HomeMy WebLinkAboutOES 46-08
CUIf (1~
REPORT TO
COUNCIL
Report Number: OES 46-08
Date: December 15, 2008
I "
From:
Everett Buntsma
Director, Operations & Emergency Services
Subject:
Sidewalk Installation - West Duffins Creek Bridge
Highway #7, Green River
File: A-1440
Recommendation:
1. That Report OES 46-08 of the Director, Operations & Emergency Services be
received;
2. That the City of Pickering request that the Ministry of Transportation provide a
platform area and a 1.8 metre wide sidewalk on the north side on the proposed
reconstructed West Duffins Creek Bridge structure at no cost to the City;
3. That the City of Pickering enter into an agreement with the Ministry of
Transportation, Ontario for the maintenance of a new 1.8 metre wide sidewalk on
the north side of the West Duffins Creek Bridge structure; and
4. Further, that a copy of Report OES 46-08 of the Director, Operations &
Emergency Services be forwarded to the Ministry of Transportation for their
information.
Executive Summary: In 2008 the Ministry of Transportation, Ontario (MTO)
advised the City that they were in the process of preparing the detail design for the
West Duffins Creek Bridge replacement located on Highway # 7 near the Hamlet of
Green River. City staff viewed this as an opportunity to have a sidewalk constructed on
the new structure as one of standard width currently doesn't exist on the old structure.
The Ministry of Transportation, Ontario has since completed detail design and tendered
this project. The project has been awarded to Dufferin Construction who plans to start
work in the Spring of 2009. .
Financial Implications: If the recommendations contained in this report are
acceptable to MTO, the City will not be required to budget funds in the 2009 Capital
Budget. Staff are currently negotiating an acceptable agreement with MTO staff.
Report OES 46-08
December 15, 2008
1 4 7
Subject: Sidewalk Installation - West Duffins Creek Bridge
Highway #7, Green River
Page 2
Sustainability Implications: The construction of a new bridge structure on
Highway # 7 will improve the roadway geometries and vehicular flows in this area. It will
also provide for the necessary concrete sidewalk of standard width for the safe and
efficient passage for pedestrians in the area.
Background: In 2008 the Ministry of Transportation, Ontario contacted the City of
Pickering indicating that they were in the process of preparing the detail design for the
West Duffins Creek Bridge replacement on Highway #7 in Green River. City staff
indicated a desire for a sidewalk to be installed on the new bridge structure. Sidewalks
should be ultimately provided on both sides of Highway #7 and the bridge to
accommodate existing and future pedestrian movement. As the MTO design indicates
future widening on both sides of the structure to accommodate four lanes, it is
appropriate to install the sidewalk on one side only at this time. The north side was
chosen as there currently exists a 0.6m wide raised concrete curbed area on the north
side. The City therefore, requested that the Ministry of Transportation consider a 1.8
metre wide sidewalk in their detail design. The Ministry over the last few months has
provided the City with a draft agreement and cost estimate for our review which covers
the detail design and sidewalk installation costs. Staff have reviewed the agreement
but are unable to recommend it's acceptance to Council. Staff are of the opinion that
the Ministry of Transportation, Ontario should be providing a platform area on the new
structure to accommodate sidewalks at their cost. However in the agreement provided
by the Ministry, they are proposing a cost sharing arrangement whereby the City incurs
costs for the sidewalk as a percentage of the total project cost. If Council would agree
to the proposed cost sharing agreement by the Ministry, the City would incur costs in
the amount of $434,000.
City staff do not agree that the local municipality should be burdened with any costs
related to the provision of sidewalks over the bridge structure The province should
have a responsibility to ensure that pedestrian access is accommodated over its
infrastructure. ProvinCial policy statements promote accessibility, reduced reliance on
motorized travel, and increased pedestrian and cycling movement/activity and their
construction practices should be consistent with these policy statements. Since there
exists a 0.6 metre wide raised curbed area (non-standard sidewalk), the MTO should
incur the cost to bring this to a proper, current standard.
It is staffs recommendation that the City not accept the cost-sharing suggested in the
proposed draft agreement and advise the Ministry. The City requests the Ministry to
provide a platform area on the new structure to accommodate a sidewalk on the north
side and that the Ministry provide pedestrian access in compliance with the Ontarians'
with Disabilities Act 2001 and other provincial policy.
CORP0227-07/01 revised
I 'I Rep~rtgOES 46-08
Subject: Sidewalk Installation - West Duffins Creek Bridge
Highway #7, Green River
December 15, 2008
Page 3
The Ministry has recently awarded this contract to Dufferin Construction who plan to
start work in the Spring of 2009.
Attachments:
1. Location Map
2. Ministry of Transportation, Ontario Agreement
Prepared By:
C/)aAA/!.W~~
~arrell Selsky
. Supervisor, ·
Engineering 'tal Works
Everett B tsma
Director,
Operations & Emergency Services
IDS
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickering City,Cou cil "
h'
CORP0227-07/01 revised
j/jEN'j t;._~.J rc,\ REPORTtt OES 4<..-O~
___.1... ',.,; ___..l___
I .
1 49
MUNICIPAL PROPERTY & ENGINEERING
Attachment for Report OES-46-08
WEST DUFFINS CREEK BRIDGE (GREEN RIVER)
~
~ ~
I <(
~ I
a:: oc
~ ::>
~
'"
'"
GREEN
RIVER
~
oc
o
>-
7
~
HIGHWAY
Z to-
~
o >-
I- <(
~
I
Cl
I
'"
z
a
o
iii
LOCATION MAP
PROPOSED CONSTRUCTION INCLUDES:
Complete construction of West Duffins Creek Bridge which includes;
· Installation of a new sidewalk installed on the new bridge structure
I ..
1 50
CrTf:.CHMENT#_~ TOREPORT# /)BS tf'-oi
" ". ----1-- ot 7
THIS AGREEMENT made in triplicate this
day of
2008
BET WEE N:
HER MAJESTY THE QUEEN in right of the Province of Ontario,
represented by the Minister of Transportation for the Province of Ontario,
Hereinafter referred to as the "Ministry",
OF THE FIRST PART:
- and -
THE CORPORATION OF THE CITY OF PICKERING,
Hereinafter referred to as the "City",
OF THE SECOND PART.
WHEREAS:
(I) The Ministry proposes to replace the West Duffins Creek Bridge located on
King's Highway Number 7 within the limits of Ministry work project W.P. 280-
91-00 in the City of Pickering, Regional Municipality of Durham;
(2) The City has requested the Ministry design and construct a sidewalk on the north
side of the West Duffins Creek Bridge structure, as sho\\n on Schedule "A"
attached hereto;
(3) The Ministry has agreed to design and construct the sidewalk for the City, at the
City's cost and expense, as part of the Ministry's construction contract and upon
the terms and conditions of this Agreement.
NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the
premises and the covenants herein contained the Parties hereto for themselves and their
respective successors and assigns hereby mutually agree as follows:
1 . In this Agreement,
"Regional Director" means the Regional Director of the Central Region of the
Ministry of Transportation or his nominee; and,
1~:;TTACf-iMENT#__,,".._k, TOREPORT# Of.S41.~D~
~_oj,~
"Work" means all the work to construct a sidewalk on the West Duffins Creek
bridge structure, as shown on Schedule "A" and includes all work of or incidental
to the design and construction of the sidewalk
2. The Ministry shall, at the City's cost and expense, design and prepare the contract
drawings and documents for construction of the Work upon the terms and
conditions in this Agreement.
3. The City has approved the design of the City's Work as detailed in the contract
drawings and documents prepared by the Ministry.
4. The Ministry shall construct the Work, when the West Duffins Creek bridge
structure on King's Highway Number 7 is replaced under the Ministry's work
project W.P. 280-91-00.
5. The Ministry shall:
a) tender and award the contract for construction of the Work;
b) provide field engineering during construction of the Work;
c) supervise and direct the contract to the extent necessary to ensure the Work is
constructed as detailed in contract drawings and documents approved by the
Regional Director and to Ministry standards and specifications; and,
d) determine all matters relating to the Work, construction of the Work, and
other matter of or incidental to the Work as required by this Agreement.
6. If in the opinion of the Ministry the unit bid prices or total bid tendered for both
the Ministry's and the City's Work under W.P. 280-91-00 is excessive, the
Ministry reserves the right to cancel the award of the contract for construction of
the Work mentioned in this Agreement and to re-tender the whole or any portion
of the contract, and in the event the Ministry cancels the award of the contract for
the Work, this Agreement is terminated.
7. The Ministry shall provide the City \\jith a copy of the unit contract prices for the
~
'I 5 1
152
z
---~.
REPORHf~...s LJ.~-o<6
..7-.--
Ministry's and the City's Work immediately following award of the Ministry's
contract.
8. The Ministry shall give the City at least two (2) weeks written notice before
construction of the Work is commenced.
9. From time to time the Ministry shall invoice the City for amOlUlts the City is
required to pay the Ministry by reason of this Agreement, and the City shall pay to
the Ministry the amount or amounts of the invoices within sixty (60) days of
receipt.
10. When the Ministry is satisfied that the City's Work has been constructed in
compliance with this Agreement, the Ministry shall notify the City and the City
shall have the Work inspected, and if the City finds the Work has been completed
to the satisfaction of the City and in accordance with the contract drawings and
documents, the City shall give the Ministry a written notice that the Work has
been completed.
11. The Ministry shall report completion of construction under this Agreement to the
City and while the Ministry will take normal precautions and construct according
to the normal practice of the Ministry of Transportation, no warranties are
expressed or implied by this Agreement.
12. The estimated cost to design and construct the Work for the City under this
Agreement is the sum of Four Hundred Thousand ($433,681.00) Dollars,
including surcharges, as shown in Schedule B attached hereto, but this is an
estimate only and payment shall be made on the basis of the actual cost of the
construction completed by the Ministry for the City under this Agreement.
13. The City shall pay to the Ministry the Ministry's actual cost and expense to design
and construct the Work, actual costs to be determined by:
a) application of the unit contract and material prices to the as-constructed
quantities;
b) the actual cost and expense of any force account work related thereto; and,
3
Z "E.rlO"-'''1' oj.;. ( L1b-t)~
"I"i""''''''i'''''''.".,,'r,~\' : (} ~ I.J"T
1",1 .:~",_!..ME:N. .,. b..r "I i_",
--'i.. '.,; _."..2-.
c) the following surcharges:
I. five (5) percent for design of the work;
II. ten (l0) percent for field supervision, quality assurance inspection and
testing, contract administration; and,
III. seven (7) percent for administrative overheads of the actual cost and
expense otherwise payable to the Ministry under this Agreement.
14. The liability of the City to pay actual cost and surcharges is limited as follows:
a) to pay one hundred (l 00) percent of any increased expense incurred by the
Ministry to delete work herein at the request of the City;
b) to pay one hundred (l00) percent of increased expenses incurred by the
Ministry to complete additional work which is requested by the City and not
included in the final estimated cost;
c) to pay one hundred (100) percent of increases in the cost of the Work
attributed to delays for which the Ministry is not responsible;
d) to pay one hundred (l00) percent if increases in the cost of the Work
attributable to unforeseen obstacles or other problems encountered during
construction by the Ministry or the Ministry's contractor; and,
e) the expenses and costs mentioned in this paragraph shall include surcharges
determined as provided in this Agreement.
15. Upon completion of the Work, the City hereby agrees to assume ownership of the
Work constructed under this Agreement. Thereupon, the City acknowledges that
pursuant to section 33(1) of the Public Transportation and Highway Improvement
Act, the Work is a sidewalk or municipal undertaking or work and that the City is
liable for want of repair of the same.
4
1 53
1 54
i"'iENTt" 2; R"'=Ponl" oE""'5,IJ_lIrJ
_U"" t:" # "f'''' u ~
~ .., "
Wi '-~''"'...~
16. The City shall be responsible for all safety and liability issues associated with the
use of the sidewalk by the public and shall indemnify and save harmless the
Ministry from and against any claim, action, cause of action or liability for loss,
damage, accident or injury in any manner arising due to, out of, from or in
connection with the City's responsibility for the sidewalk.
17. The City warrants that it has taken all necessary steps, done all acts, passed all by-
laws and obtained all approvals within its power legally required to give it the
authority to enter into this Agreement
THIS AGREEMENT shall enure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
IN WITNESS WHEREOF the Minister of Transportation for the Province of Ontario on
behalf of the Party of the First Part has hereunto set his hand and the Party of the Second
Part has hereunder affixed its Corporate Seal under the hands of its proper officers duly
authorized in that behalf.
SIGNED AND SEALED this
day of
,2008.
MINISTER OF TRANSPORT A TION (ONTARIO)
SIGNED AND SEALED this
day of
,2008.
THE CORPORATION OF THE CITY OF PICKERING
Per:
Mayor David Ryan
Per:
Clerk, Debie Wilcox
5
@nzli
I ~I~~ JL~,! "
... I,/z.- -"c.
J ~'I "''i ~ .q." ~
! l (;~ ~!"":!2
; ~1~[li:a!. if
I I ~t ~ .c : t) _,t
, c~ ~~~I;j is l:'
'II..~ I~!~i 6Ii;;9~;
!OO~" t I"", ~,"
iOv::>-l. '.B'lo..l f~1
Ir; -u'
I :~.'~
;} ir ~~
lv!:~i~
I~~~~
l:!~~g
I ~~~.
! ~<~
E~
\ 1:
~
~:~ !
~: I
,~!.,.1;i.',:
, .-JI
"- I:
6+-
~";=' .' ~!
!"1ENT
2
Ie oj
ro REPORT#
7
DES l.f~-o'i
1 55
Schedule "A" to an Agreement between the Ministry and
The Corporation of the City of Pickering
i!...'.'.'.l
~ ~~ ~
"
.,
,
!
~
~
i:~~. ~~ i~ -~ ~~ !ill i.;]
!gE~~ ~~ ~~ :~~~f i ~H ii rdi~
,-,1' 1'1- "'".' ,,, "I'.
j!-l-' c,! Il!-j e,l !,. !' !l!"
o.J~ ~~ i !i .J- :.~.. f~: ~~ li"
r.""!~ t~ . .\~h llH ~~~ Ef la!~
!H~~ ~~!L i;!&Hn };; :~ ~~;~ i
!":,a, ;: \.! ; 'I'll: l,. "11'1 '"'II I
~i!!~ ~I i:~ fi!i~~ ~~ i~ ~;..!.l i~ irrf -I..... .
, PI', !j, '''1"'1' 1'1'1 I, _"d
;i~, Ii ~{ll:~': ,; j. i:'; N li-\:!
111;; ;\i!, i!":;lllllm!~!!!!ii
hm ir ill :m'l ,1 ,I ill; xi! ,h!l! ;
H~
hi
~m
~';;I;;.'
~ ~~
,
i
.....,t
~
ti
1
,I'
.t:~""tf'~'hij.
:;::~ 'I
r:-
"
J:: ~~
;~ t.p
"..;,..~
I
1
! i
~~
~.~-
l,
a
n ~
~ .
i'
.,
; : ? ~ i ;
I L- i
! I ~
j LL !
! <( !
! i
! 0::: 1
I i
iOi
L._""o,,""J
. ,!
r--U
! ~'.... ~
if i
/f f
./ :
..,/___i
~~!'
~ 1 ~ ;
j-
,t
;j
II
~L~
'11 ~L
F 'jt
t\."~, iil
frK.L~".
,j! h
');J I ~t'1\
';,ff,. '
S Ij '~ 1..'_
. Ii I H ~
~ F :1 ~ J - ).
r ,I I ?
. ;ql', /
"1 .:,
~J[.=,=~_=.
V~ ~!
~ i ~~
~l _"
. r:
-- g~
!{
~&:~l(;;;~;.L~~:'!'
.. ..-.-.-..._---
6
I
i
'!
I
!~
,.
j;
n\~~~. I I
I
j n f------1---;. I
11 i.',-. 1i I
-J i' I
!i 1.; II
~'Hit---+ I
[I I J I
. i
i~ ;}.---J I
H-,!"f ! <B' I
i ~ ~:' '-----<.' ,~, ~ I'
~~ i.~
!; ~'f I ~~
~:. l~
~ r-'-- ~
; .~~
~~ ~ ~ I
~:1!
~ ~ ~': :}-----+.---1
:~ ~ i
"J
;; <<
:~
Ii
I
I
I
I
I
~
J "1
I'~i'.:
iit!1
2(:!1
1m,,,
11
t"iENTP_....Z rOREPORT# DeS tfb.~tll,
--1- 01 --:1-
1 56
Schedule "8" to an Agreement between the Ministry and
The Corporation of the City of Pickering
Preliminary Estimated Cost Breakdown
Total Estimated Ministry City of Pickering
Cost Category Cost % Cost Estimated % Cost Estimated
$ Share Cost Share Cost
Construction Works
Highway 7 - West Duffins Creek
Bridge Replacement;
" West Duffins Creek I
Bridge -New structure 2,235,728.
" Roadworks for bridge
approaches 575,871.
" Temporary Traffic
Signals (Electrical) 43,808.
. Utility Relocation (Hydro/Bell)-
50% of labour and labour 17,544.
saving device costs
Sub Total 2,872,951.
Engineering -including Design
and Construction Liaison (5% 143,647.
of sub Totall
Contract Administration,
Inspection and Material 287,295.
Testina/10% of sub totall
Administrative overheads 201,106.
(7% of sub Total)
GST See Note 2
Estimated Total Project Cost
3,504,999
$3,071,318
NOTES:
1. The above table reflects estimated costs for the Work. All payments shall
be based on the actual costs incurred.
2. GST has been excluded from all Ministry costs.
3. Bridge Deck area - 34mx14.5m =493m2
Sidewalk area - 34mx1.8m = 61 m2
Sidewalk area as a per cent age of total deck area: (61/493) x 100 : 12%
Sidewalk - Estimated cost: 12% of Total estimated Cost
7