City Council on March 31 and April 1, 2010, adopted the following:

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 with the amendments listed in Part 8 below, 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 direct that the Utility Cut Management Guidelines and Criteria be amended to include the following provisions:

a.         both public notices and motor vehicle identification signs be required to identify the company or agencies for whom the utility cut is being undertaken so it is immediately clear on whose behalf the cut is being made.

            b.         such signs must display the corporate logo of the company or agency.

c.         no full stream permit application be issued for a utility cut longer than 1 kilometre.

9.         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.

10.       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 the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, as amended.

11.       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.

12.       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.

13.       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.

14.       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.”

15.       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.

16.       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.

17.       City Council request the General Manager, Transportation Services, and appropriate City staff, to meet with the Toronto Public Utilities Coordinating Committee members with the view to forming a sustainable partnership that is long lasting, cost effective and includes cost recovery, and to report on any progress made in his forthcoming report to the Public Works and Infrastructure Committee.

18.       City Council request the General Manager, Transportation Services, to review the use of steel plates for temporary covering of road cuts with the intent of providing improved and safer surfaces for cyclists, pedestrians and motorists.

19.       City Council request the General Manager, Transportation Services and the Deputy City Manager and Chief Financial Officer to report to the Public Works and Infrastructure Committee, on the feasibility of implementing a policy of prohibiting any full stream utility cuts in any road within 5 years of its being constructed or three years of its being resurfaced.

20.       City Council request the General Manager, Transportation Services and the Deputy City Manager and Chief Financial Officer to review the feasibility of encouraging telecom and other utility installations to utilize common trenches by:

              a.       amending pavement degradation fee schedules to provide reduced fees for companies that share utility trenches.

              b.        building oversized duct capacity to avoid future utility cuts.

21.         City Council direct that a copy of this Item be forwarded to the FCM Rights-of-Way Committee and FCM be authorized to include this and the full pavement degradation study on their new, interactive social media site for municipal use to be launched this time at the FCM Annual General Meeting in Toronto.

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

The Public Works and Infrastructure Committee recommends 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 the report (February 9, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer.

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 request the General Manager, Transportation Services, and appropriate City staff, to meet with the Toronto Public Utilities Coordinating Committee members with the view to forming a sustainable partnership that is long lasting, cost effective and includes cost recovery, and to report on any progress made in his forthcoming report to the Public Works and Infrastructure Committee.

17.       City Council request the General Manager, Transportation Services, to review the use of steel plates for temporary covering of road cuts with the intent of providing improved and safer surfaces for cyclists, pedestrians and motorists.

18.       City Council authorize and direct the appropriate City Officials to take the necessary action to give effect thereto and that 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.

City Council on March 31 and April 1, 2010, adopted the following:

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 Public Works and Infrastructure Committee recommends 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.

City Council on March 31 and April 1, 2010, adopted the following:

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 the report (February 4, 2010) from the Executive Director, Technical Services, and the Director, Purchasing and Materials Management.

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 Public Works and Infrastructure Committee recommends 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 the report (February 4, 2010) from the Executive Director, Technical Services, and the Director, Purchasing and Materials Management.

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.