Item - 2013.EX33.20

Tracking Status

  • City Council adopted this item on July 16, 2013 with amendments.
  • This item was considered by the Executive Committee on July 3, 2013 and adopted without amendment. It will be considered by City Council on July 16, 2013.

EX33.20 - Upgrading City Infrastructure During Construction Of The Metrolinx Rapid Transit Program

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on July 16, 17, 18 and 19, 2013, adopted the following:

 

1.         City Council, with respect to the Metrolinx procurement process to retain the alternative financing and procurement (AFP) Contractor:

 

a.         Authorize the Deputy City Manager, Cluster B, to request Metrolinx to include new and upgraded City infrastructure as set out in Appendices A-1, A-2 and C to the report (June 18, 2013) from the Deputy City Manager, Cluster B (the "Recommended Additional City Infrastructure") in its request for proposals (RFP) for the Transit Program, as provisional or optional items for which separate competitive pricing is to be provided and with which the City can determine if it wishes to proceed, all in accordance with the terms of the Master Agreement.

 

b.         Authorize the Deputy City Manager, Cluster B, following selection by Metrolinx of the alternative financing and procurement (AFP) Contractor, to identify and approve the Recommended Additional City Infrastructure which the AFP Contractor will be asked to construct, subject to the following conditions:

 

i.          The Deputy City Manager, Cluster B is of the view that the price submitted by the alternative financing and procurement (AFP) Contractor for the Recommended Additional City Infrastructure is considered fair and reasonable; and

 

ii.         The funding for the cost of the Recommended Additional City Infrastructure is available, in the year required, within an approved capital budget.

 

2.         City Council:

 

a.         Authorize the Deputy City Manager, Cluster B subject to the conditions set out in Part 2b. below to:

 

i.          Include part of the Basement Flooding Protection Program as set out in Appendix B to the report (June 18, 2013) from the Deputy City Manager, Cluster B, and at other locations that he may later identify and which intersect with, or are situated in close proximity to the Transit Program, as additional scope in Metrolinx's existing contracts for tunnelling work (the "Tunnelling Contracts"); and

 

ii.         Identify and approve other enhancements or upgrades to City infrastructure impacted by the Transit Program, as well as investigative, planning and design studies considered necessary for City infrastructure and services in the vicinity of the Transit Program, which may arise from time to time (the "Unidentified Work") as additional scope in any agreement which Metrolinx may have for the Transit Program, including any agreement with the alternative financing and procurement (AFP) Contractor and the Tunnelling Contracts.

 

b.         Apply the following conditions to the authority provided to the Deputy City Manager, Cluster B by Part 2a above:

 

i.          the Deputy City Manager, Cluster B, is of the view that the benefits and costs of the Unidentified Work in each case are fair and reasonable; and

 

ii.          the funding for the cost of the Unidentified Work is available, in the year required, within an approved capital or operating budget.

 

3.         City Council authorize the Deputy City Manager, Cluster B, to enter into any agreements with Metrolinx, including any amendments and extensions, and any other agreements with any other parties as may be considered necessary, to give effect to Parts 1 and 2 above, all on such terms and conditions satisfactory to the Deputy City Manager, Cluster B, and in a form satisfactory to the City Solicitor.

 

4.         City Council, in order to protect competitive bidding and procurement processes with respect to the infrastructure to which the Confidential Information in Attachment 1 to the report (June 18, 2013) from the Deputy City Manager, Cluster B relates, only release the Confidential Information to the public after the City has entered into contracts or other agreements with Metrolinx or any other parties for construction of the new and upgraded infrastructure.

 

5.         City Council direct that, should any projects presently approved be impacted by this initiative, the Deputy City Manager, Cluster B, submit a report through the appropriate committee.

 

Confidential Attachment 1 to the report (June 18, 2013) from the Deputy City Manager, Cluster B remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006 as it pertains to the security of property belonging to the City or one of its agencies or corporations.  Confidential Attachment 1 will be made public once the City has entered into contracts or other agreements with Metrolix or any other parties for construction of the new and upgraded infrastructure.

City Council Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on July 17, 2013, to consider confidential information on this Item as it relates to the security of the property of the municipality or local board.  City Council subsequently did not consider this Item in the July 17, 2013 closed session.

Confidential Attachment - The security of the property of the municipality or local board

Background Information (Committee)

(June 18, 2013) Report from the Deputy City Manager, Cluster B, on Upgrading City Infrastructure During Construction Of The Metrolinx Rapid Transit Program
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59645.pdf
Appendix A-1 - Toronto Water - New/Upgraded Watermain Infrastructure
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59844.pdf
Appendix A-2 - Toronto Water - New/Upgraded Sewer Infrastructure
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59845.pdf
Appendix B - Toronto Water - Basement Flooding Project Infrastructure
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59866.pdf
Appendix C - Transportation Services - New Transportation Infrastructure
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59867.pdf
Attachment 1 - Confidential Information: Upgrading City Infrastructure During Construction Of The Metrolinx Rapid Transit Program

Motions (City Council)

Report of Committee of the Whole

July 17, 2013 – 7:53 p.m. – Speaker Nunziata advised that City Council had not considered EX33.20 – Upgrading City Infrastructure During Construction of the Metrolinx Rapid Transit Program in the closed session.


1 - Motion to Amend Item (Additional) moved by Councillor Ron Moeser (Carried)

City Council direct that, should any projects presently approved be impacted by this initiative, the Deputy City Manager Cluster B, submit a report through the appropriate committee.

Vote (Amend Item (Additional)) Jul-19-2013 11:19 AM

Result: Carried Majority Required - EX33.20 - Moeser - motion 1
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are John Parker (Chair), Anthony Perruzza
Total members that were Absent: 15 Members that were absent are Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Gloria Lindsay Luby, Giorgio Mammoliti, Peter Milczyn, David Shiner, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-19-2013 11:21 AM

Result: Carried Majority Required - EX33.20 - Adopt the item as amended
Total members that voted Yes: 28 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, Doug Holyday, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Anthony Perruzza
Total members that were Absent: 16 Members that were absent are Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Gloria Lindsay Luby, Giorgio Mammoliti, Peter Milczyn, David Shiner, Michael Thompson

EX33.20 - Upgrading City Infrastructure During Construction Of The Metrolinx Rapid Transit Program

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Confidential Attachment - The security of the property of the municipality or local board

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council, with respect to the Metrolinx procurement process to retain the alternative financing and procurement (AFP) Contractor:

 

a.         Authorize the Deputy City Manager, Cluster B, to request Metrolinx to include new and upgraded City infrastructure as set out in Appendices A-1, A-2 and C to the report (June 18, 2013) from the Deputy City Manager, Cluster B (the "Recommended Additional City Infrastructure") in its request for proposals (RFP) for the Transit Program, as provisional or optional items for which separate competitive pricing is to be provided and with which the City can determine if it wishes to proceed, all in accordance with the terms of the Master Agreement.

 

b.         Authorize the Deputy City Manager, Cluster B, following selection by Metrolinx of the alternative financing and procurement (AFP) Contractor, to identify and approve the Recommended Additional City Infrastructure which the AFP Contractor will be asked to construct, subject to the following conditions:

 

i.          The Deputy City Manager, Cluster B is of the view that the price submitted by the alternative financing and procurement (AFP) Contractor for the Recommended Additional City Infrastructure is considered fair and reasonable; and

 

ii.         The funding for the cost of the Recommended Additional City Infrastructure is available, in the year required, within an approved capital budget.

 

2.         City Council:

 

a.         Authorize the Deputy City Manager, Cluster B subject to the conditions set out in Recommendation 2(b) to:

 

i.          Include part of the Basement Flooding Protection Program as set out in Appendix B to the report (June 18, 2013) from the Deputy City Manager, Cluster B, and at other locations that he may later identify and which intersect with, or are situated in close proximity to the Transit Program, as additional scope in Metrolinx's existing contracts for tunnelling work (the "Tunnelling Contracts"); and

 

ii.         Identify and approve other enhancements or upgrades to City infrastructure impacted by the Transit Program, as well as investigative, planning and design studies considered necessary for City infrastructure and services in the vicinity of the Transit Program, which may arise from time to time (the "Unidentified Work") as additional scope in any agreement which Metrolinx may have for the Transit Program, including any agreement with the alternative financing and procurement (AFP) Contractor and the Tunnelling Contracts.

 

b.         Apply the following conditions to the authority provided to the Deputy City Manager, Cluster B by Recommendation 2(a):

 

i.          The Deputy City Manager, Cluster B, is of the view that the benefits and costs of the Unidentified Work in each case are fair and reasonable; and

 

ii.         The funding for the cost of the Unidentified Work is available, in the year required, within an approved capital or operating budget.

 

3.         City Council authorize the Deputy City Manager, Cluster B, to enter into any agreements with Metrolinx, including any amendments and extensions, and any other agreements with any other parties as may be considered necessary, to give effect to Recommendations 1 and 2, all on such terms and conditions satisfactory to the Deputy City Manager, Cluster B, and in a form satisfactory to the City Solicitor.

 

4.         City Council, in order to protect competitive bidding and procurement processes with respect to the infrastructure to which the Confidential Information in Attachment 1 to the report (June 18, 2013) from the Deputy City Manager, Cluster B relates, only release the Confidential Information to the public after the City has entered into contracts or other agreements with Metrolinx or any other parties for construction of the new and upgraded infrastructure.

Origin

(June 18, 2013) Report from the Deputy City Manager, Cluster B

Summary

In 2012, Toronto City Council authorized the City to enter into a Master Agreement for the implementation of a Provincially-funded Toronto light rail transit program, which agreement the City signed with the TTC and Metrolinx (the "Master Agreement").

 

This report seeks authorities that will permit the City to coordinate its own infrastructure projects with the first phase of Metrolinx's Toronto light rail transit program (the "Transit Program") to avoid multiple construction disruptions in the same location and to capitalize on any cost savings that may be available.

 

Toronto Water and Transportation Services have identified a preliminary list of capital projects that Metrolinx could construct for the City in the course of construction of the Transit Program. The estimated cost of this list of capital projects is included in the confidential attachments to this Report (the “Confidential Information”). The City may identify other opportunities to coordinate City infrastructure projects with Metrolinx as the latter provides the City with more information pertaining to the scope and schedule of the Transit Program, including City infrastructure that will be impacted by transit construction.

 

Metrolinx is utilizing the services of several contractors, including one that will design, build, finance, and maintain the Transit Program in accordance with a concession agreement that follows the Provincial alternative financing and procurement ("AFP") model. A request for proposals ("RFP") will be issued by Metrolinx this Fall to select a contractor (the "AFP Contractor"). Accordingly, the City must move quickly to incorporate its requirements for additional infrastructure in the RFP.

 

This report also outlines the process that City divisions will subsequently follow through consideration of annual capital budgets, to seek funding for City infrastructure projects which the City wishes to have Metrolinx undertake as part of the coordination of capital projects.

Background Information

(June 18, 2013) Report from the Deputy City Manager, Cluster B, on Upgrading City Infrastructure During Construction Of The Metrolinx Rapid Transit Program
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59645.pdf
Appendix A-1 - Toronto Water - New/Upgraded Watermain Infrastructure
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59844.pdf
Appendix A-2 - Toronto Water - New/Upgraded Sewer Infrastructure
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59845.pdf
Appendix B - Toronto Water - Basement Flooding Project Infrastructure
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59866.pdf
Appendix C - Transportation Services - New Transportation Infrastructure
https://www.toronto.ca/legdocs/mmis/2013/ex/bgrd/backgroundfile-59867.pdf
Attachment 1 - Confidential Information: Upgrading City Infrastructure During Construction Of The Metrolinx Rapid Transit Program

Motions

Motion to Adopt Item moved by Councillor Michael Thompson (Carried)
Source: Toronto City Clerk at www.toronto.ca/council