Board Meeting - May 8, 2007

A. Giambrone (Chair), J. Mihevc (Vice-Chair), B. Saundercook, G. De Baeremaeker, M. Thompson, S. Hall, P. Milczyn and S. Bussin(Commissioners), G. Webster (Interim Chief General Manager), V. Rodo (General Manager – Executive & General Secretary), R. Cornacchia (Acting 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 (Executive Director - Human Resources), A. Smith (Acting Chief Marketing Officer), M. Stambler (Manager – Service Planning), W. Buffett (Assistant General Secretary) and F. Stanois (Co-ordinator - Secretariat Services) were present.

A. Giambrone was in the Chair.

R. Thacker, General Superintendent, Wheel-Trans was present for Item No. 2.

Prior to proceeding with the agenda, the Commission observed a moment of silence in the memory of Mr. Antonio Almeida who lost his life in a tragic subway workcar accident on Monday, April 23, 2007.

Commissioner Thompson moved that the Commission approve the minutes from meeting no. 1881 and that the Chair and General Secretary be authorized to sign the same.

The motion by Commissioner Thompson carried.

a) Committee of the Whole Agenda – May 8, 2007

The Commission received the Committee of the Whole Agenda from the meeting held on May 8, 2007.

b) Committee of the Whole Resolution – June 13, 2007

Vice-Chair Mihevc moved that the Commission meet as the Committee of the Whole on Wednesday, June 13, 2007 at 9:00 a.m., or later, 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) Equinox Development Site – Commissioner De Baeremaeker

Vice-Chair Mihevc moved that this matter be referred to staff for consultation with Commissioner de Baeremaeker and a report back at the next meeting.

The motion by Vice-Chair Mihevc carried.

a) Item No. 2 – Wheelchair Accessible Distance Based Taxi Service – Information Report

Prior to hearing the deputations, R. Thacker, General Superintendent, Wheel-Trans gave an overhead slide presentation entitled, “Wheel-Trans Operations Accessible Taxi Service The Way Forward” dated May 8, 2007.

After the presentation, the following individuals appeared before the Commission:

Mohammed Hakim Zadah

Leslie Danah

Penny Lamy
(Submitted brief)

Jeff Pasoff
Partner, Dignity Transportation
(Submitted brief)

Abib Mohmood Kahlon
Driver, Dignity Transportation

Ismael Mohmand
Driver, Dignity Transportation

Rachhpal Singh
President, Scarborough City Cab

Rajinder Sharma
Driver, Scarborough City Cab

Spiros Bastas
General Manager, Royal Taxi Inc.

Joe Kumi
Driver, Royal Taxi Inc.

Kazeem Agboola
Royal Taxi Inc.

Varandeer Gill
General Manager, Bee Line Taxi

Stephen Morrison
Partner, Cassels Brock & Blackwell LLP
(Submitted brief)

The Commission received the deputations.

(Also see report no. 2 for minute)

1. Cleanliness Audit

Given the importance of ensuring that our Subway System is in a state of good repair and presented in an acceptable level of cleanliness, Chair Giambrone moved that staff be requested to establish goals with performance measures that can be audited by the TTC’s internal auditors, and report back at three month intervals on their plans with audit results at the same time.

The motion by Chair Giambrone carried.

Vice-Chair Mihevc moved that ttc staff and the TTC internal auditor discuss with City staff on the benchmarking of cleanliness goals that the city uses and may be transferable to the TTC.

The motion by Vice-Chair Mihevc carried.

2. Wheelchair Accessible Distance Based Taxi Service – Information Report

Vice-Chair Mihevc moved the following motions:

1. That the Commission receive the report and presentation for information, noting the revised timetable associated with the proposal, as detailed in the presentation.

2. In order to be considered for the provision of accessible taxi service under contract to Wheel-Trans operations, be it resolved that individuals must have an ambassador taxi license and successfully complete the “w” training provided by the City of Toronto.

3. Noting that Accessible Taxi drivers currently under contract to wheel-trans operations were required to purchase an accessible vehicle at considerable cost, be it further resolved that accessible taxi owners/operators with vehicles scheduled for retirement after December 31, 2007 be allowed to continue serving Wheel-Trans customers under the following conditions:

(A) They comply with any other qualification or recruitment requirements stipulated by the contractor awarded this work.

(B) For the purpose of the Wheel-Trans Accessible Taxi Contract, successfully complete training equivalent to the ambassador course which will be provided by the City of Toronto licensing and standards.

(C) Agree that only the accessible taxi owner will be permitted to operate these vehicles in the provision of service under this contract.

4. Be it further resolved that this report be forwarded to the City of Toronto licensing and Standards Committee for information and appropriate action and by-law amendments.

The motions by Vice-Chair Mihevc carried.

Commissioner Milczyn moved that staff be requested to hire a fairness monitor to oversee the proposal process.

Commissioner Milczyn called for a recorded vote.

The Motion by Commissioner Milczyn lost on the following recorded vote:

For: Commissioner Milczyn, Commissioner Thompson - 2

Against: Chair Giambrone, Vice-Chair Mihevc, Commissioner Hall, Commissioner De Baeremaeker, Commissioner Bussin – 5

Commissioner Saundercook was not present to vote on this matter.

3. Spadina Subway Extension Update – April 2007
 
J. Sepulis, General Manager – Engineering and Construction gave a verbal update with respect to this matter.

The Commission received the update and report for information.

Chair Giambrone moved that the interim Chief General Manager of the Toronto Transit Commission be requested to report back to the June commission meeting with a detailed breakdown of the forecasted operating costs and revenues, on a life-cycle basis, for the proposed extension of the Spadina Subway into York Region, including:

• The projected dollar amounts attributable to each expected revenue source;
• A commentary on the achievability of each of these projected revenue sources; and
• A forecast of the net annual cost to the TTC and the City of Toronto of the proposed operating agreement.

The motion by Chair Giambrone carried.

4. Capital Funding Status Update

It is recommended that the Commission adopt this funding update report and forward this report to the Deputy City Manager and Chief Financial Officer and to the Budget Committee for confirmation of the status of the funding program and consideration of a strategy to address the long term capital funding requirements of the Toronto Transit Commission.

Approved

a) Procurement Authorization – Easier Access
Phase III - Fare Gates Bulk Purchase Contract G45-43

It is recommended that the Commission authorize the award of a contract to WCH Access Systems in the amount of $396,720.00 for Contract G45-43, Easier Access Phase III – Fare Gates Bulk Purchase.

Approved

b) Procurement Authorization Wilson Carhouse and Track
& Structure Building – Heating and Ventilation Contract A18-10

Chair Giambrone moved that the recommendation be amended by adding the words “conditional upon Servocraft providing an explanation acceptable to the Chief General Manager for the high cost of a significant component of the work” so such recommendation reads as follows:

“It is recommended that the commission authorize the award of a contract to Servocraft limited (Servocraft) in the amount of $6,850,000.00 for contract a18-10, Wilson Carhouse and track & structures building – heating and ventilation conditional upon Servocraft providing an explanation acceptable to the chief general manager for the high cost of a significant component of the work.”

The Motion by Chair Giambrone carried.

The Commission Approved the report, as amended.

c) Procurement Authorization University Subway
Stations Renaissance Museum Station Finishes Contract U3-8

It is recommended that the Commission authorize the acceptance of the tender submitted by Jeviso Construction Corporation in the amount of $3,078,937 for Contract U3-8 University Subway Stations Renaissance, Museum Station Finishes.
 
Approved

d) Procurement Authorization – Bentley
Municipal License Subscription Agreement

It is recommended that the Commission approve the issuance of a purchase order to the City of Toronto (City) for the subscription to the Bentley’s Municipal License Subscription Program in the total amount of $346,146.91 (including taxes) for a three year period, effective January 1, 2007 to December 31, 2009.

Approved

e) Procurement Authorization – Trapeze
FX and Midas BD Software Maintenance

It is recommended that the Commission approve the issuance of a purchase order to Trapeze Software Inc. (Trapeze) for Trapeze FX and Midas BD software maintenance in the total amount of $1,155,100.44 (Including taxes), for a three year period commencing May 1, 2007 to April 30, 2010.

Approved

f) Sale of Decommissioned Buses

It is recommended that the Commission approve the award of a contract for the sale and removal of 230 surplus buses over a period of 12 to 15 months, commencing April 2007 for a value of $548,467.20 to Ummsu LLC.

Approved

g) Procurement Authorization – The 
Supply of Tires for Non-Revenue Vehicles

At the request of staff, the Commission agreed to the withdrawal of this report.

h) Procurement Authorization – Supply
and Installation of Vertical Lift Systems

It is recommended that the Commission authorize the award of a contract to Advance Storage Technologies in the amount of $684,000.00 including taxes for the supply and installation of six vertical lift systems.

Approved

i) Procurement Authorization – 
Installation/Repair of Carpet for Three-Year Term

It is recommended that the Commission authorize the award of a contract to Sands Commercial Flooring in the total upset limit of $225,000, in Canadian funds, for supply, installation and repair of carpets in Commission facilities for a three-year period from June 1, 2007 to May 31, 2010.

Approved

j) Procurement Authorization – Asphalt Repairs and Maintenance

It is recommended that the Commission authorize the award of a contract to IPAC Paving Limited (IPAC) in the upset limit amount of $860,000.00, for the repair and maintenance of on-grade pavement at various Commission properties for a three-year term from May 9, 2007 to April 30, 2010.

Approved

k) Increasing the Upset Limit of the Wheel-Trans
Eligibility Interview Services Contract with Centennial College

It is recommended that the Commission approve increasing the overall contract upset limit by $300,000 from $550,000 to $850,000 payable to Centennial College for the provision of Wheel-Trans eligibility interview services.

Approved

l) Summary of Authorized Expenditures between $100,000
to $200,000 for the Period March 1, 2007 to March 31, 2007

It is recommended that the Commission receive this report for information. It lists expenditures ($100,000 up to $200,000) for the period March 1, 2007 to March 31, 2007, which were approved by the Interim Chief General Manager.

Received

a) Procurement Authorization Amendment – Supply of Bio-Diesel Fuel

It is recommended that the Commission authorize:

1. the issuance of an amendment to the contract with Suncor Energy Products Inc. (Suncor) for the supply and transportation of Bio-Diesel Fuel to exercise the option to extend the expiry date of the contract by two years from December 31, 2007 to December 31, 2009 and to increase the total contract upset limit amount by $165,000,000 to $279,400,000; and

2. The Interim Chief General Manager to approve locking in a fixed price for the purchase of No. 1 Ultra Low Sulphur Diesel fuel and report back to the Commission once a fixed price has been established.

Approved

Vice-Chair Mihevc moved that prior to issuing the next tender that staff bring forward a report evaluating the possibility of going to a bio-diesel fuel ratio of 10%, 15% and 20%.

The motion by Vice-Chair Mihevc carried.

b) Procurement Authorization Contract Amendment – Supply of Office Supplies, Technical Supplies and Copier Paper

It is recommended that the Commission approve the following:

1. The issuance of a purchase order amendment to Corporate Express Canada Ltd. (CEC) to increase the total upset limit amount by $200,000 to $4,300,000 for the supply of office supplies, technical supplies and copier paper for the period ending July 31, 2007; and

2. The issuance of a purchase order amendment to CEC to exercise the option to extend the contract for a two year period from August 1, 2007 to July 31, 2009 and increase the total upset limit amount by $3,375,000 to $7,675,000 for the supply of office supplies, technical supplies and copier paper.

Approved

c) Work Assignment Release of Phase 3 “ATC Detailed 
Specification” of PO C31PV06860 “Consultant Services 
Engineering Review of Automatic Train Control Technology
Yonge/University/Spadina Subway Line” – Procurement Amendment #2

It is recommended that the Commission authorize Amendment #2 to the contract with Parsons Overseas Company of Canada Ltd. (Parsons) in the upset amount of $853,588.00 (USD) for the provision of Engineering Consultant Services to provide an Automatic Train Control (ATC) specification as specified in Phase 3 of Contract C31PV06860, which encompasses further implementation of ATC over the entirety of the YUS line.

Approved

d) Purchase Order Amendment Authorization – Armoured Car Service – G4S Cash Services

It is recommended that the Commission approve the issuance of Amendment No. 4 in the amount of $593,884.04 to exercise the option to extend the present contract term with G4S Cash Services (Canada) Ltd. for Armoured Car Services for a period of nineteen months from September 1, 2007 to March 31, 2009 with a revised upset limit of $1,633,081.57.

Approved

7. Appointment of Director – Sick Benefit Association

It is recommended that the Commission appoint Kirsten Watson, Senior Director – Human Resources as a Director of the TTC Sick Benefit Association.

Approved

8. 1998, 2001 & 2004 APTA Rail Safety Audits - Updates

It is recommended that the Commission:

1. Receive for information, the twelfth update of the TTC management Actions for the 1998 APTA Rail Safety Audit, the tenth update of the TTC management Actions for the 2001 APTA Rail Safety Audit and the fourth update of the TTC management Actions for the 2004 APTA Rail Safety Audit; and

2. Forward this update to the Minister of Transportation, Province of Ontario and the Clerk of the City of Toronto for information.

Approved

9. 33 Forest Hill Bus Route – Post-Implementation Review

Vice-Chair Mihevc moved that the recommendation contained in the report be struck out and that the present routing of the 33 Forest Hill bus be extended for one year, with a staff report back at the end of the extension period on the performance and continuance of the service.

The motion by Vice-Chair Mihevc carried.

10. Implementation of Deferred Service Improvements

It is recommended that the Commission:

1. Approve the introduction, effective June 24, 2007, of trial operation of the eleven service changes listed in Table 1, all of which were originally prepared for inclusion in the Service Improvements for 2006 report which, itself, was cancelled due to resource constraints;

2. Approve the waiving of the usual 10-week consultation period for these service changes because:

• The recommended changes have been requested by City Councillors and TTC customers and will result in immediate improvements to service,
• The changes are unlikely to result in any negative comments,
• Consultation has already been carried out by the local City Councillor for the only recommended improvement involving a routing change,
• The changes have already been deferred since 2006 due to lack of resources;

3. Note that implementation of the trial services will not change budgeted resource requirements because:

• The cost of the service changes over the summer months will be offset by savings from temporary summer service reductions,
• There are sufficient operators and vehicles budgeted for September 2007 to cover these new services for the balance of their trial period; and,

4. Forward this report to all City of Toronto Councillors, the City of Mississauga, York Region, GO Transit, and the Greater Toronto Transportation Authority.

Approved

a) Signage and Wayfinding at the TTC

The Commission had before it a memorandum dated May 8, 2007 from G. Webster, Interim Chief General Manager entitled, “Staff Response to Commission Inquiry – Signage and Wayfinding at the TTC.”

Commissioner Saundercook moved that this matter be deferred until the next meeting to permit debate and public presentations.

The motion by Commissioner Saundercook carried.

b) Selling TTC Memorabilia

The Commission had before it a memorandum dated May 8, 2007 entitled, “Staff Response to Commission Inquiry – Selling TTC Memorabilia.”

The Commission approved the recommendation contained in the memorandum, as listed below:

“It is recommended that the commission approve proceeding with the development of a request for proposal to procure an external licensing agent to facilitate the acquisition of ttc novelty item licensees, in order to develop new products and expand distribution channels.”

C-1 Joe Clark dated May 2, 2007 forwarding comments with respect to the preservation of irreplaceable signage at St. George, Eglinton, and other stations.

The Commission deferred consideration of the communication until its next meeting.

(Also see report no. 11a) for minute)

C-2 Joe Clark dated May 4, 2007 forwarding comments regarding staff report entitled, “Signage and Wayfinding at the TTC.”

The Commission deferred consideration of the communication until its next meeting.

(Also see report no. 11a) for minute)

C-3 Allison Greene, Iler Campbell LLP dated May 7, 2007 regarding TTC’s RFP for Wheelchair Accessible Distance Based Taxi Service.

The Commission received the communication for information.

(Also see report no. 2 for minute)

a) Land Use and Densities – Subway Extension to Steeles Avenue

Commissioner Perruzza submitted a communication dated April 18, 2007 requesting that the North District Planning staff be requested to give a presentation to the Toronto Transit Commission on land uses and densities that are being proposed along the subway extension to Steeles Avenue and beyond.

The Commission approved the request by Commissioner Perruzza and directed staff to make the necessary arrangements with north district planning staff for consideration at the next meeting.

14. Audit Results – Year Ended December 31, 2006

It is recommended that the Commission:

1. Approve the attached report from the auditors regarding the audit of the consolidated financial statements of the Toronto Transit Commission for the year ended December 31, 2006, for information; and

2. Forward a copy of the management letter, page 6 in the attached report from the auditors, to the Audit Committee of the City of Toronto, for information.

Approved

15. Consolidated Financial Statements of the Toronto Transit Commission for the Year Ended December 31, 2006

It is recommended that the Commission:

1. Approve the attached consolidated financial statements of the Toronto Transit Commission for the year ended December 31, 2006; and

2. Forward a copy of the approved consolidated financial statements to the Audit Committee of the City of Toronto, for information.

Approved

16. Procurement Authorization – Fort York/Bremner Boulevards Transit Right-of-Way – EA Study Proposal No. P02PI07736

It is recommended that the Commission:

1. Authorise the award of contract to LEA Consulting Ltd. for the above-stated contract, in the total contract amount of $355,000.00, noting that:

• LEA has considerable knowledge of key segments of the proposed transit right-of-way on Fort York/Bremner Boulevards given that, through separate, competitive processes, they have been awarded the Waterfront West Streetcar Extension Environmental Assessment Study, and prior to that assignment, they had been retained to develop a preliminary design for a possible streetcar connection from Bremner Boulevard to the underground streetcar loop at Union Station;
• This EA study will not begin formally – that is, there will be no contact made with the public – until the more-streamlined Class EA process for municipal transit projects is available to be used on this project, and that the new process is expected to be approved by the Minister of the Environment in the summer/fall of 2007; and

2. Forward this report to Councillor Vaughan and Deputy Mayor Pantalone.

Approved

17. Transit Environmental Assessments

It is recommended that the Commission:

1. Receive this report noting that:

• TTC and City staff are working aggressively on environmental assessments for transit projects in order to allow the City to be in a position to implement significant transit improvements immediately upon receipt of the necessary funding;
• There are currently nine environmental assessments for transit either underway, or about to be started, and there will be a number of additional environmental assessment studies undertaken in support of the Toronto Transit City – Light Rail Plan;
• No new environmental assessments for transit will be formally commenced until the more-streamlined municipal class EA process for transit has been approved by the Minister of the Environment, and this is expected to occur by summer/fall 2007;
• At the Commission meeting of June 13, 2007, TTC staff will present a work plan which will outline the activities and timelines required to enable the TTC/City to begin construction on one or more of the light rail lines contained in the Toronto Transit City – Light Rail Plan in the fall of 2010; and

2. Forward this report to the City of Toronto and the Greater Toronto Transportation Authority.

Approved

Vice-Chair Mihevc moved :

1. TTC request that council approve a policy directing that all environmental assessments pertaining to components of the Toronto Transit City - light rail plan are to investigate only light rail technology; and

2. Council be informed of the TTC’s position.

The motion by Vice-Chair Mihevc carried.

18. Purchase Order Amendment Authority Consulting Engineering Services Precast Concrete Tunnel Liner Peer Review Panel Purchase Order No: C11PW02890

It is recommended that the Commission authorize Purchase Order Amendment Authority No. 10 to Acres International Ltd. (Acres) in the amount of $450,000.00 for additional peer reviewing services for an ongoing rehabilitation of the precast concrete tunnel liners and tunnel monitoring program, bringing the total upset limit amount to $749,693.51, and to extend the contract to December 2013.

Approved

19. Temporary Bus Service on Dundas Street East

It is recommended that the Commission:

1. Approve funding of $350,000 for the operation of an unbudgeted temporary bus replacement service on Dundas Street East, from May to late November 2007;

2. Note that this temporary bus replacement service will initially be operated on a four-week trial basis in order to monitor the ridership and usage of the service; and

3. Forward this report to Councillors Fletcher and McConnell.

Approved

20. Notice of Award of Procurement Authorization for Wheel-Trans Fire Suppression System Upgrade

It is recommended that the Commission receive the notice of award of the Chair, Vice-Chair and the Interim Chief General Manager to authorize a contract to Sava Fire Equipment for the purchase of 140 Amerex automatic fire suppression systems in the amount of $235,410.00 (including taxes) for retrofitting the Wheel-Trans ELF bus fleet.

Received

The meeting adjourned at 4:20 p.m.