Item - 2014.EX41.2

Tracking Status

  • City Council adopted this item on May 6, 2014 with amendments.
  • This item was considered by the Executive Committee on April 23, 2014 and adopted without amendment. It will be considered by City Council on May 6, 2014.
  • See also PG32.4
  • See also PW30.7

EX41.2 - Metrolinx Rapid Transit Program - Allocation of the Public Realm Amount

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on May 6, 7 and 8, 2014, adopted the following:

 

1.         City Council request Metrolinx to allocate the total Public Realm Amount (PRA) among the Eglinton, Sheppard and Finch rapid transit lines in proportion to the length of each line.

 

2.         City Council request Metrolinx to amend its current RFP for the Eglinton rapid transit project to include instructions to bidders to provide, as an evaluated element within the base scope of the project, as many of the following public realm improvements along Eglinton Avenue as are possible using the Public Realm Amount budget allocated to the project, in the following order of priority, and to provide a right to the City to determine whether to proceed with the public realm improvements proposed by the winning bidder:

 

a.         provision of streetscape elements identified in the approved Eglinton Environmental Assessment that exceed current City standards within the underground station reconstruction zones;

 

b.         provision and maintenance of green trackway elements, comprising vegetation and ancillary features (e.g., drainage), along the portion of the LRT trackway between Victoria Park Avenue and Birchmount Road, where feasible and not precluded by the requirements for emergency vehicle access;

 

c.         provision of a protective feature to buffer on-street bicycle lanes from vehicle traffic lanes, that meets all of the following requirements:

 

i.          the section of bicycle lane provided with the protective feature comprises a minimum of three continuous kilometres along one side of the street, notwithstanding intersections and bridges;

 

ii.          the section of bicycle lane provided with the protective feature is located between Brentcliffe Road and Victoria Park Avenue; and

 

iii.         the protective feature (painted strip, rumble strip, etc.) is acceptable to the General Manager, Transportation Services and the Fire Chief and General Manager, Toronto Fire Services;

 

d.         provision of new or improved pedestrian and bicycle connections and entrances to Serena Gundy Park and Ernest Thompson Seton Park from Eglinton Avenue or Leslie Street in the vicinity of the Leslie LRT Stop;

 

e.         construction of the approved Eglinton EA streetscape between the reconstruction zones at Avenue Road Station and Yonge-Eglinton Station to create a continuous length of approved EA streetscape on Eglinton Avenue from Avenue Road to Yonge Street; and

 

f.          that any unused balance of the Public Realm Amount fund allocated to the Eglinton LRT after provision has been made for the five priority projects listed in a) through e) inclusive, be committed to projects included in the following list:

 

i.          provision and maintenance of green trackway elements, comprising vegetation and ancillary uses (e.g., drainage), along the surface portion of the LRT trackway in locations that are not already specified;

 

ii.         provision of a protective feature to buffer on-street bicycle lanes from vehicle traffic lanes, along the surface portion of the LRT trackway where it is not already provided in the base scope of construction of the transit project; and

 

iii.         provision of new or improved pedestrian and bicycle connections and entrances to parks, ravines and public open spaces adjacent to the transit project in locations that are not already specified.

 

3.         City Council request Metrolinx to include a south side entrance to the Eglinton West subway/LRT station at its expense.

 

4.         City Council request Metrolinx to include east-bound and west-bound left turn lanes at the intersections of Pharmacy Avenue/Eglinton Avenue, and Birchmount Road/Eglinton Avenue, at its expense, not compromising the continuous cycling infrastructure or narrowing the sidewalk right-of-way.

 

5.         City Council authorize the Deputy City Manager, Cluster B, in consultation with the Director, Major Capital Infrastructure Coordination and Deputy City Manager and the Chief Financial Officer as appropriate, for the Eglinton rapid transit project:

 

a.          to assist Metrolinx in developing the instructions to bidders and appropriate evaluation scoring;

 

b.         to participate in the evaluation of the bids;

 

c.          to determine whether the winning bidder's Public Realm Amount submission is fair and reasonable and provides good value to the City for the Public Realm Amount, and on that basis to determine whether to accept the winning bidder's Public Realm Amount proposal; and

 

d.         if the determination is made to not accept the winning bidder's Public Realm Amount proposal, to negotiate alternative public realm improvements with Metrolinx that are consistent with Council's decision.

 

6.         If the determination is made to accept the winning bidder's Public Realm Amount proposal for the Eglinton rapid transit project, City Council authorize the Deputy City Manager, Cluster B, to negotiate and enter into any agreements, amendments and renewals with Metrolinx as may be necessary, in accordance with the Master Agreement and Council's decision, in respect of the use of the Public Realm Amount in accordance with the winning bidder's submission.

 

7.         City Council request the General Manager, Transportation Services to study funding options to implement the Eglinton Connects Study streetscape recommendations, including reallocating funds in the 10-year capital budget and other sources of funding and to report to the Public Works and Infrastructure Committee by January 2015.

 

8.         City Council direct the Chief Planner and the Executive Director, City Planning and the Director, Major Capital Infrastructure Coordination to report to City Council on a priority list of projects for the Sheppard and Finch LRTs in a timely manner.

City Council Decision Advice and Other Information

City Council considered the following Items together:

 

-           EX41.2, headed "Metrolinx Rapid Transit Program – Allocation of the Public Realm Amount";

 

-           PG32.4, headed "Eglinton Connects Planning Study – Final Directions Report"; and

 

-           PW30.7, headed "Eglinton Connects – Environmental Assessment Study".

Background Information (Committee)

(April 4, 2014) Report and Attachments 1-7, from the Deputy City Manager, Cluster B on Metrolinx Rapid Transit Program - Allocation of the Public Realm Amount
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-68388.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Joe Mihevc (Carried)

That City Council request Metrolinx to include a south side entrance to the Eglinton West subway/LRT station at its expense.

Vote (Amend Item (Additional)) May-06-2014 5:08 PM

Result: Carried Majority Required - EX41.2 - Mihevc - motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Mike Del Grande, Denzil Minnan-Wong
Total members that were Absent: 9 Members that were absent are John Filion, Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Peter Milczyn, Jaye Robinson, David Shiner, Adam Vaughan

2 - Motion to Amend Item (Additional) moved by Councillor Michelle Berardinetti (Carried)

That City Council request Metrolinx to include east-bound and west-bound left turn lanes at the intersections of Pharmacy Avenue/Eglinton Avenue, and Birchmount Road/Eglinton Avenue, at its expense, not compromising the continuous cycling infrastructure or narrowing the sidewalk right-of-way.

Vote (Amend Item (Additional)) May-06-2014 5:09 PM

Result: Carried Majority Required - EX41.2 - Berardinetti - motion 2
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Denzil Minnan-Wong
Total members that were Absent: 8 Members that were absent are Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Peter Milczyn, Jaye Robinson, David Shiner, Adam Vaughan

3 - Motion to Amend Item (Additional) moved by Councillor Michelle Berardinetti (Carried)

That City Council request the General Manager, Transportation Services to study funding options to implement the Eglinton Connects Study streetscape recommendations, including reallocating funds in the 10-year capital budget and other sources of funding and to report to the Public Works and Infrastructure Committee by January 2015.

Vote (Amend Item (Additional)) May-06-2014 5:10 PM

Result: Carried Majority Required - EX41.2 - Berardinetti - motion 3
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Maria Augimeri, Janet Davis, Mark Grimes, Pam McConnell, Denzil Minnan-Wong, James Pasternak
Total members that were Absent: 7 Members that were absent are Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Peter Milczyn, David Shiner, Adam Vaughan

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) May-06-2014 5:11 PM

Result: Carried Majority Required - EX41.2 - Adopt the item as amended
Total members that voted Yes: 38 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 7 Members that were absent are Paula Fletcher, Doug Ford, Rob Ford, Giorgio Mammoliti, Peter Milczyn, David Shiner, Adam Vaughan

EX41.2 - Metrolinx Rapid Transit Program - Allocation of the Public Realm Amount

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council request Metrolinx to allocate the total Public Realm Amount (PRA) among the Eglinton, Sheppard and Finch rapid transit lines in proportion to the length of each line.

 

2.         City Council request Metrolinx to amend its current RFP for the Eglinton rapid transit project to include instructions to bidders to provide, as an evaluated element within the base scope of the project, as many of the following public realm improvements along Eglinton Avenue as are possible using the Public Realm Amount budget allocated to the project, in the following order of priority, and to provide a right to the City to determine whether to proceed with the public realm improvements proposed by the winning bidder:

 

a.         Provision of streetscape elements identified in the approved Eglinton Environmental Assessment that exceed current City standards within the underground station reconstruction zones;

 

b.         Provision and maintenance of green trackway elements, comprising vegetation and ancillary features (e.g., drainage), along the portion of the LRT trackway between Victoria Park Avenue and Birchmount Road, where feasible and not precluded by the requirements for emergency vehicle access;

 

c.         Provision of a protective feature to buffer on-street bicycle lanes from vehicle traffic lanes, that meets all of the following requirements:

 

i.          the section of bicycle lane provided with the protective feature comprises a minimum of three continuous kilometres along one side of the street, notwithstanding intersections and bridges;

 

ii.         the section of bicycle lane provided with the protective feature is located between Brentcliffe Road and Victoria Park Avenue; and

 

iii.       the protective feature (painted strip, rumble strip, etc.) is acceptable to the General Manager, Transportation Services and the Fire Chief/General Manager of Toronto Fire Services.

 

d.         Provision of new or improved pedestrian and bicycle connections and entrances to Serena Gundy Park and Ernest Thompson Seton Park from Eglinton Avenue or Leslie Street in the vicinity of the Leslie LRT Stop;

 

e.         Construction of the approved Eglinton EA streetscape between the reconstruction zones at Avenue Road Station and Yonge-Eglinton Station to create a continuous length of approved EA streetscape on Eglinton Avenue from Avenue Road to Yonge Street; and

 

f.          That any unused balance of the Public Realm Amount fund allocated to the Eglinton LRT after provision has been made for the five priority projects listed in a) through e) inclusive, be committed to projects included in the following list:

 

i.          Provision and maintenance of green trackway elements, comprising vegetation and ancillary uses (e.g., drainage), along the surface portion of the LRT trackway in locations that are not already specified;

 

ii.         Provision of a protective feature to buffer on-street bicycle lanes from vehicle traffic lanes, along the surface portion of the LRT trackway where it is not already provided in the base scope of construction of the transit project; and

 

iii.       Provision of new or improved pedestrian and bicycle connections and entrances to parks, ravines and public open spaces adjacent to the transit project in locations that are not already specified. 

 

3.         City Council authorize the Deputy City Manager, Cluster B, in consultation with the Director, Major Capital Infrastructure Coordination and Deputy City Manager and Chief Financial Officer as appropriate, for the Eglinton rapid transit project:

 

a.         to assist Metrolinx in developing the instructions to bidders and appropriate evaluation scoring;

 

b.         to participate in the evaluation of the bids;

 

c.         to determine whether the winning bidder's Public Realm Amount submission is fair and reasonable and provides good value to the City for the Public Realm Amount, and on that basis to determine whether to accept the winning bidder's Public Realm Amount proposal; and

 

d.         if the determination is made to not accept the winning bidder's Public Realm Amount proposal, to negotiate alternative public realm improvements with Metrolinx that are consistent with the recommendations of this report.

 

4.         If the determination is made to accept the winning bidder's Public Realm Amount proposal for the Eglinton rapid transit project, City Council authorize the Deputy City Manager, Cluster B, to negotiate and enter into any agreements, amendments and renewals with Metrolinx as may be necessary, in accordance with the Master Agreement and the recommendations of this report, in respect of the use of the PRA in accordance with the winning bidder's submission.

 

5.         City Council direct the Chief Planner and Executive Director, City Planning and the Director, Major Capital Infrastructure Coordination to report to City Council on a priority list of projects for the Sheppard and Finch LRTs in a timely manner.

Origin

(April 4, 2014) Report from the Deputy City Manager, Cluster B

Summary

The purpose of this report is to receive direction from City Council on the recommended allocation of the Public Realm Amount that is funded by Metrolinx out of its capital budget for construction of the Rapid Transit Program. (Attachment 1)

The Master Agreement between the City, TTC and Metrolinx (executed in November 2012) prescribes the role of each party to plan, design and construct the Rapid Transit Program. As set out in the Master Agreement, Metrolinx is required to replace and restore the City's infrastructure, streetscape and public realm to City standards if those assets are disrupted by the Rapid Transit Program. 

The Master Agreement also provides for a Public Realm Amount (the "PRA") that will be used by Metrolinx to plan, design and construct discretionary improvements to the streetscape requested by the City. The discretionary improvements may exceed City standards or comprise new features, provided the improvements are located in the immediate vicinity of underground stations or along the at-grade sections of the transit corridors.

The Master Agreement defines the value of the Public Realm Amount as equivalent to 1.5% of the total construction cost of the Rapid Transit Program as defined in the Master Agreement, less certain deductions, including $10 million that Metrolinx intends to use for public amenities on Metrolinx property at the underground stations. The balance of the Public Realm Amount will have an aggregate value that may exceed $70 million.

 

This report recommends that the Public Realm Amount be allocated to streetscape and public realm improvements on Eglinton, Sheppard and Finch proportionally, based on the length of the respective transit lines.

Furthermore, the report advises City Council that it is appropriate and desirable for the Public Realm Amount be invested in streetscape and public realm improvements that can have a significant impact on the City as a whole, that can be enjoyed by residents and visitors from all parts of the City and distribute the Public Realm Amount as widely as possible across the designated transit corridors. Accordingly, the recommendations contained in this report would ensure that the Public Realm Amount allocated to the Eglinton transit project is invested with a cohesive vision.

In considering appropriate uses for the Public Realm Amount that are eligible for funding by Metrolinx, City Council can be informed by the Eglinton Connects Planning Study currently nearing completion.  Fundamental themes of the Eglinton Connects Study include balancing all forms of mobility, connecting neighbourhoods and natural valley systems to the rest of the city, and creating a green, beautiful metropolitan avenue. Although they have not been recently studied, the Sheppard and Finch LRT corridors would also benefit from these goals.

 

More specifically, the Eglinton Connects Study identified five elements that could be implemented on Eglinton Avenue (and the other LRT corridors) that would help achieve its vision and recommendations, and which would be eligible for Public Realm Amount funding in accordance with the Master Agreement:

 

i.          Construction and maintenance of a "green trackway" along at-grade sections of the transit corridors;

 

ii.         Construction of a protective buffer between proposed bicycle and traffic lanes along at-grade sections of the transit corridors;

 

iii.        Construction of connections between transit stations and stops, and adjoining parks, ravines and open spaces;

 

iii.        Construction of streetscape improvements that exceed previous City standards in the reconstruction zones at the underground stations (e.g., soil cells for tree planting); and

 

iv.        Construction of the approved EA road cross-section between Avenue Road Station and Yonge-Eglinton Station. 

 

These initiatives received strong support from the public in the consultation conducted as part of the Eglinton Study.

 

Metrolinx is currently seeking competitive bids from private consortia to finance, construct and maintain the Eglinton LRT project. To ensure that bidders are informed of the City's preferred use of the Public Realm Amount and to encourage bidders to maximize the deliverables that can be constructed using the Public Realm Amount budget, it is necessary to provide Metrolinx with a list of the City's desired streetscape and public realm improvements for the Eglinton LRT project to be financed by the Public Realm Amount, and the City's prioritization of such improvements. Accordingly, this report seeks direction from City Council on the range and ranking of projects for construction up to the limit of funds available through the Public Realm Amount.   Since Metrolinx has requested the City's desired list of Public Realm Amount funded improvements by May 8, 2014, Council direction is required before that date.

 

Metrolinx, with input from the City, will determine a scoring system to objectively determine differences between the bidders in the value-for-money that will be realized from the Public Realm Amount, based on demonstrated innovation and scope of the proposed work. In general, the bidder that is committed to deliver the greatest number of items from the priority list, and in a form that is acceptable to the City, would be delivering the greatest value-for-money and will therefore be awarded the highest number of relevant points. The bidders' attention to design and creativity in their proposals will also be reflected in the scoring. This approach creates an incentive for bidders to maximize the scope and quality of the streetscape improvements to be delivered from the Public Realm Amount fund.

 

Should the Public Realm Amount-financed scope of work that is proposed by the successful bidder be judged to not deliver good value to the City (possible because use of the Public Realm Amount is only one element in the overall evaluation of bids), the City would retain the right to refuse the proposal and engage in an alternate process to allocate the Public Realm Amount.  The alternate process would be a contract variation (amendment) process that the successful bidder must follow for all scope, schedule and budget changes during the construction period.

 

This report also recommends that appropriate staff report to Council at a future time on the priority list of Public Realm Amount projects for the Sheppard and Finch LRT projects.

Background Information

(April 4, 2014) Report and Attachments 1-7, from the Deputy City Manager, Cluster B on Metrolinx Rapid Transit Program - Allocation of the Public Realm Amount
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-68388.pdf

Motions

1 - Motion to Adopt Item moved by Councillor Michael Thompson (Carried)

2 - Motion to Reconsider Item moved by Councillor Giorgio Mammoliti (Carried)

3 - Motion to Adopt Item moved by Deputy Mayor Norman Kelly (Carried)

Vote (Adopt Item) Apr-23-2014

Result: Carried Majority Required - Kelly - Adopt item
Total members that voted Yes: 7 Members that voted Yes are Gary Crawford, Frank Di Giorgio, Norman Kelly (Chair), Peter Leon, Denzil Minnan-Wong, Cesar Palacio, Anthony Perruzza
Total members that voted No: 3 Members that voted No are Rob Ford, Giorgio Mammoliti, David Shiner
Total members that were Absent: 3 Members that were absent are Vincent Crisanti, Peter Milczyn, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council