ADMINISTRATIVE REPORT

Date: March 15, 1999
Author/Local: Jane Bird/6653
RTS No. 00619
CC File No. 5559

Council: 23 March 1999

TO:	Vancouver City Council
FROM:	Manager, Rapid Transit, in consultation with Director of CityPlans and General Manager of Engineering Services
SUBJECT:	Information Report on Rapid Transit Technology Alignment Review, West of Commercial Drive

INFORMATION

The General Manager of Engineering Services submits this report for INFORMATION.

COUNCIL POLICY

On September 8, 1998, Council approved the following:

THAT the City will collaborate with the Province on the planning for the ART [sic] route, alignment, station locations and station area planning, while continuing to resolve issues through the Greater Vancouver Transportation Authority about cost sharing and completion of the entire T-Line.

On November 3, 1998, Council approved the following:

THAT Council approve funding for the Rapid Transit Technology and Alignment Review, for the alignment west of Commercial Drive, coordinated with the extension to the University of British Columbia, in the amount of $200,000; source of funding to be a reallocation of the Capital from Revenue provision in the 1999 Capital Budget as detailed in this report.

THAT Council seek cost sharing for the Rapid Transit Technology and Alignment Review, west of Commercial Drive, from the GVTA and the Rapid Transit Project Office.

THAT the terms of reference for a comparative study of rail technology options for the western portion of the Broadway-Lougheed Rapid Transit Project be approved.

PURPOSE

The report is for Council’s information. The subject matter is the status of the “Rapid Transit Technology and Alignment Review, west of Commercial Drive” (the Review).

SUMMARY

The Terms of Reference for the Review have been finalized. Staff anticipate reporting to Council in mid April with the results of the proposal call and recommendation on consultants to undertake the work. The Greater Vancouver Transportation Authority (GVTA) and the Rapid Transit Project Office (RTPO) have indicated that they support the Review and are prepared to recommend participating in the Review and sharing in the cost.

DISCUSSION

Status of the Province’s Phase 2 SkyTrain project

The Province is in the preliminary planning stages for Phase 2. Under the Province’s current proposal, the Vancouver segment of Phase 2 consists of SkyTrain in an underground, bored tunnel from the Province’s proposed Phase 1 terminus at VCC, west along the Broadway Corridor to Arbutus Street.

As in Phase 1, in Phase 2 the Province is responsible for:

· choosing the technology

· route selection, station locations, design and construction

The City is responsible for advising the Province on these issues and for land use and related decisions that complement this initiative.

Technology and Alignment Review, west of Commercial Drive

Phase 2 will have very significant impacts on the City. In past reports, staff advised Council that:

· given the cost and long term effects of this decision, Phase 2 warrants a more comprehensive cost/benefit analysis of the alternative transit technologies than that undertaken by the Province to date

· the information, particularly as to ridership and cost, available from the RTPO is insufficient to allow the City to properly advise the Province on the proposed SkyTrain extension underground from VCC to Arbutus

· building SkyTrain to VCC may constrain the options for the Broadway Corridor from Commercial Drive west; moreover, terminating the SkyTrain line at VCC does not make sense

Based on this advice, Council approved funding for a review of the alignment and technology alternatives in the Broadway Corridor west of Commercial Drive. In addition, given its regional implications, Council instructed staff to seek cost sharing for the Review from the GVTA and the RTPO. Finally, Council deferred endorsing a specific location for the proposed VCC station, pending the outcome of the Phase 2 study.

The Terms of Reference for the Review have been finalized and are attached as Appendix 1. Interested consultants have been asked to submit proposals by April 5, 1999. The Terms of Reference provide that interested consultants must declare any interest they have in current transit planning in the region, and that such interest may disqualify them from conducting the Review. Staff anticipate reporting to Council in mid April with the results of the proposal call and a recommendation on consultants to undertake the work.

In brief, the scope of work outlined in the Terms of Reference is as follows:

A. To develop a broad brush picture of a combination of technology options west of Commercial Drive to the University of British Columbia (UBC), having regard to future north-south connections to Downtown, that best serve the future transportation needs of the City and Region.

B. To evaluate the technology options or technology combinations for the Broadway Corridor from Commercial Drive to UBC.
C. To detail the urban design impacts and potential mitigation or improvements for the Broadway Corridor between Cambie Street and Arbutus Street, incorporating the preferred technology combination.

The City will be managing the Review. Staff have assembled background information to provide the consultants, as listed on Appendix 2 of the Terms of Reference. Staff note, with concern, that to date the RTPO has not provided ridership information for Phase 1 or Phase 2. In the absence of this information, staff intend to provide the consultant with historical ridership work, completed in 1995, and with a study prepared by Ward Consulting Group Ltd. for the City dated February 26, 1999. The purpose of this study was to update the Regional Transportation Model to incorporate the City’s current land use projections and apply the updated land use projections to assess transit activity along Broadway. This $5000 study does not contain a cost/benefit analysis of the technology alternatives nor detailed ridership on a system wide basis with the various options available. That work is part of the Review. The Ward study is available in the City Clerk’s Office.

Next Steps

The GVTA and the RTPO have indicated that they support the Review and are prepared to recommend to their respective boards that they each share in the cost as to 25%, to a maximum of $50,000. The Terms of Reference contemplates a Steering Committee comprised of members from the City, the GVTA and the RTPO.

* * *

Appendix 1

REQUEST FOR PROPOSALS

BROADWAY/LOUGHEED RAPID TRANSIT LINE PHASE 2 – COMMERCIAL DRIVE WEST

City of Vancouver
March 16, 1999

1.0 TERMS OF REFERENCE

1.1 Introduction

On June 24, 1998 the Government of British Columbia announced its intention to proceed with an extension of “SkyTrain”, the rapid transit system now operating in the Greater Vancouver region. This extension is in two phases. Phase 1 is approximately 21 km long, and will connect the suburban municipalities of New Westminster and Burnaby with Vancouver. Construction of Phase 1 is scheduled to commence in late Spring of 1999. Phase 2 is in the preliminary planning stage. As proposed, Phase 2 is in two sections: one connects the north-eastern corner of Phase 1 with the municipality of Coquitlam, the other begins at the western terminus of Phase 1, and continues west through Vancouver along a major east/west axis, called the “Broadway Corridor”.

The primary focus of this study will be to determine the alignment options and the preferred technology combinations for Phase 2 in the Vancouver section.

The City of Vancouver, along with the newly formed Greater Vancouver Transportation Authority (GVTA) and the Provincial Government, is seeking proposals from qualified parties:

A. To develop a broad brush picture of a combination of technology options (eg. SkyTrain, conventional light rail transit, articulated express buses) west of Commercial Drive to the University of British Columbia (UBC), having regard to future north-south connections to Downtown, to best serve the future transportation needs of the City and Region.

B. On the basis of A, to evaluate the technology options or technology combinations for the Broadway Corridor from Commercial Drive to UBC.

C. To detail the urban design impacts and potential mitigation or improvements for the Broadway Corridor between Main Street and Arbutus Street, incorporating the preferred technology combination.

The City is committed to understanding the impact of rapid transit on the mature urban fabric of the City. Regardless of the technology, the transit initiative is an opportunity to enhance the livability of the City. One of the objectives of this study is to ensure that we take the best advantage of that opportunity.

1.2 Scope of Consultant Services

The general scope of the study is described in Appendix 1. The scope will be confirmed once the Consultant is chosen. Decisions by the Provincial Government on the location and extent of Phase 1 may require changes to the scope.

1.3 The Owner

The City of Vancouver (the City) is the Owner. However, the Province, the GVTA and the City are jointly overseeing this study through a Steering Committee comprised of representatives from each body (the Steering Committee).

The services and documentation provided by the Owner are set out in Appendix 1 (Section 5.0) and Appendix 2.

1.4 Form of Agreement

A draft form of the Professional Services Agreement is attached as Appendix 3. The Consultant will be required to enter into this agreement. The joint nature of the study may necessitate minor amendments to the form provided.

1.5 Submission of Proposals

Five (5) copies of the Proposal should be submitted by 5:00 p.m., (April 5, 1999), addressed to the attention of Wayne Pledger, P.Eng., Transportation Engineer, Vancouver City Hall, 7th Floor - Engineering Services, 453 West 12th Avenue, Vancouver, BC, V5Y 1V4.

1.6 Proposal Evaluation

The Steering Committee will review the Proposals and make recommendations to the Owner. The review will include an evaluation of the Consultant’s expertise, demonstrated understanding of the City’s needs and of the problem to be solved. Contracts or interests the Consultant may have in current transit studies may disqualify the Consultant. Any suggestions offered by the Consultant pursuant to Section 2.4 will also be considered.

The Owner will not necessarily accept the lowest priced proposal. The Owner may reject any or all proposals. The Owner shall not be responsible for any costs incurred by the Consultant in the preparation of its proposal.

1.7 Questions

Requests for clarification shall be in writing and submitted by letter, email or fax to the attention of Wayne Pledger, P.Eng., Transportation Engineer, Vancouver City Hall, Engineering Services, 453 – West 12^th Avenue, Vancouver, BC, V5Y 1V4 (fax: (604) 871-6696; email: wayne_pledger@city.vancouver.bc.ca). If requests for clarification result in an amendment to this Request for Proposals, such amendment will be made in writing, identified as such and made available to all consultants. The Owner shall not be responsible for any information given verbally.

2.0 CONTENTS OF PROPOSAL

2.1 Description of the Consultant

The Consultant shall provide a short history of the firm, or team of consultants.

2.2 Experience and Personnel

2.2.1 The Consultant shall provide a summary of assignments completed by the Consultant that are similar to this study, and a precise description of the role of the Consultant on each such project, together with contact names and project references.

2.2.2 The Consultant shall provide a list of the employees or sub-consultants who will perform the work, their proportion of work, hourly charge out rates and their resumes including education, work experience and experience on projects similar to this study. In the case of part time staff, temporary staff, or members of the Consultant’s team who are not permanent employees of the Consultant, the Consultant must provide a description of their relationship to the Consultant, and their availability (expressed as a percentage of their time) to work on this study.

2.2.3 The Consultant must declare any contracts or interest they may have in any current transit studies or neighbouring land development. The Consultant must be prepared to offer professional advice to the City independent of any past, present or future transportation planning contracts.

2.2.4 The Consultant must have experience in all the fields of expertise required to carry out the scope of work including public transportation engineering and planning and urban planning and design.

2.3 Work Program

2.3.1 The Consultant shall provide a work program describing the services to be provided by the Consultant as set out in Appendix 1.

2.3.2 The Consultant shall provide a schedule to complete the work program, which schedule shall include delivery of the work product described in Appendix 1.

2.4 Consultant’s Initiatives

The Steering Committee wishes to take full advantage of the Consultant’s expertise in transportation planning and urban design. If the Consultant has suggestions as to a means or method of solving the problems described in this Request for Proposals that differ from those suggested by the services described in Appendix 1, the Consultant shall include those suggestions in its proposal. Any such suggestions and corresponding variations in the work program prepared by the Consultant should be clearly identified.

2.5 Fees and Disbursements

The Owner has budgeted CDN $180,000 (including 7% goods and services tax) for this study. The Consultant’s work plan should include a fee estimate (including estimated disbursements by category and taxes) allocated to correspond to the work program provided pursuant to section 2.3.2. The Owner reserves the right to clarify or discuss the fee estimate with the Consultant prior to awarding the contract.

2.6 Professional Services Agreement

The Consultant shall provide confirmation that the Consultant is willing to enter into the attached Professional Services Agreement, as amended to reflect the joint nature of the Study, and is able to provide the type and amount of insurance coverage specified in the Agreement.

3.0 REFERENCE DOCUMENTS

The reference documents are listed in Appendix 2. They will be available for viewing at the City’s Rapid Transit Project Office, #203 – 456 – West Broadway, Vancouver, BC, V5Y 1R3, Monday – Friday, 9:00 am – 5:00 pm.

4.0 APPENDICES

Appendix 1 Scope of Study
Appendix 2 Reference Material
Appendix 3 Professional Services Agreement

5.0 FIGURES

Figure 1 - The Greater Vancouver Region

Figure 2 -Existing and Proposed Rapid Transit Routes

Figure 3 - Vancouver Portion of Proposed SkyTrain Extensions: Phase 1 (red), Phase 1 terminus options (yellow), and Phase 2 (green)

APPENDIX 1
Scope of Study

1.0 BACKGROUND

1.1 The City of Vancouver and the Greater Vancouver Region

Vancouver is a city of approximately 550,000 people within a region of 2 million people in the south western part of British Columbia. The region is called the “Greater Vancouver Regional District” (GVRD). Within the GVRD, there are 22 separate municipalities of which Vancouver is the largest. (See Figure 1 – The Greater Vancouver Region ).

1.2 Governance/Administration

There are four levels of government in Canada: Federal, Provincial, regional (GVRD), and municipal.

Until recently, authority for transit in British Columbia was vested in “BC Transit”, a provincial crown corporation. As of April 1999, the “Greater Vancouver Transportation Authority” (GVTA) will assume responsibility for transportation in the Region including transit. A Board that consists of local and Provincial elected officials governs it. The GVTA and the Province will share capital costs of major rail transit projects.

The Province, the GVTA and the City of Vancouver are jointly overseeing this study through a Steering Committee comprised of representatives from each body. The City of Vancouver through its Rapid Transit Office will administer the study.

1.3 Existing Rapid Transit in the Greater Vancouver Regional District

Rapid transit within the GVRD is “SkyTrain”, an automated medium to high capacity line haul rapid transit system, which operates on a grade-separated, largely elevated, dedicated right of way. At present SkyTrain operates along one 28 kilometre line between downtown Vancouver and the suburban municipality of Surrey, as shown on Figure 2. The balance of the regional transit system consists of one east/west commuter rail line, a cross-harbour passenger ferry service, and diesel and trolley buses.

1.4 Policy Framework

1.4.1 Regional Transportation Policy

The transportation policy of the GVRD is outlined in two documents:

The Regional Transportation Plan (Transport 2021), adopted in 1994
The Livable Region Strategic Plan, adopted in 1995

In summary, these plans encourage concentration of growth in certain municipalities within the GVRD, preserve farmland and greenspace within the region, and promote fewer cars and shorter trips. With respect to transportation specifically, Transport 2021 calls for growth of trips into Vancouver to be met mostly by transit. Transport 2021 contemplates significant expansion to the existing SkyTrain system through either SkyTrain or some other form of higher capacity transit system including light rail or busway (see Reference Document 6 –Livable Region Strategic Plan).

1.4.2 Vancouver City Transportation Policy

Within the regional policy context, the City of Vancouver adopted a Transportation Plan. The City’s Transportation Plan is consistent with the Livable Region Strategic Plan and Transport 2021 including the provision of a higher capacity transit system along the Broadway Corridor and between downtown Vancouver and Richmond, a suburb to the south of Vancouver. Until June 1998 all levels of government were anticipating a conventional light rail system.

1.5 Proposed SkyTrain Extensions in the Region

In June of 1998, the Provincial government decided to build a SkyTrain in place of the light rail lines that were initially proposed. The Province’s plan is that the line will be built in 2 phases:

The first phase (Phase 1) (shown in red on Figure 2), runs primarily on an elevated guideway from the suburban municipality of New Westminster, northwest to Lougheed Mall, west along the Lougheed Highway/Broadway route to Commercial Drive. The line enters a new station near the existing SkyTrain line at the Broadway Station (ie. at Commercial Drive) but does not merge with that line.

At the new Commercial Drive station, SkyTrain continues along one of two routes:

A. in a tunnel west along Broadway to an underground station at the Vancouver Community College at Glen Drive; or

B. on an elevated guideway west in the Grandview Cut to Great Northern Way with an underground connection to Broadway and Main Street (shown in yellow on Figure 3).

These terminus options for Phase 1 are being studied but no decision has been made.

The second phase (Phase 2) (shown in green on Figure 2) consists of two separate unconnected sections, one connecting the municipalities of Burnaby and Coquitlam (not in the scope of work) and a westerly continuation from the terminus of Phase 1, in a tunnel along the Broadway Corridor, to a terminus at one of the major north/south arteries. The western terminus of the Phase 2 SkyTrain extension has not been identified and represents one of the key aspects of this study.

1.6 SkyTrain, Phases 1 and 2 within Vancouver

1.6.1 Phase 1

Within Vancouver, Phase 1 is 4.2 kilometers. The first portion runs from Boundary Road (the eastern border of Vancouver and the adjacent municipality of Burnaby) to Commercial Drive. This portion will be built on an elevated guideway. The part of the route from Slocan Street to Commercial Drive will be in a man-made ravine (the site of the Burlington Northern Santa Fe railway) commonly called the “Grandview Cut”.

At Commercial Drive, Phase 1 meets, but does not merge with, the existing SkyTrain main line, which continues northwest to downtown Vancouver.

The portion of the route from Commercial Drive to Clark Drive is currently under review. The possible routes are as follows:

A. exiting the Grandview Cut at Commercial Drive, and continuing west in a 1km bored tunnel under Broadway to Vancouver Community College at the intersection of Glen Drive and Broadway; or,

B. continuing northwest in the Grandview Cut on an elevated guideway to the intersection of Clark Drive and Great Northern Way, and then further west generally parallel to Great Northern Way, and then southwest, in a tunnel under Prince Edward Street, to Main Street and Broadway.

1.6.2 Phase 2

As currently proposed Phase 2 begins either at Commercial Drive, Glen Drive or Main Street (depending on the alignment chosen west of Commercial Drive) and continues in a bored tunnel along the Broadway Corridor to an as yet unidentified terminus.

The Broadway Corridor is the key east/west axis through the City, crossing various north/south arterials that ultimately connect suburbs to the south and the Vancouver International Airport, with Vancouver’s Downtown. Broadway bisects the Central Broadway business and commercial district (the City’s second largest business district), and passes major destinations, including City Hall and the Vancouver General Hospital, terminating at its most westerly point at UBC.

1.7 Current Status

The design/build contracts for Phase 1 are out for tender, with construction to begin in 1999. The funding structure for Phase 1 has not been completely resolved. Under the current proposal, the Province and the GVTA will each contribute a portion of the capital costs. Service to Commercial Drive is scheduled to begin in Fall 2001.

Phase 2 is scheduled to be in operation by 2003. At this time, neither cost, funding, alignment or commitment to build have been resolved. Phase 2 is the focus of this Study.

2.0 PURPOSE OF STUDY

The study is comprised of three parts:

Part 1 is a broad brush review of the existing transit system, assuming SkyTrain Phase 1 is available, and of the technology combinations (eg. SkyTrain, conventional light rail transit, articulated express buses) to serve the future transportation needs of the City and Region. Of particular interest for the future are the key axes: Commercial Drive to UBC, and Downtown to the Vancouver International Airport/City of Richmond.
Part 2 builds on the results of Part 1 and concentrates the analysis on the Broadway Corridor from Commercial Drive to UBC. With respect to that portion of the corridor, Part 2 compares the technology combinations for various portions of the corridor, having regard to a series of criteria.

Part 3 details the urban design impacts and potential mitigation or improvements on the Broadway Corridor between Main Street and Arbutus Street, incorporating the preferred technology combination.

3.0 WORK PRODUCT

3.1 Part 1 – BROAD BRUSH EVALUATION OF TECHNOLGY OPTIONS FOR FUTURE RAPID TRANSIT LINES

The evaluation assumes that Phase 1 SkyTrain is constructed to Commercial Drive. The Consultant will review the existing system and determine the technology combinations and general alignment that would best serve the transportation requirements for travel west to UBC and for travel in a north-south direction between downtown Vancouver and the Vancouver International Airport/City of Richmond. This evaluation will be based on a review of prior studies together with further analysis as the Consultant, in consultation with the Steering Committee, deems appropriate.

The Consultant shall provide a written analysis of the work together with supportive illustrative materials.

3.2 Part 2 - EVALUATION OF TECHNOLOGIES FOR PHASE 2

Part 2 concentrates the analysis on the Broadway Corridor from Commercial Drive to UBC. With respect to that portion of the corridor, Part 2 compares the technology combinations for various portions of the corridor, having regard to a number of specific criteria.

The Consultant shall rate the technology combinations along the route in order of preference, having regard to the policy objectives of Transport 2021 and the Vancouver Transportation Plan. The Steering Committee will periodically review the work and provide the Consultant with their views.

The Consultant shall provide a written analysis of the work, applying the criteria outlined below together, including visual diagrams and graphic displays with scaled drawings and typical cross sections. Specifically these diagrams must show how the various technology combinations technically fit within the Broadway Corridor and connect with the north-south rapid transit alignments as determined in Part 1.

The evaluation should include:

3.2.1 Terminus

Recommend an appropriate terminus for Phase 2 for each of the technologies.

3.2.2 Ridership

Determining the ridership patterns for each of the technologies in 1999 and 2021 including transfers between various technologies particularly at Broadway and Commercial Drive and along Broadway at Main Street, Cambie Street, Granville Street, Arbutus Street and other key stations identified by the Consultant. (A regional transportation model (EMME II) is available. The Consultant may wish to use other methods of identifying ridership patterns provided such methods are acceptable to the Steering Committee.)

3.2.3 Capacity

Determining the capacity of the technologies and their ability to accommodate the 2021 transfer demands of the existing, and Phase 1, SkyTrain lines.

3.2.4. Costs

Identifying the requirements and costs necessary to implement Phase 2 including but not limited to:

The integration with Phase 1 SkyTrain technology
Termini locations
Station locations
Physical changes required on Broadway to accommodate at-grade conventional LRT and underground station entrances
Bus-only lane requirements and other transit priority measures for articulated express bus service
Infrastructure (ie. tunnel, rail, electrical/mechanical, etc.)
Right of way requirements and property acquisition
Maintenance facilities
Construction implications
Rolling stock
Operating costs

3.2.5 Traffic Management and Station Functionality

Evaluate the effect of the technologies on road capacity and traffic operations at major intersections, vehicle circulation, access to adjoining land uses, the potential for diversion of vehicular traffic on the surrounding street network, bus interface, and pedestrian circulation/transfer patterns and station capacity.

3.2.6 Environmental Impact

Identify the effect that each technology would have on the environment including, but not limited to, noise, vibration, air pollution, visual pollution, and safety.

3.2.7 Urban Design

Provide a commentary on how each technology may change (either positively or negatively) the existing nature and viability of the Broadway Corridor, between Main Street and Arbutus Street, including its potential to further the vision of this area as the City’s second Downtown, and measures the City could take to mitigate or facilitate these changes.

3.2.8 Flexibility for Future Expansion

Assess the flexibility (ie. feasibility, capacity needs, cost) for future expansion of each technology or technology combination beyond the recommended terminus to UBC, if the recommended terminus does not reach UBC. Provide a commentary on the relationship of each technology with a future north-south higher capacity transit line (either SkyTrain technology under the Cambie Corridor or conventional light rail on the Arbutus Corridor) between downtown Vancouver and Richmond and/or the Vancouver International Airport.

3.2.9 Cost Benefit

Develop a cost benefit model to compare the cost of implementing the technologies in Phase 2 with a comparison of the benefits of each technology including the ability of each to accommodate future passenger demand, ability of each to achieve Regional and Citytransportation and land use objectives, and the traditional transportation benefits including travel time, cost per rider, etc. taking into consideration revenues each system might attract relative to the others, operating costs, frequency of service, spacing between stations, etc.

3.2.10 Other Criteria the Consultant may identify

Based on the Consultant’s evaluation the Steering Committee will select a technology combination for the purposes of Part 3.

3.3 Part 3 – URBAN DESIGN

Part 3 builds on the results of Part 2 and specifically Section 3.2.7.

The Consultant shall illustrate the Broadway Corridor, between Main Street and Arbutus Street, incorporating the selected option (as recommended by the Steering Committee). The Consultant will provide illustrations of the Corridor together with design guidelines and other measures to effectively implement and integrate the preferred technology combination into Vancouver’s urban fabric.

4.0 FORMAT OF DELIVERABLES

4.1 Any written report will be in 8.5 x 11" vertical format. Included in the report will be reductions of maps, drawings and photographs used in presentations.

The Consultant will also provide:

4.1.1 A disk copy of the written reports in a City compatible format.

4.1.2 Two sets of scaled drawings and one set of reproducible Mylar of the various alignment designs.

4.1.3 Copies of presentation materials, including maps, drawings, photographs and slides as required by the Owner.

4.2 All report material will be the property of the City of Vancouver.

5.0 RESOURCES

Staff from the City and the Province will provide the consultants with the following:

5.1 Reference documents described in Appendix 2
5.2 Access to City planning and engineering staff
5.3 Access to consultants working on preliminary planning for Phase 2

6.0 SCHEDULE AND REPORTING

6.1 Time is of the essence.

6.2 The Consultant shall make presentations to the Steering Committee at the following stages:

6.2.1 the conclusion of Part 1 May 28, 1999
6.2.2 the preliminary conclusions of Part 2 in draft June 25, 1999
6.2.3 the conclusions of Part 2 September 30, 1999
6.2.4 the conclusion of Part 3 October 15, 1999

Additional presentations to Vancouver City Council may be required.

6.3 The work product associated with the completion of each Part shall be submitted in advance of the above presentations, and a complete report containing all of the Parts, submitted with the conclusion of Part 3.

6.4 In addition to these presentations, the Consultant shall meet regularly with the Steering Committee and City staff, the schedule to be mutually determined.

APPENDIX 2
Reference Documents

1. Phase 1 SkyTrain functional station and guideway design drawings
2. Phase 2 SkyTrain data available in the preliminary planning stages
3. SNC Lavalin SkyTrain Extension Study-New Westminster to Vancouver via Lougheed Mall, May, 1998
4. Parsons Brinckerhoff Quade & Douglas, Inc. LRT Alignment Review, May, 1998
5. N.D. Lea Consultants Ltd. Regional Intermediate Capacity Transit System Study for the Broadway Lougheed Corridor dated September, 1994
6. Greater Vancouver Regional District. Livable Region Strategic Plan, August 1993
7. Transport 2021 – Transportation Plan for Greater Vancouver Medium Range and Long Range Plans, 1993.
8. Vancouver Transportation Plan, 1997.
9. Vancouver City Plan
10. Central Area Plan (Land Use Plan which incorporates Central Broadway and Downtown), 1991.
11. False Creek South Rail Line Study
12. Baker McGarva Hart – SNC Lavalin – Ward Consulting Group. Vancouver Downtown Street Car Study.
13. Population and Employment Data
14. Ward Consulting Group. Transit Ridership for West Broadway Rapid Transit, February 1999.
15. Special Commission SkyTrain Review – Interim Report dated December, 1998
16. Delcan. Review of Intermediate Capacity Transit System Richmond – Vancouver Corridor, November 1994.
17. Lea Associates. Vancouver/Richmond Rapid Transit Study, July 1992.
18. BC Transit. Summary of Intermediate Capacity Transit System Studies 10 Year Development Plan (1995-2006), March 1995.
19. Crown Corporations Secretariat. Multiple Account Evaluation of Rapid Transit Options in Greater Vancouver, May 1995.
20. Existing and historic traffic volumes
21. Geometric plans of selected streets
22. Applicable Council Policies
23. Certain materials prepared by Baker McGarva Hart
24. Other policies and plans as appropriate

APPENDIX 3

CITY ENGINEERING DEPARTMENT

PROFESSIONAL SERVICES AGREEMENT

(For Services Valued at more than $4,500 but less than $100,000)

THIS AGREEMENT made as of the day of , 19

BETWEEN:

CITY OF VANCOUVER

453 West 12th Avenue
Vancouver, British Columbia
V5Y 1V4

(hereinafter called the "City")

OF THE FIRST PART

AND:

(hereinafter called the "Consultant")

OF THE SECOND PART

WHEREAS:

A. The City requires the professional services described herein, and desires to engage the Consultant to perform said services.

B. The Consultant has agreed to perform the said services in accordance with the terms and conditions of this Agreement.

NOW THEREFORE THIS AGREEMENT WITNESSES THAT in consideration of the terms, covenants and conditions herein contained, the parties hereto hereby covenant and agree as follows:

1. CONSULTANT'S SERVICES TO THE CITY

1.1. The Consultant shall provide and be fully responsible for the following services, (hereinafter called the "Services"):

1.1.1 To provide a broad brush review of the existing transit system, assuming SkyTrain Phase 1 is available, and of the technology combinations (eg. SkyTrain, conventional light rail transit, articulated express buses) to serve the future transportation needs of the City and Region.

1.1.2 To undertake detailed analysis of the Broadway Corridor from Commercial Drive to the University of British Columbia and to compare technology combinations for various portions of the Corridor.

1.1.3 To detail the urban design impacts and potential mitigation or improvements for the Broadway Corridor between Main Street and Arbutus Street, incorporating the preferred technology combination.

and as outlined in the City's letter to the Consultant dated __________________ and the Consultant's proposal dated ________________, (which documents shall form part of this Agreement and are appended thereto). In the event of conflict this Agreement shall prevail over such documents.

1.2 The Consultant may engage professional sub-consultants for the performance of certain specific tasks forming part of the Services, provided the Consultant has obtained prior written consent from the City, which may be arbitrarily withheld. The Consultant shall administer, coordinate, and manage all services of sub-consultants, and will assume full responsibility to the City for all work performed by said sub-consultants in relation to the Services and will pay all fees and disbursements of all sub-consultants subject to reimbursement as herein elsewhere provided.

1.3 The Consultant shall perform the Services: (a) with that degree of care, skill and diligence normally applied in the performance of services of a similar nature and magnitude to those contemplated by this Agreement at the time and place the Services are rendered; (b) in accordance with sound current professional practices;and, (c) in conformance with the design standards and codes applicable at the time of design.

1.4 The Consultant will furnish all personnel required to perform the Services, and all such personnel shall be competent and qualified to perform the Services. Where specific personnel have been proposed by the Consultant for the performance of the Services, and have been accepted by the City, such personnel shall not be replaced with other personnel without the prior written consent of the City.

1.5 The Consultant shall commence the Services promptly and shall use every reasonable endeavor to carry out the Services in such a manner so as to fulfill the completion dates herein, or specified from time to time by the City.

2. BASIS OF PAYMENT TO THE CONSULTANT

2.1 In consideration of the Services performed by the Consultant to the satisfaction of the City and in strict conformity with the terms hereof, the City will pay the Consultant the fees and reimbursable expenses prescribed herein, plus the Goods and Services Tax as applicable.

2.2 Subject to sub-clause 2.3, payment to the Consultant will be based on hours worked by employees of the Consultant multiplied by the hourly charge-out rates in the Consultant's proposal.

2.3 If there are limiting amounts for fees and disbursements indicated below for the Services or parts thereof, then notwithstanding anything to the contrary in this Agreement the maximum total of the fees and disbursements to be paid by the City to the Consultant for the Services shall not exceed those amounts. Where additional fees are to be paid by the City to the Consultant for increases in the scope of the Services provided by the Consultant, they shall not exceed the amount of said fees mutually agreed upon under clause 3. This limit on the fees to be paid by the City to the Consultant shall in no way diminish the duties and obligations of the Consultant to provide the Services covered by this Agreement.

Service or Part Thereof Maximum Full Fee Amount (Including All Disbursements)

“Complete "Services"

Notwithstanding anything to the contrary contained in this Agreement save for Clause 3, the maximum liability of the City hereunder shall be $ , plus the Goods and Services Tax as applicable.

2.4 Subject to the maximum liability of the City under sub-clause 2.3, disbursements for which the City will reimburse the Consultant shall be limited to the following:

a) Transportation of the Consultant's employees to meetings requested by the City at locations other than the Consultant's offices.

b) Long distance telephone calls, telegrams and telex.

c) Reproduction of drawings and specifications.

d) Delivery of drawings, specifications or correspondence by courier, where this method of delivery has been requested by the City.

e) Provision of office space and related services at a job site (but only if first approved in writing by the City Engineer) where the Consultant's personnel are performing full time construction supervision, administration and inspection as part of the Services.

f) Subcontractors fees for drilling and soil sampling or other work, first approved in writing by the City Engineer, which is required for the Consultant to carry out his duties under this Agreement.

g) Word processing and CAD machine charges.

Reimbursement of these expenses by the City will be at actual cost without any addition for overhead or profit.

All other expenses not listed above are considered to be included in the Consultant's fees.

2.5 If the Consultant has engaged sub-consultant(s) as per subclause 1.2, then the Consultant shall make full payment to said sub-consultant(s) for work performed in relation to the Services. Such payments shall also be in accordance with subclause 2.2 herein.

Subject to sub-clause 2.3, the City will reimburse the Consultant for payments made to sub-consultant(s) at amounts equal to such actual payments without any additions for overhead and profit to the Consultant.

2.6 The Consultant shall submit invoices to the City Engineer or delegate designated by him on or before the 10th day of each month. Each invoice shall list the names, hours worked and pay rates of all employees of the Consultant and sub-consultant(s) that have worked on the Services that month, the total amount of previous payments made by the City, and the percentage of the Services that are complete. Each invoice shall show separately the amount of the Goods and Services Tax applicable.

Attached to each invoice shall be copies of invoices for all disbursements claimed; confirmation of payments made to sub-consultant(s) for the previous month; and a brief report detailing work completed to date, work completed during the month covered by the invoice and work outstanding to complete the Services.

Notwithstanding anything to the contrary in this Agreement contained, the City shall never be obligated to pay the Consultant a greater percentage of total fees and disbursements than the degree of percentage completion of the total of the Services.

2.7 If the City does not approve of or wishes to further review, audit or otherwise seek clarification concerning the Consultant's invoices, for whatever reason, the City shall not be liable for interest charges in respect of that invoice for the period from the date the invoice is submitted until the date that the invoice is paid. The City shall, if it approves the amount of such invoices, cause such invoices to be paid on or before the 20th day of the following month.

2.8 The Consultant shall keep proper accounts and records of all costs and expenditures forming the basis of any billing to the City, including but not limited to hours worked, details of all disbursements and percentage amounts of work completed. The City shall be entitled to verify the accuracy and validity of all billings and payments made by auditing and taking extracts from the books and records of the Consultant and by such other means as shall be reasonably necessary or advisable.

3. CHANGES TO SCOPE OF SERVICES

The City Engineer may at any time vary the scope of work to be provided by the Consultant as part of the Services. In that case and where this Agreement contains a limit or limits in sub-clause 2.3 as to the maximum fees and disbursements to be paid to theConsultant for all or any part of the Services, such limit or limits shall be adjusted as agreed to by both parties in writing and failing agreement, as reasonably determined by the City Engineer. Should the Consultant consider that any request or instruction from the City constitutes a change in the scope of the work, the Consultant shall so advise the City within ten days in writing. Without said written advice within the time period specified, the City shall not be obligated to make any payments of additional fees to the Consultant.

4. RELEASE AND INDEMNIFICATION

4.1 The Consultant hereby releases the City, its officers, employees and agents from all costs, losses, damages and expenses, including those caused by personal injury, death, property damage, loss and economic loss arising out of, suffered or experienced by the Consultant, its officers, servants and agents in connection with their performance of the Services under this Agreement.

4.2 In undertaking the Services, the Consultant acknowledges that he has inspected the site, agrees to accept the site "as-is" and undertakes to take all precautions necessary to ensure his safety and the safety of all persons employed or contracted by the Consultant to perform the Services.

4.3 Notwithstanding the provision of insurance coverage by the City, the Consultant hereby agrees to indemnify and save harmless the City, its successors, assigns and authorized representatives and each of them from and against losses, claims, damages, actions, and causes of actions (collectively referred to as "Claims") that the City may sustain, incur, suffer or be put to at any time either before or after the expiration or termination of this Agreement, that arise out of errors, omissions or negligent acts of the Consultant or their sub-consultants, servants, agents or employees under this Agreement excepting always that this indemnity does not apply to the extent, if any, to which the Claims are caused by errors, omissions or negligent acts of the City, its other consultants, assigns and authorized representatives or any other persons.

4.4 This indemnity shall not affect or prejudice the City from exercising any other rights that may be available to it at law.

4.5 This release and covenant of indemnification above set forth shall survive termination of the term of this Agreement.

5. INSURANCE

5.1 The Consultant covenants to obtain at its own expense before commencing work on the Services under this Agreement:

(a) A liability insurance policy covering errors and omissions with coverage of not less than Five Hundred Thousand ($500,000.00) Dollars per occurrence with an aggregate of not less than One Million ($1,000,000.00) Dollars and a deductible of not more than Fifty Thousand ($50,000.00) Dollars (hereinafter called "Errors and Omissions Policy"); and

(b) a comprehensive general liability insurance policy with coverage of not less than Two Million ($2,000,000.00) Dollars per occurrence and a deductible of not more than Two Thousand ($2,000.00) Dollars (hereinafter called the "Comprehensive General Liability Policy").

The Errors and Omissions Policy and the Comprehensive General Liability Policy are hereinafter collectively called the "Insurance Policies".

The Insurance Policies shall be on terms satisfactory to the City's Director of Risk Management. The Comprehensive General Liability Policy shall remain in full force and effect at all times during the Term of this Agreement, shall name the City of Vancouver as an additional named insured and contain a cross liability clause in favour of the City of Vancouver. Proof of the Insurance Policies, to the satisfaction of the City's Director of Risk Management, shall be delivered to the City's Director of Risk Management together with evidence that all premiums have been paid in full. The Consultant covenants to maintain an Errors and Omissions Policy as described above, in effect for a period of not less than two (2) years following completion of the Services.

5.2 If the Consultant hires a contractor to perform any work related to the Services, the Consultant shall cause such contractor to obtain Comprehensive General Liability Insurance to cover bodily injury including death and property damage and loss arising from the actions of the contractor, its employees, agents or subcontractors, with a minimum limit of not less than Two Million ($2,000,000.00) Dollars per occurrence and a deductible of not more than Two Thousand ($2,000.00) Dollars. Such liability insurance shall include coverage of operations required for the contractor's work under this Agreement, including but not limited to excavation and blasting.

6. WORKERS' COMPENSATION BOARD COVERAGE

6.1 The Consultant agrees that it shall procure and carry and pay for, full Workers' Compensation Board coverage for itself and all workers, employees, servants and others engaged in or upon any work or service which is the subject of this contract. The Consultant agrees that the City has the unfettered right to set off the amount of the unpaid premiums and assessments for such Workers' Compensation Board coverage against any monies owing by the City to the Consultant. The City shall have the right to withhold payment under this contract until the Workers' Compensation Board premiums, assessments or penalties in respect of work done or service performed in fulfilling this contract have been paid in full.

6.2 The Consultant shall provide the City with the Consultant's Workers' Compensation Board registration number and a letter from the Workers' Compensation Board confirming that the Consultant is registered in good standing with the Workers' Compensation Board and that all assessments have been paid to the date thereof prior to the City having any obligation to pay monies under this contract. The Consultant shall indemnify the City and hold harmless the City from all manner of claims, demands, costs, losses, penalties and proceedings arising out of or in any way related to unpaid Workers' Compensation Board assessments owing from any person or corporation engaged in the performance of this contract or arising out of or in any way related to the failure to observe safety rules, regulations and practices of the Workers' Compensation Board, including penalties levied by the Workers' Compensation Board.

7. CITY APPROVALS

No reviews, approvals or inspections carried out or information supplied by the City or its employees or sub-consultants shall derogate from the duties and obligations of the Consultant (with respect to design or otherwise), and all responsibility related to the Services shall be and remain with the Consultant.

8. TERMINATION

The City at any time, in its sole judgment, may, whether or not cause exists, terminate the services of the Consultant in whole or in part by giving ten (10) days prior written notice (signed by the City Engineer or his delegate) to the Consultant. If termination is not for cause, the Consultant shall be paid at the rate prescribed for all services properly performed to the date of the delivery of the said notice (subject to the terms of this Agreement) plus necessary and reasonable wind up costs incurred, if any, in closing out the Services or the part thereof terminated.

9. CONFIDENTIALITY

The Consultant acknowledges that in performing the Services required under this Agreement, it will acquire information about certain matters which are confidential to the City, and such information is the exclusive property of the City. The Consultant undertakes to treat as confidential all information received by reason of its position as Consultant, and agrees not to disclose same to any third party either during performance of the Services or after the Services have been rendered under this Agreement.

10. OWNERSHIP OF DOCUMENTS AND COPYRIGHT

All drawings, audiovisual materials, information, plans, models, designs, specifications, reports and other documents or products produced, received or acquired by the Consultant as a result of the provision of the Services (the "Material") shall be the sole property of the City, and the City shall have the right to utilize all of the Material for its benefit in any way it sees fit without limitation.

The Material shall be delivered by the Consultant to the City forthwith following the expiration or sooner termination of this agreement, PROVIDED that the City may, at any time or times prior to the expiration or sooner termination of this agreement, give written notice to the Consultant requesting delivery by the Consultant to the City of all or any part of the Material in which event the Consultant shall forthwith comply with such request.

The Consultant hereby transfers title in and to the Material and assigns to the City sole copyright in the Material. The Consultant agrees that title to the Material is to be considered to have been transferred, and any copyright in the Material is to be considered to have been assigned by the Consultant to the City upon creation of the Material. The Consultant hereby irrevocably waives, in favour of the City, the Consultant's moral rights in respect of the Material. The Consultant shall obtain in writing, from its personnel, its permitted consultants or from any other source used, all required assignments, waivers, including waivers of moral rights, releases of interest and acknowledgements necessary to transfer title to and copyright in the Material to the City.

The Consultant hereby represents and warrants that the portion of the Material produced by the Consultant will not infringe any patent or copyright or any other industrial or intellectual property rights including trade secrets.

11. NON-RESIDENT WITHHOLDING TAX

If the Consultant is, at any time, a non-resident of Canada, within the meaning of the Income Tax Act of Canada as amended, then, and the Consultant hereby so agrees, the City may deduct from all monies payable under this Agreement and remit to the Receiver-General of Canada, the Government of Canada or Revenue Canada, Taxation sums not greater than the greater of:

(i) 25% of all monies payable under this Agreement; and

(ii) sums required to be withheld and remitted by the Income Tax Act of Canada as amended.

The City shall receive full credit under this Agreement for monies withheld as of and from the date of the withholding (regardless of when or whether remitted) and no interest shall be payable by the City on sums withheld, not remitted as aforesaid and later paid directly to the Consultant.

12. CITY BUSINESS LICENSE

The Consultant shall conform to the City of Vancouver License By-law and maintain a valid Business License throughout the duration of the Agreement.

13. RESOLUTION OF DISPUTES

This Agreement shall be governed by the laws of the Province of British Columbia and the parties agree to submit all disputes to the courts of British Columbia for resolution.

14. INDEPENDENT CONSULTANT

This agreement is a contract for services and the Consultant, its permitted subconsultants, the officers, directors, shareholders, partners, personnel, affiliates and agents of the Consultant and its permitted subconsultants are not, nor are they to be deemed to be partners, appointees, employees or agents of the City.

15. The Consultant shall not, without prior written consent of the City, assign, either directly or indirectly, this Agreement or any right of the Consultant under this Agreement.

16. In this Agreement, the masculine includes the feminine and bodies corporate, and each includes the others.

17. This Agreement shall be binding upon the parties hereto and their successors.

IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.

CITY OF VANCOUVER

BY: (Seal)

Authorized Signatory

(Full and Precise Name of Consultant)

BY: (Seal to be affixed if a Corporation)

Authorized Signatory - State Title

* * * * *

(c) 1998 City of Vancouver