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HomeMy WebLinkAbout77-66 . . . .. , . , TIlE CORPORATION OF THE TO~~ OF NEWCASTLE By-Law No. 77-66 Being a by-law to adopt Supplementary Agreements Nos. 1 and 2 to the Agreement with Ontario Hydro in respect of the impact of the proposed Darlington Nuclear Generating Station A as adopted by By-Law No. 77-14. WHEREAS the Council of the Corporation of the Town of Newcastle enacts as follows: - 1) The Corporation of the Town of Newcastle hereby adopts and enters into Supplementary Agreements.Nos. 1 and 2 with Ontario Hydro. a copy of which is annexed hereto as Schedules "A" and "B" respectively. 2) The Mayor and the Clerk of the Corporation of the Town of Newcastle are hereby authorized and directed to sign the Supplementary Agreements Nos. 1 and 2 and to place thereon the seal of the Corporation. By-Law read a first time this 6th day of September. 1977. " " 6 .<Jt. St. f1'l~ '1 rr ( n.- By-Law read a second t1me th1s .......... day of ....................1977. B L d h" d d f" 1" h" t~ d f 5ef'1't!."1tf&..A- 1977 y- aw rea a t 1r an 1na t1me t 1S ........... ay 0 .. . . . . . . . . . . . . . . . . . G.B. Rickard ~ ~ Mayor - Seal J .M. McIlroy Clerk ~ . e e . . ~ ..-"\ .. ~ t#" (;- ~/k~ If, ';t~ !f&j W 1-'- 77.t ( DARLINGTON GENERATING STATION SUPPLEMENTARY AGREEMENT NO.1 THIS AGREEMENT made in duplicate this~J~ay of ~~/9';r;7 BET WEE N: ONTARIO HYDRO Hereinafter referred to as the "CORPORATION" OF THE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE Hereinafter referred to as the "TOWN" OF THE SECOND PART WHEREAS the Corporation and the Town have entered into an agreement (hereinafter referred to as the Newcastle Agreement) with respect to the social, economic and financial impacts arising out of the construction and operation of the Darlington Generating Station (hereinafter referred to as the Station) on the Town dated March 22, 1977; AND WHEREAS the Newcastle Agreement provides for the entering into of supplementary agreements between the Corporation and the Town; AND WHEREAS the Corporation and the Town are desirous of entering into a supplementary agreement dealing with audit provisions, clarifications of paragraph 27 of the Newcastle Agreem~nt and payments for costs incurred in development of the monitoring programs prior to September 1, 1977. . \... c~ ,,1'- v 2 . NOW, THEREFORE, WITNESSETH that in consideration of the sum of TWO DOLLARS ($2.00) by each of the parties hereto to the other paid, the receipt whereof by each of the parties is hereby acknowledged, and in consideration of the convenants hereinafter contained and for other good and valuable consideration, the Corporation and the Town hereby agree as follows: 1. The Town agrees that the following AUDIT PROVISIONS shall apply to any claim submitted by the Town to the Corporation for compensation, as described in paragraph 20 of the Agreement: The Town shall keep proper books, accounts and records in form and detail satisfactory to the Corporation of all transactions relevant to this agreement. Notwithstanding the generality e of the foregoing such accounts and records shall include invoices, receipts, cancelled cheques, vouchers and employee time records relating thereto. All such books, accounts and records shall at all reasonable times be open to audit and inspection by the Corporation or its authorized representative~ (who may make copies thereof and take extracts therefrom) and the Town shall afford all proper facilities for such audit and inspection and shall make available to the Corporation or its authorized representatives all such aforesaid books, accounts and records. Such books, accounts and records are to be preserved and kept available for audit and inspection at any time until the expiration of two (2) years . from the termination of the Newcastle Agreement, or for . such lesser period of time as shall be approved in writing ~ . i- ~ . . . - 3 - by the Corporation. Should any such audit or inspection disclose any discrepancy, the parties mutually agree to appropriately adjust such discrepancy forthwith. The Town shall include a right to audit clause similar to this paragraph in any contracts it may enter into as a result of the Newcastle Agreement. Such audit right shall be extended to the Corporation or its designated representative. 2. The Corporation and the Town agree that the financial obligations - 3. e of the Corporation under paragraph 6 of the Newcastle Agreement are excluded from and in addition to the financial obligations of the Corporation under paragraphs 26 and 27 of the Newcastle Agreement. The Corporation and the Town agree that paragraph 11 of the Agreement is amended as follows: The Corporation agrees to propose methods, review proposals and to participate with the Town in a process of monitoring the ongoing social, econo~ic and financial impact of the construction of the Station in the Town of Newcastle and to fund expenses incurred by the Town for such monitoring program to a maximum of $300,000.00 and concluding as provided in paragraph 22. The Town agrees that the maximum expenditure in anyone twelve month period shall not exceed $50,000.00. . e . t'S .. " .. - 4 - (These maximums are within the overall liability of the corporation and are set in 1977 dollars. They will be adjusted upwards to reflect increased costs as a result of inflation. ) Notwithstanding paragraph 28 of the Newcastle Agreement, the Corporation agrees to compensate the Town for all costs incurred prior to September 1, 1977 in the development of the monitoring program, provided that such costs shall not exceed $20,000.00. For the Town ~~ Major ONT ARlO HY!>R~ ..7, .,~ For Ontario Hydro ....A~~~~..~.~.:.~.~........ '''H~~ ~ ~~- Assistant Secretary 4 . " 'i .. ~~~~ < 'r:f DARLINGTON GENERATING STATION ~ ~'1.,,&..v f>I. /7 ~'~ SUPPLEMENTARY AGREEMENT NO. 2 . THIS AGREEMENT made in duplicate this~~~day of ~~~1;7;? BET WEE N: ONTARIO HYDRO Hereinafter referred to as the "CORPORATION" OF +HE FIRST PART - and - THE CORPORATION OF THE TOWN OF NEWCASTLE Hereinafter referred to as the "TOWN" OF THE SECOND PART WHEREAS the Corporation and the Town have entered into an agreement (hereinafter referred to as the Newcastle Agreement) ~ with respect to the social, economic and financial impacts arising out of the construction and operation of the Darlington Generating Station (hereinafter referred to as the Sta~ion) on the Town dated March 22, 1977: AND WHE~AS the Newcastle Agreement provides for the entering into of supplementary ag:reements between the Corporation and the Town; AND WHEREAS the Corporation and the Town are desirous of entering into a supplementary agreement dealing with interim improvements to the South Service Road between Holt and Waverley Roads (hereinafter referred to as "the improvements") as provided for in paragraph 15 of the Newcastle Agreement; ~ NOW, THEREFORE, WITNESSETH that in consideration of the sum of TWO DOLLARS ($2.00) by each of the parties hereto to the other paid, the receipt whereof by each of the parties is hereby '. ~ 2 - t . ' acknowledged, and in consideration of the covenants hereinafter tit contained and for other good and valuable consideration, the Corporation and the Town hereby agree as follows: 1. The improvements shall involve the interim upgrading of that portion of the road known as the South Service Road lying south of the Queen's Highway Number 401 between Holt Road and Waverley Road; the interchange at Queen's Highway Number 401 and Waverley Road; and the intersection of Holt Road and the South Service Road; all in the Town of Newcastle, in the Region of Durham. 2. The Town shall engage the consulting engineering firm of De Leuw Cather (hereinafter referred to as "the design consultant") for an estimated fee of TWENTY-TWO THOUSAND e THREE HUNDRED ($22,300.00) to undertake the design and produce, within 6 weeks from the execution of this agreement, the drawings and technical specifications for the improvements. 3. The design, drawings and technical specifications for the improvements shall be in ac~ordance with Golder Associates' recommendation therefore, attached as Schedule A hereto. 4. The Town shall advertise for tenders for carrying out the work, according to the drawings and technical specifications for the improvements, which drawings and technical specifications shall be subject to approval by the Town. e '. - 3 - , .. . . 5. The Town may engage the engineering service of a consulting . engineering firm of their choice to assist the Town in reviewing the drawings and technical specifications, calling for and evaluating the tenders and inspecting, supervising and managing the construction of the improvements subject to the concurrance of the Corporation and subject to the Town first obtaining a cost estimate for such services. 6. The awarding of the contract to construct the improvements shall be subject to the approval of the Corporation. 7. The Town shall ensure that the construction of the improvements is carried out in a proper manner. The Town recognizes the urgency of these improvements for the Corporation and shall e undertake to have the contract awarded no later than September 15, 1977 and the work completed no later than November 30, 1977. Failure to have the work completed'by November 30, 1977 shall not, however, constitute a breach of this agreement and no liability shall attach to the Town if the work is delayed. 8. The Town shall obtain all necessary approvals and permits required for the improvements. 9. The Corporation will reimburse the Town for any reasonable costs e .J for work done by the Town staff in pursuing the implementation of this agreement, up to a maximum of $3,500.00. ~ ~ 4 - ~ ~ , . . 10. . The Corporation will reimburse the Town for all costs incurred by it in implementing this agreement, including any cost overruns approved by the corporation and the Town incurred by any contractors engaged to perform any work involved in designing and constructing the improvements. 11. The Corporation shall make payment to the Town for obligations under this agreement within 30 days of receipt of invoices from the Town. 12. It is understood and agreed that, until a permanent access facilities to the site are completed, all trucks supplying material for the construction of the Station will be . required to exit from Highway 401 using the Waverley Road interchange and use the portion of the South Service Road as defined in paragraph 1. The Corporation will make its best efforts to ensure that no trucks use the North Service Road or the portion of the South Service Road between the courtice Road interchange and Holt Road. 13. The Town will make its best efforts to ensure that the portion of the South Service Road as defined in paragraph 1 shall be kept open for trucks supplying materials for the construction of the Station during the construction of the road improvements. . -~ ..;c.. , .. ......- .. . ... - 5 - .,4. The Town shall not impose any load or other restrictions on that portion of the South Service Road as defined in paragraph 1, or its use, mutually agreed to. For the Town ~~~/ G. Rickard Mayor . ------ ,. . .------- ".- / '- For Ontario Hydro ~~~ Assistant Secretary -