While the city has banned Sudbury-based Interpaving Limited from bidding on local contracts, following a fatal incident late last year, Garson Pipe recently hired the contractor to work on part of Skead Road near the Sudbury Airport.
In a written statement, the a city told Sudbury.com that Interpaving was subcontracted by Garson Pipe to do the work on Skead Road, and the ban does not apply in that case.
“Under the Purchasing By-law, the city has the authority to manage its relationships with contractors,” the statement said. “Contractors that submit bids on city road/water/sewer contracts are ultimately responsible for the completion of projects in accordance with the terms of the specific contract and are permitted to retain subcontractors. As such, Interpaving Limited was banned specifically from submitting bids to the city under section 37 of the purchasing bylaw. This section is specific to the disqualification of bidders and suppliers and does not apply to subcontracting. No further restrictions have been applied to Interpaving Limited.”
The city banned Interpaving from bidding on contracts following a fatal accident in September 2015 at the corner of Elgin and Beech streets where a woman was killed when she was struck by a construction grader. Interpaving was the contractor working on the roadway when the tragedy occurred.
Sources told Sudbury.com at the time that Interpaving's ban on applying for contracts would be effective for five years, but the city never publicly elaborated on the ban's timeline.
In a statement at that time, Interpaving said it opposed the decision.
“As we can all appreciate, the tragic accident that occurred in September on the Elgin Street project with the city has put a strain on the relationship between City staff and Interpaving,” the statement said. “We are in dialogue with city staff to try to address the issues and improve the relationship.
“That said, we disagree with the city's decision and especially how it was reached. We have engaged in discussions to try to resolve this matter and we hope that we can reach a reasonable resolution. However, if necessary Interpaving will explore all other options available.”
The company also said it would have no further comment.
Ward 7 Coun. Mike Jakubo, whose ward covers the portion of Skead Road under repairs, said Wednesday he could not comment on Interpaving's subcontract, except to say that he supports the city's official statement.
The Ministry of Labour is still investigating the fatal accident in September of last year, and has issued seven orders to Interpaving. The company complied with the orders, said the ministry, but has also appealed them to the Ontario Labour Relations Board.
