Board Meeting - August 28, 2002

B. Disero (Chair), S. Shaw (Vice-Chair), H. Moscoe, B. Ashton, D. Shiner, D. Miller, J. Flint and N. Kelly (Commissioners), R. Ducharme (Chief General Manager), V. Rodo (General Manager - Executive & General Secretary), G. Webster (General Manager – Operations), J. Sepulis (General Manager - Engineering & Construction), B. Leck (General Counsel), A. Chocorlan (Manager - Materials & Procurement), M. Roche (Chief Financial Officer), S. Blakey (Manager – Human Resources), M. Stambler (Manager – Service Planning), M. Anders (Marketing Research Director), W. Buffett (Assistant General Secretary), and F. Stanois (Coordinator - Secretariat Services) were present.

B. Disero was in the Chair.

R. Boutilier, Deputy General Manager - Surface Operations was present for Item No. 1.

Commissioner Moscoe declared an interest with respect to Item No. 3 entitled, "Procurement Authorization - Provision of Recruitment Services for Clerical and Stenographic Support Staff" and Item No. 4 entitled, "Procurement Authorization - Triennial Electrical Consultant Services Proposal No. P11PF02803", as his brother owns one of the companies listed in the reports. Commissioner Moscoe took no part in the discussions or decisions made by the Commission concerning these matters.

Commissioner Moscoe Moved That The Commission Approve The Minutes From Meeting No. 1816 And That The Chair And General Secretary Be Authorized To Sign The Same.

The Motion By Commissioner Moscoe Carried.

Nil

Nil

Nil

CC-1 Chair Betty Disero - Communication to the

Federal Minister of Transport Re: Federal Funding for TTC

Chair Disero submitted her communication dated August 15, 2002 to The Honourable David Collenette, Minister of Transportation requesting the Government of Canada to match the additional funding provided by the Provincial Government towards the TTC's Capital Program.

The Commission Received The Communication And Requested Chair Disero To Forward A Copy To Deputy Mayor Case Ootes For Information.

CC-2 Communication from George Smitherman, MPP, Toronto Centre

Rosedale Re: Metropass Price Reduction - Students - Post Secondary Institutions

Chair Disero submitted a communication dated August 27, 2002 from George Smitherman, MPP, Toronto Centre Rosedale advising of his support for a Metropass price reduction for students attending the University of Toronto and other post secondary institutions.

The Commission Received The Communication For Information.

Commissioner Moscoe Moved That Staff Be Requested To Report At The September, 2002 Commission Meeting On The Projected Savings To Be Accrued To The TTC From The High School Double Cohort; And Further That Staff Examine The Feasibility Of Using These Savings To Establish A Pass For Students At All Post Secondary Institutions In The City Of Toronto.

The Motion By Commissioner Moscoe Carried.

Commissioner Miller Moved That Staff Give Consideration In Their Report To The Possibility Of An Age Specific Pass Rather Than A Generic Student Pass.

The Motion By Commissioner Miller Carried.

1. World Youth Days

R. Boutilier, Deputy General Manager - Surface Operations recognized and thanked the various staff involved with World Youth Days and gave a PowerPoint presentation showing a montage of activities that had taken place during this very successful event.

Chair Disero then called on Commissioner Brian Ashton who thanked Bob Boutilier on behalf of the Commission for his excellent work in co-ordinating the transportation component of this event.

Commissioner Shiner Moved That The Commission Extend Its Thanks And Appreciation To All Staff For Their Effort, Skill And Professionalism In Making World Youth Days Such A Successful Event For The City Of Toronto.

The Motion By Commissioner Shiner Carried.

2. Chief General Manager's Report - Period 6 - June 2 to July 6, 2002

It is recommended that the Commission:

1. Receive for information the attached Executive Summary of the Chief General Manager’s (CGM’s) report covering the period June 2 to July 6, 2002 noting that:

• 2002 TTC Operating Budget

the year-end shortfall is now projected to be about $30 million; this will be funded through a $24 million draw from the Riders Reserve Fund and a $6 million reduction in the Contribution to Capital;

• 2002 Wheel-Trans Operating Budget

that the current expenditures are projected to be on budget but that the unaccommodated rate will average approximately 3 to 4% for 2002;

• 2002-2006 Capital Program

that the 2002 year-end cash flow is now projected to be $20.7 million under budget; and

2. Forward a copy of this cover report and the Executive Summary to each City Councillor for information (noting that the detailed CGM's report is available on request from the Office of the General Secretary of the Commission).

Adopted

3. Procurement Authorization - Provision of Recruitment Services for Clerical and Stenographic Support Staff

It is recommended that the Commission approve the issuance of purchase orders to Quantum Management Services, Spherion Workforce Architects, Adecco Employment Services Ltd., and Tosi Placement Services Inc. in the total upset limit amount of $125,000 each for a total of $500,000 for recruitment services for a three-year period from November 1, 2002 to October 31, 2005.

Approved

4. Procurement Authorization Triennial Electrical Consultant Services Proposal No. P11PF02803

It is recommended that the Commission authorize the issuance of Purchase Orders to the following firms and in the upset limit amounts listed below, for Electrical Consultant Services for a three-year period, from notification of awards:

a) $500,000.00 to Hatch Mott MacDonald Ltd.

b) $250,000.00 to The Employment Solution

c) $200,000.00 to ATS Reliance Technical Group

d) $650,000.00 to 1428380 Ontario Inc.

in the total upset limit of $1,600,000.00.

Approved

5. Procurement Authorization Dundas West Route Separation Track Excavation and Paving 2002 Surface Track Program Purchase Order Amendment

It is recommended that the Commission approve the issuance of a Purchase Order Amendment to the City of Toronto - Department of Works and Emergency Services, in the amount of $800,000, to allow the City's Contractor to carry out all necessary excavation and paving work associated with the construction of a second streetcar track and repaving of the bus roadway in Dundas West Station in 2002 bringing the total revised upset limit amount for the Commission's Purchase Order to $14,800,000.

Approved

6. Procurement Authorization Sheppard Subway Consultant Services Contract - Delcan-Hatch

It is recommended that the Commission authorize additional funding for 2002 in the amount of $1,621,000 (including GST) for the contract with Delcan-Hatch for consultant services for the Sheppard Subway project, bringing the total authorized amount to $144,955,471.

Approved

7. Procurement Authorization - Computer Training Services for Employees

It is recommended that the Commission authorize the award of a contract to Computer Training Centres with an upset limit amount of $300,000 for a two-year period from October 1, 2002 to September 30, 2004, with the option of a one-year renewal term.

Approved

8. Procurement Authorization - Supply of Miscellaneous Electronic Components and Supplies

It is recommended that the Commission approve the issuance of a purchase order to ElectroSonic Inc. in the upset limit amount of $1,100,000.00 for the provision of electronic components and supplies for the period of September 1, 2002 to August 31, 2005.

Approved

9. Procurement Authorization - Xerox Maintenance

It is recommended that the Commission approve the award of a three-year maintenance contract from September 1, 2002 to August 31, 2005 to Xerox Canada Ltd. in the upset limit amount of $650,000 on the basis of the only proposal received.

Approved

Commissioner Shiner Moved That Staff Be Requested To Report Back On The Total Number Of Copies Processed, Including The Average Cost Per Copy And A Breakdown Of The Respective Costs Involved.

The Motion By Commissioner Shiner Carried.

10. Purchase of Carbon Brushes

It is recommended that the Commission authorize for inventory, additional authority in the amount of $240,000 for the additional supply of carbon brushes to the period ending December 2003 from Carbone of America Limited resulting in a revised upset limit of $450,000.

Approved

11. Purchase of Westcode Air Conditioning Parts

It is recommended that the Commission authorize the award of a three-year inventory supply contract for Westcode Air Conditioning parts for the period from September 2002 to August 2005 to Westcode Incorporated for $2,000,000.00 including applicable taxes.

Approved

12. Purchase of Thermo King Parts

It is recommended that the Commission authorize the award of three-year inventory supply contracts for Thermo King parts to the following companies for the period from September 2002 to August 2005:

• Thermo King of Toronto for $575,000 including applicable taxes
• Orion Bus Industries for $64,000 including applicable taxes
• New Flyer Industries for $12,000 including applicable taxes

Approved

13. Natural Gas Purchase Agreement Extension

Commissioner Shiner Moved Adoption Of The Recommendation Contained In The Report, As Listed Below, Subject To Staff Consulting With Toronto Hydro To See If They Can Provide The Service For The Same Or A Better Price, As Well As Receiving Their Comments On The Projected Future Price Of Natural Gas, With A Report Back To The Commission On The Results Of These Deliberations:

"It Is Recommended That The Commission Approve:

1. A Two-Year Extension Of The Existing Agreement With Duke Energy Marketing Limited Partnership (Duke Energy) For The Supply Of Natural Gas From August 31, 2003 To August 31, 2005 In The Upset Limit Of $10,775,000.

2. Extensions To The Standard Industry Agreements For The Transportation By Transcanada Pipeline And Distribution By Enbridge Consumers Gas Company Ltd. Of Natural Gas, To Correspond With The Extension For The Supply Of Natural Gas In The Combined Upset Limit Of $4,655,000."

The Motion By Commissioner Shiner Carried.

14. Physiotherapy Rehabilitation Treatment Providers

It is recommended that the Commission approve the issuance of purchase orders for physiotherapy rehabilitation services for a five year term from September 1, 2002 to August 31, 2007 to the following two companies:

1. P.A.T.H. Inc. in the total upset limit amount of $800,000; and

2. The Orthopaedic & Arthritic Institute in the total upset limit amount of $500,000.

Approved

15. Services for Medical Consultant

It is recommended that the Commission authorize:

1. The option to extend the contract for Medical Consultant Dr. Theodore Joseph Gregor for a one (1) year period;

2. Authorize an amendment to Purchase Order No. PC34650 in the upset limit amount of $147,500 to increase the total upset limit of the contract to $295,000 for the provision of Medical Consulting Services.

Approved

16. Provision of Surveillance Services

It is recommended that the Commission approve awarding contracts for the Provision of Surveillance Services to the following companies for a period of three years commencing on September 16, 2002, with an option to extend the term of the contracts by up to an additional two years, in the following upset limit amounts:

• Reed Research Ltd. $600,000.00
• King-Reed & Associates Ltd. $600,000.00
• Intrepid Investigations Inc. $472,500.00
• Investigative Research Group $472,500.00
• Signum Corporate Services Inc. $120,000.00
• Aston Associates Investigations Ltd. $120,000.00
• Oscar Hoyte & Associates Ltd. $120,000.00
• Keyfacts Enterprises Canada Ltd. $120,000.00
• Total of Upset Limits: $2,625,000.00

Approved

17. Summary of Authorized Expenditures for the Period June 2, 2002 to July 6, 2002

It is recommended that the Commission receive this report for information. It lists expenditures ($100,000 up to $200,000) for the period June 2, 2002 to July 6, 2002 which were approved by Senior Management

Received

18. Notice of Award of Procurement Authorization Soil Remediation at Cangel and Lansdowne Garage Contract B3-9

It is recommended that the Commission receive the notice of award of Chair Disero, Commissioner Kelly and the Chief General Manager to authorize acceptance of the tender submitted by Aim Waste Management Inc. in the amount of $1,094,999.92, for Contract B3-9 - Soil Remediation at Cangel and Lansdowne Garage.

Received

19. Notice of Award of Procurement Authorization Structural Engineering Services Proposal No.: P11PW02763

It is recommended that the Commission receive the notice of award of Chair Disero, Vice-Chair Shaw and the Chief General Manager too authorize acceptance of the Proposals from and authorize the issuance of purchase orders to the following firms in the upset limit amounts listed below, for Structural Engineering Services for a two-year period from notification of awards:

• $350,000 to Halsall Associates Limited
• $350,000 to Giffels Associates Limited
• $350,000 to Marshall Macklin Monaghan
• $350,000 to Morrison Hershfield

in the total upset limit amount of $1,400,000.00.

Received
 
20. Notice of Award of Procurement Authorization Eglinton Bus Garage UST and AST Decommissioning Contract G60-132 Contract Change Directive No. G60-132-1

It is recommended that the Commission receive the notice of award of Chair Disero, Commissioner Kelly and the Chief General Manager to authorize staff to issue Contract Change Directive G60-132-1 to Ross Clair/Division of R.O.M. Contractors Inc. (Ross Clair) in the amount of $220,000.00 for the excavation, transportation and disposal of impacted soil bringing the total authorized amount to $396,000.00 for Contract G60-132 - Eglinton Bus Garage UST and AST Decommissioning.

Received

21. Notice of Award of Procurement Authorization Davisville Station - Carhouse Side Platform Slab Rehabilitation Contract S5-30

It is recommended that the Commission receive the notice of award of Chair Disero, Commissioner Kelly and the Chief General Manager to authorize acceptance of the tender submitted by Jeviso Contracting Ltd. (Jeviso) in the amount of $1,198,910.80, for Contract S5-30 - Davisville Station - Carhouse Side Platform Slab Rehabilitation.

Received

22. Notice of Award of Procurement Authorization SRT Elevated Structures - Superstructure Rehabilitation Contract J35-7

It is recommended that the Commission receive the notice of award of Chair Disero, Commissioner Moscoe and the Chief General Manager to authorize acceptance of the tender submitted by Bridgecon Construction Ltd. in the amount of $4,398,562.03 for Contract J35-7 - SRT Elevated Structures - Superstructure Rehabilitation.

Received

23. Russell Hill Subway Train Accident of August 11, 1995 Due Diligence Checklist Update

It is recommended that the Commission:

i) Receive for information the updated Due Diligence Checklist relating to the Russell Hill Subway Train Accident of August 11, 1995, which provides a status report on the progress toward closing the Coroner's Jury Recommendations and the TTC's Internal Team Recommendations;

ii) Forward this report to the Chief Coroner of Ontario, the City of Toronto, and the Province of Ontario for information.

Adopted

24. Leasing of Retail Space at Sheppard Subway Line - Request for Proposals P26PC02775

It is recommended that the Commission approve the execution of various lease agreements with the following companies with respect to available retail space in the new Sheppard Subway Line:

1. Ross Lee - Rainbow 'N' Things (Ross Lee) for the lease of space at Sheppard/Yonge Station, Location Store Number 242, for five years at the minimum rent of $100,800.00 for the five-year term with an option to renew for an additional five years.

2. Cinnagard Inc., o/a Cinnabon World Famous Cinnamon Rolls, for the lease of space at Sheppard/Yonge Station, Location Store Number 227/229, for ten years at the minimum rent of $1,800,010.00 for the ten-year term.

3. Dixie Cleaners for the lease of space at Bayview Station, Location Store Number C03, for ten years at the minimum rent of $201,126.35 for the ten years; Bessarion Station, Location Store Number 032, for ten years at the minimum rent of $41,654.90 for the ten years; Leslie Station, Location Store Number L1, for ten years at the minimum rent of $152,848.80 for the ten years and Don Mills Station, Location Store Number D2, for ten years at the minimum rent of $275,020.20 for the ten years.

4. 1187395 Ontario Inc. (o/a Atrium Café) for the lease of space at Don Mills Station, Location Store Number C02, for ten years at the minimum rent of $566,743.24 for the ten-year term with an option to renew for an additional five years.

Approved

25. Transit Passes for Toronto MPs and MPPs

Commissioner Shiner Moved That The Report Be Deferred Until Such Time As Either Level Of Government Meets Their Funding Commitment Towards Public Transit.

Chair Disero Called For A Vote On Commissioner Shiner's Motion.

The Motion By Commissioner Shiner Lost.

Commissioner Moscoe Moved An Amendment To The Recommendation By Adding Thereto The Words "Subject To The MPS And MPPS Making Application For The Pass."

Chair Disero Called For A Vote On Commissioner Moscoe's Motion.

The Motion By Commissioner Moscoe Lost.

Commissioner Shiner Moved An Amendment To The Recommendation By Adding Thereto The Words "And Further That These Passes Be Provided On A One Year Basis."

Chair Disero Called For A Vote On Commissioner Shiner's Motion.

The Motion By Commissioner Shiner Lost.

Commissioner Miller Moved An Amendment To The Recommendation By Adding Thereto The Words "Subject To The Relevant MPS And MPPS Being Invited To Attend The Commission Meeting Scheduled For October 23, 2002 Or Alternate Briefing Session, To Hear A Presentation On Transit Financing, Including The TTC And Comparable Properties In Canada.

Vice-Chair Shaw Moved An Amendment To Commissioner Miller's Motion By Deleting The Words "Subject To" And Replacing Lieu Thereof The Words " "And Further."

Chair Disero Called For A Vote On Vice-Chair Shaw's Motion.

The Motion By Vice-Chair Shaw Carried.

Chair Disero Called For A Vote On Commissioner Miller's Motion, As Amended.

The Motion By Commissioner Miller Carried.

Commissioner Kelly Moved That A Pass Also Be Provided To The Ontario Minister Of Transportation Who Does Not Represent A Toronto Constituency.

Chair Disero Called For A Vote On Commissioner Kelly's Motion.

The Motion By Commissioner Kelly Carried.

Vice-Chair Shaw Moved Approval Of The Report, As Amended.

Chair Disero Called For A Vote On Vice-Chair Shaw's Motion.

Chair Disero, Vice-Chair Shaw, Commissioner Kelly And Commissioner Flint Voted In Favour. Commissioner Ashton, Commissioner Shiner, Commissioner Moscoe And Commissioner Miller Were Opposed. The Motion Therefore Lost On A Tie Vote.

26. Amendment 2002 Commission Meeting Schedule

It is recommended that the Commission amend its current meeting schedule for 2002 by striking out the Wednesday, October 30, 2002 date and replacing in lieu thereof Wednesday, October 23, 2002; and further adding an additional meeting on Wednesday, November 20, 2002.

Approved

Commissioner Miller Moved That Staff In Consultation With The Chair Investigate The Possibility Of Rescheduling The September 25, 2002 Commission Meeting To An Alternate Date.

The Motion By Commissioner Miller Carried.

Commissioner Shiner Moved That Staff Be Requested To Explore Potential Alternate Dates For The December 18, 2002 Commission Meeting And That A Report On This Matter Be Brought Forward At The Next Meeting.

The Motion By Commissioner Shiner Carried.

27. Staff Response to Commission Inquiry

a) Visible Badge Numbers on Operator and Personnel Uniforms

Commissioner Moscoe Moved That This Item Be Deferred Pending Resolution Of A Related Matter That Will Be Discussed At A Future Meeting Of The Committee Of The Whole.

The Motion By Commissioner Moscoe Carried.

Nil

C-1 Mary Lorefice expressing concern with operators not calling out stops.

Commissioner Moscoe Moved That The Communication Be Deferred Pending Resolution Of A Related Matter That Will Be Discussed At A Future Meeting Of The Committee Of The Whole.

The Motion By Commissioner Moscoe Carried.

a) Committee of the Whole Resolution

The Commission Approved A Resolution By Vice-Chair Shaw To Meet As The Committee Of The Whole On Wednesday, September 25, 2002, Or Alternate Date Determined By The Chair, 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 meeting adjourned at 3:15 p.m.

Nil