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CITY OF VANCOUVER ADMINISTRATIVE REPORT | |||
Date: |
October 17, 2003 | |||
Author: |
John Evans | |||
Phone No.: |
7288 | |||
RTS No.: |
03682 | |||
CC File No.: |
1203 | |||
Meeting Date: |
November 4, 2003 | |||
TO: |
Vancouver City Council |
FROM: |
General Manager of Engineering Services |
SUBJECT: |
Bridge Attachment Agreement with Central Heat Distribution Limited |
RECOMMENDATION
A. THAT the General Manager of Engineering Services and Director of Legal Services be authorized to conclude negotiations, and execute and deliver a legal agreement with Central Heat Distribution Limited permitting them to attach their ductwork to portions of the Thurlow and Cordova Viaducts, incorporating the general terms and conditions outlined in this report, and such other terms and conditions satisfactory to the General Manager of Engineering Services and Director of Legal Services.
B. THAT no legal rights or obligations will arise or be created by Council's adoption of Recommendation A unless and until all legal documentation has been executed and delivered by all parties.
GENERAL MANAGER'S COMMENTS
The General Manager of Engineering Services RECOMMENDS approval of A and B.
COUNCIL POLICY
Where Council's pre-existing standing authority for the execution of contracts by City staff is not applicable, specific Council authorization is required.
PURPOSE
This report seeks Council authorization for staff to negotiate and execute an agreement with Central Heat Distribution Limited (CHDL) to allow them to attach their ductwork to the Thurlow and Cordova Viaducts.
BACKGROUND
CHDL has an existing Municipal Access Agreement (MAA) with the City of Vancouver, which regulates and controls their use of Vancouver streets for installation and operation of their area heating utility. One of the provisions of this MAA is that a separate attachment agreement is required to allow them to attach their works to any bridge or other City structure, on such terms as the City deems appropriate.
DISCUSSION
CHDL own and operate a network of pipes in City streets delivering steam heat to numerous buildings in the downtown core. They are planning to provide service to the Shaw Tower, currently under construction and located in the Central Waterfront area. Due to the change in elevation of ground level north of Hastings Street, the extension of the ductwork would be logically attached to the underside of the Thurlow and Cordova Viaducts, new City bridge structures. These structures provide pedestrian and vehicular access to the Shaw Tower and other developments in the area, and are expected to have other utilities attached to them as development proceeds and new access agreements are negotiated.
The MAA between the City and CHDL requires a separate attachment agreement before and as a condition of allowing CHDL to attach their works to any structure. This is in recognition that a structure is significantly different in nature than an ordinary street in which the majority of CHDL ducts are installed. Therefore, additional or different terms and conditions may be required to ensure that the City's needs and rights to provide public access and to operate and maintain the structure are adequately looked after and not compromised unnecessarily by utilities attached to the structure. In this case, the contemplated agreement has provisions including required notification and approved schedules if CHDL want to do any work, requirements to relocate or remove their works in the event of City needs to maintain the structure and obligations to keep their works free from nuisance to the public and City.
There is no additional revenue to the City from this agreement - the general MAA provides revenue to the City as a proportion of CHDL revenues.
FINANCIAL IMPLICATIONS
There are no financial implications.
CONCLUSION
Staff recommends that Council allow installation of the CHDL duct extension attached to the Thurlow Viaduct subject to execution of a Bridge Attachment Agreement to the satisfaction of the General Manager of Engineering Services and Director of Legal Services.
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