLUSION 4.1 The commencement of the construction of the Brookhill West -Stage 1 development West of Green Road is imminent. In order to be able to issue building permits, meet occupancy deadlines for spring 2011 and to realize the cost savings associated with completing the Green Road works with the subdivision servicing works staff recommend that administration (including engineering design and construction inspection) and reconstruction of the Green Road be completed in conjunction with the servicing of Brookhill West -Stage 1 and the works be undertaken by West Diamond Properties Inc.. In so doing, Section 15.07 of Purchasing By-law 2006-127 must be waived. 4.2 In order to facilitate the Green Road reconstruction in 2010 it is recommended that the Municipality's share of the costs for this project be funded from the following: i. reallocation of the $690,000.00 approved in the 2007 Capital Budget (Account No. 110-32-330-83320-7401) for the reconstruction of Rudell Road in Newcastle; REPORT NO.: EGD-025-10 PAGE 8 ii. $60,172.62 for Green Road surface asphalt previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83298- 7401; iii. $17,500.00, representing the unexpended amount of the surface asphalt for Beech Avenue previously approved as part of the 2010 Capital Budget, Account NO. 110-32-330-83272-7401; iv. $16,000.00 representing the unexpended amount of the surface asphalt for Church Street (Newcastle) previously approved as part of the 2010 Capital Budget, identified by Account No. 110-32-330-83290-7401; and v. $41,327.38 representing the balance required be funded from the Municipal Capital Works Reserve Fund. 4.3 Included in the second phase completion works will be, surface asphalt, sidewalks and streetscaping. These works are required and the Municipality of Clarington would be responsible for funding. It is therefgre recommended that the Municipality plan to include funding for these works as part of the 2011 Captal Budget. 4.4 In order to be able to respond to the future needs of the Foster Creek North subdivision it is recommended that the Municipality continue to encourage the developer of this site to finalize the subdivision agreement and that at such time all necessary securities are in place the Municipality consider including the funding for the Rudell Road reconstruction costs in an appropriate future Capital Budget and Forecast. Concurrence: Director of Finance Attachments: Attachment 1 -Key Map Attachment 2 - Lindvest Properties (Clarington) Limited -Commencement Verification Letter Attachment 3 -Collective Benefit Cost Apportionment WEST DIAMOND PROPERTIES INC. p O Z w t, d 0 J 0 a J w N ```~ ~~ Q ``~ m O m ~ (~ Z ¢K J STEVENS RpAp U ham, NO 2 UPTPNN AVE S 4 A O~ A p`Sdy F<< ~? apNATNONCREs o ~ g o N ~ o 3 o ~ i ~ 3i u i 0 Z O PRINCE WILLIAMB LEVARp BO WMAN VILLE - ~ r, a N o; ~ /9h~ay °' W 2 y (7 ~ m° E Steven s Rd. S a tr ° ® DRAWN BY: E.L. DATE: Jul 7, 2010 Y ~ ~ REPORT EGD-025-10 ~ q KEY. MAP ATTACHMENT NO. 1 G1PM5-Basel4VachmenislGreen Rtl S[eeens to Harvey Jones.mxtl ATTACHMENT N0.:2 REPORT NO.: EGD•025-10 February 11, 2010 Municipality of Clarington Department of Public Works 40 Temperance Street Bowmanville,ON L1 C 3A6 Attention: Mr. A.S. Cannella. C.E.T. Director of Engineering Services Re: Foster Creek North Draft Plan of Subdivision 18T-89059 Rudell Road Design and Reconstruction Phase 1 Construction from King Avenue West to Grady Drive Dear Sir: We understand that you are seeking an update to our schedule regarding the servicing of phase 1 of the Foster Creek subdivision. It is our intention to commence underground servicing this spring and complete all work required for building permit by the end of October 2010. This includes the construction of the Southern portion of Ruddell Road to provide access to the Phase 1 Plan as outlined in our 1St engineering submission. Should you have any. questions, please do not hesitate to contact me at 416-635- 7520 ext. 509 at your convenience. Thank you. Sincerely, LINDVEST PROPERTIES (CLARINGTON) LIMITED P //'~~~ Michael Savas Project Manager 3625 DUFFERIIJ STREET SUITE 405 DOWNSVIEW DN M3K 1N4 TEl: 416.635,7520 FAX: 416,635.9921 ATTACHMENT N0.:3 REPORT NO.: EGDA25-70 0 0 ~ ?.. 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