Board Meeting - July 9, 2009

• Meeting No. 1909 - May 28, 2009

Thursday, August 26, 2009

Presentations will be heard at 2:00 p.m. Requests to speak must be registered in writing by 12:00 Noon of day preceding meeting day.

Motion by Commissioner Bussin re: Business Improvement Area (BIA) Street Festivals and Related TTC Charges (See Report No. 8b)

1. Reports with Confidential Attachments (Committee of the Whole)
• Presentation - TTC Office Space Plan Study (For Action) 
• Amendment to 15 Dundonald Ground Lease (For Action)  
2. Presentations
• 2009 APTA Bus Safety Awards - Gold Award (For Information)  
3. Budget matters
• Chief General Managers Report - Periods 4-5 (April 5 to May 30, 2009) (For Action)  
4. Procurement Authorizations
• Toronto-York Spadina Subway Extension Project - Procurement Authorization - Supply of Four Earth Pressure Balance Type Tunnel Boring Machines and Ancillary Equipment - Contract A35-16 (FOR ACTION) 
• Procurement Authorization - Supply of Office Supplies, Toner and Copier Paper for a 5 Year Period (FOR ACTION) 
• Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period April 1, 2009 to April 30, 2009 (FOR INFORMATION)  
5. Procurement Authorization Amendments
• Project Authority Increase - Cumberland Entrance to Bay Station Improvements - Contract D1-5 (For Action) 
• Procurement Authorization - Purchase Order Amendment - Purchasing Card Program (For Action) 
• Procurement Authorization - Purchase Order Amendment for Consultant Services - Green Procurement Implementation (For Action)  
6. Notice of Awards

NIL

7. Service Matters
• 501 Queen Streetcar Route Status Update (For Information)  
8. Other Business
• Transit City Funding Request (For Action) 
• Business Improvement Area (BIA) Street Festivals and Related TTC Charges (For Action) 
• IBM Bus Loop Agreement (For Action) 
• Corporate Policy Update - TTC Corporate Policy Review - Authorization for Sales 5.2.3 (For Action) 
• Annual Special Constable Services Year End 2008 Statistical Report (For Information)  
9. New Business
10. Correspondence

NIL

A correspondence summary will be distributed at the meeting.

11. Report With Confidential Attachments (Committee Of The Whole)
• Revenue Operations Relocation (For Action)(This report involves the security of property belonging to the Commission) 
• Toronto Police Service (TPS)/Toronto Transit Commission (TTC) Special Constable Transit Policing and Security Plan (This report involves the security of property belonging to the Commission and involves labour relations issues) 
• Settlement of Claim - York University Busway - Contract A60-16 (For Action) (This report is about litigation or potential litigation that affects the Commission) 
12. Station Modernization Program - Dufferin Station - Approval of Finishes and Artwork - Contract B3-11 (For Action) (Presentation Available) 
13. Additional Funding Approval Request Central Signalling System (CSS) Workstations Procurement Authorization - CSS Modifications Web Based Server Applications (For Action) 
14. Transit City - Lease of Office Space  (For Action) 
15. Notice of Award - Procurement Authorization Amendment - Design & Supply Radio Based Automatic Train Control for YUS Subway (For Information) 

A. Giambrone (Chair), J. Mihevc (Vice-Chair), B. Saundercook, S. Hall, P. Milczyn, S. Bussin, M. Augimeri, R. Moeser and A. Perruzza (Commissioners), G. Webster (Chief General Manager), V. Rodo (General Manager – Executive & General Secretary), R. Cornacchia (General Manager – Operations), S. Reed Tanaka (Manager – Engineering), B. Leck (General Counsel), M. Roche (Chief Financial Officer), S. Ghaly (Program Manager – Transit City), B. Ross (Director – Corporate Communications), S. MacDonald (Manager – Materials and Procurement), S. Blakey (Executive Director – Human Resources), K. Lee (Assistant General Secretary) and F. Stanois (Coordinator – Secretariat Services) were  present.

A. Giambrone was in the Chair.

K. Beaulieu (Chair’s office) was also present.

A. Bertolo (Chief Project Manager – Spadina Subway Extension) was present for Item 4(a)

Commissioner Moeser Moved That The Commission Approve The Minutes From Meeting No. 1909 And That The Chair And General Secretary Be Authorized To Sign The Same.

The Motion By Commissioner Moeser Carried.

a) Committee of the Whole – Wednesday August 26, 2009

Vice-Chair Mihevc Moved That The Commission Approve A Resolution To Meet As The Committee Of The Whole At 9:00 A.M. Or Later On Wednesday August 26, 2009 To Deal With Litigation Or Potential Litigation Matters, Labour Relations Or Employee Negotiations And To Receive Advice Which Is Subject To Solicitor-Client Privilege.

The Motion By Vice-Chair Mihevc Carried.

a) Committee of the Whole – Wednesday August 26, 2009

Vice-Chair Mihevc Moved That The Commission Approve A Resolution To Meet As The Committee Of The Whole At 9:00 A.M. Or Later On Wednesday August 26, 2009 To Deal With Litigation Or Potential Litigation Matters, Labour Relations Or Employee Negotiations And To Receive Advice Which Is Subject To Solicitor-Client Privilege.

The Motion By Vice-Chair Mihevc Carried.

a)  Business Improvement Area (BIA) Street Festivals and Related TTC Charges

Motion By Commissioner Bussin Regarding Business Improvement Area (BIA) Street Festivals And Related TTC Charges. 
(See Report 8(b) For Minute)

Nil

1. Reports with Confidential Attachments (Committee of the Whole)

(a) TTC Office Space Plan Study

The Commission Approved:

1. The Recommendations As Set Out In Confidential Attachment 1; And,

2. The Public Release Of The Confidential Information And Recommendations In Confidential Attachment 1, Upon The TTC Acquiring The Necessary Property, As Set Out In Confidential Attachment 1.

Commissioner Perruzza Called For A Recorded Vote:

Approved

Chair Giambrone, Vice-Chair Mihevc, Commissioner Augimeri, Commissioner Bussin, Commissioner Hall, Commissioner Milczyn, Commissioner Moeser, Commissioner Saundercook.

Opposed
Commissioner Perruzza.
       
(b) Amendment to 15 Dundonald Ground Lease

The Commission Deferred Consideration Of This Matter Until Its August Meeting.

2. Presentations

(a) 2009 APTA Bus Safety Awards – Gold Award

Angela Iannuzziello, President – Entra Consultants, In Her Capacity As APTA Vice-Chair – Canadian Members, Presented The Gold Award For The 2009 APTA Bus Safety Awards To Rick Cornacchia, General Manager – Operations.  The APTA Bus Safety Awards Recognize Public Transit Organizations For Their Excellence In Implementing Safety Programs That Create And Sustain A Culture Of Safety Within The Workplace And That Result In Exceptional Service.  The TTC Received The Gold Award In Its Category (Systems With Over 30 Million Annual Passenger Trips) As A Result Of The Demonstrated Effectiveness Of Its Work Safe – Home Safe Program.

3. Budget Matters

a) Chief General Manager’s Report – Periods 4 & 5 (April 5 to May 30, 2009)

It is recommended that the Commission forward a copy of this report to (1) each City of Toronto Councillor and (2) the City Deputy Manager and Chief Financial Officer, for information, noting that the detailed CGM’s Report is available upon request from the Office of the General Secretary of the Commission.

Chair Giambrone Moved That The Chart On Page 5 Of The Report Be Amended To Read $774.5, NOT $724.5.

The Motion By Chair Giambrone Carried.

Vice-Chair Mihevc Moved To Adopt The Report As Amended.

The Motion By Vice-Chair Mihevc Carried.

4. Procurement Authorizations

a) Toronto-York Spadina Subway Extension Project – Procurement Authorization – Supply of Four Earth Pressure Balance Type Tunnel Boring Machines and Ancillary Equipment Contract A3516

It is recommended that the Commission authorize the award of a contract to LOVAT Inc. in the amount of $58,446,480.60 inclusive of all applicable taxes, freight, duties and all other costs, for the Supply of Four Earth Pressure Balance Type Tunnel Boring Machines and Ancillary Equipment including the proposed alternative for Mixed Ground Cuttinghead with Face Isolation Doors for each machine. 

Approved

Commissioner Perruzza Also Moved That Staff Review The Costs/Benefits Of Accelerating The Delivery Of The Tunnel Boring Machines To Advance The Overall Construction Of The Project.

The Motion By Commissioner Perruzza Carried.

b) Procurement Authorization – Supply of Office Supplies, Toner and Copier Paper for a 5 Year Period

It is recommended that the Commission approve the issuance of a purchase order in the total upset limit of $9,000,000 to Staples Advantage for the supply of office supplies, toner and copier paper for a 5 year period from August 1, 2009 to July 31, 2014.

Approved

c) Summary of Authorized Expenditures between $1,000,000 to $5,000,000 for the Period April 1, 2009 to April 30, 2009

It is recommended that the Commission receive this report for information.  It lists Expenditures ($1,000,000 up to $5,000,000) for the period April 1, 2009 to April 30, 2009 which was approved by the Chief General Manager.

Received

5. Procurement Authorization Amendments

a) Project Authority Increase – Cumberland Entrance to Bay Station Improvements – Contract D1-5

It is recommended that the Commission:

1. Approve an increased project cost of $345,000 for the Cumberland Entrance to Bay Station project for a total estimated final cost of $1,200,000.

2. Forward this report to the City via the City Budget Committee requesting additional budget and project cost approval in the amount of $345,000 for the City Project CTT010, Cumberland Entrance to Bay Station, bringing the total to $1,200,000 to be accommodated by corresponding reduction in the City Project CTT110, Station Improvements Program.
   
Approved 

b) Procurement Authorization – Purchase Order Amendment – Purchasing Card Program

It is recommended that the Commission approve the issuance of a purchase order amendment to the National Bank of Canada to extend the contract term by 28 months for the supply of a purchasing card program from the current expiry date of August 24, 2009 to December 31, 2011 and to increase the total upset limit by $8,400,000 to a revised upset limit amount of $13,400,000.

Approved 
 
c) Procurement Authorization – Purchase Order Amendment for Consultant Services – Green Procurement Implementation

It is recommended that the Commission receive the attached implementation plan for Phase 2 of Green Procurement for information and approve the following:

1. Authorization of $385,000 in an unbudgeted expenditure for consultant services for Phase 2 implementation of Green Procurement; and

2. Issuance of a purchase order amendment to the contract with Five Winds International (Five Winds) to extend the contract to December 31, 2010 and increase the upset limit amount by $275,000 to a total upset amount of $800,000.

Approved

6. Notice of Awards

Nil

7. Service Matters

a) 501 Queen Streetcar Route:  Status Update

It is recommended that this report be received for information on the service improvement plans for the 501 Queen Streetcar Route:

1.a) Staff will restart the ‘Step Forward’ route management strategy from 12:00 pm to 7:00 pm Monday to Friday following completion of the ‘Modified Step Back’ trial on August 3rd, 2009;
   
b) Staff will test the effectiveness of ‘Step Forward’ from 12:00 pm to 5:00 pm on Weekends for one board period beginning August 2nd;

2. Staff will suspend the ‘Step Forward’ process and implement a Split Route concept (Downtown split, concept #6) during the October Board Period (October 18th – November 21st, 2009);

3. Staff will continue to work with the City of Toronto regarding a Transit supportive Traffic  Management Plan;

4. Staff will report back to the Commission at the January 2010 Commission meeting with   final recommendations.

Received

8. Other Business

a) Transit City Funding Request

It is recommended that the Commission:

1. Request the City of Toronto to approve Capital funding of $134.5 million for Transit City forecast expenditures and commitments to the end of 2009 to continue the planning, design, property acquisition, contract commitments and construction of the Sheppard East LRT, Eglinton Crosstown LRT, Finch West LRT and Scarborough RT projects;

2. Direct that a copy of this report be provided to Metrolinx and the Ministry of Transportation.

Approved
          
b) Business Improvement Area (BIA) Street Festivals and Related TTC Charges

The Commission Struck Out The Recommendation In The Report And Approved The Following Motions:

1. That An Ongoing Exemption Be Made For The TTC To Provide 50% Of The Diversion Fees Specifically For The Gerrard-India Bazaar BIA Festival Of South Asia;

2. That This Exemption Be Made In Recognition Of Circumstances Unique To This Event, And That No Further Exemptions Be Granted For Other Events;

3. Despite This Exemption, Staff Be Directed To Seek Agreement With The BIA On Reducing Diversion Costs As Much As Possible By Minimizing The Event’s Impact On Transit Service, While Recognizing The Importance Of A Successful Event;

4. That Staff Be Directed To Include The TTC’S Contribution In The 2010 Operating Budget Request;

5. That No Further Increase In The Fees Waived Be Granted Without Express Commission Direction, With The Exception Of Standard Inflationary Increases;

6. That Staff Seek Recognition Of The TTC’S Contribution As A Partner In The Event In The BIA’S Marketing Materials For It; And

7. Staff Work With The BIA To Have Its Member Businesses Become Participants In The TTC Hot Dealz Metropass Affinity Plan In Fair Recognition Of The Contribution Of TTC Riders To The Success Of Their Event.

c) IBM Bus Loop Agreement

 It is recommended that the Commission:

1. Approve the execution of an agreement with IBM Canada Limited, The Corporation of the Town of Markham and TTC for the operation of bus loops located at Victoria Park Avenue, north of Steeles Avenue east (Victoria Park Loop) and the south-east corner of Esna Park Drive and Steeles Avenue (Esna Park Loop), under the general terms outlined in this report. Please see photos attached as Appendix 1 and 2;

2. The final agreement is to be to the satisfaction of TTC General Counsel.

Approved

d) Corporate Policy Update – TTC Corporate Policy Review – Authorization for Sales 5.2.3

It is recommended that the Commission approve the following Corporate Policy, as recommended, which is attached hereto as Appendix ‘A’:

• Policy 5.2.4 Authorization for Sales

Approved

e) Annual Special Constable Services Year End 2008 Statistical Report

It is recommended that the Commission receive the attached report for information.

Received

9. New Business

Nil

10. Correspondence

C-1 – Councillor Howard Moscoe recommending that the matter of public washrooms be referred for consideration in the environmental assessments for the new transit lines.

The Commission Referred Councillor Moscoe’s Letter To Staff For Consideration.

C-2 – Govind Mahtani, Chair Gerrard India Bazaar regarding the TD Canada Trust Festival of South Asia – August 22-23, 2009. 

The Commission Received The Communication For Information. (See Report No. 8b For Minute)

11. Reports With Confidential Attachments (Committee Of The Whole)

a) Revenue Operations Relocation

1. The Commission Approved The Confidential Instructions To Staff, As Amended; And

2. That The Confidential Information And Recommendations In Attachment 1 Not Be Released As The Information Pertains To The Security Of The Commission Employees And Assets.

b) Toronto Police Service (TPS)/Toronto Transit Commission (TTC) Special Constable Transit Policing and Security Plan

The Commission:

1. Received The Confidential Attachment For Information;

2. Approved That The Commission Hold A Briefing Session To Permit Further Discussion Regarding The TPS/TTC Security Plan And That Authority Be Delegated To The Chair, Vice-Chair And Chief General Manager To Approve The Recommendation Contained In The Public Report As Appropriate. 
   
c) Settlement of Claim – York University Busway – Contract A60-16

It is recommended that:

1. The Commission approve the confidential instructions to staff in the Confidential Attachment.

2. The Commission authorize the public release of the confidential information and recommendations in the Confidential Attachment, if any settlement is finalized to the satisfaction of the General Counsel and once the contract is complete and all outstanding contractual issues have been resolved.

Approved

12. Station Modernization Program –  Dufferin Station – Approval of Finishes and Artwork – Contract B3-11

It is recommended that the Commission approve the finishes and artwork for the Station Modernization Program at Dufferin Station, which were presented through a public consultation process on May 11, 2009.

Approved

Vice-Chair Mihevc Further Moved That Staff Be Directed To Commence Expropriation Proceedings To Acquire The Required Property, If Necessary.

The Motion By Vice-Chair Mihevc Carried.

13. Additional Funding Approval Request Central Signalling System (CSS) Workstations Procurement Authorization – CSS Modifications Web Based Server Applications

It is recommended that the Commission authorize:

1. An increase of $493,000.00 in funding for the Central Signalling System (CSS) Workstations project;

2. A total expenditure up to $1,203,889.60 (CAD) for CSS Modifications Web Based Server Applications as more particularly set out in paragraphs (a) – (c) below;

(a) the award of contract to Alstom Transportation Information and Security Inc. in the amount of $1,180,889.60 (CAD), inclusive of GST, for a Contract for CSS Modifications Web Based Server Applications (Proposal  No. P31PV09719);

(b) the expenditure of funds up to an amount of $3,000.00 (CAD) for freight and brokerage fees associated with the supply of the web based server equipment for the CSS Modifications; and

(c) the expenditure of funds up to the amount of $20,000.00 (CAD) for Provincial Sales Tax (Self-Assessed) related to the CSS Modifications Web Based Server Applications. 
 
Approved  

14. Transit City – Lease of Office Space

Chair Giambrone Moved That This Report Be Deferred To The Next Commission Meeting.

The Motion By Chair Giambrone Carried.  

15. Notice of Award – Procurement Authorization Amendment – Design & Supply Radio Based Automatic Train Control for YUS Subway

It is recommended that the Commission receive the notice of award of Chair Giambrone, Vice-Chair Mihevc and the Chief General Manager authorizing the issuance of amending the contract with Alstom Transportation Information and Security Inc. for the procurement of the Design and Supply of Radio Based Automatic Train Control – Communications Based Train Control (ATC-CBTC) for the Yonge-University-Spadina (YUS) Subway by including the work of the Central Signal System (CSS) Modifications in the ATC-CBTC contract in the amount of $4,614,656.00.

Received

The meeting recessed at 1:11 p.m. and reconvened at 2:25 p.m.

The meeting adjourned at 3:55 p.m.

Commissioners approved a report to award a contract worth $58.4 million for the purchase of four tunnel boring machines from LOVAT Inc. in Etobicoke. The machines will be used to dig approximately 13.5 kilometres of twin tunnels on the Toronto-York Spadina Subway Extension. Funding for the subway extension is provided by the Government of Canada, Province of Ontario, City of Toronto and The Regional Municipality of York.

Commissioners received for information an update report on service improvement plans for the 501 Queen streetcar service. From Oct. 18 to Nov. 21, the 501 Queen service will be split downtown as a trial, and will run from both the Long Branch Loop and the Humber Loop in the west to the Church/Parliament area, and from Neville Park Loop in the east to the Bathurst/Shaw area.

The weekday pilot will help examine the effects of a route split on streetcar gapping, bunching and short turns, as well as study the impact on customers forced to transfer to continue their trip beyond the split.

TTC staff will present a final report and recommendations to the Commission at its meeting next January.

Commissioners approved the final finishes and artwork for the Dufferin Station modernization project. Station finishes include new ceilings, floors, signage, lighting and furnishings. The upgrades also include landscaping, street furniture and an artwork concept, which incorporates digitally manipulated photographs taken of the existing station and surrounding environment.

The modifications are scheduled to be completed April 2012.

Commissioners received for information the annual Special Constable Year-End 2008 Statistical Report. The report shows that the total number of criminal incidents on the system increased by 0.4 per cent while ridership increased by 1.5 per cent. In 2008, the number of reported criminal offences increased by 11 per cent compared to 2007 (note: one incident can have several offences associated with it).

Commissioners considered, and subsequently approved, a report concerning a transit policing and a security model that would transfer responsibility of the TTC Transit Patrol Section to the Toronto Police Service. The TTC and TPS will work to ensure the successful resolution of associated employee relations and duty of care issues, such as salaries, pensions and benefits.

Commissioners approved a funding request to the City of Toronto worth $134.5 million for the continued planning, design, construction, property acquisition and contract commitments in 2009 for the following Transit City projects: Sheppard East LRT, Eglinton Crosstown LRT, Finch West LRT and Scarborough RT Expansion. The funds are part of a City Manager’s request to Metrolinx for $253.4 million to the end of April 2010.