Item - 2014.EX44.30

Tracking Status

  • City Council adopted this item on August 25, 2014 without amendments and without debate.
  • This item was considered by the Executive Committee on August 20, 2014 and adopted without amendment. It will be considered by City Council on August 25, 2014.

EX44.30 - Suspension of Pave-1 Construction Limited (an affiliate of previously suspended IPAC Paving Limited) from being Awarded or Granted City Contracts; bypassing the Lowest Bidder on Tender Call 202-2014; and Amendment of Contract 47017945

Decision Type:
ACTION
Status:
Adopted on Consent
Wards:
All

City Council Decision

City Council on August 25, 26, 27 and 28, 2014, adopted the following:

 

1.         City Council suspend Pave-1 Construction Limited, and any legal entity affiliated with or of the same operating mind as that of Pave-1 Construction Limited, IPAC Paving Limited, Roadmill Construction Incorporated or Sebastian Corbo, as determined by the Director, Purchasing and Materials Management in consultation with the City Solicitor, from being awarded or granted any future City contracts, or otherwise profiting from any City contracts.

 

2.         City Council bypass the lowest bidder, Pave-1 Construction Limited, and award a contract to C. Valley Paving Limited., being the second lowest bidder meeting specifications of Tender 202-2014, for the restoration to roads, sidewalks and landscaping in various locations within the Etobicoke York and North York Districts in the amount of $1,741,350.00 net of all taxes ($1,771,997.76 net of HST Recoveries).

 

3.         City Council amend Contract No. 47017945 (Tender 256-2013) for the restoration to roads, sidewalks and landscaping in various locations within the Etobicoke York and North York Districts, with D & A Road Services Incorporated. by an additional amount of $500,000.00 net of all taxes ($508,800.00 net of HST recoveries) revising the current contract value from $989,600.00 to $1,489,600.00 net of all taxes ($1,515,816.96 net of HST recoveries) and extend the contract validity from November 4, 2014 to December 31, 2014.

Background Information (Committee)

(August 6, 2014) Report from the Acting Director, Purchasing and Materials Management, and the General Manager, Toronto Water on Suspension of Pave-1 Construction Limited (an affiliate of previously suspended IPAC Paving Limited) from being Awarded or Granted City Contracts; Bypassing the Lowest Bidder on Tender Call 202-2014; and Amendment of Contract 47017945
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-72652.pdf
(July 31, 2014) Appendix A - Corporate Profile Report for Pave-1 Construction Limited
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-72653.pdf
(July 31, 2014) Appendix B - Corporate Profile Report for IPAC Paving Limited
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-72654.pdf

Communications (Committee)

(August 18, 2014) E-mail from Mark E. Geiger (EX.New.EX44.30.1)
https://www.toronto.ca/legdocs/mmis/2014/ex/comm/communicationfile-49505.pdf
(August 19, 2014) E-mail from Mark E. Geiger (EX.New.EX44.30.2)
https://www.toronto.ca/legdocs/mmis/2014/ex/comm/communicationfile-49506.pdf

EX44.30 - Suspension of Pave-1 Construction Limited (an affiliate of previously suspended IPAC Paving Limited) from being Awarded or Granted City Contracts; bypassing the Lowest Bidder on Tender Call 202-2014; and Amendment of Contract 47017945

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council suspend Pave-1 Construction Limited, and any legal entity affiliated with or of the same operating mind as that of Pave-1 Construction Limited, IPAC Paving Limited, Roadmill Construction Incorporated or Sebastian Corbo, as determined by the Director, Purchasing and Materials Management in consultation with the City Solicitor, from being awarded or granted any future City contracts, or otherwise profiting from any City contracts.

 

2.         City Council bypass the lowest bidder, Pave-1 Construction Limited, and award a contract to C. Valley Paving Limited., being the second lowest bidder meeting specifications of Tender 202-2014, for the restoration to roads, sidewalks and landscaping in various locations within the Etobicoke York and North York Districts in the amount of $1,741,350.00 net of all taxes ($1,771,997.76 net of HST Recoveries).

 

3.         City Council amend Contract No. 47017945 (Tender 256-2013) for the restoration to roads, sidewalks and landscaping in various locations within the Etobicoke York and North York Districts, with D & A Road Services Incorporated. by an additional amount of $500,000.00 net of all taxes ($508,800.00 net of HST recoveries) revising the current contract value from $989,600.00 to $1,489,600.00 net of all taxes ($1,515,816.96 net of HST recoveries) and extend the contract validity from November 4, 2014 to December 31, 2014.

Origin

(August 6, 2014) Report from the Acting Director, Purchasing and Materials Management, and the General Manager, Toronto Water

Summary

The purpose of this report is to recommend that Council suspend Pave-1 Construction Limited ("Pave-1") from being awarded future City contracts due to its affiliation with previously suspended contractor IPAC Paving Limited ("IPAC"); bypass Pave-1 in relation to Tender 202-2014; and extend an existing contract to prevent the interruption of City services.  The report is being submitted to the Executive Committee for consideration to allow for public notice, as some elements of the report were not finalized prior to the publication of the Public Works and Infrastructure Committee agenda.

Background Information

(August 6, 2014) Report from the Acting Director, Purchasing and Materials Management, and the General Manager, Toronto Water on Suspension of Pave-1 Construction Limited (an affiliate of previously suspended IPAC Paving Limited) from being Awarded or Granted City Contracts; Bypassing the Lowest Bidder on Tender Call 202-2014; and Amendment of Contract 47017945
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-72652.pdf
(July 31, 2014) Appendix A - Corporate Profile Report for Pave-1 Construction Limited
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-72653.pdf
(July 31, 2014) Appendix B - Corporate Profile Report for IPAC Paving Limited
https://www.toronto.ca/legdocs/mmis/2014/ex/bgrd/backgroundfile-72654.pdf

Communications

(August 18, 2014) E-mail from Mark E. Geiger (EX.New.EX44.30.1)
https://www.toronto.ca/legdocs/mmis/2014/ex/comm/communicationfile-49505.pdf
(August 19, 2014) E-mail from Mark E. Geiger (EX.New.EX44.30.2)
https://www.toronto.ca/legdocs/mmis/2014/ex/comm/communicationfile-49506.pdf

Speakers

Mark Geiger, Blaney McMurtry, Barristers and Solicitors LLP
John Corbo, President and Owner, Pave 1 Construction Limited and IPAC Paving Limited
Councillor Shelley Carroll

Motions

1 - Motion to Adopt Item moved by Councillor Denzil Minnan-Wong (Carried)
Source: Toronto City Clerk at www.toronto.ca/council