Item - 2021.IE23.8
Tracking Status
- City Council adopted this item on July 14, 15 and 16, 2021 without amendments and without debate.
- This item was considered by the Infrastructure and Environment Committee on July 5, 2021 and adopted without amendment. It will be considered by City Council on July 14, 15 and 16, 2021.
IE23.8 - Proposed Resolution of Contractor Claims for Waterproofing and Building Envelope Rehabilitation at the St. Clair Reservoir, Contract 15ECS-MI-01WA
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 12 - Toronto - St. Paul's
City Council Decision
City Council on July 14, 15 and 16, 2021, adopted the following:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 18, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services.
2. City Council direct that Confidential Attachment 1 to the report (June 18, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege and it pertains to litigation or potential litigation.
3. City Council authorize the reallocation of cashflows within Toronto Water’s approved 2021 Capital Budget and 2022-2030 Capital Plan for acceleration and deferral of projects, as presented in Confidential Attachment 1 to the report (June 18, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, with a zero Budget impact.
Confidential Attachment 1 to the report (June 18, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and it pertains to litigation or potential litigation.
Confidential Attachment - This report is about litigation or potential litigation that affects the City of Toronto. The attachment to this report contains advice or communications that are subject to solicitor-client privilege and litigation privilege.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2021/ie/bgrd/backgroundfile-168530.pdf
Confidential Attachment 1
IE23.8 - Proposed Resolution of Contractor Claims for Waterproofing and Building Envelope Rehabilitation at the St. Clair Reservoir, Contract 15ECS-MI-01WA
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 12 - Toronto - St. Paul's
Confidential Attachment - This report is about litigation or potential litigation that affects the City of Toronto. The attachment to this report contains advice or communications that are subject to solicitor-client privilege and litigation privilege.
Committee Recommendations
The Infrastructure and Environment Committee recommends that:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (June 18, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services.
2. City Council direct that Confidential Attachment 1 to the report (June 18, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege and it pertains to litigation or potential litigation.
3. City Council authorize the reallocation of cashflows within Toronto Water’s approved 2021 Capital Budget and 2022-2030 Capital Plan for acceleration and deferral of projects, as presented in Confidential Attachment 1 to the report (June 18, 2021) from the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services, with a zero Budget impact.
Origin
Summary
The City contracted with Bennett Mechanical Installations (2001) Limited ("Bennett"), to provide construction and related services for the waterproofing and building envelope rehabilitation at the St. Clair Reservoir (the "Project") pursuant to Contract 15ECS-MI-01WA (the "Contract"). The Contract was awarded May 16, 2016.
The Project commenced on June 15, 2016, and was scheduled to be completed on February 6, 2019. Issues arose on the Project which caused delay. The City extended the Contract completion date to November 15, 2019. The Project was completed on November 29, 2019.
Confidential Attachment 1 contains legal advice from the City Solicitor regarding claims made by Bennett with respect to the delay in completing this Project.
Background Information
https://www.toronto.ca/legdocs/mmis/2021/ie/bgrd/backgroundfile-168530.pdf
Confidential Attachment 1