Board Meeting - April 11, 2018

Meeting No. 2022 held on Tuesday, March 20, 2018

• Public Presentations – April 11, 2018

Item 1. TTC Recognized as One of Canada's Best Diversity Employers (For Information)

• Staff report for item 1
• Decision for item 1

Item 2. Chief Executive Officer's Report - April 2018 Update (For Information)

• Staff report for item 2
• Decision for item 2

Item 3. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meetings for February 22, 2018 (For Information)

• Staff report for item 3
• Decision for item 3

Item 4. 2018 Accessibility Plan Status Update (For Action)

• Staff report for item 4
• Decision for item 4

Item 5. Wheel-Trans 10-Year Strategy - April 2018 Update (For Action)

• Staff report for item 5
• Decision for item 5

Item 6. Presentation: Revenue Protection Initiatives Update (For Action)

Correspondence submitted by Jane Finch Action Against Poverty.

• Staff presentation for item 6
• Decision for item 6

Item 7. Toronto-York Spadina Subway Extension (TYSSE) Claims Settlement Update (For Action)

This report contains advice or communications that are subject to solicitor-client privilege, including communications necessary for that purpose.

• Staff report for item 7
• Decision for item 7

Item 8. Danforth Garage - Master Plan Update (For Action)

This report contains information related to the security of the property.

• Staff report for item 8
• Decision for item 8

Item 9. Donlands Station Easier Access Phase III and Second Exit Property Acquisitions (For Action)

This report is about a proposed or pending land acquisition or disposition of land for municipal or local board purposes.

• Staff report for item 9
• Decision for item 9

Item 10. Collective Bargaining Agreement Ratification (CUPE Local 5089) (For Action)

This report is about labour relations or employee negotiations.

• Staff report for item 10
• Decision for item 10

Item 11. Stakeholder Engagement - Fitness for Duty (For Action)

• Staff report for item 11
• Decision for item 11

Item 12. Entrance Connection to Dundas Station - Deferred from March 20, 2018 (For Action)

• Staff report for item 12
• Decision for item 12

Item 13. Chester Station Second Exit and Easier Access (For Action)

Correspondence submitted by Danson Recht LLP on behalf of Bondfield Construction Company Limited.

• Staff report for item 13
• Decision for item 13

Item 14. Lawrence West Station - Miscellaneous Works (For Action)

Correspondence submitted by Danson Recht LLP on behalf of Bondfield Construction Company Limited.

• Staff report for item 14
• Decision for item 14

Item 15. Design Consultant Services Easier Access and Second Exit Projects (For Action)

• Staff report for item 15
• Decision for item 15

Item 16. Relief Line South - Systems Design and Management Consultant (For Action)

• Staff report for item 16
• Decision for item 16

Item 17. Relief Line South - Station Design (For Action)

• Staff report for item 17
• Decision for item 17

Item 18. Elevator Maintenance and Repair Services (For Action)

• Staff report for item 18
• Decision for item 18

Item 19. Supply of Lighting and Electrical Products (For Action)

• Staff report for item 19
• Decision for item 19

Item 20. Market Shops Retail Procurement Authorization (For Action)

• Staff report for item 20
• Decision for item 20

Item 21. Changes to the Code of Conduct for Members of Local Boards (For Information)

• Staff report for item 21
• Decision for item 21

Item 22. Redevelopment of TTC Lands at Yonge and Eglinton (For Action)

This report is about a proposed or pending land acquisition or disposition of land for municipal or local board purposes.

• Staff report for item 22
• Decision for item 22

J. Colle (Chair), A. Heisey, Q.C. (Vice-Chair), R. Byers, V. Crisanti, J. De Laurentiis, M. Fragedakis, R. Lalonde, J. Mihevc and D. Minnan-Wong (Members), R. Leary (Chief Executive Officer – Acting), T. Bal (Acting Chief Financial Officer), C. Greenwood (Acting Chief Service Officer), M. MacRae (Executive Director – Human Resources), J. O'Grady (Chief Safety Officer), G. Piemontese (Chief People Officer), S. Reed Tanaka (Chief Capital Officer), B. Ross (Executive Director – Corporate Communications), J. Ross (Acting Chief Operating Officer), J. Taylor (Chief of Staff), K. Watson (Chief Customer Officer/Deputy CEO), S. Ambrozy (Solicitor), M. Atlas (Associate General Counsel), A. Borkwood (Head – Customer Development), S. Conforti (Head of Finance & Treasurer), J. Darwood (Head – Strategy and Service Planning), S. Haskill (Manager – Project Development & Coordination), M. Killingsworth (Head – Transit Enforcement), P. Kraft (Head – Property Planning & Development), P. Laurin (Head - Engineering), B. Leck (Head of Legal and General Counsel), J. Murray (Chief Project Manager - Construction), M. Piemontese (Director – Project Procurement), E. Wiggins (Head – Wheel-Trans), R. Wong (Head – Streetcar Maintenance & Infrastructure), T. Zlotnik (Head – Materials and Procurement), K. Lee (Head - Commission Services) and C. Finnerty (Co-ordinator – Secretariat Services) were present.

J. Colle was in the Chair.

a) Vice-Chair Heisey declared an interest in Item 14 of the agenda, being Lawrence West Station – Miscellaneous Works as his son is employed by one of the companies that submitted a bid for the contract.

Commissioner Lalonde moved that the Board approve the minutes of the meeting held on Tuesday, March 20, 2018.

The motion by Commissioner Lalonde carried.

Nil

Item No. 4 2018 Accessibility Plan Status Update

Emily Daigle

The Board received the deputation for information.
(See Item No. 4 for minute)

Item No. 6 Presentation: Revenue Protection Initiatives Update

Alan Yule
Bill Worrell
Shelagh Pizey-Allen

The Board received the deputations for information. 
(See Item No. 6 for minute)

Item No. 8 Danforth Garage – Master Plan Update

Alan Yule

The Board received the deputation for information.
(See Item No. 8 for minute)

Item No. 13 Chester Station Second Exit

Peter Danson

The Board received the deputation for information.
(See Item No. 13 for minute)

Item No. 14 Lawrence West Station – Miscellaneous Works

Peter Danson

The Board received the deputation for information.
(See Item No. 14 for minute)

Item No. 17 Relief Line South – Station Design

Emily Daigle

The Board received the deputation for information.
(See Item No. 17 for minute)

Item No. 18 Elevator Maintenance and Repair Services

Emily Daigle

The Board received the deputation for information.
(See Item No. 18 for minute)

1. TTC Recognized as One of Canada’s Best Diversity Employers

Chair Colle announced that the TTC has been recognized as an employer with an exceptional workplace diversity and inclusion program.  Chair Colle reviewed the selection criteria and reasons why the TTC was selected as the recipient of the award.  He further advised that this is the first year that the TTC has been recognized with this award and congratulated staff for their achievement.

Following the announcement, Chair Colle presented Gemma Piemontese (Chief People Officer), Valerie Albanese (Head – Diversity & Human Rights), Karen Kuzmowich (Manager – Diversity), Thamina Jaferi (Diversity Consultant) and Marika Fraser (Diversity & Outreach Specialist) with the award.

2. Chief Executive Officer’s Report – April 2018 Update

The Board received the Chief Executive Officer’s Report – April 2018 Update for information. 

3. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for February 22, 2018

ACAT Chair Raymond Dell’Aera introduced this item. 

Following the ACAT Chair’s comments the Board received for information the approved minutes from the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting of February 22, 2018.

4. 2018 Accessibility Plan Status Update

Chair Colle moved the following motion:

TTC staff request CreateTO to prioritize the re-development of Warden and Islington Stations in order to allow the completion of the Easier Access work at these locations and meet the 2025 legislated deadline for AODA compliance.

The motion by Chair Colle carried.

The staff recommendations were adopted as follows:

It is recommended that:

1. The Board forward this report to the Ontario Ministry of Economic Development and Growth and the Ontario Human Rights Commission noting that the report fulfills provincially-legislated requirements set out in the Integrated Accessibility Standards Regulation (IASR) of the AODA to have an annual status report on the progress of measures taken to implement the TTC’s multi-year Accessibility Plan, including steps taken to comply with the IASR.

Approved

5. Wheel-Trans 10-Year Strategy – April 2018 Update

It is recommended that:

1. The Board receive this report for information.

Approved

6. Presentation: Revenue Protection Initiatives Update 

Mike Killingsworth, Head – Transit Enforcement delivered a presentation summarizing the fare inspection program overview and statistical update, proof of payment support, PRESTO audit program and other revenue protection initiatives.

Commissioner Mihevc moved the following motion.  Commissioner Fragedakis requested that the clauses be voted on separately.

1. That TTC add fare inspection staff through in-year offsets to heighten revenue protection during the transition from the legacy fare system to PRESTO.
   The motion by Commissioner Mihevc carried.
2. That TTC staff undertake a publicity/education campaign on "fare evasion/cheating hurts us all".
    The motion by Commissioner Mihevc carried and the staff recommendations were adopted, as amended.
   Correspondence submitted by: Jane Finch Action Against Poverty

7. Toronto-York Spadina Subway Extension (TYSSE) Claims Settlement Update

It is recommended that the Board:

1. Receive a confidential update related to the status of TYSSE claims settlement.
2. Authorize that the information provided in the confidential update is to remain confidential in its entirety as it contains information or communication that is subject to solicitor – client privilege. 

Approved

8. Danforth Garage – Master Plan Update

It is recommended that:

1. The Board receive the information as included in the confidential attachment;
2. The information in the confidential attachment remain confidential, as it contains information related to the security of the property;
3. The Board request that staff continue to work closely with CreateTO, Toronto Police Service, Toronto Public Library, City Real Estate Services, City Planning, Heritage Preservation Services, the local community and the local City Councillors in the development of the master plan for the Danforth Garage property, which will include accommodation for existing and future TTC uses; and
4. The Board request staff to advise City staff of the priority requirement for the TTC uses. 

Approved

9. Donlands Stations Easier Access Phase III and Second Exit Property Acquisitions

Commissioner Fragedakis moved the staff recommendations and requested a recorded vote.

It is recommended that the Board:

1. Approve the recommendations set out in the Confidential Attachment; and
2. Maintain confidential the information set out in the Confidential Attachment until such time as the agreement(s) are executed with the property owners.

In favour: Chair Colle, Vice-Chair Heisey, Commissioners Byers, De Laurentiis, Fragedakis, Lalonde, Mihevc

Opposed: None

The motion carried unanimously.

10. Collective Bargaining Agreement Ratification (CUPE Local 5089)

It is recommended that the TTC Board:

1. Approve the recommendations contained in the confidential attachment; and
2. Authorize that the information contained in the confidential attachment remain confidential with the exception of matters that will be reflected in the new Collective Agreement, should the recommendations be adopted, as it contains information pertaining to labour relations and employee negotiations.

Approved 

11. Stakeholder Engagement – Fitness for Duty

Chair Colle moved the following motion:

That the Board re-affirms its support for the introduction of federal and provincial legislation requiring mandatory drug and alcohol testing in safety sensitive workplaces like the TTC, and that the Board’s continued support for legislative change of this nature be conveyed to all stakeholders directly involved in this critically important public safety issue.     

The motion by Chair Colle carried.

12. Entrance Connection to Dundas Station

It is recommended that the Board:

1. Approve in principle the proposed new entrance connection to Dundas Station within the development located at 595 Bay Street and the subsequent closure of the existing entrance located at the northwest corner of Yonge Street and Dundas Street West, as illustrated in Attachments 1a, 1b and 2; and
2. Authorize the execution of a new entrance connection agreement, and any other agreements arising as a result of the development, on terms and conditions satisfactory to TTC's General Counsel.

Approved

13. Chester Station Second Exit and Easier Access

It is recommended that the Board authorize:  

1. Award of Contract D5-16, Chester Station Second Exit and Easier Access to Buttcon Limited in the amount of $19,569,792, inclusive of all taxes, on the basis of lowest priced acceptable bid.

Approved

14. Lawrence West Station – Miscellaneous Works

It is recommended that:

1. The Board authorize award of Contract A13-11, Lawrence West Station – EA III Miscellaneous Works, and Skylight Seals Replacement and Roofing Rehabilitation to Duron Ontario Limited in the amount of $10,739,520.00, inclusive of all taxes on the basis of lowest priced acceptable bid.

Approved 
 
15. Design Consultant Services Easier Access and Second Exit Projects

It is recommended that the Board authorize:  

1. Award of Contract G85-360 for Design Consultant Services for Easier Access and Second Exit Projects to the following three firms, in the noted upset limit amounts, in Canadian funds, each for eight year duration from Notification of Award, on the basis of highest weighted scores:

 

Firm	Upset Limit Amount
AECOM Canada Ltd.	$6,000,000.00
HDR Corporation	$6,000,000.00
IBI Group Professional Services (Canada) Inc.	$6,000,000.00
Total Upset Limit Amount	$18,000,000.00

Approved 

 

16. Relief Line South – Systems Design and Management Consultant

It is recommended that:

1. The Board authorize the award of Contract G85-358 for Systems Design and Management Consultant for the Relief Line South (RLS) to Hatch - Parsons Joint Venture, in the upset limit amount of $6,000,000, in Canadian funds, with a duration of two years from the Notification of Award, on the basis of highest total weighted score.

Approved 

17. Relief Line South – Station Design
It is recommended that:

1. The Board authorize the award of Contract G85-357 for Station Design for the Relief Line South to the following four firms, in the noted upset limit amounts, in Canadian funds, for a duration of 18 months from the notification of award, on the basis of the four highest rated total scores:

• Toronto Downtown Transit Consultants (TDOTc) $8,500,000.00
• AECOM Canada Limited     $6,500,000.00
• 1 DRP (Design Relief Partners)    $5,000,000.00
• HDR Corporation      $5,000,000.00

Approved 

18. Elevator Maintenance and Repair Services

It is recommended that the Board authorize:  

1. The award of a contract for elevator maintenance and repair services for a period of three-years (May 1, 2018 to April 30, 2021), with extension options for up to an additional two years, to Selco Elevators Ltd. in the total upset limit amount of $6,796,195 including applicable taxes on the basis of submitting the only bid.

Approved 

19. Supply of Lighting and Electrical Products

It is recommended that the Board authorize:  

1. A one year term extension from June 1, 2018 to May 31, 2019 for the supply of lighting and electrical products.
2. Additional funds, in the amount of $4,600,000.00, to carry the Contract to the proposed Contract expiry date of May 31, 2019.

Approved 

20. Market Shops Retail Procurement Authorization

It is recommended that:

1. Authorize the acceptance of the Best and Final Offer Proposal submitted by Gateway for Market Shops Retail Lease at 69 locations, in the amount of $30,711,468.77 (including HST) minimum guaranteed rental revenue for a 10-year period commencing May 1, 2018, with an option at the TTC's sole discretion to extend the agreement at minimum on the same terms and conditions for an additional term of up to five years. Additional rents, which would include property taxes, utilities and other recoverable costs, are in addition to the minimum guaranteed rents. In addition to the minimum guaranteed rent, Gateway will provide TTC an additional $1,500,000.00 (inclusive of HST) as a bonus payment as outlined below:
   1. $500K within 30 days of the lease execution;
   2. Five years after the first bonus payment, a second payment of $500K; and
   3. Upon execution of the five year extension option agreement by both parties, Gateway will pay the third bonus payment of $500K.

Gateway's proposal also included potential cobranded partners (Tim Hortons and MTY Food Group Inc.,) subject to further approval and negotiations. This has the potential to increase the rental revenue through percentage rent.

Approved 

21. Changes to the Code of Conduct for Members of Local Boards

The Board received this item for information.

22. Redevelopment of TTC Lands at Yonge-Eglinton

Commissioner Mihevc moved the following motion:

That this item be deferred to the next Board meeting to allow for a full review of this matter and briefing of TTC Board members.

Chair Colle requested a recorded vote.

In favour: Vice-Chair Heisey, Commissioners Byers, De Laurentiis, Mihevc

Opposed: Chair Colle, Commissioners Lalonde, Minnan-Wong

The motion by Commissioner Mihevc carried on a vote of 4-3.

The meeting adjourned at 3:58 p.m.