Discussion:

In accordance with Section 46 of the Drainage Act, a copy of the provisional by-law and Notice of the Court of Revision meeting were sent to all affected landowners listed in the Schedule of Assessment.

The notice informed each landowner of their right to appeal their drainage assessment and/or allowances to a Court of Revision, by filing notice with the City Clerk no later than 10 days prior to the first sitting of the Court of Revision.

At the Court of Revision held on December 17, 2019, no assessment appeals were filed or heard. Therefore, no changes or amendments were made to the report and the members of the Court of Revision received the Drainage Report dated October 14, 2019 as is. The By-law may now be passed by City Council in giving the third and final reading of the Provisional By-law.

Risk Analysis: 

Risk Analysis: Associated risks to the Corporation resulting from the undertaking of this project, subsequent to award of tender, include risks typical of a construction project, such as bodily injury, property damage, and matters arising from violations of the Occupational Health and Safety Act.

These risks will be transferred to the successful proponent, by legal agreement. As part of the agreement with the successful proponent, the Low Bidder will be required to provide proof of insurance to the Corporation, as well as indemnify the Corporation from any claims which may arise from their work during or after construction.

An additional risk of not undertaking this drain project include the potential for flooding damages to adjacent lands, which could present a financial liability against the City.

Financial Matters:

All expenses associated with the repair and improvements to the Grand Marais Drain are assessed to the Corporation of the City of Windsor accordingly as there are no private access structures or special benefit works.

The total estimated cost to undertake this project is $3,597,544.66 (including nonrecoverable HST). There are no Special Benefits being provided to any residents and as a result, the entire cost of the work will be borne by the City.

As of January 17, 2020, there are funds of approximately $2,690,000 remaining in the Grand Marais Drain project (Project ID 7082003 / Questica Project ECP-028-07). Based on the estimated cost of completing this work provided by Landmark, additional funding of $1,000,000 will be required. Funding for future years totalling $2,432,000 was previously approved in principle by City Council, as part of the 2020 8-Year Capital Budget. Administration is recommending that $1,000,000 of the funding be precommitted to project 7082003 – Grand Marais Drain – Central/Walker as follows: