HomeMy WebLinkAboutCIS Agenda - 2021-11-081
KiTc�ivER
Community and Infrastructure Services Committee
Agenda
Monday, November 8, 2021, 4:30 p.m. - 5:00 p.m.
Electronic Meeting
Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical
distancing, City Hall is open for select services. Members of the public are invited to participate in this
meeting electronically by accessing the meeting live -stream video at kitchener. ca/watch now
While in-person delegation requests are not feasible at this time, members of the public are invited to
submit written comments or participate electronically in the meeting by contacting
delegation@kitchener.ca. Please refer to the delegations section on the agenda below for registration
deadlines. Written comments will be circulated prior to the meeting and will form part of the public
record.
Accessible formats and communication supports are available upon request. If you require assistance
to take part in a city meeting or event, please call 519- 741-2345 or TTY 1-866-969-9994
Chair: Councillor B. loannidis
Vice -Chair: Councillor D. Schnider
Pages
1. Commencement
2. Consent Items
The following matters are considered not to require debate and should be
approved by one motion in accordance with the recommendation contained in
each staff report. A majority vote is required to discuss any report listed as
under this section.
2.1. CSD -2021-13 - FCitchener Easy Riders Cycle Club - Funding Agreement 3
3. Delegations
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. Delegates must register by
2:30 p.m. on November 8, 2021, in order to participate electronically.
3.1. None at this time.
4. Discussion Items
4.1. DSD -2021-174 - Transfer of Jurisdiction - Duke 15 m 14
St W between Victoria Street and the Rail
Corridor
4.2. INS -2021-10 - RBJ Schlegel Park, Phase 2 - 15 m 18
Consultant Fee Increase
5. Information Items
5.1. None.
6. Adjournment
Sarah Goldrup
Committee Administrator
Page 2 of 22
Staff Report `
Community Services Departrmnt www. kitchener. ca
REPORT TO: Community & Infrastructure Services Committee
DATE OF MEETING: November 8th, 2021
SUBMITTED BY: Hildebrand, Mark, Director, Neighbourhood Program & Services,
519-741-2200 ext. 7687
PREPARED BY: Palubeski, Lori, Manager, Program & Resource Services, 519-741-
2200 ext. 7623
WARD(S) INVOLVED: All
DATE OF REPORT: October 19th, 2021
REPORT NO.: CSD -2021-13
SUBJECT: Kitchener Easy Riders Cycle Club — Funding Agreement
RECOMMENDATION:
THAT the General Manager, Community Services be authorized to execute a Funding
Agreement with the Kitchener Easy Riders Cycle Club, to provide funding for
operating a cycle club from December 2021 to May 2023, said agreement to be subject
to the satisfaction of the City Solicitor, as outlined in Community Services
Department report CSD -2021-13.
REPORT HIGHLIGHTS:
A small group of enthusiastic older adult cyclists pitched a program concept to staff in the
early 1990's. The goal was to provide organized group cycle opportunities for older adults.
The group of residents and staff collaborated to develop what is now known as the Kitchener
Easy Riders Cycle Club (Club). Since it's origin, the Club has grown into an autonomous,
independent group of older adults serving approximately 250 cyclists. The growth and
success of the Club, as well as the Covid-19 pandemic, have created opportunities to review
the original design, review the supports provided by the City of Kitchener and to strategically
plan for the Club's future based on its current state. The Club has evolved from a direct
program to an independent group, and it was important to ensure that the Club is properly
protected from a risk and liability perspective to operate as such. After extensive research
with other cycling associations/clubs, insurance companies and an external sport lawyer, it
was determined that incorporating as a Not -for -Profit was the most advantageous option for
the club.
As the organization and program delivery model of the Club has evolved, so too has the
relationship, and supports required from staff and the City of Kitchener. The intention of this
report is to solidify the current level of support that is required to assist the Club during their
transition to incorporation over the next two years. The details of this support are outlined
in the Funding Agreement as attached to this report (Appendix A).
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 3 of 22
BACKGROUND:
The Kitchener Easy Riders Cycle Club was formed in 1991 by a small group of older
adults out of the Charles Street Centre (later known as the Victoria School Centre).
Participants would cycle in Kitchener and benefited from the opportunities to engage in
physical fitness and social connections with their peers. Since the early 1990's, the Club
has continued to flourish and fulfill both a need and an interest of older adults in our
community. In 1997, cycle trips outside of Kitchener were organized and by 2009 there
were over 200 Club members. The Club launched its own website in 2011 and in 2015
had to cap memberships to 240 as volunteer capacity could not support further growth.
REPORT:
As with many things, the cycling seasons for 2020 and 2021 were cancelled due to the
Covid-19 pandemic. As staff and the Club leadership team were meeting and planning to
discuss the impacts of the pandemic on the program, several challenges and risks were
uncovered. These risks were associated with the current program delivery model of the
Club and the associated liability and insurance exposures to the Club leadership, club
volunteers and club riders. Essentially, the Club was no longer functioning or operating as
a direct City of Kitchener program but rather an independent organization. Specifically, the
concerns were as follows:
• Liability exposure to the Club Leadership team as there was not any Directors and
Officers Liability Insurance
• Privacy risks and liability concerns related to the Club's website and the ride routes
provided by the Club
• Liability exposure to Club volunteers that were acting on behalf of the Club
• Cyclists who were participating in the rides were not insured
To mitigate the concerns and ensure continued support and success of the Club, staff
worked along side the Club Leadership team to explore options and next steps. While
several models were explored, the Club leadership team and staff supported a transition to
an incorporated not-for-profit as the most viable solution for the clubs continued operation
and success. This recommendation received a majority support from club members at the
"All Members Meeting" on July 8t", 2021.
Staff are recommending that Council endorse the Funding Agreement (Appendix A) to
ensure continued support to the Kitchener Easy Riders Cycle Club as it transitions to an
incorporated organization.
As noted in the Funding Agreement (Appendix A), the City of Kitchener would provide a total
of $15,000 of transitional funding ($7,500 in 2021 and $7,500 in 2022) to assist the Club
during the incorporation and initial start up process. This funding will be used to offset the
costs of insurance, incorporation, implementing a member/ride registration system and
ensure continued volunteer recognition efforts. In addition, the City of Kitchener will provide
additional support that would include advisory support from a sports lawyer, legal costs
associated with filing, access to meeting space for Club activities and staff assistance in
developing the initial application for the Tier Two grant program and other relevant
government grant programs.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
Page 4 of 22
FINANCIAL IMPLICATIONS:
As the Club transitions to incorporation, staff recommend the City provide $15,000 over two
years to support the club and its additional costs.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
CONSULT — At the "All Members Meeting (Zoom)" on July 81", 2021 the Club's leadership
team presented the recommendation for incorporation. 64 members were in attendance
and the recommendation was approved by 98.5% of those in attendance.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Michael May, General Manager Community Services & DCAO
ATTACHMENTS:
Appendix A — Funding Agreement
Page 5 of 22
Between
-and-
THIS FUNDING AGREEMENT dated the 1st day of December, 2021.
THE CORPORATION OF THE CITY OF KITCHENER
(the "City")
KITCHENER EASY RIDERS CYCLE CLUB
(the "Recipient")
WHEREAS s. 107 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a municipality may make grants, on
such terms and conditions as to security and otherwise as the council considers appropriate, to any person, group,
or body, including a fund, within or outside the boundaries of the municipality for any purpose that council
considers to be in the interests of the municipality;
AND WHEREAS the Recipient has applied to the City for a grant to assist the Recipient in the Recipient's activities
as described in Schedule A ("the Funded Activity');
AND WHEREAS the City approved a grant be made to the Recipient in connection with the Recipient's activities
upon such terms and conditions as are more particularly described in this agreement;
NOW THEREFORE in consideration of the mutual covenants and other terms and conditions in this Agreement,
the parties agree each with the other as follows:
1. Schedules Forming Part of Agreement
The following Schedules are attached to this Agreement and form part of this Agreement:
a. Schedule A: Description of Funded Activity
b. Schedule B: Maximum Contribution and Permitted Expenditures
2. Term
The Agreement shall commence on the date this Agreement is signed by both parties, and shall terminate on
the Funded Activity End Date as set out in Schedule A ("Term"), or shall terminate on such earlier date as set
out in this Agreement.
3. Funding
Subject to the terms and conditions of this Agreement, the City shall provide funding and in-kind assistance
to the Recipient as set out in Schedule B, which amount shall be payable and assistance provided as set out in
Schedule B. Payment of any monies under this Agreement is subject to the availability of funds in the City's
current approved budget.
4. Use of Funding
The Recipient covenants and agrees that the Recipient shall use the funding solely for the purpose of paying
the Permitted Expenditures in connection with the Funded Activity and for no other purpose.
Page 6 of 22
5. Reports
Where required by the City, the Recipient shall submit the reports as set out in Schedule A, on or before the
date set out in Schedule A to the City in a form and content satisfactory to the City. The reports shall include
a financial statement for the period covered by the reports.
6. Right of Inspection
The City or anyone designated in writing by the City may audit and inspect accounts, records, receipts,
vouchers, and other documents relating to the funding and shall have the right to make copies thereof and
take extracts. The Recipient shall make available all facilities, physical and otherwise, for such inspections and
shall furnish the City and its authorized representatives with all such information as it, or they, may from time
to time require with reference to such accounts, records, receipts, vouchers, and other documents.
7. Richt of Attendance
The City or anyone designated in writing by the City may audit and attend any meetings of the members of
the Recipient, and the Recipient shall provide the City with notice of such meetings and all supporting
documentation and materials at such meeting. Nothing herein contained shall grant the City any voting rights
in the Recipient, unless the City makes successful application for membership in the Recipient, in accordance
with its constating documents.
8. Official Notification
Any notice required to be given under this Agreement shall be given or provided by personal delivery, mail,
email or courier service at the postal address of the receiving party as set out below and shall be deemed to
have been received one working day after they are sent:
a. The City: Community Services, The Corporation of the City of Kitchener, City Hall, 200 King St W
Kitchener, ON N2G 4G7 Attention: LoriAnn Palubeski
b. The Recipient: As set out in Schedule A
Either party to this Agreement may, at any time, give notice under this section to the other of a change of
address.
9. Informing the Public of the City's Contribution
The Recipient acknowledges that the City may publicize the name of the Recipient, the amount of the
contributions and the nature of the activity supported under this Agreement. The Recipient shall recognize
the City as a funding contributor in all Funded Activity -related publicity.
10. Termination
Despite any other provisions in this Agreement, the City may terminate this Agreement for any reason,
effective upon the giving of thirty (30) days' prior written notice to the Recipient. Any termination by the City
under this Agreement shall be without compensation, penalty or liability on the part of the City, and shall be
without prejudice to any of the City's legal or equitable rights or remedies.
11. Indemnity
The Recipient shall indemnify and save the City, its officers, directors, employees, agents and Councillors,
harmless from and against all claims, actions, losses, expenses, costs or damages of every nature and kind that
the City may suffer, caused or alleged to be caused by any willful or negligent act, omission or delay on the
part of the Recipient or its officers, directors, employees, contractors or agents, in connection with anything
Page 7 of 22
purported to be or required to be done by the Recipient in connection with this Agreement or the Funded
Activity.
12. Insurance
It is the responsibility of the Recipient and their Insurance Broker to review all potential operations and
exposures to determine if the coverage and limits noted below are sufficient to address all insurance related
exposures presented by the specifications of the Services. The Recipient shall insure its undertaking, business
and equipment under the following coverage so as to protect and indemnify and save harmless the City:
a. General liability insurance: The Recipient shall maintain liability insurance acceptable to the City
throughout the term of this Agreement. Coverage shall consist of a comprehensive policy of public
liability and property damage insurance, with all applicable coverage extensions/endorsements
available, in an amount of not less than $2,000,000 per occurrence. Such insurance shall name The
Corporation of the City of Kitchener as an additional insured with a cross liability endorsement and
severability of interests provision. The policy SIR/deductible shall not exceed $100,000 per claim
(unless otherwise approved by the City's risk management) and if the policy has an aggregate limit,
the amount of the aggregate shall be double the required per occurrence limit. A combination of
primary coverage plus umbrella or excess liability insurance may be used.
b. Provisions: Upon execution of this Agreement, the Recipient shall forward Certificates of Insurance
acceptable to the City evidencing this insurance with the executed Agreement and thereafter on or
prior to the expiry of the insurance coverage. These Certificates shall state that coverage will not be
suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail to the City.
c. It is also understood and agreed by the Recipient that in the event of a claim any deductible or self-
insured retention (SIR) under these policies of insurance shall be the sole responsibility of the
Recipient and that this coverage shall preclude subrogation claims against the City and any other
person insured under the policy and be primary insurance in response to claims. Any insurance or
self-insurance maintained by the City and any other person insured under the policy shall be
considered excess of the Recipient's insurance and shall not contribute with it. The minimum amount
of insurance required herein shall not modify, waive or otherwise alter the Recipient's obligation to
fully indemnify the City under this Agreement.
13. Compliance with Laws
The Recipient shall carry out the Funded Activity in compliance with all applicable federal, provincial and
municipal laws, by-laws, policies, guidelines, rules and regulations, including applicable privacy legislation,
environmental legislation. The Recipient shall obtain, prior to the commencement of the Funded Activity, all
permits, licenses, consents and other authorizations that are necessary to the carrying out of the Funded
Activity.
14. Municipal Freedom of Information and Protection of Privacy Act and The Municipal Act, 2001
The Recipient acknowledges that all records in the City's control (including any records provided by the
Recipient to the City) are subject to the provisions of the Municipal Freedom of Information and Protection of
Privacy Act, and such records may be disclosed by the City to the public upon request under that Act. The
Recipient further acknowledges that pursuant to the Municipal Act, 2001, the proceedings of City Council are
matters of public record. The Recipient acknowledges that the City does not make any covenants with respect
to maintaining the confidentiality of any records the Recipient provides to the City.
3
Page 8 of 22
15. Assignment
The Recipient shall not assign this Agreement or any interest in this Agreement without the prior written
consent of the City, and for the purposes of this Agreement, assignment shall include any transfer in the
majority ownership or controlling interest in the Recipient, whether through the sale of shares, direct
acquisition of assets or otherwise.
16. Relationship Between the Parties
The Recipient is not in any way authorized to make a promise, agreement or contract on behalf of the City.
This Agreement is a funding agreement only, not a contract for services or a contract of service or
employment. The City's responsibilities are limited to providing financial and in kind assistance to the
Recipient towards the Eligible Expenditures. The parties hereto declare that nothing in this agreement shall
be construed as creating a partnership, an employer-employee, or agency relationship between them. The
Recipient shall not represent itself as an agent, employee or partner of the City.
17. Headings
The headings in this Agreement are for ease of reference only and shall not be taken into account in the
construction or interpretation of any provision to which they refer.
18. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements,
arrangements, letters of intent, understandings, negotiations and discussions, whether oral or written, of the
parties pertaining to the Funded Activity. The Recipient acknowledges that it has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
19. Waiver
Failure by either party to exercise any of its rights, powers or remedies shall not constitute a waiver of those
rights, powers or remedies.
20. Force Majeure
Neither party shall be responsible for damage caused by delay or failure to perform under the terms of this
Agreement resulting from matters beyond the control of the parties including strike, lockout or any other
action arising from a labour dispute, fire, flood, act of God, war, riot or other insurrection, lawful act of public
authority, or delay or default caused by a common carrier that cannot be reasonably foreseen or provided
against.
21. Payment of monies is Subject to City Budget Approval
Any payment under this Agreement is subject to the approval by City Council for the fiscal year in which the
payment is to be made. In the event that the City Council cancels or reduces the level of funding for any fiscal
year in which payment is to be made under the Agreement, the City may terminate this Agreement or reduce
the amount of its contribution payable under the Agreement in that fiscal year by such amount that it deems
advisable. Where, pursuant to this section, the City intends to reduce the amount of its contribution under
the Agreement, it shall give the Recipient not less than thirty (30) days' notice of its intention to do so. Where,
as a result of reduction in funding, the Recipient is unable or unwilling to complete the Funded Activity, the
Recipient may, upon written notice to the City, terminate the Agreement. The Recipient shall not hold the City
liable for any reduction or termination of funding.
Page 9 of 22
22. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
23. Canadian Currency
Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be
advanced, paid or calculated in Canadian currency.
IN WITNESS WHEREOF the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk and
the Recipient has hereunto affixed its seal under the hands of their duly authorized signing officers.
SIGNED, SEALED & DELIVERED
in the presence of
THE CORPORATION OF THE CITY OF KITCHENER
Michael May Date
General Manager, Community Services
and Deputy CAO
I have authority to bind the Corporation.
Kitchener Easy Riders Cycle Club
Print Name:
Title:
"I/We Have Authority to Bind the Corporation"
SCHEDULE A— FUNDED ACITIVITY PARTICULARS
Date
5
Page 10 of 22
THE FUNDED ACTIVITY
1. Full Legal Name of Recipient: Kitchener Easy Riders Cycle Club
2. Address for Service of Notice: 86 Royal Orchard Drive, Kitchener, Ontario. N2N 1.16
3. Primary Contact Name: Graham Vincent Phone #: 519-747-0166
4. Funded Activity Start Date (date for which funding will be commenced): December 1, 2021
5. Funded Activity End Date (date for which funding will end): May 30, 2023
6. FUNDED ACTIVITY DESCRIPTION:
The Kitchener Easy Riders Cycle Club is a not-for-profit group that organizes bicycling activities for seniors,
encourages safe cycling practices and creates social opportunities for members to share experiences and
fellowship.
7. The Recipient shall provide the following Reports to the City:
a. Annual Report — due no later than the end of February of the following year for each prior year. The report
shall include yearly activity plan, highlights of the full year's outcomes, year-end financial monitoring
including final revenue and expenditure statements; to be signed by the Board Chair and an authorized
employee.
b. Board Contact Information —A complete list of the Board of Directors for the organization, which includes
the contact information for each member.
c. Annual Financial Statement — to be provided in accordance with the legislation in advance of the
Recipient's Annual General Meeting.
6
Page 11 of 22
SCHEDULE B —MAXIMUM CONTRIBUTION AND PERMITTED EXPENDITURES
The City of Kitchener will provide to the Easy Riders Cycle Club transitional funding in the amount of $10,000
($7,500 cash and $2,500 in kind) annually for the period of December 2021- 2022 and September 2022 -May 2023.
Financial Contribution
1. Maximum Contribution of the Ci
The total amount of the City's contribution annually towards the Funded Activity under this Agreement is
$7,500 in funding.
2. Disbursement of fundi
Subject to the Recipient's compliance with the provisions of this Agreement, the City's financial contribution
shall be disbursed to the Recipient over the Term of this Agreement, as one payment of funds annually for the
entire Funded Activity, to be paid within 30 days of execution of this Agreement, and annually thereafter.
3. Permitted Funded Activity Expenditures
Permitted Expenditures for the Funded Activity may include the following:
a. Insurance;
b. Member registration and ride registration system;
c. Volunteer Recognition;
d. Professional Fees;
e. General Administrative Costs;
Program Supplies;
Community Meetings and Events; and
Other Program Costs
4. Conditions governing Permitted Expenditures
The Permitted Expenditures set out above are subject to the following conditions:
a. Permitted Expenditures must be incurred during the Funded Activity Start Date and End Date;
b. depreciation of capital assets is not eligible;
c. fines and penalties are not eligible; and
d. the cost of alcoholic beverages, recreational cannabis or travel expenses are not eligible.
In -Kind Contribution
Contribution by the City
In -Kind Contributions from the City may include the following, estimated at being valued at approximately
$2,500 per year:
a. Payment by the City of the Recipient's legal and filing fees for incorporation;
b. Subject to availability, space for up to 7 club events/activities per year at a City of Kitchener facility,
with schedule and location to be to the mutual agreement of the City and the Recipient
c. Reasonable, supervised use of City's Zoom account for the purpose of conducting membership
meetings while COVID-19 restrictions are in place, such use to be subject to the prior approval of the
City
Staff assistance to develop initial grant application for City's grant process
Page 12 of 22
e. On request, Complimentary Kitchener Group Card for any Recipient members during the term of this
Agreement
Page 13 of 22
Staff Report
Develo n7ent Services Deoartr7ent
REPORT TO: Community & Infrastructure Services Committee
DATE OF MEETING: November 8, 2021
SUBMITTED BY: Barry Cronkite, Director, Transportation Services,
519-741-2200 ext. 7738
PREPARED BY: Barry Cronkite, Director, Transportation Services,
519-741-2200 ext. 7738
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: October 21, 2021
REPORT NO.: DSD -2021-174
www. kitchener ca
SUBJECT: Transfer of Jurisdiction - Duke St W between Victoria Street and the Rail
Corridor
RECOMMENDATIONS:
That Council support the assumption of Duke St between Victoria St and the rail corridor
by the Region of Waterloo; and further,
That Council support the inclusion of an active transportation underpass on Duke Street
at the rail corridor that connects the adjacent neighbourhood to downtown and the
King/Victoria Transit Hub
REPORT HIGHLIGHTS:
• The purpose of this report is to support the assumption of Duke Street between Victoria
Street and the rail corridor by the Region of Waterloo.
• The key finding of this report is that it is necessary to close Duke Street at the rail corridor
to support higher order rail transit
• There are no financial implications.
• Community engagement included a public meeting hosted by Metrolinx with the directly
affected neighbourhood in 2019.
• This report supports People -friendly Transportation and Environmental Leadership.
BACKGROUND:
On May 7, 2018, Council passed a motion that called upon political parties at all levels of
government to remain committed to bringing both two-way all -day GO rail service from Toronto
to Kitchener by 2024 and Canada' s first high-speed rail line from Toronto to London by 2025.
The King/Victoria Transit Hub (KVTH) site is a key component of those commitments. The
KVTH site is planned to be a mobility hub, connecting the Region of Waterloo to Toronto through
higher order transit service. It is expected that passengers will connect seamlessly through the
co -location of ION, GO Transit (rail and bus service), VIA rail service, intercity bus, passenger
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 14 of 22
vehicles and GRT. Metrolinx is completing needed corridor improvements to accommodate
enhanced speed and frequency of the Kitchener line GO service,. The shared
municipal/regional/provincial vision is that Kitchener GO expansion will transform the line into a
truly frequent rapid transit experience and feed directly into/through the Region's transit hub and
transform the way people move through not only Waterloo Region, but southern Ontario.
REPORT:
Two-way, all -day service to Kitchener requires new infrastructure at key locations along the
corridor and creates interface challenges between the rail operations and public rights of way.
One of the primary challenges is the at -grade rail crossing of Duke Street W. The typical GO
train used along the line is 12 cars long and needs a platform approximately 315 metres in length
to accommodate access to those cars. By accommodating a platform of that size at the
King/Victoria transit hub, the train would extend into the Duke Street right of way, as shown in
figure 1.
Figure 1
Train length at Platform
+ EDGE OF AT—GRADIS
— PLATFORM CROSSING
SHELTER (TYP.)
l �
- � r
_ N
•d"
+77;
EXISTING Fz,
f r _
t r ,
W �° IdEFf20UNX PROPERTY 5W_r
�Wy
LU
1
PROPOSED INSULA -10
An alternative alignment was considered that could have lessened the impact on Duke Street
and would have seen the train pushed beyond King Street. However, locating the platform more
westerly would force the realignment of a spur rail line adjacent to Victoria Park, and require
property purchases that would affect several properties. Ultimately the alternative alignment
was screened out through the assessment process.
Metrolinx held a public meeting was held on November 28, 2019 to share the future rail corridor
design, including the closure of Duke Street between Victoria Street and the rail corridor. 37
Page 15 of 22
residents as well as local media outlets attended the meeting. Generally, the public was
supportive of higher order transit, but concerned about the impacts the closure would have on
the neighbourhood and wanted to ensure appropriate mitigation measures were considered.
Through thorough analysis, Metrolinx screened out the feasibility of an under/overpass for
vehicular traffic given significant geometric constraints. Additionally, a traffic study was
completed that demonstrates that there is sufficient vehicular capacity within the street network
to accommodate the closure with limited impact to the adjacent neighbourhood From a vehicle
capacity and safety standpoint, the closure of Duke Street can be accommodated.
While vehicular transportation can be accommodated, concerns were also raised by the City of
Kitchener and members of the community around pedestrian and bicycle access from the Mount
Hope Breithaupt neighbourhood and the downtown. This has already been exacerbated by the
closure of Waterloo Street and Ahrens Street; both of which will remain closed in the future. A
feasibility assessment of a pedestrian and cyclist link under the rail corridor at Duke Street has
been completed and is included in preliminary designs provided to staff by Metrolinx. The
inclusion of this connection is very important to ensure that active transportation and connection
to the downtown is maintained in order to move towards achieving Council's stated target of an
80 per cent greenhouse gas reduction target by 2050. Staff at both the City and the Region of
Waterloo consider an active transportation corridor with direct connection to the rail platforms a
necessary component of the overall design and a requirement of the closure of Duke Street
between Victoria Street and the rail corridor.
In order to facilitate the closure of Duke Street between Victoria Street and the rail corridor,
Region of Waterloo staff (in consultation with City staff) have proposed an approach that would
see the portion of Duke Street between the rail corridor and Victoria Street both assumed and
closed by the Region of Waterloo. In this approach, any remaining right of way would be used
to provide direct access to the King/Victoria transit hub. This approach would also see the
inclusion of a pedestrian/cyclist underpass with proposed access directly to the rail platforms. It
is worth noting that as per the Municipal Act, an upper tier municipality has the authority to
assume roadways that are currently within the lower tier's jurisdiction.
It is staff's understanding that the Region does not intend to immediately close Duke Street at
this time but would do so upon commencement of track improvements by Metrolinx. Legal
Services and Transportation Services staff support the Region assuming this portion of Duke
Street as proposed. Staff are therefore recommending that Council support the assumption of
the portion of Duke Street from Victoria Street to the rail corridor by the Regional Municipality of
Waterloo. Staff will continue to work with both the Region of Waterloo and Metrolinx to ensure
all future infrastructure easements and an active transportation corridor are included within the
Duke Street corridor.
STRATEGIC PLAN ALIGNMENT:
This report supports People -friendly Transportation.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Page 16 of 22
Operating Budget — The recommendation has no immediate impact on the Operating Budget,
however the inclusion of an active transportation corridor in future works will require analysis to
better understand the associated operating costs.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
CONSULT — A meeting was held (hosted by Metrolinx) with the community in 2019 (prior to the
pandemic) to discuss the potential closure of Duke St. Generally, the public was supportive of
higher order transit, but concerned of the impacts the closure would have on the neighbourhood.
Subsequently, a traffic study was completed that demonstrates that there is sufficient capacity
within the street network to accommodate the closure with limited impact to the adjacent
neighbourhood
COLLABORATE — Staff from the City of Kitchener, Region of Waterloo and Metrolinx continue
to meet regularly regarding ongoing plans and designs to ensure community needs are being
met.
APPROVED BY: Justin Readman, General Manager, Development Services
Page 17 of 22
Staff Report
Infrastructure Services Department
REPORT TO: Community & Infrastructure Services Committee
DATE OF MEETING: November 8, 2021
SUBMITTED BY: Niall Lobley, Director of Parks & Cemeteries (x4518)
PREPARED BY: Mark Parris, Landscape Architect (x4397)
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: October 19, 2021
REPORT NO.: INS -2021-10
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SUBJECT: RBJ Schlegel Park, Phase 2 — Consultant Fee Increase
RECOMMENDATION:
That an extension of the purchase order to a+LINK Architecture Inc., the RBJ Schlegel
Park Phase 2 Design & Contract Administration, in the amount of $108,898 plus
H.S.T., be approved.
REPORT HIGHLIGHTS:
• The purpose of this report is to extend an existing consultant fee purchase order to
account for significant design changes.
• Financial implications are addressed within the project budget allocation and
projected project contingencies. No additional funding is being requested.
• Community engagement included a comprehensive online presence using the
Engage Kitchener platform and tools within it. A public survey was conducted
between January and February of 2021
• This report supports the delivery of core services and responds to changing trends in
outdoor recreational demands delivered by the city.
BACKGROUND:
RBJ Schlegel Park is made up of five distinct implementation phases following the directions
of the original South Kitchener District Park Master Plan (now RBJ Schlegel Park) in 2013,
and an associated indoor aquatics facility.
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Phase 2 of the park development was scoped to include site and facility development,
including: interior and exterior facility development to convert the existing heritage residence
to public washroom and changerooms, a new operations and maintenance building within
an existing compound, and further site development including roadway extension, parking,
tennis courts (lit), basketball courts, volleyball courts, tree planting and landscaping.
a+LiNK Architecture was retained by the City through the consultant selection process (P19-
106) in August/September 2019 to complete the design, contract documentation, tender
preparation, contract administration and inspections. The Council approved for a+LiNK
Architecture is $217,685.00 pre -HST. Additional costs have been incurred through design
which have led to cost savings and efficiencies in contract delivery.
All additional costs are within the approved budget established for Phase 2, reflected above.
The existing heritage residence conversion has been tendered and approved through
Council on May 17, 2021. The balance of site works in Phase 2 were tendered and awarded
successfully on August 23, 2021.
REPORT:
Through the Phase 2 design, additional costs of $108,898 have been incurred to cover items
outside of the original scope of work included in the original consultant award. The increase
can be attributed to three specific actions directed by the City with an understanding of cost
and schedule implications at the time of development:
1. Site development scope overhaul
2. Contract splitting
3. Facility design initiatives explored
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Description
Timing
Budget
Forecast/Actual
Phase 1
Site preparation, sport fields,
Completed
$11,112,066
$11,411,911
playground, splashpad and
trails
Phase 2
Washroom and Operations
Ongoing —
$5,755,040
$5,573,529
Building, Multi Sport Courts
complete in
2022
Phase 3
Future site development work
Mid 2022 -
$1,234,185
$1,019,349
and wifi
2023
Phase 4
Fisher Hallman Entry and
Scheduled
$2,590,173
$2,880,408
Artificial Turf
2025/26
Phase 5
Skatepark
2027 or
$1,405,991
$1,216,418
later
Totals
$22,108,455
$22,101,615
Phase 2 of the park development was scoped to include site and facility development,
including: interior and exterior facility development to convert the existing heritage residence
to public washroom and changerooms, a new operations and maintenance building within
an existing compound, and further site development including roadway extension, parking,
tennis courts (lit), basketball courts, volleyball courts, tree planting and landscaping.
a+LiNK Architecture was retained by the City through the consultant selection process (P19-
106) in August/September 2019 to complete the design, contract documentation, tender
preparation, contract administration and inspections. The Council approved for a+LiNK
Architecture is $217,685.00 pre -HST. Additional costs have been incurred through design
which have led to cost savings and efficiencies in contract delivery.
All additional costs are within the approved budget established for Phase 2, reflected above.
The existing heritage residence conversion has been tendered and approved through
Council on May 17, 2021. The balance of site works in Phase 2 were tendered and awarded
successfully on August 23, 2021.
REPORT:
Through the Phase 2 design, additional costs of $108,898 have been incurred to cover items
outside of the original scope of work included in the original consultant award. The increase
can be attributed to three specific actions directed by the City with an understanding of cost
and schedule implications at the time of development:
1. Site development scope overhaul
2. Contract splitting
3. Facility design initiatives explored
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Site Development Scope Overhaul ($41,748)
Phase 2 development is coinciding with the Business Case and Concept Development of
the Indoor Recreation Centre, separately awarded through P20-187 to ZAS Architecture.
The scope of the indoor recreation centre was further refined through this process, and
through it, staff found an opportunity to shift parking requirements from Phase 2
development into the planning of the indoor recreation centre.
This shift allowed for a true park development phase, reducing the footprint of parking and
providing higher quality recreational amenities for the community. It also provided flexibility
in the future entry road from Fischer Hallman Rd., further increasing the space available for
recreational purposes.
A secondary influence was the emergence of two recreational trends since both the SKDP
Master Plan (2013) and scoped Phase 2 design (2019) — pickleball and outdoor fitness
equipment, further supported through public consultation conducted in early 2021. With
additional space vacated by parking allocation, the city could respond to these demands
with appropriate allocation of space and infrastructure.
The result was a full redesign of Phase 2 site development from the original scope to better
suit recreational trends and to maximize park space utilization for community recreational
amenities, requiring increased consulting time and design efforts.
Contract Splitting ($51,940)
The original terms of reference P19-106 identified the project as a singular construction and
review/approval effort.
As the design progressed through 2019 and 2020, the conditions of the Heritage House and
forecasted increased demand for washroom/changeroom facilities, direction was given by
the city to split the work into two distinct contracts and approval processes:
1. Heritage House Renovation
2. Operations Building & Site Development
The new division allowed the project to proceed with two separate critical paths to advance
the washroom construction as soon as possible and provide an opportunity to pre -qualify
contractors for the heritage house renovation work due to its specialty scope, removing it
from the portfolio of a general contractor.
Through the splitting of the contracts a significant efficiency has been realized through being
better able to attract specialised contractors to perform work at appropriate times of year
and lowering contractor overheads through more efficient project management. By splitting
the work, staff are confident that they maximised the attractiveness and competitiveness of
the contractor bids for development of the two phases. The split will also be advantageous
as renovation efforts to the heritage house are best performed in ideal weather conditions
(e.g. masonry repointing), providing both practical and financial incentive to separate the
work.
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The heritage house renovation has been pre -qualified, tendered and awarded And
construction is expected to begin in late -June. The value of the contract is $998,870 pre -
HST. The cost of this portion of the increased consultant fees will be offset by the expected
savings of the industry standard 5% general contracting carrying costs under a singular
contract structure.
The second portion of Phase 2 has now been tendered, awarded and work is beginning
during Fall, 2021. The value of the contract is $3,306,204.50, pre -HST and provisional items
(funded by sponsorship revenue as per INS -2021-6). This tender was awarded with savings
of $175,606.13.
Facility Design Sustainability Initiatives Explored ($15,210)
The city chose to explore various energy modelling and cost/benefits of heating and cooling
systems for both indoor facilities. The original scope of work did not include feasibility of
various system designs for either facility component, however the work and data produced
was critical to understanding the impacts and costs of such initiatives to best inform the city's
decision making and resulted in the elimination of natural gas usage at the washroom and
future readiness for further energy efficiencies at the Operation Facility once additional
power supply is provided to the Aquatic Facility.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Funding for the purchase order extension will be provided from the approved budget through
overall project contingencies and efficiencies realised through the design scope change.
The required funding increase is fully supported within the approved budget and there is no
requirement for additional funding.
RBJ Schlegel Phase 2 Design and Contract Admin
Estimated Cost for Consulting Services
Additional Consulting Fees
$
110,814.61
Original Consulting Costs net of HST
$
228,520.00
Estimated Cost for Consulting Services
$
339,334.61 C
Budget for Consulting Services
Total Budget
$
300,000.00 B
Estimated Surplus/(Deficit) (B - C
$
39,334.61 D
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COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
CONSULT — A public survey was conducted between January and February of 2021 though
the Engage Kitchener platform. 352 responses were received and 598 further informed by
the survey. Over 1,200 individuals visited the survey and were aware of the information.
PREVIOUS REPORTS/AUTHORITIES:
• FIN -2021-33 Q21-067 RBJ Schlegel Park Heritage House Washroom Renovation
• FIN -2021-43 Q21-106 RBJ Schlegel Park Phase 2 — Operations Building and Site
Development
• INS -2021-6 RBJ Schlegel Sponsorship Funding 2020/2021
APPROVED BY: Denise McGoldrick, General Manager, Infrastructure Services
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