Item - 2017.PW22.2
Tracking Status
- City Council adopted this item on July 4, 2017 without amendments and without debate.
- This item was considered by the Public Works and Infrastructure Committee on June 8, 2017 and adopted without amendment. It will be considered by City Council on July 4, 2017.
PW22.2 - Settlement of Claim - Contract 09FS-70WS - 900 mm and 750 mm Watermains on Avenue Road from High Level Pumping Station to Caribou Road and 400 mm Watermain on Avenue Road from MacPherson Avenue to Poplar Plains Crescent
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Wards:
- 16 - Eglinton-Lawrence, 22 - St. Paul's
City Council Decision
City Council on July 4, 5, 6 and 7, 2017, adopted the following:
1. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.
2. City Council authorize staff to enter into Minutes of Settlement and to pay any sums due thereunder, in accordance with the confidential instructions to staff contained in Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.
3. City Council authorize the appropriate City staff to execute any documentation necessary to implement Council's decision.
4. City Council direct that the confidential instructions to staff contained in Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor be made public upon the conclusion of the settlement, and City Council direct that the balance of Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor remain confidential, as it contains advice which is subject to solicitor-client privilege.
Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor remains confidential in its entirety at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice which is subject to solicitor-client privilege and it pertains to litigation or potential litigation that affects the City. The confidential instructions to staff contained in Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor will be made public upon the conclusion of the settlement.
Confidential Attachment - Litigation or potential litigation that affects the City and also contains advice or communications that are subject to solicitor-client privilege
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2017/pw/bgrd/backgroundfile-104582.pdf
Confidential Attachment 1 - Confidential Information
PW22.2 - Settlement of Claim - Contract 09FS-70WS - 900 mm and 750 mm Watermains on Avenue Road from High Level Pumping Station to Caribou Road and 400 mm Watermain on Avenue Road from MacPherson Avenue to Poplar Plains Crescent
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- 16 - Eglinton-Lawrence, 22 - St. Paul's
Confidential Attachment - Litigation or potential litigation that affects the City and also contains advice or communications that are subject to solicitor-client privilege
Committee Recommendations
The Public Works and Infrastructure Committee recommends that:
1. City Council adopt the confidential instructions to staff contained in Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.
2. City Council grant authority to enter into Minutes of Settlement and to pay any sums due thereunder, in accordance with the confidential instructions to staff contained in Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.
3. City Council authorize the appropriate City staff to execute any documentation necessary to implement the recommendations set out in the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor.
4. City Council direct that the confidential instructions to staff contained in Confidential Attachment 1 to the report (May 29, 2017) from the Chief Engineer and Executive Director, Engineering and Construction Services and the City Solicitor be made public upon concluding the recommended settlement, and that the balance of Confidential Attachment 1 remain confidential, as it contains advice which is subject to solicitor-client privilege.
Origin
Summary
The purpose of this report is to request authority to enter into a settlement with Drainstar Contracting Ltd. ("Drainstar") for claims arising from watermain work under the said Contract No. 09FS-70WS.
Background Information
https://www.toronto.ca/legdocs/mmis/2017/pw/bgrd/backgroundfile-104582.pdf
Confidential Attachment 1 - Confidential Information