Item - 2014.PW31.18

Tracking Status

PW31.18 - Temporary Suspension of Trisan Construction

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on June 10, 11, 12 and 13, 2014, adopted the following:

 

1.         City Council declare 614128 Ontario Ltd., operating as Trisan Construction, ineligible to bid on or be awarded any City of Toronto construction tender calls for a period of one year from June 11, 2014.

 

2.         City Council declare that any legal entity that is related to or has the same operating mind as 614128 Ontario Ltd. shall also be ineligible to bid on or be awarded City of Toronto construction tender calls for one year from June 11, 2014, where Purchasing and Materials Management Division (in consultation with Legal Services) determines that such entity was created or its being used for the purpose of evading the City’s decision to suspend 614128 Ontario Ltd.

Background Information (Committee)

(April 30, 2014) Report from the Executive Director, Engineering and Construction Services, and the Acting Director, Purchasing and Materials Management, on Temporary Suspension of Trisan Construction
https://www.toronto.ca/legdocs/mmis/2014/pw/bgrd/backgroundfile-68962.pdf

Communications (Committee)

(May 13, 2014) Submission from Trisan Construction (PW.New.PW31.18.1)
https://www.toronto.ca/legdocs/mmis/2014/pw/comm/communicationfile-47468.pdf
(May 14, 2014) Submission from Krista J. McKenzie, McKenzie Professional Corporation (PW.New.PW31.8.2)
https://www.toronto.ca/legdocs/mmis/2014/pw/comm/communicationfile-47563.pdf

Communications (City Council)

(June 9, 2014) Letter from Michael Farace and Cory Estrela, Devry Smith Frank LLP, on behalf of 614128 Ontario Limited, operating as Trisan Construction (CC.New.PW31.18.3)
https://www.toronto.ca/legdocs/mmis/2014/cc/comm/communicationfile-47963.pdf

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-13-2014 2:36 PM

Result: Carried Majority Required - PW31.18 - Adopt the item
Total members that voted Yes: 29 Members that voted Yes are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Peter Leon, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 15 Members that were absent are Maria Augimeri, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Mike Del Grande, Paula Fletcher, Doug Ford, Rob Ford, Mark Grimes, Giorgio Mammoliti, Joe Mihevc, Ron Moeser, Jaye Robinson, Karen Stintz

PW31.18 - Temporary Suspension of Trisan Construction

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Public Works and Infrastructure Committee recommends that:

 

1.         City Council declares 614128 Ontario Ltd., operating as Trisan Construction, ineligible to bid on or be awarded any City of Toronto construction tender calls for a period of one year, from the date City Council approves this recommendation.

 

2.         City Council declare that any legal entity that is related to or has the same operating mind as 614128 Ontario Ltd. shall also be ineligible to bid on or be awarded City of Toronto construction tender calls for one year, from the date City Council approves this recommendation, where PMMD (in consultation with Legal Services) determines that such entity was created or its being used for the purpose of evading the City’s decision to suspend 614128 Ontario Ltd.

Origin

(April 30, 2014) Report from the Executive Director, Engineering and Construction Services, and the Acting Director, Purchasing and Materials Management

Summary

This report recommends that City Council declare 614128 Ontario Ltd., operating as Trisan Construction ("Trisan"), ineligible to bid on any City of Toronto tenders for a period of one year. 

 

This recommendation is based on demonstrated poor performance by Trisan on two recent Basement Flooding Protection Program contracts.  Trisan's actions as the Constructor on these contracts potentially put staff, the public, homeowner properties, and City infrastructure at risk, which was repeatedly documented by Engineering and Construction Services staff, as well as a number of other Agencies having jurisdiction on construction sites.  City Council approval is required in order to suspend a contractor from contract awards for poor performance.

Background Information

(April 30, 2014) Report from the Executive Director, Engineering and Construction Services, and the Acting Director, Purchasing and Materials Management, on Temporary Suspension of Trisan Construction
https://www.toronto.ca/legdocs/mmis/2014/pw/bgrd/backgroundfile-68962.pdf

Communications

(May 13, 2014) Submission from Trisan Construction (PW.New.PW31.18.1)
https://www.toronto.ca/legdocs/mmis/2014/pw/comm/communicationfile-47468.pdf
(May 14, 2014) Submission from Krista J. McKenzie, McKenzie Professional Corporation (PW.New.PW31.8.2)
https://www.toronto.ca/legdocs/mmis/2014/pw/comm/communicationfile-47563.pdf

Speakers

Angelo Santorelli, President, Trisan Construction
Matthew Santorelli, Vice-President, Trisan Construction
Councillor Shelley Carroll

Motions

Motion to Adopt Item moved by Councillor Janet Davis (Carried)
Source: Toronto City Clerk at www.toronto.ca/council