Infrastructure and Environment Committee
The full agenda, as filed
All 10 items in the clerk’s order. Each carries the city’s own words: the staff recommendation, what the body decided, and its status. Nothing below is written by us.
IE2.1received
Infrastructure and Environment Committee 2019 Overview
The Deputy City Manager, Infrastructure and Development Services, the Deputy City Manager, Community and Social Services and the Deputy City Manager, Corporate Services will present an overview of the reports and issues that will be considered by the Infrastructure and Environment Committee in 2019.
The Infrastructure and Environment Committee received the item for information.
IE2.2adopted
The purpose of this report is to seek City Council's authority to close the F.G. Gardiner Expressway and Don Valley Parkway for the Heart and Stroke Foundation of Ontario's Ride for Heart event for 2019, 2020 and 2021. The proposed route and times for the 2019, 2020 and 2021 Ride for Heart event will remain the same as 2018.
The Infrastructure and Environment Committee recommends that: 1. City Council authorize the closure of the F.G. Gardiner Expressway, from the Humber River to the Don Valley Parkway, including all ramps, and the Don Valley Parkway, from the F.G. Gardiner Expressway to York Mills Road, including all ramps, on the Sundays of, June 2, 2019, June 7, 2020 and June 6, 2021 from 2:00 a.m. to 2:00 p.m., for the 2019, 2020 and 2021 Ride for Heart event; 2. City Council prohibit other road closures due to events or film permits on arterial roads bounded by Highway 401, Warden Avenue, Lake Ontario, Humber River, Queen Street/The Queensway, and Yonge Street, as they will be required to accommodate overflow traffic from the expressway closures resulting from the 2019, 2020 and 2021 Ride for Heart event; 3. City Council request the Toronto Transit Commission to not schedule any subway closures during the period the Ride for Heart event is held; and 4. City Council require the organizer to pay, within 90 days of the City issuing an invoice, any costs incurred to the City to secure the work zones along the F. G. Gardiner Expressway during the F. G. Gardiner Expressway rehabilitation work.
Staff recommendation as filed
The General Manager, Transportation Services recommends that: 1. City Council authorize the closure of the F.G. Gardiner Expressway, from the Humber River to the Don Valley Parkway, including all ramps, and the Don Valley Parkway, from the F.G. Gardiner Expressway to York Mills Road, including all ramps, on the Sundays of, June 2, 2019, June 7, 2020 and June 6, 2021 from 2:00 a.m. to 2:00 p.m., for the 2019, 2020 and 2021 Ride for Heart event; 2. City Council prohibit other road closures due to events or film permits on arterial roads bounded by Highway 401, Warden Avenue, Lake Ontario, Humber River, Queen Street/The Queensway, and Yonge Street, as they will be required to accommodate overflow traffic from the expressway closures resulting from the 2019, 2020 and 2021 Ride for Heart event; 3. City Council request the Toronto Transit Commission to not schedule any subway closures during the period the Ride for Heart event is held; and 4. City Council require the organizer to pay, within 90 days of the City issuing an invoice, any costs incurred to the City to secure the work zones along the F. G. Gardiner Expressway during the F. G. Gardiner Expressway rehabilitation work.
IE2.3adopted
The purpose of this report is to seek City Council's authority to close portions of the eastbound lanes on the F.G. Gardiner Expressway and northbound lanes on the Don Valley Parkway for the Toronto Triathlon Festival event for 2019, 2020 and 2021. The proposed route and time of year of the 2019, 2020 and 2021 Toronto Triathlon Festival event will remain the same as 2018.
The Infrastructure and Environment Committee recommends that: 1. City Council authorize the closure of the F.G. Gardiner Expressway, eastbound lanes only, from the Humber River to the Don Valley Parkway, including all ramps, and the Don Valley Parkway, northbound lanes only, from the F.G. Gardiner Expressway to Eglinton Avenue East, including all ramps, on the Sundays of, July 21, 2019, July 19, 2020 and July 18, 2021 from 2:00 a.m. to 12:00 p.m., for the 2019, 2020 and 2021 Toronto Triathlon Festival event; 2. City Council prohibit other road closures due to events or film permits on arterial roads bounded by Highway 401, Warden Avenue, Lake Ontario, Humber River, Queen Street/The Queensway, and Yonge Street, as they will be required to accommodate overflow traffic from the expressway closures resulting from the 2019, 2020 and 2021 Toronto Triathlon Festival event; and 3. City Council require the organizer to pay, within 90 days of the City issuing an invoice, any costs incurred to the City to secure the work zones along the F. G. Gardiner Expressway during the F. G. Gardiner Expressway rehabilitation work.
Staff recommendation as filed
The General Manager, Transportation Services recommends that: 1. City Council authorize the closure of the F.G. Gardiner Expressway, eastbound lanes only, from the Humber River to the Don Valley Parkway, including all ramps, and the Don Valley Parkway, northbound lanes only, from the F.G. Gardiner Expressway to Eglinton Avenue East, including all ramps, on the Sundays of, July 21, 2019, July 19, 2020 and July 18, 2021 from 2:00 a.m. to 12:00 p.m., for the 2019, 2020 and 2021 Toronto Triathlon Festival event; 2. City Council prohibit other road closures due to events or film permits on arterial roads bounded by Highway 401, Warden Avenue, Lake Ontario, Humber River, Queen Street/The Queensway, and Yonge Street, as they will be required to accommodate overflow traffic from the expressway closures resulting from the 2019, 2020 and 2021 Toronto Triathlon Festival event; and 3. City Council require the organizer to pay, within 90 days of the City issuing an invoice, any costs incurred to the City to secure the work zones along the F. G. Gardiner Expressway during the F. G. Gardiner Expressway rehabilitation work.
IE2.4adopted
On April 24-27, 2018, City Council granted authority to enter into the non-competitive contract (47021436) with Tacel Limited, the exclusive distributor of Accessible Pedestrian Signal (APS) equipment. Transportation Services and Purchasing and Materials Management Division (PMMD) are now seeking to amend the value of above noted contract from total contract value (including the value of three (3) additional one (1) year periods) of $2,032,735 net of HST (or $2,068,512 net of HST recoveries) by $1,065,042 net of HST (or $1,083,787 net of HST recoveries) to $3,097,778 net of HST or ($3,152,299 net of HST recoveries). The initial contract was awarded prior to the acceleration of Vision Zero improvements and as such, there is now a need to expand upon the original contract to build and maintain additional Accessible Pedestrian Signal (APS) sites. The requested contract amendment will provide sufficient funding for the remaining duration of the contract (2018-2022 inclusive).
The Infrastructure and Environment Committee: 1. In accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), granted authority to amend Blanket Contract No. 47021436 with Tacel Limited, to purchase "Accessible Pedestrian Signals, Pushbuttons and Central Control Units" in the amount of $1,065,042, net of HST ($1,083,787, net of HST recoveries) from $2,032,735 to $3,097,778, net of HST (from $2,068,512 to $3,152,299, net of HST recoveries).
Staff recommendation as filed
The General Manager, Transportation Services and the Chief Purchasing Officer recommend that: 1. Infrastructure and Environment Committee, in accordance with Section 71-11.1.C of the City of Toronto Municipal Code Chapter 71 (Financial Control Bylaw), grant authority to amend Blanket Contract No. 47021436 with Tacel Limited, to purchase "Accessible Pedestrian Signals, Pushbuttons and Central Control Units" in the amount of $1,065,042, net of HST ($1,083,787, net of HST recoveries) from $2,032,735 to $3,097,778, net of HST (from $2,068,512 to $3,152,299, net of HST recoveries).
IE2.5adopted
Suspension of Aplus General Contractors Corp.
This report recommends that City Council declare Aplus General Contractors Corporation ("Aplus") ineligible to bid on, or be awarded any City of Toronto contracts for a period of three (3) years given the significance of its unacceptable and poor performance and management. This recommendation is based upon repeated unacceptable and poor performance and management by Aplus on Contract MCP-13-18WS, Tender 2-2015, Ellesmere Pumping Station Power Generators Upgrade. The poor performance by Aplus was documented through five contractor performance evaluations completed between November 2016 and November 2018. Further, refusals to comply by Aplus resulted in four notices of default being issued by the City against Aplus. Based on this poor performance, the Chief Purchasing Officer suspended Aplus for a period of 6 months, beginning October 30, 2018 until April 30, 2019, pending Council's decision with this report.
The Infrastructure and Environment Committee recommends that: 1. City Council declare Aplus General Contractors Corporation ("Aplus") and any affiliated persons, as defined in Chapter 195, ineligible to bid on or be awarded any City of Toronto contracts as a supplier of goods and/or services or as a subcontractor to such a supplier, including any options, renewals or extensions of existing contracts, for a total period of three (3) years commencing upon the date the current temporary suspension imposed through the delegated authority of the Chief Purchasing Officer, Purchasing and Materials Management Division expires.
Staff recommendation as filed
The General Manager, Toronto Water, and the Chief Purchasing Officer recommend that: 1. City Council declare Aplus General Contractors Corporation ("Aplus") and any affiliated persons, as defined in Chapter 195, ineligible to bid on or be awarded any City of Toronto contracts as a supplier of goods and/or services or as a subcontractor to such a supplier, including any options, renewals or extensions of existing contracts, for a total period of three (3) years commencing upon the date the current temporary suspension imposed through the delegated authority of the Chief Purchasing Officer, Purchasing and Materials Management Division expires.
IE2.6adopted
The City contracted with Aplus General Contractors Corp. ("Aplus") to upgrade the Ellesmere Pumping Station (the "Project") pursuant to contract MCP-1318WS and Tender 2-2015 (the "Contract"). The Contract was awarded April 25, 2016. Aplus did not perform the Contract in accordance with its obligations. The City delivered multiple notices of default under the Contract, which Aplus did not address to the City's satisfaction or at all. Aplus ceased active work on the Project in March, 2018. On November 1, 2018, the City terminated Aplus' right to continue with the Work remaining under the Contract. In April, 2018, Aplus commenced a legal action against the City. The City defended and counterclaimed. In November, 2018, the City issued a claim against Zurich Insurance Company Ltd. ("Zurich") under the performance bond Aplus provided at the time that the Contract was executed (the "Bond"). The City's claim is that Zurich failed to fulfil its obligations under the Bond. Zurich denies it was obligated to act under the Bond. Other actions have been commenced in the Superior Court by subcontractors to Aplus; the City and Aplus are both named as defendants. Callaway Construction Inc. ("Callaway") has claimed for $1.8 million and Plan Group Inc. ("Plan Group") has claimed for $5.8 million. In October, 2018, Callaway also commenced a claim against Zurich under the labour and material bond provided by Aplus in connection with the Project. The City defended the actions and delivered a crossclaim against Aplus. Confidential Attachment 1 contains legal advice from the City Solicitor regarding the litigation that has arisen from this Project.
The Infrastructure and Environment Committee recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 28, 2019) from the City Solicitor. 2. City Council direct that Confidential Attachment 1 to the report (February 28, 2019) from the City Solicitor, remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation.
Staff recommendation as filed
The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council direct that Confidential Attachment 1 remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege and pertains to litigation or potential litigation.
IE2.7adopted
The purpose of this report is to advise City Council on the requirements for the completion of the Ellesmere Pumping Station Power Generators Upgrade Project (the "Project") and to request authority to enter into a non-competitive contract with Plan Group Inc. ("Plan Group") for the completion of the Project in an amount not to exceed $13,960,143.20 net of all taxes ($14,205,841.72 net of HST recoveries). The rationale for this non-competitive contract is on the basis of urgency to complete the Project as soon as possible since the City terminated the Aplus General Contractor Corp. ("Aplus") from the original contract and Plan Group's knowledge of the Project as Plan Group was a major subcontractor to Aplus and the prices Plan Group has provided to Aplus will remain the same. Furthermore, authority is requested to extend the Site Supervision, Contract Administration and Consultant services provided by Cole Engineering Group Ltd. for completion of the Project, to amend the dollar value of Purchase Order 6037723 in the amount of $661,948.35 to $1,789,318.85 net HST ($1,820,810.86 net of HST recoveries) and to extend the contract delivery date to December 31, 2021.
The Infrastructure and Environment Committee recommends that: 1. City Council authorize the General Manager, Toronto Water to negotiate and execute a non-competitive agreement with Plan Group Inc. for the completion of the Project for an amount not to exceed $13,960,143.20 including provisional items, contingency and all applicable charges net of all taxes ($14,205,841.72 net of HST recoveries) on terms and conditions satisfactory to the General Manager, Toronto Water and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Toronto Water to amend Purchase Order No. 6037723, issued to Cole Engineering Group Ltd. for the provision of professional engineering services as Consultant for the completion of the Project, by $661,948.35 net HST ($673,598.64 net of HST recoveries) from $1,127,370.50 to $1,789,318.85 net HST ($1,820,810.86 net of HST recoveries) and to extend the delivery date to December 31, 2021.
Staff recommendation as filed
The General Manger of Toronto Water and the Chief Purchasing Officer recommend that: 1. City Council authorize the General Manager, Toronto Water to negotiate and execute a non-competitive agreement with Plan Group Inc. for the completion of the Project for an amount not to exceed $13,960,143.20 including provisional items, contingency and all applicable charges net of all taxes ($14,205,841.72 net of HST recoveries) on terms and conditions satisfactory to the General Manager, Toronto Water and in a form satisfactory to the City Solicitor. 2. City Council authorize the General Manager, Toronto Water to amend Purchase Order No. 6037723, issued to Cole Engineering Group Ltd. for the provision of professional engineering services as Consultant for the completion of the Project, by $661,948.35 net HST ($673,598.64 net of HST recoveries) from $1,127,370.50 to $1,789,318.85 net HST ($1,820,810.86 net of HST recoveries) and to extend the delivery date to December 31, 2021.
IE2.8adopted
In November 2018, a planned Toronto Transit Commission (TTC) track-removal project - affecting Victoria Street and Shuter Street - along with planned City of Toronto streetscape improvement work, was deferred indefinitely, due to concerns regarding aging, below-grade Toronto Hydro Corporation (THC) infrastructure. Engineering and Construction Services staff identified that upgrades to the THC infrastructure would be necessary, before the TTC and streetscape work could proceed. The City of Toronto streetscape project, which proposed the installation of a bump-out on the south side of Victoria Street, fronting Massey Hall, as well as installation of new traffic signals at the intersection of Shuter Street and Victoria Street, had been coordinated in conjunction with the TTC track removal project, in order to minimize disruption to area stakeholders. Funds had been set aside in the 2018 budget, and City staff were close to issuing tender. The streetscape improvements have been championed for many years, by the local community, including Massey Hall, and the Downtown Yonge BIA. Although initiated in 2014, this work now has no definite timeline. The deferment, while unavoidable, has the potential to negatively impact local stakeholders. A coordination plan must, therefore, be established and implemented quickly. The Downtown Yonge BIA has identified that the THC rebuilds, TTC track replacement, and City of Toronto streetscape improvements must be completed by end of August 2020. Otherwise, subsequent construction will interfere with venue loading and theatre operations at Massey Hall, and the Winter Garden and Elgin Theatre. Further to this, St. Michael's Hospital has a planned construction project affecting Victoria Street. Uncertainty, on the City's part has the potential to negatively affect the Hospital's construction timeline and, ultimately, their project funding. The Major Capital Infrastructure Coordination Office is tasked with ensuring that work between the City of Toronto, TTC and Toronto Hydro is well coordinated and delivered on time, with consideration to local stakeholders, institutions, and commercial operations.
The Infrastructure and Environment Committee recommends that: 1. City Council direct the Deputy City Manager, Infrastructure and Environment, to consult with the Toronto Hydro Corporation, the Toronto Transit Commission, Massey Hall, St. Michael's Hospital, the Elgin and Winter Garden Theatre, and the Downtown Yonge BIA and report to the Infrastructure and Environment Committee on May 23, 2019 with a plan coordinating the Toronto Hydro rebuilds, the TTC track-removal and the City of Toronto streetscape improvements on Victoria Street and Shuter Street such that the work be completed by August 2020.
Staff recommendation as filed
Councillor Kristyn Wong-Tam recommends to the Infrastructure and Environment Committee that: 1. City Council direct the Deputy City Manager, Infrastructure and Environment, to consult with the Toronto Hydro Corporation, the Toronto Transit Commission, Massey Hall, St. Michael's Hospital, the Elgin and Winter Garden Theatre, and the Downtown Yonge BIA and report to the Infrastructure and Environment Committee on May 23, 2019 with a plan coordinating the Toronto Hydro rebuilds, the TTC track-removal and the City of Toronto streetscape improvements on Victoria Street and Shuter Street such that the work be completed by August 2020.
IE2.9adopted
Basement Flooding Prevention - Expediting Design and RFP Processes
Basement flooding continues to be a serious threat to property damage in many parts of the city. On 7 February 2019 Toronto Water presented the plans for the future Basement Flooding Protection Program (BFPP) which included projects that are starting construction in 2019 and some which are undergoing Preliminary Design (which are post Environmental Assessment and prior to RFP). The latter are likely to start construction in 2020. Upgrading the City's water infrastructure is the most effective way the city can prevent residents from the anguish of sewer and grey water rising slowly in their basements so this is a priority. Various projects are due to be tendered. This motion simply asks staff to expedite the design and RFP process for areas ready for such.
The Infrastructure and Environment Committee: 1. Requested the Chief Engineer and Executive Director, Engineering and Construction Services to consider expediting the design and RFP processes of the Basement Flooding Protection Program on "ready to go" projects in as early in the second quarter 2019 as possible.
Staff recommendation as filed
Councillor James Pasternak recommends that the Infrastructure and Environment Committee request the Executive Director Engineering and Construction Services to consider expediting the design and RFP processes of the Basement Flooding Protection Program on "ready to go" projects in as early in Q2 2019 as possible.
IE2.10adopted
In Spring 2018, United Jewish Appeal (UJA) received the Water Service Infrastructure Agreement (WSIA) from City staff for execution. UJA completed and submitted the Agreement to Engineering Services along with the required securities on April 5, 2018. Work on the community centre project commenced in fall 2017 and was proceeding under a Conditional Permit. The site servicing permit was required to keep on schedule. On May 3, 2018 UJA was advised that a technical drafting error had been made by City Staff in the definition. Minor amendments were to be provided and a subsequent draft WSIA was in discussion. On May 15, 2018 the Site Servicing Permit was issued and servicing work commenced. In June 2018, Engineering staff noticed an update note on the plan provided by UJA regarding a connection at manhole 99 highlighting the internal drop structure in manhole 99. Engineering staff asked the applicant to revise to an external drop structure. However, at that point the connection had been installed, the building foundations were complete and the excavation had been backfilled. Engineering staff indicated that they did not feel this connection has been approved. At the request of City staff, UJA retained independent third‐party engineers (WSP) to evaluate the installation and comment on its compliance with City Standards. On November 28, 2018, the independent engineers report was submitted to Engineering Services staff. The report concluded that the installation, subject to rectification of some minor deficiencies, was compliant with City Standards. On February 15, 2019 Engineering Services responded to the independent engineers report. They may allow the drop structure to remain as long as further repairs/modifications are completed. The WSIA is a SPA pre‐approval condition. Without Engineering Services sign off to Planning that the WSIA is in place, the applicant cannot satisfy the condition and obtain the full their Building Permit. They have been given a deadline of May 21, 2019 to obtain the final permit or they may be subject to a work stoppage that would result in a delay claim from the general contractor. The Sherman Campus community centre is important community infrastructure that will benefit the community at large which being built primarily with donor funds.
The Infrastructure and Environment Committee: 1. Requested the General Manager, Toronto Water along with the Chief Engineer and Executive Director, Engineering and Construction Services to schedule a joint meeting with the Mayor's office, the local City Councillor and the applicant before the March 27, 2019 City Council meeting to expedite the resolution of technical issues surrounding Manhole 99 at the Sherman Campus 4588 Bathurst Street.
Staff recommendation as filed
Councillor James Pasternak requests that the Infrastructure and Environment Committee request the General Manager, Toronto Water along with the Executive Director Engineering and Construction Services to schedule a joint meeting with the Mayor's office, the local City Councillor and the applicant before the March 25th, 2019 City Council Meeting to expedite the resolution of technical issues surrounding Manhole 99 at the Sherman Campus 4588 Bathurst Street.