TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on October 28, 29 and 30, 1998

WORKS AND UTILITIES COMMITTEE

REPORT No. 9

1Ontario Sewer and Watermain Construction Association - Healthy Communities Resolution

2Biosolids Beneficial Reuse Program -Main Treatment Plant

3Installation of Four Sludge Dewatering Centrifuge at the Main Treatment Plant - Contract No. MW9803WP (Ward: East Toronto)

4Construction of Anaerobic Digestion Tanks Nos. 19 to 22 at the Main Treatment Plant -Additional Expenditures for Extra Work -Contract No. WPC-6-97

5Downspout Disconnection Program Contract No. 58518 (City-Wide)

6Contract No. NY9825RD - Road Reconstruction, Including Storm Sewer, Sanitary Sewer and Watermain, on Sunfield Road and Wycombe Road - Zoning Amendment Application No. UDZ-96-31 - Villages of Downsview, Black Creek (Ward 7)

7Other Items Considered by the Committee

City of Toronto

REPORT No. 9

OF THE WORKS AND UTILITIES COMMITTEE

(from its meeting on October 7, 1998,

submitted by Councillor Betty Disero, Chair)

As Considered by

The Council of the City of Toronto

on October 28, 29 and 30, 1998

1

Ontario Sewer and Watermain Construction

Association - Healthy Communities Resolution

(City Council on October 28, 29 and 30, 1998, adopted this Clause, without amendment.)

The Works and Utilities Committee recommends that City officials be requested to use their best efforts to implement the Healthy Communities Resolution embodied in the following communication (July 29, 1998) from Mr. Salvatore Morra, Executive Director, Ontario Sewer and Watermain Construction Association:

I am writing to secure your support on an issue of importance to the Ontario Sewer and Watermain Construction Association (OSWCA) and our 700 member companies. We represent the interests of the underground construction industry - the prime contractors and suppliers who build and repair Ontario's core infrastructure - pipes that bring fresh, clean drinking water and the sewers that take away municipal waste.

As you may know, the OSWCA has been advocating for a number of issues of importance to municipalities including the revitalization and maintenance of core infrastructure. Full cost accounting is one such policy. It ensures the full and actual cost of sewer and water services, including capital costs, are paid for by users. General tax revenues, therefore, are not used to subsidize these services.

We believe that a commitment to full cost accounting is the first step towards municipal financial self-sufficiency in the maintenance and replacement of core infrastructure. Under this policy, dedicated reserve funds are established to pay for regular and ongoing infrastructure repair and replacement. To this end, the OSWCA is advocating the adoption of a resolution in support of continued core infrastructure maintenance by municipalities.

By copy of this letter to your Clerk's Department, I am formally requesting that a representative from our Association be permitted to appear as a deputation before Council to make a brief presentation in support of the enclosed resolution.

Given the City of Toronto's leadership position, Mayor Lastman, we are confident that you and your colleagues will support this resolution as a statement of principle and practice for your municipality.

Healthy Communities Resolution

City of Toronto

WHEREAS core infrastructure consists of the water and sewer networks, which deliver clean water to and remove waste water from the residences and businesses of the City of Toronto; and

WHEREAS core infrastructure is the unseen yet essential network which sustains the City of Toronto's health, wealth and viability today and in the future; and

WHEREAS communities that ignore the need for a program of regular repair and replacement can expect the serious deterioration of their core infrastructure and the resultant negative economic impact on their communities;

THEREFORE BE IT RESOLVED THAT the City of Toronto supports positive action to ensure its future health, safety and economic viability;

AND FURTHER THAT the City of Toronto supports the establishment of a sewer and watermain reserve account and the implementation of an ongoing sewer and watermain infrastructure maintenance and replacement program;

AND FURTHER THAT the City of Toronto subscribes to the principle of full cost accounting for sewer and watermain services and, more specifically, that taxpayers' money not be used to subsidize maintenance and replacement of sewer and watermain services.

Dated this day of 1998.

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Mr. Salvatore Morra, Executive Director, Ontario Sewer and Watermain Construction Association, appeared before the Works and Utilities Committee in connection with the foregoing matter, and submitted material with respect thereto.

2

Biosolids Beneficial Reuse Program -

Main Treatment Plant

(City Council on October 28, 29 and 30, 1998, adopted the following recommendation:

"It is recommended that the confidential report dated October 26, 1998, from the Commissioner of Works and Emergency Services, be adopted, such report to remain confidential in accordance with the provisions of the Municipal Act.")

(City Council at its in-camera meeting held on October 29, 1998, also issued confidential instructions to staff, such instructions to remain confidential in accordance with the provisions of the Municipal Act.)

The Works and Utilities Committee reports having directed that:

(1)the communication dated September 28, 1998, from Councillor Betty Disero, Co-Chair, Biosolids Multi-Stakeholder Committee, be submitted to Council, for information;

(2)the Biosolids Multi-Stakeholder Committee be requested to reconsider the issue of alkaline stabilization with the consultant, and to submit a report directly to Council for its meeting on October 28, 1998, on the reasons for this process not being considered; and

(3)the Commissioner of Works and Emergency Services, in consultation with the City Solicitor, be requested to submit a report directly to Council on the legal status of the existing demonstration facilities.

The Works and Utilities Committee further reports having requested the Commissioner of Works and Emergency Services to:

(i)submit a report to the Works and Utilities Committee on the issues identified by the Biosolids Multi-Stakeholder Committee; and

(ii)provide to the Biosolids Multi-Stakeholder Committee the information requested by Ms.Karey Shinn in the communication dated October 2, 1998.

The Works and Utilities Committee submits the following communication (September 28, 1998) from Councillor Betty Disero, Co-Chair, Biosolids Multi-Stakeholder Committee:

On Tuesday, September 22, 1998, the Biosolids Multi-Stakeholder Committee (BMSC) short-listed the following companies and invited them to make proposals for the Main Treatment Plant:

(1)AGRA Biogro;

(2)Berlie Technologies;

(3)Braemar Acres Limited;

(4)Terratec Environmental Ltd.;

(5)Toronto Biosolids Group;

(6)United Water Services Canada LP; and

(7)USF Canada Inc.

The proposals are due to close on November 10, 1998.

The Committee has identified a number of issues which need to be discussed before creation of the criteria to be used for final selection. These are:

(1)chemistry of odours research regarding odour composition - No. (12);

(2)definition of performance, bonding issue - No. (17); and

(3)ecosystem planning approach - No. (23).

The Biosolids Multi-Stakeholder Committee will be having meetings on October 8 and October15, 1998. The attached is a list of other issues which need to be addressed, in some way, by the Works and Utilities Committee.

Thank you.

(Attachment referred to in the foregoing

communication dated September 28, 1998 from

Councillor Betty Disero, Co-Chair, Biosolids Multi-Stakeholder Committee)

Updated, September 24, 1998

________

The Works and Utilities Committee further reports having also had before it during consideration

of the foregoing matter the following communications:

(i)(September 28, 1998) from Mr. Carmen Costa, President and Chief Executive Officer, Harbour Remediation & Transfer Inc., responding to the short list for 100 Percent Biosolids Beneficial Reuse Program, and advising that Harbour Remediation & Transfer Inc. is surprised not to be included therein; and setting out reasons why HR&T should be grandfathered to be on the short list;

(ii)(October 2, 1998) from Ms. Karey Shinn, Co-Chair, Biosolids Multi-Stakeholder Committee, commenting on the Request for Proposals process for the beneficial use of biosolids from the Main Treatment Plant, and the optimum number of contractors; and advising that budget and job information, as outlined therein, is required before the Requests for Proposals are evaluated;

(iii)(October 5, 1998) from Dr. Stephen Connell, Toronto, Ontario, respecting correspondence with the President of Local 79 of the Canadian Union of Public Employees; and forwarding a copy of his response to the concerns raised therein, and a copy of an extract from "Response to Biosolids Questions and Current Public Acceptance Issues" by the Water Environment Federation; and

(iv)(October 5, 1998) from Mr. Tony O'Donohue, President, Environmental Probe Ltd., commenting on the matter of the disposal of sewage sludge from the Main Treatment Plant, and the process leading to a Request for Proposals; and requesting that the Committee defer consideration of this matter to hear deputations with respect thereto.

Councillor Joe Pantalone, Trinity - Niagara, appeared before the Committee in connection with the foregoing matter.

(City Council on October 28, 29 and 30, 1998, had before it, during consideration of the foregoing Clause, the following communications:

(a)(October 7, 1998) from Mr. Tony O'Donohue, Environmental Probe Limited, forwarding suggestions with respect to the disposal of sludge from the Main Sewage Treatment Plant;

(b)(October 14, 1998) from Mr. Moe Zolghadr, C. Eng., Ph.D., QEP, Senior Consultant, Zorix Consultants Inc., regarding the proposed odour control program by Harbour Remediation and Transfer Inc. at the Main Treatment Plant;

(c)(October19,1998) from Ms. Karey Shinn, Co-Chair, The Safe Sewage Committee, regarding the short listing for the Request for Proposal call for the Biosolids Beneficial Use Program at the Main Treatment Plant;

(d)(October 22, 1998 and October 22, 1998) from Ms. Karen Buck, Board Member, Citizens for a Safe Environment, and Member of the Biosolids Multi-Stakeholder Committee and the Independent Review Committee, submitting, with respect to the biosolids beneficial use demonstration projects, a history of Terratec Environmental Limited and Harbour Remediation and Transfer Inc., respectively;

(e)(October 22, 1998) from Ms. Karen Buck, Board Member, Citizens for a Safe Environment, and Member of the Biosolids Multi-Stakeholder Committee and the Independent Review Committee, submitting a history of with respect to the biosolids beneficial use demonstration projects;

(f)(October 23, 1998) from Mr. Steve McMinn, Project Manager, R. V. Anderson Associates Limited, and Mr. Steve Wilson, Brown & Caldwell, submitting, as requested, a report on the Biosolids Beneficial Use Program, Expressions of Interest short list, Alkaline Stabilization and Composting;

(g)(October26,1998 and October 28, 1998) from Mr. Fred Dominelli, President of Operation, Harbour Remediation and Transfer Inc, regarding its contract with the City of Toronto for the Alkaline Biosolids Demonstration Project at the Main Treatment Plant and the RFP Process, respectively;

(h)(October 26, 1998) from Mr. Carmen Costa, President and Chief Executive Officer, Harbour Remediation and Transfer Inc., in response to the communication dated October22,1998 from Ms. Karen Buck regarding the demonstration project of Harbour Remediation and Transfer Inc. at the Main Treatment Plant; and

(i)(October 27, 1998) from Dr. Stephen Connell submitting copies of various correspondence with respect to the beneficial reuse of sewage biosolids.)

(City Council also had before it, during consideration of the foregoing Clause, a confidential report (October 26, 1998) from the City Solicitor, such report to remain confidential in accordance with the provisions of the Municipal Act.)

3

Installation of Four Sludge Dewatering Centrifuges

at the Main Treatment Plant - Contract No. MW9803WP

(Ward: East Toronto)

(City Council on October 28, 29 and 30, 1998, adopted this Clause, without amendment.)

The Works and Utilities Committee recommends the adoption of the joint report dated September 23, 1998, from the Commissioner of Works and Emergency Services and the Chief Financial Officer and Treasurer.

The Works and Utilities Committee reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to submit a report directly to Council for its meeting on October 28, 1998, confirming that due diligence has been completed to ensure that the existing odour control equipment will be able to successfully manage the increased gas processing which will be required due to the installation of the centrifuges.

The Works and Utilities Committee submits the following joint report (September 23, 1998) from the Commissioner of Works and Emergency Services and the Chief Financial Officer and Treasurer:

Purpose:

The purpose of this report is to award Contract No. MW9803WP for installation of four sludge dewatering centrifuges and process related equipment at the Main Treatment Plant in accordance with specifications as required by the Works and Emergency Services Department, and to request the authorization to issue a contract to the recommended bidder.

Funding Sources:

Funds are available in the appropriate account for this project.

Recommendation:

It is recommended that Contract No. MW9803WP for the installation of four sludge dewatering centrifuges and process related equipment at the Main Treatment Plant be awarded to the lowest acceptable base tenderer, W.A. Stephenson Mechanical Contractors Limited, for the Total Lump Sum Price of $4,965,000.00 including all taxes and charges.

Background:

On September 9, 1998, the Bid Committee opened the following tenders for Contract No.MW9803WP for the installation of four sludge dewatering centrifuges and process related equipment at the Main Treatment Plant:

Comments, Discussion and Justification:

The tender submitted by the second lowest tenderer, Ram Mechanical Contractors Limited (Ram), offered five credits totalling an amount of $110,000.00 in potential savings to the tendered Lump Sum Price, which, if accepted wholly by the City, would alter the ranking of the tenderers, making Ram the lowest bidder.

Ram provided, with the tender, minimal information, simply indicating the equipment item, the supplier's name, and the corresponding credit that would be given. The information provided at the time of tender closing was insufficient to perform a proper evaluation on the acceptance of the alternates. In discussions with Ram by staff of the Works and Emergency Services Department, Ram advised that it was their intent to further discuss and provide general information and technical data on the five alternates proposed after tender submission.

The contract specifications require the tenderer to submit detailed information on any proposed equivalent equipment or material together with any price savings at the time of tendering. In the absence of these details, we are unable to evaluate the acceptability of the alternatives in the form submitted. To evaluate and accept Ram's alternatives based on detailed information submitted after the bids are opened would, in effect, give Ram an unfair advantage by providing Ram with the opportunity to make specification changes to the alternatives in order to obtain a favourable recommendation and thereby overtake the otherwise low bidder in full knowledge of its relevant ranking to the other tenderers. Accordingly, it is recommended that Ram's alternatives not be considered so that there will be no impact on the ranking for contract award. The City Solicitor advises that such a course of action would be legally unobjectionable.

Representatives of the Works and Emergency Services Department and our consultants have reviewed the tender submitted by W.A. Stephenson Mechanical Contractors Limited (Stephenson), and discussed the tender with them. Staff of the Department are satisfied that this company fully understands the contractual requirements, and has the capability to carry out the work as specified. Stephenson has successfully carried out work for this Department in the past.

Stephenson has offered a credit alternative of $20,000.00 which does not impact on the ranking of the bidders. Accordingly, the credit will be reviewed in detail following award of contract and if found acceptable will reduce the tendered Lump Sum Price of the contract.

In order to accommodate the existing quantity of sludge treated at the Main Treatment Plant, and to facilitate ongoing maintenance requirements of the dewatering centrifuges, it has been determined that four additional centrifuges are needed, bringing the total installed to 12 machines.

Accordingly, at its meeting of August 13, 1997, by adoption of Clause No. 4 of Report No. 11 of The Environment and Public Space Committee, Metropolitan Council awarded Contract No. WPC-3-97 in the amount of $3,928,610.00 for the supply of four high efficiency sludge dewatering centrifuges. These units have been delivered and are currently in storage awaiting to be installed under this current installation contract. The present Contract No. MW9803WP includes the construction of necessary building modifications, installation of the equipment to be furnished under Contract No. WPC-3-97, and the supply and installation of related sludge pumping, sludge transfer, and auxiliary equipment necessary to achieve the aforementioned sludge dewatering firm capacity.

The Manager, Fair Wage and Labour Trades Office, has reported favourably on the firm recommended.

Conclusion:

This report requests authority to issue a contract for installation of four sludge dewatering centrifuges and related sludge pumping, transfer and auxiliary equipment at the Main Treatment Plant in accordance with specifications to W.A. Stephenson Mechanical Contractors Limited, being the lowest acceptable base tender received.

Contact Name:Contact Name:

Mr. P.A. Bradley, P.Eng. Mr. L.A. Pagano, Director

Senior Project EngineerPurchasing and Materials Management

Technical Services DivisionPhone: (416) 392-7312.

Phone: (416) 392-8251

(City Council on October 28, 29 and 30, 1998, had before it, during consideration of the foregoing Clause, the following report (October 14, 1998) from the General Manager, Water and Wastewater Services :

Purpose:

To confirm that due diligence has been exercised to ensure that the existing odour control equipment at the Main Treatment Plant (MTP) will be able to successfully accommodate treatment of the increased amount of odourous gases generated by four additional centrifuges to be installed under Contract MW9803WP.

Funding Sources, Financial Implications and Impact Statement:

There are no additional financial implications arising from this report.

Recommendation:

It is recommended that this report be received for information.

Council Reference/Background/History:

The Works and Utilities Committee at its meeting on October 7, 1998 had before it a report from the Commissioner of Works and Emergency Services dated September 17, 1998 concerning installation of four sludge dewatering centrifuges at the MTP, Contract MW9803WP, and recommended to Council its adoption.

The Committee also requested the Commissioner of Works and Emergency Services to submit a report directly to Council for its meeting on October 28, 1998, confirming that due diligence has been completed to ensure that the existing odour control equipment will be able to successfully manage the increased gas processing which will be required due to the installation of the centrifuges.

Comments and/or Discussion and/or Justification:

The four new centrifuges are going to be installed in the existing Sludge Dewatering Building presently housing eight operating centrifuges.

The centrifuges are enclosed equipment discharging sludge cake into special chutes and sludge hoppers from which the material is pumped, using concrete type sludge cake pumps, through a system of pipelines to sludge incinerators, and the temporary Sludge Loading Facility serving two beneficial biosolids reuse pilot projects.

The chutes and hoppers are ventilated to maintain them under a negative pressure and prevent odourous gases from escaping to the building and then further to the atmosphere.

The odourous air pulled from the sludge dewatering equipment is forced using electrically driven fans to the existing demister scrubber, and then directed into the intake of the sludge incinerator combustion air blowers. This air serves as sludge combustion air in the incineration process.

The demister scrubber has two cells linked with two fans of 16,000 litres per second (l/s) capacity each.

Presently, with eight centrifuges in operation only, 1,500 l/s of the demister capacity is utilized, leaving 14,500 l/s spare capacity in its one cell and the second cell as a standby. The new four centrifuges will use additional 750 l/s of the demister capacity still leaving ample capacity available (13,750 l/s).

The presently used incinerator capacity is more than sufficient to utilize all the foul air to be generated by the 12 operating centrifuges (2,250 l/s), as well as the foul air pulled from the existing biosolids loading facility (4,100 l/s maximum). In fact this foul air (6,350 l/s in total) could be easily utilized by one operating incinerator.

After complete shut down of the sludge incineration facility and move to 100 percent beneficial utilization of the MTP generated biosolids planned for 2001, another treatment process of the odourous air generated by both the sludge dewatering and loading facilities would have to be introduced to the plant. Terms of reference for such an odour control facility are presently being prepared by the consultant retained to manage the 100 percent biosolids utilization project, for its design and construction by the end of 2000.

Conclusions:

The presently utilized MTP odour control system has sufficient capacity to accommodate four additional centrifuges to be installed in the existing Sludge Dewatering Building under ContractMW9803WP.

Contact Name:

Mr. R. M. Pickett, Director, Water Pollution Control

Telephone (416) 392-8230Fax (416) 397-0908

E-Mail bob_pickett@metrodesk.metrotor.on.ca.)

(City Council also had before it, during consideration of the foregoing Clause, a communication (October 7, 1998) from Mr. Tony O'Donohue, Environmental Probe Limited, forwarding suggestions with respect to the disposal of sludge from the Main Sewage Treatment Plant.)

4

Construction of Anaerobic Digestion Tanks

Nos. 19 to 22 at the Main Treatment Plant -

Additional Expenditures for Extra Work -

Contract No. WPC-6-97

(City Council on October 28, 29 and 30, 1998, adopted this Clause, without amendment.)

The Works and Utilities Committee recommends the adoption of the following report (September 30, 1998) from the Commissioner of Works and Emergency Services:

Purpose:

To obtain Council authority to negotiate and authorize additional expenditures for the performance of necessary additional work on Contract No. WPC-6-97 for the construction of anaerobic digestion tanks Nos. 19 to 22 at the Main Treatment Plant.

Funding Sources:

Funds are available in the approved 1998-2002 Water and Wastewater Services Division, Water Pollution Control Capital Account C-WP160, Main Treatment Plant.

Recommendations:

It is recommended that:

(1)additional expenditures in the amount of $1,078,836.93, including Goods and Services Tax, be authorized for the performance of necessary additional work on Contract No. WPC-6-97 for the construction of anaerobic digestion tanks Nos. 19 to 22 at the Main Treatment Plant in accordance with Appendix A attached; and

(2)the appropriate City officials be authorized to take the necessary action to give effect thereto.

Background:

By adoption of Clause No. 28 of Report No. 12 of The Environment and Public Space Committee, the former Metro Council, at its meeting of September 24, 1997, awarded Contract No. WPC-6-97 for the construction of anaerobic digestion tanks Nos. 19 to 22 at the Main Treatment Plant. The contract was awarded to Granville Constructors Limited for the total lump sum tender price of $29,893,000.00 including GST and a Schedule of Prices allowance of $58,000.00 for additional work if required. The order to commence work was dated November 3, 1997, at which time the contract work began.

At the time of award, in accordance with former Metro By-law No. 146-90, as amended, a Department Head had authority to approve additional expenditures on a commitment in accordance with the By-law up to an amount equal to ten percent of the commitment. As such under the former Metro By-law, a further $2,989,300.00, or ten percent of the awarded contract amount, would have been available for required extra work.

At its meeting of January 6, 1998, City of Toronto Council enacted By-law No. 7-1998, Interim Financial Control By-law, which repealed former Metro By-law No. 146-90. As the new By-law contains no provision to exceed the awarded contract value, as confirmed by the City's Legal Division, the Department has effectively lost its ability to authorize the unforeseen and necessary additional work that may arise during construction of capital projects. This is particularly problematic given that the majority of capital construction performed by this Department is tendered on a firm, lump sum basis. For contracts recently tendered, since confirmation of the repeal of former Metro By-law No. 146-90, we have been providing, on an interim basis, a general contingency allowance for possible extra work into the Schedule of Prices for Alterations, Extras, and Deductions for incorporation into the total lump sum tender price. In the case of Contract No.WPC-6-97, however, no such general contingency was added, as we believed it was still available through former Metro By-law No.146-90.

We have been advised by the City's Finance Department that they will be forwarding a report sometime in the month of October 1998 recommending a reinstatement of authorities and responsibilities to Department Heads with respect to authorizing additional expenditures on City Council approved and authorized funding commitments.

Comments and Justification:

Since the commencement of Contract No. WPC-6-97, issues have been identified as necessitating the performance of extra work. In some cases, additional information and unexpected circumstances have arisen during construction which have necessitated changes to the original tendered scope of work. For example, unforeseen soil conditions encountered during construction have resulted in the handling and disposal of large buried concrete rubble. To ensure continuity with respect to liability and warranty issues under the contract, these changes must be implemented by the issuance of extra work orders. In other cases, staff of the Department and/or our consultants have identified changes to the design of the original contract which are now advisable to be performed to conform to changed regulatory code requirements or operating procedures, and which should be implemented to ensure construction of the best possible finished product. For instance, changes are proposed to the raw sludge distribution valving and control systems to be constructed in existing anaerobic digestion tanks Nos. 5 to 12. The changes to instrumentation and control of these 30 to 40-year old digesters are required to provide intrinsically safe process operation to ensure conformance with the digester gas code and the safety of operating and maintenance personnel. These changes will also assist in accommodating recent Main Treatment Plant staff reductions. Again, for the same aforementioned reasons of liabilities and warranty issues, these changes are required to be performed under the contract by the issuance of extra work orders.

The additional expenditures required for extra work in the amount of $1,078,836.93 including GST on Contract No. WPC-6-97 are summarized in Appendix A attached.

Contact Name:

Mr. P.A. Bradley, P.Eng.

Senior Project Engineer, Technical Services Division

Phone: (416) 392-8251.

APPENDIX "A"

Request for Authorization of Additional Expenditures

Contract No. WPC-6-97 - Construction of

Anaerobic Digestion Tanks Nos. 19-22 at the Main Treatment Plant

5

Downspout Disconnection Program

Contract No. 58518 (City-Wide)

(City Council on October 28, 29 and 30, 1998, adopted this Clause, without amendment.)

The Works and Utilities Committee recommends the adoption of the following report (September 29, 1998) from the Commissioner of Works and Emergency Services:

Purpose:

That the final contract amount of $510,417.13 for Contract No. 58518 be approved.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that the final contract amount of $510,471.13 for Contract No. 58518 be approved.

Council Reference/Background/History:

Contract No. 58518 for the disconnection of downspout and installation of rain barrels was awarded by the Tender Committee on April 2, 1997, to Avenue Road Roofing Limited in the amount of$434,800.00.

Comments and/or Discussion and/or Justification:

To accommodate a backlog and ongoing requests for downspout disconnection, the contract that was scheduled for completion on May 29, 1998, was extended until the next contract commenced in August. There was a delay in the commencement of the next contract because of a review of the Downspout Disconnection Program by the Budget Committee. The next contract could not be tendered until the continuation of the program was confirmed.

Conclusions:

The contract that commenced in April was extended to July 24, 1998, with a final contract amount of $510,471.13, the overrun being $75,671.13. This contract cost can be accommodated in Downspout Disconnection Account No. 4031-39380-5042.

Contact Name and Telephone Number:

Eleanor McAteer, Environmental Services Section

Works and Emergency Services, Toronto Community Council Area

Phone: (416) 392-7763; Fax: (416) 392-1456; E-mail: "emcateer@city.toronto.on.ca".

6

Contract No. NY9825RD -

Road Reconstruction, Including Storm Sewer, Sanitary Sewer

and Watermain, on Sunfield Road and Wycombe Road -

Zoning Amendment Application No. UDZ-96-31 -

Villages of Downsview, Black Creek (Ward 7)

(City Council on October 28, 29 and 30, 1998, adopted this Clause, without amendment.)

The Works and Utilities Committee reports having awarded the contract as recommended in the following joint report (September 21, 1998) from the Commissioner of Works and Emergency Services and the Chief Financial Officer and Treasurer, in accordance with By-law No. 57-1998, the Interim Purchasing By-law, as amended; and having directed that:

(1)the appropriate City officials be authorized and directed to issue the necessary permits immediately; and

(2)this report be forwarded to the next meeting of Council for information:

Purpose:

The purpose of this report is to advise the results of the Tender for the construction of:

Section 'A' and 'B'-reconstruction of 8.5m asphalt pavement with base curb, including storm sewer, sanitary sewer and watermain on Sunfield Road from 130m north of Wycombe Road to 65m south of Wycombe Road and on easements on Norman Wesley Way; and

Section 'C'-reconstruction of 8.5m asphalt pavement with base curb, including storm sewer, sanitary sewer and watermain on Wycombe Road from Keele Street to Sunfield Road.

in accordance with specifications as required by the Works and Emergency Services Department and to request the authority to issue the Contract to the recommended bidder.

Funding Sources, Financial Implications and Impact Statement:

Funding for this work is from securities deposited by the owner for Zoning Amendment Application No. UDZ-96-31.

Recommendations:

It is recommended that:

(1)Contract No. NY9825RD for the works as described above be awarded to the lowest bidder, F.C.M. Construction Limited, in the amount of $1,269,271.45 including taxes and charges;

(2)the appropriate City officials be authorized and directed to take the necessary action to give effect thereto; and

(3)This report be forwarded to the next meeting of Council for information.

Background:

Zoning Amendment Application No. UDZ-96-31 encompasses the rezoning of lands surrounding Sunfield Road from Sheppard Avenue West to 65m south of Wycombe Road, and Wycombe Road from Keele Street to Sunfield Road. The application received approval by the Ontario Municipal Board on January 16, 1998.

As part of the conditions of the application, the development owner is to pay for the replacement of all public works including the road, sanitary and storm sewers, watermain and sidewalks servicing the development. Tenders have therefore been called for these required works, and the Bid Committee, at its meeting held September 16, 1998, opened the following Tenders for Contract No.NY9825RD for the subject works:

Price Complete -Adjusted Price Complete

Including All ChargesIncluding All Charges

Tendererand Taxes as Opened and Taxes

F.C.M. Construction Ltd.$1,269,271.45

Wasero Construction (1991) Ltd.1,270,498.74$1,296,788.64

Elmford Construction Co., Ltd.1,320,303.50

Comer Construction1,896,385.61

Comments:

In accordance with the development agreement registered on December 12, 1997, the City shall invoice the development owner for the contract progress payments. The owner has the option to reimburse the City or direct the City to draw on the securities deposited. The City has the right to draw on the Securities at its sole discretion.

The Tender Documents submitted by the recommended bidder have been reviewed by the Commissioner of Works and Emergency Services and were found to be in conformance with the Tender requirements. The Commissioner of Works and Emergency Services concurs with the recommendation made.

Conclusion:

This report requests authority to issue a Contract for the above works in Ward 7 - Black Creek in accordance with specifications, to F.C.M. Construction Limited at the Tender Price being the lowest Tender received.

Contact Name:Contact Name:

R. Bedrosyan, P. Eng.Lou Pagano, Director

Chief Development EngineerPurchasing and Materials Management

Phone: (416) 395-6307Phone: (416) 392-7312

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The Works and Utilities Committee further reports having also had before it during consideration of the foregoing matter the following communications:

(i)(October 1, 1998) from Mr. Tom Baskerville, COSCORP Inc., respecting the award of Contract No. NY9825RD for road reconstruction with regard to the Villages of Downsview project; advising that any time lost during the early part of the fall cannot be made up in the winter, and that it is imperative that the works begin immediately to ensure that the asphalt is restored and the roads reopened before the asphalt plants close for the winter; and requesting the Committee to instruct staff that the works be permitted to proceed immediately upon the City's award of the contract by the Committee; and

(ii)(October 7, 1998) from Councillor Maria Augimeri, Black Creek, requesting that Recommendation No. (2) of the joint report dated September 21, 1998, from the Commissioner of Works and Emergency Services and the Chief Financial Officer and Treasurer be amended to read as follows:

"(2)the appropriate City officials be authorized and directed to issue the necessary permits immediately;".

7

Other Items Considered by the Committee

(City Council on October 28, 29 and 30, 1998, received this Clause, for information.)

(a)Humber Sanitary Trunk Sewer - Berry Road

Overflow Chamber - Sewer Odours (Ward 2).

The Works and Utilities Committee reports having:

(1)received the following report dated September 17, 1998, from the Commissioner of Works and Emergency Services; and

(2)recommended to the Budget Committee that the capital project to remove the gases and odours emanating into the surrounding neighbourhood from the Berry Road Overflow Chamber, at a cost of approximately $600,000.00, be a high priority item in the 1999 Water and Wastewater Services Capital Budget:

(i)(July 20, 1998) from Councillor Irene Jones, Lakeshore - Queensway, forwarding a copy of a communication addressed to the Commissioner of Works and Emergency Services concerning the Berry Road Overflow Chamber of the Humber Treatment Plant, and concerns raised by residents with respect to strong odour and gases coming from the plant.

(ii)(September 17, 1998) from the Commissioner of Works and Emergency Services providing information concerning actions which have been undertaken by the Works and Emergency Services Department to address the odour problem related to the Humber Sanitary Trunk Sewer Overflow Chamber located at Berry Road and Stephen Drive; outlining a plan comprised of two schemes to address the odour problem, the first to include installation of the gas tight flap gate on the chamber's outlet, and the second involving permanent sealing of the chamber's overflow port and implementation of the necessary upgrades to the Humber Treatment Plant; advising that the Department is committed to completing the first scheme's scope of work as soon as possible and then test its effectiveness, and that if the first scheme solution is proved insufficient to positively eliminate the odours, the second scheme would have to be embarked on immediately; noting that the necessary funds for the upgrades were included in the 1999 preliminary Water and Wastewater Services Capital Program submission; and recommending that this report be received for information.

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The following persons appeared before the Works and Utilities Committee in connection with the foregoing matter:

-Mr. Garry J. Kapitan, resident of Stephen Drive, Etobicoke;

-Ms. Janine Cavin, resident of Stephen Drive, Etobicoke;

-Mr. Bill Turner, resident of Stonegate Road, Etobicoke;

-Ms. Karey Shinn, Chair, Safe Sewage Committee, and submitted a communication with respect thereto;

-Councillor Irene Jones, Lakeshore - Queensway; and

-Councillor Blake F. Kinahan, Lakeshore - Queensway.

(b)Establishment of Heritage Reserve Fund

for R.C. Harris Filtration Plant (Ward 13).

The Works and Utilities Committee reports that the following report was withdrawn at the request of the Commissioner of Works and Emergency Services:

(September 22, 1998) from the Commissioner of Works and Emergency Services respecting the solicitation of donations from film companies who film at the R.C. Harris Filtration Plant, to be used exclusively for heritage restoration at the plant; and recommending that:

(1)an R.C. Harris Heritage Reserve Fund be established through donations from film companies; and

(2)the City Solicitor and the Chief Financial Officer and Treasurer be authorised to introduce the necessary by-law to give effect thereto.

(c)Compliance Program with Monetary Concession -

Nestlé Canada Inc. (Ward 9).

The Works and Utilities Committee reports having:

(1)deferred consideration of the following report until its next meeting, scheduled to be held on November 4, 1998;

(2)requested the City Solicitor to report to the Committee on any legal implications regarding this matter;

(3)requested the Commissioner of Works and Emergency Services to submit a further detailed report to the Committee on Nestlé's capital spending plans with regard to the project; and

(4)requested the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Works and Emergency Services to submit a joint report to the Committee on the use of this program to further the development of the food processing industry, so as to reduce excessive sewage loading while at the same time enhancing the industry in the City:

(September 22, 1998) from the Commissioner of Works and Emergency Services recommending that:

(1)a Compliance Program with Monetary Concession be granted to Nestlé Canada Inc. as described therein, to allow for payment of their reassessed surcharge less 50percent of the increase for 1998, subject to the company's investment of the avoided surcharge payment in the 1998 Phase 1 activities; and

(2)if the waste loading is not reduced by 50 percent after 1998 Phase 1 is completed, the remaining Phase 1, plus Phase 2 and Phase 3 be implemented to achieve this reduction and staff be authorized to continue the monetary concession to Nestlé Canada Inc. for the remaining Phase 1 activities in 1999, Phase 2 in 1999, and Phase3 in 2000, if required, to reduce the waste loading by 50 percent.

(d)Water Service Charges for 118R Clinton Street -

Newly Severed Lot.

The Works and Utilities Committee reports having referred the following communication to the Commissioner of Works and Emergency Services for a report thereon to the Committee:

(September 2, 1998) from Councillor Mario Silva, Trinity - Niagara, forwarding correspondence from a constituent, Ms. Astra Burka, with respect to water service charges for a newly severed lot at 118 Rear Clinton Street; and requesting the Committee's assistance in obtaining a staff report to the Committee and City Council on the provision of cost relief in the aforementioned matter.

(e)Sewage Impost Charges for 761-775 Richmond

Street West - New Townhouses.

The Works and Utilities Committee reports having referred the following communication to the Commissioner of Works and Emergency Services for a report thereon to the Committee:

(September 2, 1998) from Councillor Mario Silva, Trinity - Niagara, forwarding correspondence from constituents regarding sewage impost charges for new townhouses at 761-775 Richmond Street West that were levied after possession of the townhouses had taken place; and requesting the Committee's assistance in obtaining a staff report to the Committee and City Council on the provision of cost relief in the aforementioned matter.

(f)Biosolids Truck Loading Facility.

The Works and Utilities Committee reports having received the following confidential report:

(September 28, 1998) from the City Solicitor respecting a legal matter related to the biosolids truck loading facility at the Main Treatment Plant.

(g)Differential Between Transfer Station and

Landfill Tipping Fees.

The Works and Utilities Committee reports having referred the following communications to the Commissioner of Works and Emergency Services for a report to the Committee on the impacts of the collapse of the differential between transfer station and landfill tipping fees, and the implications to the waste management private sector industry:

(i)(October6, 1998) from Ms. Linda Lynch, Environment Watch Inc., on behalf of Harkow Recycling Ltd., respecting the issue of the differential between transfer station and landfill tipping fees; advising that the independent business operator in the transfer/processing/recycling sector has been severely impacted through the erosion of the differential; and requesting the Committee to create a mechanism whereby staff could report back to the Committee on the issues.

(ii)(October 6, 1998) from Mr. John R. Bray, Executive Director, Ontario Waste Management Association, respecting the specific differential maintained between the transfer station and landfill tipping fees which reflects the cost of operating a recycling facility and which has traditionally been pegged at $20.00; advising that with the transfer station tipping fee changes which went into effect on June 1, 1998, and the landfill tipping fee due to take effect on December 1, 1998, the differential has fallen to $15.00, and is about to fall to $10.00 in December, which removes any possibility of multi-material recyclers being able to continue operating and lessens any incentive to recycle; and urging that the differential between transfer station and landfill tipping fees be maintained at a minimum of $20.00.

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The following persons appeared before the Works and Utilities Committee in connection with the foregoing matter:

-Ms. Linda Lynch, Environment Watch Inc., and Mr. John Harris, Harkow Recycling Ltd.; and

-Ms. Nancy Porteous-Koehle, Canadian Waste Services Inc.

(h)Works Best Practices Program.

The Works and Utilities Committee reports having directed that:

(1)the following communication be forwarded to Council for consideration with Clause No. 1 of Report No. 20 of The Strategic Policies and Priorities Committee, headed "Business Case Review of the 'Works Best Practices Program'", at its meeting on October 28, 1998; and

(2)Locals 416 and 79 of the Canadian Union of Public Employees be requested to indicate in writing their concerns on the matter:

(October5, 1998) from Councillor Olivia Chow, Downtown, respecting the matter of the Works Best Practices Program which was before City Council at its meeting on October 1 and 2, 1998 (Clause No. 14 of Report No. 18 of The Strategic Policies and Priorities Committee), and which was deferred to the meeting of Council scheduled to be held on October 28, 1998; and recommending that:

(1)City Council establish a work group to address the Works Best Practices Program, especially as it relates to restructuring;

(2)the Work Group report to the Works and Utilities Committee with recommendations that enhance co-operation between the staff and management to ensure that the delivery of high level services to the public is maintained;

(3)the Work Group be comprised of two representatives of management, two representatives of Local 416 and two Councillors; and

(4)Councillors Gerry Altobello and Jack Layton be appointed to such Work Group.

(i)Communication Strategy for Wine and Spirit Containers.

The Works and Utilities Committee reports having:

(1) received the following confidential report; and

(2)issued instructions to staff, such instructions to remain confidential in accordance with the provisions of the Municipal Act:

(October 6, 1998) from the General Manager, Solid Waste Management Services, respecting a communication strategy in relation to the by-law for the return of wine and spirit containers.

(j)Presentation by Dr. David Suzuki on

Health Effects of Air Pollution and Climate Change

The Works and Utilities Committee reports that, subsequent to the meeting of the Committee, Dr. David Suzuki introduced to Councillors a new study of the health effects of air pollution and climate change being released by the David Suzuki Foundation, entitled "Taking Our Breath Away"; and, together with two of the authors of the report, Dr. David Pengelly and Dr. Konia Trouton, and Mr. James Fulton, Executive Director of the Foundation, gave a presentation on the results of the study and responded to questions with respect thereto.

Respectfully submitted,

BETTY DISERO,

Chair

Toronto, October 7, 1998

(Report No. 9 of The Works and Utilities Committee, including additions thereto, was adopted, as amended, by City Council on October 28, 29 and 30, 1998.)