Item - 2024.EX16.1

Tracking Status

  • City Council adopted this item on July 24, 2024 with amendments.
  • This item was considered by the Executive Committee on July 16, 2024 and adopted without amendment. It will be considered by City Council on July 24, 2024.
  • See also By-law 872-2024

EX16.1 - Acceleration of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue and Enhanced Congestion Management Measures

Decision Type:
ACTION
Status:
Amended
Ward:
10 - Spadina - Fort York

City Council Decision

City Council on July 24 and 25, 2024, adopted the following:

 

1. City Council authorize the Chief Engineer and Executive Director, Engineering and Construction Services to negotiate with Grascan Construction Limited for acceleration of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue, Contract Number 22ECS-BE-01GE to an upset limit identified in Confidential Attachment 1 to the supplementary report (July 24, 2024) from the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Procurement Officer, Purchasing and Materials Management, including fixed costs and incentive (the "Acceleration Payment"), and to enter into any amending agreements in a form satisfactory to the City Solicitor.

 

2. City Council authorize the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services to enact congestion management measures associated with the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue, Contract 22ECS-BE-01GE by retaining resources and negotiating and entering into agreements or amending agreements as necessary, to an upset limit identified in Confidential Attachment 1 to the supplementary report (July 24, 2024) from the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Procurement Officer, Purchasing and Materials Management.

 

3. City Council authorize the alteration of the eastbound Gardiner Expressway Spadina Avenue off-ramp to divide the dual eastbound left-turns with temporary concrete barriers, to allow eastbound left-turns from Lake Shore Boulevard West.

 

4. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, the authority to temporarily close to vehicular traffic the eastbound Gardiner Expressway on ramp from Lake Shore Boulevard West/British Columbia Road between July 30, 2024 and December 31, 2027, inclusive, despite Section 937-4 of Chapter 937, as required to improve traffic flow on the eastbound Gardiner Expressway, and City Council exempt the General Manager, Transportation Services, in carrying out this delegated authority from Section 937-5 of Chapter 937, that being the requirement to notify the local Ward Councillor of the pending closure and the requirement to report on the proposed closure if so requested by the local Ward Councillor.
 

5. City Council direct the General Manager, Transportation Services, to report back on the status of traffic mitigation measures at the September 27, 2024, Infrastructure and Environment Committee meeting.

 

6. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Procurement Officer, Purchasing and Materials Management to incorporate lessons learned from this acceleration work into the outset of construction planning for subsequent sections of the F.G. Gardiner Expressway Rebuild.
 

7. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Procurement Officer, Purchasing and Materials Management to report back to the Infrastructure and Environment Committee with a congestion management plan for future segments of the F.G Gardiner Expressway before each phase of construction begins.

 

8. City Council request the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Procurement Officer, Purchasing and Materials Management to consider opportunities to accelerate construction of the elevated Expressway from Cherry Street to the Don Valley Parkway (Section 5), including the new on- and off-ramps east of Cherry Street, in order to improve access to the F.G. Gardiner Expressway from the east end. 

 

9. City Council request the Chief Financial Officer and Treasurer, and the Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services, to include safety and traffic congestion as part of the prioritization criteria used by the new construction coordination office.

 

10. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 24, 2024) from the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Procurement Officer, Purchasing and Materials Management.

 

11. City Council authorize the public release of Confidential Attachment 1 to the supplementary report (July 24, 2024) from the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Procurement Officer, Purchasing and Materials Management, following the completion of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue, Contract Number 22ECS-BE-01GE.

 

Confidential Attachment 1 to the supplementary report (July 24, 2024) from the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Procurement Officer, Purchasing and Materials Management remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains information that involves the measures to be applied to negotiations by or on behalf of the municipality or local security and contains technical, commercial, and financial information supplied in confidence to the City of Toronto, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. Confidential Attachment 1 to the supplementary report (July 24, 2024) from the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services, and the Chief Procurement Officer, Purchasing and Materials Management will be made public following the completion of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue, Contract Number 22ECS-BE-01GE.

City Council Decision Advice and Other Information

Jennifer Graham Harkness, Chief Engineer and Executive Director, Engineering and Construction Services, gave a presentation to City Council.

Confidential Attachment - involves the measures to be applied to negotiations by or on behalf of the municipality or local security and contains technical, commercial, and financial information supplied in confidence to the City of Toronto, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization.

Background Information (Committee)

(July 2, 2024) Report from the Chief Engineer and Executive Director, Engineering and Construction Services, General Manager, Transportation Services, and Chief Procurement Officer, Purchasing and Materials Management on Acceleration of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue and Enhanced Congestion Management Measures
https://www.toronto.ca/legdocs/mmis/2024/ex/bgrd/backgroundfile-247596.pdf

Background Information (City Council)

(July 24, 2024) Supplementary report from the Chief Engineer and Executive Director, Engineering and Construction Services, General Manager, Transportation Services, and Chief Procurement Officer, Purchasing and Materials Management on Supplementary Report on Acceleration of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue and Enhanced Congestion Management Measures (EX16.1a)
https://www.toronto.ca/legdocs/mmis/2024/cc/bgrd/backgroundfile-247883.pdf
Confidential Attachment 1: Acceleration of Gardiner Section 2 and Enhanced Congestion Management Measures

Communications (Committee)

(July 16, 2024) Submission from Ingrid Buday, No More Noise Toronto (EX.New)
https://www.toronto.ca/legdocs/mmis/2024/ex/comm/communicationfile-182107.pdf

Motions (City Council)

1a - Motion to Amend Item (Additional) moved by Councillor Brad Bradford (Carried)

That City Council adopt the following recommendations in the supplementary report (June 24, 2024) from the Chief Engineer and Executive Director, Engineering and Construction Services, the Chief Procurement Officer, Purchasing and Materials Management, and the General Manager, Transportation Services [EX16.1a]:

 

1. City Council authorize the Chief Engineer and Executive Director, Engineering and Construction Services to negotiate with Grascan Construction Limited for acceleration of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue, Contract Number 22ECS-BE-01GE to an upset limit identified in Confidential Attachment 1, including fixed costs and incentive (the "Acceleration Payment") and enter into any amending agreements in a form satisfactory to the City Solicitor.

 

2. City Council authorize the General Manager, Transportation Services and the Chief Engineer and Executive Director, Engineering and Construction Services to enact congestion management measures associated with the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue, Contract Number 22ECS-BE-01GE by retaining resources and negotiating and entering into agreements or amending agreements as necessary to an upset limit identified in Confidential Attachment 1.

 

3. City Council adopt the confidential instructions to staff in Confidential Attachment 1.

 

4. City Council authorize the public release of Confidential Attachment 1 following the completion of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue, Contract Number 22ECS-BE-01GE.

Vote (Amend Item (Additional)) Jul-24-2024 4:04 PM

Result: Carried Majority Required - EX16.1 - Bradford - motion 1a
Total members that voted Yes: 19 Members that voted Yes are Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Michael Thompson
Total members that voted No: 5 Members that voted No are Paul Ainslie, Paula Fletcher, Chris Moise, Anthony Perruzza, Dianne Saxe
Total members that were Absent: 1 Members that were absent are Shelley Carroll

Vote (Amend Item (Additional)) Jul-24-2024 4:06 PM

Result: Carried Majority Required - EX16.1 - Bradford - motion 1a - Re-vote
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson
Total members that voted No: 1 Members that voted No are Dianne Saxe
Total members that were Absent: 1 Members that were absent are Shelley Carroll

Motion to Reconsider Vote (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote motion 1a by Councillor Brad Bradford.


1b - Motion to Amend Item (Additional) moved by Councillor Brad Bradford (Carried)

That:

 

1. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Procurement Officer, Purchasing and Materials Management to incorporate lessons learned from this acceleration work into the outset of construction planning for subsequent sections of the F.G. Gardiner Expressway Rebuild.
 

2. City Council direct the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Procurement Officer, Purchasing and Materials Management to report back to the Infrastructure and Environment Committee with a congestion management plan for future segments of the F.G Gardiner Expressway before each phase of construction begins.
 

3. City Council request the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Procurement Officer, Purchasing and Materials Management to consider opportunities to accelerate construction of the elevated Expressway from Cherry Street to the Don Valley Parkway (Section 5), including the new on- and off-ramps east of Cherry Street, in order to improve access to the F.G. Gardiner Expressway from the east end.

Vote (Amend Item (Additional)) Jul-24-2024 4:07 PM

Result: Carried Majority Required - EX16.1 - Bradford - motion 1b
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Shelley Carroll

2 - Motion to Amend Item (Additional) moved by Deputy Mayor Ausma Malik (Carried)

That:

 

1. City Council authorize the alteration of the eastbound Gardiner Expressway Spadina Avenue off-ramp to divide the dual eastbound left-turns with temporary concrete barriers, to allow eastbound left-turns from Lake Shore Boulevard West.
 

2. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, to delegate to the General Manager, Transportation Services, the authority to temporarily close to vehicular traffic the eastbound Gardiner Expressway on ramp from Lake Shore Boulevard West/British Columbia Road between July 30, 2024 and December 31, 2027, inclusive, despite Section 937-4 of Chapter 937, as required to improve traffic flow on the eastbound Gardiner Expressway, and City Council exempt the General Manager, Transportation Services, in carrying out this delegated authority from Section 937-5 of Chapter 937, that being the requirement to notify the local Ward Councillor of the pending closure and the requirement to report on the proposed closure if so requested by the local Ward Councillor.
 

3. City Council direct the General Manager, Transportation Services, to report back on the status of traffic mitigation measures at the September 27, 2024, Infrastructure and Environment Committee meeting.  

Vote (Amend Item (Additional)) Jul-24-2024 4:08 PM

Result: Carried Majority Required - EX16.1 - Malik - motion 2
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Shelley Carroll

3 - Motion to Amend Item (Additional) moved by Councillor Stephen Holyday (Lost)

That:

 

1. City Council request the Chief Financial Officer and Treasurer, and the Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services, to ensure that future preliminary design reports on major transportation and road work projects contain an analysis of the projected costs of the project versus the potential impacts of congestion arising from construction. 

Vote (Amend Item (Additional)) Jul-24-2024 4:09 PM

Result: Lost Majority Required - EX16.1 - Holyday - motion 3
Total members that voted Yes: 9 Members that voted Yes are Brad Bradford, Jon Burnside, Lily Cheng, Vincent Crisanti, Stephen Holyday, Parthi Kandavel, Nick Mantas, James Pasternak, Anthony Perruzza
Total members that voted No: 15 Members that voted No are Paul Ainslie, Alejandra Bravo, Olivia Chow, Mike Colle, Paula Fletcher, Ausma Malik, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), Gord Perks, Dianne Saxe, Michael Thompson
Total members that were Absent: 1 Members that were absent are Shelley Carroll

4 - Motion to Amend Item (Additional) moved by Councillor Alejandra Bravo (Carried)

That:

 

1. City Council request the Chief Financial Officer and Treasurer, and the Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services, to include safety and traffic congestion as part of the prioritization criteria used by the new construction coordination office.

Vote (Amend Item (Additional)) Jul-24-2024 4:10 PM

Result: Carried Majority Required - EX16.1 - Bravo - motion 4
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Shelley Carroll

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jul-24-2024 4:11 PM

Result: Carried Majority Required - EX16.1 - Adopt the Item as amended
Total members that voted Yes: 24 Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Lily Cheng, Olivia Chow, Mike Colle, Vincent Crisanti, Paula Fletcher, Stephen Holyday, Parthi Kandavel, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Dianne Saxe, Michael Thompson
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Shelley Carroll

Point of Order by Councillor Brad Bradford

Councillor Bradford, rising on a Point of Order, stated that Councillor Bravo’s motion refers to an office that does not seem to exist yet. Councillor Bradford further stated that he would like to know if the motion was in order, as this was the first time City Council has heard of the office.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and requested the Deputy City Manager, Infrastructure Services, to advise City Council about the office in question.

Will Johnston, Deputy City Manager, Infrastructure Services, advised City Council that a Strategic Capital Coordination Office has been set up and that the Integrated Coordination Unit has moved over into this new office.

EX16.1 - Acceleration of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue and Enhanced Congestion Management Measures

Decision Type:
ACTION
Status:
Adopted
Ward:
10 - Spadina - Fort York

Committee Recommendations

The Executive Committee recommends that:  

 

1. City Council receive the report (July 2, 2024) from the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Procurement Officer, Purchasing and Materials Management for information.

Origin

(July 2, 2024) Report from the Chief Engineer and Executive Director, Engineering and Construction Services, the General Manager, Transportation Services and the Chief Procurement Officer, Purchasing and Materials Management

Summary

Further to City Council's previous consideration in June 2024 (CC19.2)  the Chief Engineer and Executive Director, Engineering and Construction Services, General Manager, Transportation Services, and the Chief Procurement Officer will be submitting a report as soon as more information is available that provides an update on the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue, Contract Number 22ECS-BE-01GE (the "Gardiner Section 2 Contract") including the results of the industry expert workshops held on June 11 and 12, 2024, as well as negotiations with the current contractor, on a plan that includes tangible, implementable measures to advance construction acceleration and enhanced congestion management measures.

Background Information

(July 2, 2024) Report from the Chief Engineer and Executive Director, Engineering and Construction Services, General Manager, Transportation Services, and Chief Procurement Officer, Purchasing and Materials Management on Acceleration of the State of Good Repair Design-Build Contract for the F.G. Gardiner Expressway Rehabilitation Section 2 - Dufferin Street to Strachan Avenue and Enhanced Congestion Management Measures
https://www.toronto.ca/legdocs/mmis/2024/ex/bgrd/backgroundfile-247596.pdf

Communications

(July 16, 2024) Submission from Ingrid Buday, No More Noise Toronto (EX.New)
https://www.toronto.ca/legdocs/mmis/2024/ex/comm/communicationfile-182107.pdf

Motions

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