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If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or by calling 416-392-8032.

Declarations of Interest under the Municipal Conflict of Interest Act.

Confirmation of Minutes – February 2, 2010

Speakers/Presentations – A complete list will be distributed at the meeting

Communications/Reports 

The General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer recommend that:

PAVEMENT DEGRADATION FEES

1.         City Council approve the Pavement Degradation Fee Schedules and conditions for waiving of fees contained in Appendix C of the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, for all utility cuts to the City of Toronto’s pavements and that the fee schedules be implemented effective June 1, 2010.

2.         City Council direct that the fee schedules be applied uniformly to all utility companies and any other persons, agencies or organizations that carry out installation, replacement or repair of underground equipment, services or structures.

3.         City Council direct that the funds collected from these fees be dedicated to road reconstruction, resurfacing and maintenance and be placed in an obligatory reserve fund, called the “Pavement Degradation Fee Reserve Fund,” to be established for this purpose and administered through Transportation Services’ Capital and Operating Budgets.

4.         City Council amend Municipal Code Chapter 227 (Administration of Reserves and Reserve Funds) by adding the “Pavement Degradation Fee Reserve Fund” to Schedule 14 – State of Good Repair Obligatory Reserve Funds.

5.         City Council amend Municipal Code Chapter 441 (Fees and Charges) by adding to “Appendix C” the Pavement Degradation Fee Schedules contained in Appendix C of the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, to Schedule 2 (Transportation Services).

6.         City Council amend Municipal Code Chapter 743 (Streets and Sidewalks) as necessary to require the payment of pavement degradation fees by all persons, including utilities, applying for the cut permit for the installation, replacement or repair of underground equipment, services or structures.

IMPROVEMENTS TO THE UTILITY CUT MANAGEMENT PROCESS

7.         City Council approve the “Utility Cut Management Guidelines and Criteria” contained in Appendix E of the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, and direct the General Manager, Transportation Services to incorporate the guidelines and criteria in the standards document entitled, “Municipal Consent Requirements (MCR)” and all technical specifications for the repair of temporary and permanent utility cuts.

8.         City Council amend Municipal Code Chapter 441 (Fees and Charges) by increasing the Utility Cut Billings Fee, for engineering and supervision in “Appendix C” (Schedule 2 (Transportation Services)), from 19.0 percent to 22.5 percent to reflect the increased cost of additional resources required for the Transportation Services Division’s cut repair operations and that this revised fee be implemented effective June 1, 2010.

9.         City Council amend Municipal Code Chapter 743 (Streets and Sidewalks) as necessary to implement the recommendations in the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, and the “Utility Cut Management Guidelines and Criteria” as contained in Appendix E of this report.

10.       City Council approve the ‘Full Stream’ Utility Cut Permit Fee, as set out in the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, for all full stream utility cut permit applications submitted to the City.

11.       City Council amend Municipal Code Chapter 441 (Fees and Charges) by adding a ‘Full Stream’ Utility Cut Permit Fee in the amount of $600.00 per full stream application submitted to the City for review and inspection, in “Appendix C” (Schedule 1(Technical Services)), and that it be collected at the time full stream applications are submitted to the City and that this new fee be implemented effective June 1, 2010.

12.       City Council amend Municipal Code Chapter 743 (Streets and Sidewalks) as necessary to require the payment of the Full Stream Utility Cut Permit Fee by all persons, including utilities, applying for a cut permit for the installation, replacement or repair of underground equipment, services or structures.

13.       City Council direct the General Manager, Transportation Services, to submit, for consideration, as part of the 2010 and 2011 Operating Budget deliberations, the additional resources required to implement the recommended “Utility Cut Management Guidelines and Criteria.”

14.       City Council direct the General Manager, Transportation Services, to proceed with the implementation of the “Immediate” and “Short Term” planned initiatives discussed in the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer.

15.       City Council direct the General Manager, Transportation Services, to study and evaluate the financial, legal and resource implications related to the initiatives identified in the “Intermediate” and “Long Term” plans discussed in the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, and report back to the Public Works and Infrastructure Committee, at the appropriate time, after the completion of the assessment.

16.       City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto and leave be granted for the introduction of any necessary Bills in Council to give effect thereto.

The City of Toronto has more than 5,600 kilometres of roads which are vital to the economic health of the city and the service to our residents, businesses and visitors.  It is important, therefore, that these roads are maintained in an acceptable condition for all users.  This means that the roads must be safe to use, comfortable to ride or walk on and look in reasonably good shape.

Cuts into the roads by utility companies lead to serious deterioration of our roads.  These are the cuts to the pavement made by the utility companies, such as Toronto Hydro, Enbridge, Bell, telecom companies, and even our own Toronto Water Division, to install, repair or expand their underground services.  The repairs or patches to these utility cuts can result in a very uneven pavement that is uncomfortable to drive, cycle or walk on and is usually visually intrusive.  At times, the patches can settle to a point where they create a hazard.

It is recognized that these utility companies provide valuable and essential services to the residents and businesses of our City and, accordingly, it is necessary to accommodate their needs as much as possible.  However, each year the City issues permits for more than 38,000 utility cuts to our roads and that number is growing annually.  To put this into perspective, this number of utility cuts totals over 200,000 square metres of pavement or the equivalent of the width of Yonge Street from Lake Ontario to Steeles Avenue (a total length of 17 kilometres).  The disruption of this number of utility cuts to businesses, residents and visitors of Toronto is significant and the impact on the service-life of the road network is substantial.

Recognizing the extent of utility cut activity in our City and the resulting disruption to our communities, in 2006 City Council requested the Transportation Services Division to undertake a study of the impact of utility cuts on our pavements and, more specifically, the development of a “Pavement Degradation Fee Schedule.”  These fees would be an additional fee charged to the utility companies for the cuts that they make to the road pavements that would allow the City to recover the costs that it incurs due to the resulting reduction in the pavement service-life as well as increased maintenance expenses.  All fees collected would go to a reserve fund for future road repairs and maintenance in the City.  This report presents the findings of the 2-year study that involved extensive data collection and analysis of the impact of utility cuts on the City’s pavements, outlines how the pavement degradation fees were developed, the implications of the fees to the utility companies, including Toronto Water, and a strategy for their implementation.  In addition, this report seeks City Council approval on the establishment of a reserve fund from the fees collected from utility companies, Toronto Water and similar providers to help pay for the future reconstruction, resurfacing and maintenance of the City’s roads.

Until now, the City has focused its efforts on ensuring that the road pavements are structurally sound.  However, the complaints received by the City from residents and businesses with respect to the condition of our roads are not typically related to the structural integrity of the pavement, although obviously important, but more so on the comfort when using the roads as well as on the look of the roads.  Therefore, the Transportation Services Division has undertaken a review of the overall utility cut management process, including standards, requirements, levels of inspection and enforcement, etc. to determine whether a different approach is needed to more effectively address the concerns of the travelling public.  Accordingly, this report identifies opportunities for improvements to the utility cut management process and recommends the timeframes for implementation.

By adopting the recommendations in this report, the City will be able to more effectively manage the utility cut process.  We will also be able to ensure that the necessary measures and funds are in place to maintain the roads in a safer, more usable condition for all users.

Finally, there will be a communications system in place that would enable the public to know when and where utility cut repairs are taking place.

Approval and implementation of the Pavement Degradation Fee Schedules will result in an average annual cost recovery for the Transportation Services Division of $4.0 million. This estimate is based on a weighted average pavement degradation fee of $20.00 per square metre and assumes 2008 levels for pavement-related utility cut work and repair in the amount of 200,000 square metres. The amounts generated from these fees will be dedicated for use within the Transportation Services Division’s Capital and Operating Budgets to offset the cost of rehabilitation or repair of the City’s pavements due to utility cuts.  Estimated revenue from pavement degradation fees for 2010 is $1.0 million and it is included in the Transportation Services’ 2010 Recommended Operating Budget to recover pavement maintenance costs.

Adoption of the Pavement Degradation Fee Schedules will require the establishment of a reserve fund to accrue funds to be deposited from utility companies and others, which will be used in future years for the reconstruction, resurfacing and maintenance of the City’s pavements.  The fee program will be administered from within existing Transportation Services resources.

An increase in the Utility Cut Billings Fee from the current 19.0 percent to 22.5 percent, for engineering and supervision, would be used to recover the cost of the additional resources, estimated at 20.0 staff positions, at a cost of $0.688 million, required to enhance key areas of field inspection, contract administration, enforcement of standards and specifications through quality control of the utility work undertaken by applicants.  The first ten positions (i.e., 8 Utility Cut Examiners and 2 Maintenance Patrollers) are required in 2010 and will be funded through the revenue generated from the increased Utility Cut Billings Fee. This revenue is estimated at $0.820 million for 2010 and it is included in the Transportation Services’ 2010 Recommended Operating Budget.  The remaining ten positions (i.e., 6 Maintenance Patrollers, 2 Supervisors Contract Inspection, 1 Inspector and 1 Inspector Municipal Construction) required in 2011 will be accommodated through a reallocation of existing vacant positions and reported with the 2011 Operating Budget Process.  An incremental revenue impact of $0.580 million is anticipated in 2011.     

Approval and implementation of the ‘Full Stream’ Utility Cut Permit Fee in the amount of $600.00 per full stream application to be paid by all persons, including utilities, will allow the City to recover its expenses associated with the review and inspection of full stream applications, which for 2010 is estimated at $0.400 million (i.e., based on June 1, 2010 implementation of the fee) with an incremental impact of $0.530 million to June 1, 2011. The anticipated revenues for 2010 are included in the Technical Services’ 2010 Recommended Operating Budget.  

The cost of the recommended “Immediate” and “Short Term” initiatives for improvements to the utility cut management process is minor and requires only collaboration between Toronto Water, Technical Services, Transportation Services and the utility companies. Financial implications related to the initiatives identified as “Intermediate” and “Long Term” will be reported back after a detailed assessment has been undertaken.

The Executive Director, Technical Services, and the Director, Purchasing and Materials Management, recommend that:

1.         The Public Works and Infrastructure Committee grant authority to amend Purchase Order 6019010 for professional services with Genivar Ontario Inc. for provision of general office administration and site supervision services during construction by an additional amount of $602,243.71 net of all taxes ($611,415.45 net of GST and HST Recoveries).

The purpose of this report is to request the authority to amend Purchase Order 6019010 for professional engineering services during construction related to the rehabilitation of switchgears and transformers at various filtration plants and pumping stations. The total amount being requested is $602,243.71 net of all taxes ($611,415.45 net of GST and HST Recoveries).

The amendment for an additional $602,243.71 net of all taxes ($611,415.45 net of GST and HST Recoveries) increases the current contract value from $1,908,547.22 to $2,510,790.93 net of all taxes ($2,519,962.67 net of GST and HST Recoveries).

The funding for the increase is available in the 2010 Toronto Water Capital Budget and the 2011-2019 Capital Plan in account CPW058 – Transmission Facility Rehab and Replacement.  The cash flow requirements for this project are $163,671.45 in year 2010, $305,280.00 in year 2011 and $142,464.00 in year 2012, all net of GST and HST Recoveries).

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Executive Director, Technical Services, and the Director, Purchasing and Materials Management, recommend that:

1.         The Public Works and Infrastructure Committee grant authority to amend Purchase Order 47010191 for the refurbishment of Digesters 1 to 6 at the Humber Treatment Plant with Kenaidan Contracting Limited by an additional amount of $191,113.40 net of GST, revising the current contract value from $43,463,084.11 to $43,654,197.51 net of GST.

The purpose of this report is to request the authority to amend Purchase Order 47010191 in favour of Kenaidan Contracting Limited for the construction services related to the rehabilitation of Digesters 1 to 6 at the Humber Treatment Plant.  The total amount being requested is $191,113.40 net of GST.

Purchase Order 47010191 was amended by an additional $500,000.00 net of GST on April 7, 2009, from $42,963,084.11 for an amended total value of $43,463,084.11 net of GST in accordance with the City’s Financial Control By-law.  The total increase to the original order with the requested amount of $191,113.40 will be $691,113.40 (1.6%).

The contract completion date was extended from December 2008 to November 30, 2009.

The amendment for an additional $191,113.40 net of GST increases the current contract value with Kenaidan Contracting Limited from $43,463,084.11 to $43,654,197.51 net of GST.  Funding is available in the 2010 Toronto Water Capital Budget in account CWW005 (Wastewater Equipment).  The work relating to the amendment for additional funding has already been undertaken by Kenaidan Contracting Limited.  The required contract increase is needed to process the final invoices.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The General Manager, Toronto Water, and the Director, Purchasing and Materials Management, recommend that:

1.         The Public Works and Infrastructure Committee grant authority to amend Purchase Order 6023919 for contracted professional engineering services with CH2M Hill Canada Limited, pursuant to Request for Proposal 9117-07-7177, for the provision of services during construction for the R.C. Harris Building Envelope Rehabilitation by an additional amount of $1,205,811.20, net of all taxes ($1,230,952.37, net of GST and HST Recoveries but inclusive of a 10% contingency allowance), revising the contract value for services during construction from an upset limit of $680,842.80 to $1,886,654.00, all net of all taxes ($1,911,795.17 net of GST and HST Recoveries), and correspondingly revising the total cost for engineering services for the R. C. Harris Water Treatment Plant Building Envelope Rehabilitation from an upset limit of $1,615,336.80 to $2,821,148.00 net of all taxes ($2,846,289.17 net of GST and HST Recoveries) including all disbursements and contingencies.

The purpose of this report is to request the authority to amend Purchase Order 6023919 for the provision of professional engineering services during construction related to the R.C. Harris Building Envelope Rehabilitation (BER) project.  The total amendment being requested is $1,205,811.20 net of all taxes ($1,230,952.37 net of GST and HST Recoveries).  The completion date on the purchase order will be amended from December 31, 2009 to June 30, 2013.

The amendment for an additional $1,205,911.20 net of all taxes ($1,230,952.37, net of GST and HST Recoveries) increases the current contract value with CH2M Hill Canada Limited from $680,842.80 to $1,886,654.00 all net of all taxes ($1,911,795.17  net of GST and HST Recoveries).  Funding for the increase is available in the 2010 Toronto Water Capital Budget and the 2011-2019 Capital Plan in account CPW061 - Harris Water Treatment Plant as follows:

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Executive Director, Technical Services, and the Director, Purchasing and Materials Management, recommend that:

1.         City Council grant authority to enter into agreements with Black & Veatch being the highest overall scoring proponent meeting the requirements of the Request for Proposals to provide contracted professional engineering and program management services for Humber Treatment Plant wastewater process upgrades in the amount of $25,202,185.80 net of all taxes ($25,645,744.27 net of GST and HST Recoveries), including disbursement, provisional allowances and contingencies as follows:

a.         for the initial program planning, ongoing program and project management for a period of 10 (ten) years, in an amount not to exceed $2,807,173.60 net of all taxes ($2,856,579.86 net of GST and HST Recoveries) including labour, disbursements, provisional allowances and contingencies. This amount includes a contingency allowance of $255,197.60 net of all taxes for additional services, if necessary and authorized by the Executive Director, Technical Services;

b.         for the preliminary design, and detail design, in an amount not to exceed  $7,288,600.00 net of all taxes ($7,416,879.36 net of GST and HST Recoveries) including labour, disbursements, provisional allowances and contingencies. This amount includes a contingency allowance of $662,600.00 net of all taxes for additional services, if necessary and authorized by the Executive Director, Technical Services;

c.         for services during construction including general office administration and site supervision services, in an amount not to exceed  $13,885,412.20 net of all taxes ($14,129,795.45 net of GST and HST Recoveries) including provisional allowances and contingencies for a construction period of eight years.  This amount includes a provisional allowance of $1,016,802.00 net of all taxes for additional site inspection services during construction by core inspection team beyond 8 years of construction at a weekly rate not to exceed $19,554.00 net of all taxes per week; an overall contingency allowance of $1,262,310.20 net of all taxes for additional services, if found necessary and is authorized by the Executive Director, Technical Services; and

d.         for post-construction services, in an amount not to exceed $1,221,000.00 net of all taxes ($1,242,489.60 net of GST and HST Recoveries) including labour, disbursements, provisional allowances and contingencies. This amount includes a contingency allowance of $110,000.00 net of all taxes for additional services, if necessary and authorized by the Executive Director, Technical Services.

The purpose of this report is to advise on the results of the Request for Proposals (RFP) 9117-09-7169 for the provision of engineering and program management services for the Humber Treatment Plant, wastewater process upgrades and to request authority to enter into agreements with the recommended proponent.

The total contract award identified in this report is $25,202,185.80 net of all taxes.  The cost to the City is $25,645,744.27, net of GST and HST Recoveries.  The funding for the contract award is included in the 2010 Toronto Water Capital Budget and 2011-2019 Capital Plan in WBS Element CWW052 Secondary Treatment Upgrades.

The cash flow requirements for this project net of GST and HST Recoveries are as follows:

$447,744.00 in 2010, $1,398,150.04 in 2011, $1,786,740.34 in 2012, $2,217,601.03 in 2013, $2,685,674.85 in 2014, $3,446,503.84 in 2015, $3,415,832.55 in 2016, $3,415,832.54 in 2017, $3,415,832.54 in 2018, $3,415,832.54 in 2019.

The engineering estimate for this contract is $30,000,000.00 net of all taxes

The Acting Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Executive Director, Technical Services, and the Director, Purchasing and Materials Management, recommend that:

1.         City Council grant authority to reallocate funds in the amount of $4,987,654.63 net of GST to CWW035-08 from CWW019-03 – Standby Power Generation and CWW019-16 – Refurbish Polymer Storage as indicated in the table contained in the Financial Impact section of this report.

2.         City Council grant authority to award Contract 09FS-52WP, Tender Call 219-2009, for the Biosolids and Centrate Conveyance Remedial Upgrades to Bennett Contracting Millgrove Ltd., in the amount of $32,769,500.00 net of GST and HST Recoveries ($32,225,000 net of GST) having submitted the lowest bid meeting specifications in conformance with the Tender requirements.

3.         City Council grant authority to amend Purchase Order 6023148 with AECOM Canada Ltd. for provision of general office administration and site supervision services during construction from $605,210.00 net of GST and HST Recoveries by an additional amount of $1,523,717.79 net of GST and HST Recoveries ($1,499,958.45 net of GST), for a revised total of $2,105,168.45 net of GST and HST Recoveries, and extend the purchase order expiry date to December 31, 2014.

The purpose of this report is to advise on the results of the Tender Call 219-2009 issued for the Ashbridges Bay Treatment Plant - Biosolids and Centrate Conveyance Remedial  Upgrades in accordance with specifications and drawings as required by Technical Services; to request authority to award a contract to the recommended bidder; and to amend the purchase order for professional engineering services with AECOM Canada Ltd.

The total construction contract award identified in this report is $32,769,500.00 net of GST and HST Recoveries. The total purchase order amendments identified in this report is $1,523,717.79 net of GST and HST Recoveries.

The total value of the contract award and purchase order amendments identified in this report is $33,724,958.45 net of all taxes. The cost to the City is $34,293,217.79 net of GST and HST Recoveries.

There is insufficient funding currently available in WBS Element CPW035-08 – Dewatering Equipment Upgrades for the contract award of $32,769,500.00, the purchase order amendment of $1,523,717.79.  As a result, the additional cash flow and project cost is to be reallocated from the 2010 Toronto Water Capital Budget and 2011-2019 Capital Plan.

The following Table summarizes the cash flow requirements by year for the contract award and purchase order amendments identified in this report, all net of GST and HST recoveries:

The engineering estimate for the Biosolids and Centrate Conveyance Remedial Upgrades is $30,000.00 net of all taxes.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The General Manager, Transportation Services, and the Director, Purchasing and Materials Management, recommend that:

1.         The Public Works and Infrastructure Committee grant authority to amend Contract No. 47014300 for the Permanent Repairs to Utility Cuts, Wards 7, 11 and 12, Etobicoke York District, to Sunrise Contracting Inc. by an additional $825,000.00 net of GST, revising the current contract value from $2,189,150.00 to $3,014,150.00 net of GST and to extend the expiry date to March 31, 2010 to facilitate payment.

The purpose of this report is to request authority to amend Contract No. 47014300 for the permanent repairs to utility cuts in Wards 7, 11 and 12 (Etobicoke York District), issued to Sunrise Contracting Inc. The total amount requested is $825,000.00 net of GST, revising the current contract value from $2,189,150.00 to $3,014,150.00 net of GST and to extend the expiry date to March 31, 2010 to facilitate payment.

This increase is a result of additional utility cut repairs for major Toronto Water projects that caused extensive and unanticipated auxiliary damages to curbs, boulevards and sidewalks. The amendment allows for the processing of a final payment certificate for this contract.

As of January 27, 2010, one hundred percent of the amount being requested has been recovered. The revised total remains within the established budgeted amount for utility cut repairs in Etobicoke York District.

The contract increase identified in this report is $825,000.00 net of GST, bringing the total value of the contract to $3,014,150.00 net of GST. Funding was available in the 2009 Transportation Services Operating Budget in account TP0163, Roadway Cut Repair and TP0358, Roadside Cut Repair in the amounts of $495,000.00 and $330,000.00, respectively.

The cost of this work has been recovered and results in an increase in revenue generated to the City. The increased value of the work is within the established budget amounts for utility cut repairs in Etobicoke York District.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.

This report provides a summary of the contracts and biosolids management methods used in 2009 for biosolids generated at Ashbridges Bay Wastewater Treatment Plant (ABTP).

Currently, the City has four contracts in place that provide beneficial use of biosolids through pelletization, alkaline stabilization, agricultural land application and degraded site reclamation. When biosolids cannot be beneficially used, they are transported to various landfill sites for disposal. 

In 2009, approximately 46.7% of the biosolids generated at ABTP were beneficially used and 53.3% were disposed of in landfill.   The total cost for 2009 was $13,020,599.

This report has no financial impact beyond what has already been approved in the current 2010 Toronto Water Operating and Capital budgets.

This report provides a summary of the activities undertaken by Toronto Water in 2009 with respect to compliance and enforcement of the Municipal Code Chapter 681-Sewers (the “Sewers By-law”). This report also addresses the request made by the Public Works and Infrastructure Committee for a report on surveys of businesses using Best Management Practices.

There are no financial implications to the City as a result of this report.

The Deputy City Manager and Chief Financial Officer has reviewed this report and agrees with the financial impact information.