Emergency Non-Competitive Contract to Repair a Sanitary Sewer and Storm Sewer in the North Park Creek Crossing

The issuance of this non-competitive contract was a matter of extreme urgency. It was necessary to complete the work immediately, without a formal competitive tender process, due to the active spill of raw sanitary sewage into North Park Creek and the risks associated with the imminent failure of the sewers. The failure of the sewers could have had impacts on public health and safety, the environment, private property, and could have resulted in legislative non-compliance. Toronto Water was able to quickly facilitate a process whereby four (4) vendors were invited to bid an estimated scope of work, and the lowest bidder, Aqua Tech was selected. In consultation with the Purchasing and Materials Management Division, this emergency procurement could not be reported to the General Government Committee and Council in the required timeframe. This was as a result of the requirements for Toronto Water to investigate and undertake the critical emergency construction work and to properly reconcile and approve all payments to the contractor/subcontractors - a process that was finalized in April 2022. Reporting back to City Council is required in accordance with Municipal Code Chapter 195, Purchasing, where the potential value of the non-competitive contract exceeds $500,000 as per Article 7, Section 195-7.4(B) of the Purchasing By-law.