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←Infrastructure and Environment Committee · 2021-07-05 · 2021.IE23.8

The filed record

Proposed Resolution of Contractor Claims for Waterproofing and Building Envelope Rehabilitation at the St. Clair Reservoir, Contract 15ECS-MI-01WA

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The decision

2021-07-14 · Toronto City Council · adopted

As filed

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.

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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.

On the agenda

As the city filed it

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.

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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.

Staff recommended

The City Solicitor and Chief Engineer and Executive Director, Engineering and Construction Services recommend that: 1. City Council adopt the confidential instructions to staff, in Confidential Attachment 1. 2. City Council direct that the confidential information contained in Confidential Attachment 1, remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege and pertains to litigation or potential litigation.

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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, with a zero Budget impact.

Considered

  • 2021-07-05 · Infrastructure and Environment Committee · adopted

    Decision as filed

    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.

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    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.

  • 2021-07-14 · Toronto City Council · adopted

On the record

The item as the City filed it

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