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HomeMy WebLinkAboutADMIN 82-05V _ j (a) CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C3A6 TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 25 1982 ADMIN. NO. 82-5 SUBJECT: COURTICE STORM SEWER PROJECT "RE -TENDERING" ADMIN. FILE #5.4.3.2 RECOMMENDATIONS: 1. That this report be received; and 2. That the matter of re -tendering of the Courtice Storm Sewer project as outlined in Administrator's report Admin. 26-81, be lifted from the table by Council and considered. BACKGROUND: On October 19 1981, Council considered Administrator's report Admin. 26-81, copy attached, and tabled the matter for 30 days. (Council Resolution #C-1237-81). -- The matter was again considered on November 16 1981 and was again tabled pending the receipt of a response to the Mayor's letter of November 6 1981 to the Minister of Municipal Affairs and Housing. The Mayor's letter followed on a meeting with the Minister on November 5 1981. On November 25th 1981, the attached letter was received from the Minister. On December 17 1981, Ontario Hydro indicated through the Hydro Liaison Committee that they would be willing to consider the execution of a supplementary agreement with the Town for the advancement of funds for the Courtice Storm Water Management Project. The details of that agreement are to be determined, i.e. (Station A or Station B accounts). ADMIN. NO. 82-5 -2- COMMENT: Staff feel that the Town should proceed to re -tender the Storm Sewer Project with a view to a Spring of 1982 construction start, provided that a suitable amendment to the O.H.A.P. loan agreement is prepared and a suitable supplementary agreement with Ontario Hydro is finalized. A new subdivision agreement with Courtice Heights Ltd. will also be required. Staff feel that Council should decide if the storm sewer contract is to proceed in 1982, as there will be a great deal of staff time required in the next few months to complete the above referenced agreements and to prepare the necessary documents. Respectfully submitted, DNS:nof D. N. Smith, M.C.I.P. Administrator att. CORPORATION OF THE TOWN OF NEWCASTLE REPORT TO SPECIAL MEETING OF COUNCIL ADMIN. 26-81 RE: RECOMMENDATIONS: 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L7 C 3A6 Storm Sewer Project, Courtice August 1981 Tender. O.H.A.P. Loans It is respectfully recommended that: 1. This report be received; and TELEPHONE 623-3379 OCTOBER 14 1981 2. That the Town re -tender the Courtice Storm Sewer project to possibly allow the construction of the storm sewer portion of the project in 1981-82 and g' the dam and pond portion of the project at such time G �a' as required through additional development approvals; 3. That the Town again consider the financing of the storm sewer project on the basis of the above reduced tender; and 4. That the Town now advise the bidders of the tenders as called for the Town Sewer Project in August of 1981, that the Town will not be proceeding with the tender as set out, and hereby directs the Director of Public Works to ensure that each of the bidders is appropriately advised and their deposits refunded. - -2- BACKGROUND: 2 BACKGROUND: In 1977 the Town entered into two agreements with the Ministry of Housing through the Ontario Housing Action Program (O.H.A.P.), to provide housing in the Courtice Urban Area. The first agreement provided the Town with a grant to aid in the costs associated with developing housing units for low or middle income families (an incentive for expeditious planning approvals). A total of $249,225 was advanced to the Town and was set aside in a reserve account. In 1979 approximately $50,000.00 was drawn from the account to pay for planning studies undertaken on the Town's behalf. Currently the account stands at approximately $235,000.00, (further interest adjustments are to be made in 1981). The second agreement provided for an interest free loan for the provision of storm sewers in the Courtice Urban Area to drain two drainage areas including two plans of subdivisions (Courtice Heights Subdivisions). (These subdivision plans were referred to the Ontario Municipal Board by the City of Oshawa and others and subsequently approved. The Town executed subdivision agreements with Courtice Heights Ltd. in 1977 and extended the agreements once. The agreements have now expired. The draft plan approval of the plans was due to expire in June of 1981 and was extended for a further 1 year period to June of 1982). The second agreement in respect of storm sewers, was to provide the Town with an interest free loan for the construction of storm sewer works, set out as follows: -3 - Area #1 (South) Storm sewer $91,200.00 Head Wall $ 5,000.00 Erosion Protection $10,000.00 Retention Pond $25,000.00 Sub -total $152.,000.00 10% Engineering and loo Contingencies $ 30,420.00 Total Construction $182,520.00 Land acquisition $ 56,000.00 Surveying and Legal $ 23,850.00 Total Project Cost $262,370.00 Area #2 (North) Storm sewer $44,900.00 Head Wall $ 2,000.00 Erosion Protection $ 5,000.00 Sub -total $51,950.00 10% Engineering and 10% Contingencies $ 10,390.00 Total Construction $ 62,340.00 Land acquisition $ 7,500.00 Surveying and Legal $ 6,900.00 Total Project Cost $ 76,830.00 Total Gross Cost of Projects for Drainage Areas #1 and #2 $339,200.00 CMHC Grant Estimate $ 56,500.00 Total amount of loan from the Minister $282,700.00 -4- The second agreement calls for the Town to undertake several matters, highlighted as follows: 1. Repaying the loan (any part) 5 years from the date any money was given to the Town by the Ministry; 2. Constructing the storm sewer work and expediting the development of the lands; 3. Obtaining necessary Municipal Board approvals to borrow the money. The Ministry of Housing indicated in early 1981 that they would advance $350,000.00 to the Town recognizing that the original amount was subject to inflation and that the $56,500 shown as C.M.H.C. Grant was no longer available (cancellation of C.S.C.P. Program by Federal Government 1986/81). The Town has received Municipal Board approval to borrow up to $350,000.00 for the storm sewer project. Additional borrowing will require additional Municipal Board approvals. In accordance with the provisions of the second O.H.A.P. agreement, the Town undertook a proposal call in August of 1981 and, as _ members of Council are aware, received several bids in excess of the loan amount. The bids and costs incurred to date are summarized on the following tables. Please note that the funds listed as expenditures to date for land, legal, survey and engineering costs are rounded figures and do not represent our final costs. -5 - SUMMARY OF BIDS RECEIVED FROM AUGUST 1981 TENDER CALL Engineer's Estimate 250,919.00 289.100.00 540.019.00 PROJECT COSTS FOR CONSTRUCTION Contract $481.601.00 Contingencies 14,500.00 Soils 6,000.00 Design, Tender, Supervision and Layout 73,899.00 Total $576,000.00 Part A Part B Dam Sewer Total Tripp Construction Ltd. $245,881.00 235,720.00 481,601.00 J. C. Romano Sons Ltd. 316,049.00 206,520.00 522,569.50 Dagmar Construction Ltd. 330,881.51 195,850.54 526,732.05 Ron Robinson Ltd. 317,466.00 216,786.00 534,252.00 Repak Construction Ltd. 274,496.00 281,880.00 556,376.00 Craftwood Const. Co. Ltd. 452,065.00 247,801.00 699,866.00 Engineer's Estimate 250,919.00 289.100.00 540.019.00 PROJECT COSTS FOR CONSTRUCTION Contract $481.601.00 Contingencies 14,500.00 Soils 6,000.00 Design, Tender, Supervision and Layout 73,899.00 Total $576,000.00 SUMMARY OF COSTS TO DATE Land acquisition * Legal fees * Appraisals * Engineering * Land Surveyor * Preparation of tender design and advertising * (Not final costs) 103tvi l COSTS TO DATE PLUS * $161,000.00 * (Not final costs) -6- - !. 1 a $113,700.00 8,500.00 9,500.00 21,400.00 4,700.00 3,200.00 $161,000.00 PROJECT ESTIMATED COSTS $576,000.00 $737,000.00 SAY $740,000.00 * I cawlrc� IV , I iL Following the tender opening in August, staff convened a meeting with Ministry of Housing staff to discuss the possibility of 1) obtaining additional loan funds and 2) adjusting the loan repayment schedule to correspond with the receipt of lot development charges through the approval of development. Staff note that is has been the municipality's intention to repay the O.H.A.P. Loan through lot levies, i.e. at no cost to the Newcastle ratepayer. The attached letter to the Minister of Municipal Affairs and Housing was forwarded by the Mayor as a result of the staff meeting. The Town has been advised by the Ministry that no additional funds are available under the O.H.A.P. agreement. Staff have also met with the owners of the Courtice Heights Subdivision Ltd. (the major property owners in the two storm water drainage areas) as to what their financial participation in the project might be. They have indicated verbally that they are not in a position to make up the difference between the total estimated project cost and the loan amount. It was suggested that it might be possible to phase the storm sewer project in order to take advantage of the $350,000.00 interest free loan and to "spread -out" the total cost to more closely match the approval of development. Staff have reviewed this possibility and have discussed same with the Town's consulting engineers, and the Central Lake Ontario Conservation Authority staff. Briefly stated, it is possible to phase the project by modifying the tender call and proceeding with the sewer portion first, and installing the `dam and pond portion in the future as development proceeds. -9— Ica This possibility, acceptable to the Conservation Authority would require re -tendering the project according to modified designs. The phased construction program would allow approximately 100 units to be constructed in the southern drainage area, on the basis of the piped portion of the project alone. Development of over 100 units in the southerly drainage area will require construction of the drain and pond portions of the contract. It is important to note that the tender calls to date pertain to the work in the southerly drainage area only. None of the £iqures presented pertain to the northerly works (land costs are included). The Town's consulting engineers have prepared the following cost estimate for the construction of the sewer portion of the southerly storm sewer. $246,000.00 Sewer $ 20,000.00 Control structure $ 6,000.00 Soil tests $ 39,000.00 Tender, design supervision $ 9,000.00 Contingencies $320,000.00 -10 - COMMENT: On the basis of the information above and the decisions made by the Ministry of Housing, staff feel that the Town is not in a position to award a Contract for the full storm sewer project (sewer, drain and pond) at this time. Staff feel it would be appropriate for the Town to advise the bidders on the August tender call of this immediately and to direct the Director of Works to return the tender deposits forthwith. A recommendation has been included in this report to that effect. The tenders must be awarded under the provision of the tender call by October 15 1981. -11 - Staff feel that there are three options available to the Town in respect of the Courtice Storm Sewer Project: Option 1. "Do nothing" Option 2. Proceed with a phased construction project Option 3. Proceed with the total project at one time Staff have already dismissed option three as an alternative as noted above. Staff have outlined the three alternatives as follows: Option 1 IV C�) "Do nothing" * Do not proceed with tendering; no project under the agreement. * Do not receive the O.H.A.P. interest free loan. (Note that O.H.A.P. funding will be withdrawn totally March 31 1982). * Absorb costs of expenditures to date; (take out of O.H.A.P. reserve under first agreement?) * Renegoatiate subdivision agreement in future to have developer/developers install works at their "front-end" cost. Development becomes a -"longer-term" proposition. * Do not utilize capital investment in ground (i.e. Regional sanitary sewer and water systems). Loss of revenue to Region because of prolonged development. * Legal implications? -12- d j Ca -. Option 2. Proceed with a Phased Construction Project * Proceed with sewer portion of project on basis of phased construction ($320,000.00). * Finance existing expenditures through budgets on first O.H.A.P. Loan. * Finance difference between total project cost and loan through budgets and first O.H.A.P. Loan. * Pursue sources of financing. Option 3. Proceed with the total project at one time * Proceed with $576,000.00 (approximately) project by letting tender to lowest bidder. * Finance existing expenditures through budgets or first O.H.A.P. Loan. * Finance difference between total project cost and loan through budgets and first O.H.A.P. Loan. * Pursue sources of financing. Resp t ully submitted, D.N. Smith, M.C.I.P. Administrator att. OFFICE OF THE MAYOR GARNET B. RICKARD 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO 1 1 C 3A6 TELEPHONE 623-3379 September 10th, 1981 The Honourable Claude Bennett Minister of Municipal Affairs and Housing Fourth Floor Hearst Block Toronto, Ontario M7A 2K5 Dear Mr. Minister: RE: Ontario Housing Action Program Loan Courtice Storm Water Facilities, Town of Newcastle Recently, staff of your ministry met with municipal staff to review the status of the outstanding "O.H.A.P." loan agreement with the Town of Newcastle, for the provision of storm water control facilities in the Courtice area of this municipality. Following on the staff's discussions, T now respectfully request on behalf of the 'Town, that you cons9_iler Lncreasing the amount of the interest free loan to the Town of Newcastle to meet actual project costs and further that you consider revising the repayment schedule for the loan, to coincide with the actual rate of development in the Courtice area. As of March of this year, your Ministry has indicated that up to $350,000.00 is available to the Town for the construction of storm water control facilities in the Courtice area of the Town of Newcastle. The Town has now received tenders for undertaking the construction of the works required for storm drainage area number one (as set out in the agreement with the Town); bringing the project cost to an estimated $576,000.00. This amount includes the lowest tender of $481,601.00; $14,500.00 for contingencies; $6,000.00 for soil tests and $73,399.00 for design, tender, supervision and layout expenses. In addition to this amount of money, the Town has already incurred expenses of $160,431.00,. for land acquisitions, legal, ........../2 I V The Honourable Claude Bennett -Page 2- September 10th, 19_81 .. survey and engineering costs associated with the project. There will be some minor upward adjustment to these figures to reflect outstanding legal costs. In total, the Town needs at least $736,400.00 (plus) to meet existing and expected expenditures. The $736,400.00 figure represents an increase in the loan amount of at least $386,400.00. It should be noted again that this figure is for drainage area number one only. The Town of Newcastle is dependent on the development of the Courtice area as the source of financing for the O.H.A.P. loan. In order for the Town to reasonably proceed with the project, it is requested that the repayment schedule be revised to coincide with the receipt of develop- ment levies. For your information and further consideration, the tender received by the Town expires on October 15th, 1981. We therefore would appreciate your comments before that time. Thank you very much for your attention to these matters. Kindest regards, i GARNET B. RICKARD Mayor. GBR/mr cc: Mr_ G.M. Farrow, Executive Director, Plans Administration Division Mr. L. Fincham; Director of Operations Control Branch Mr. W. Dew, -Operations Control Branch Mr. S. Dunham,"Director of Public Works, Town of Newcastle Mr. D. Smith, Administrator, Town of Newcastle Mr. D. Sims,4'Solicitor, Town of Newcastle CORPOR„iION OF THE TOWN OF NEWCAS._E 40 TEMPERANCE STREFT BOWMANVILLE, ONTARIO LIC 3A6 TELEPHONE 623-3374 September 10th, 1981 The Ministry of Municipal Affairs and Housing Eighth Floor 56 Wellesley Street West Toronto, Ontario M7A 2K4 Attention: Mr. G. M. Farrow, Executive Director Plans Administration Division Dear Sir: RE: Ontario Housing Action Program Loan Courtice Storm Water Facilities, Town of Newcastle I would like to thank you and your staff, for taking time out of your busy schedules to meet with Mr. Jack Dunham and myself in respect of the above. Following from our discussion, Mayor Rickard of the Town of Newcastle, has written to the Honourable C. Bennett regarding the Town's financial position and the O.H.A.P, loan noted above. A copy of his letter is attached. It is my understanding that your staff will be reviewing the Town's request for additional loan monies and a revised repayment schedule with Treasury and Economics staff and will be reviewing the matter internally with a view to replying to the Town within the next two weeks. I certainly would appreciate your reply within this time frame as our tender expires on October 15th, 1981 and as you are aware, then potentially further affects our loan requirements. P7 -ease do not hesitate to contact me if I can ........../2 The Ministry of Municipal Affairs and Housing -Page 2- September 10th, 1981 be of any assistance. Yours very truly, D. N. SMITH, M.C.I.P. Administrator DNS/mr Enc. (1) cc: Mr. D. Sims Solicitor, Town of Newcastle Mr. J. Dunham, Director of Public Works, Town of Newcastle Mr, L. Fincham; Director of Operations Control Branch Mr. W. Dew,,Operations Control Branch Office of the Minister t 1 .0 Ontario Ministry of Municipal Affairs and Housing REC� J%J0 DEC 801 November 25, 1981 His Worship Mayor Garnet B. Rickard Town of Newcastle Office of the Mayor 40 Temper e Street Bowmanv e, Ontario L1C 3 / Dear Re: Ontario Housing Action Program Loan Courtice Storm Water Facilities Town of Newcastle This follows our meeting on November 5, and confirms your understanding of the loan situation with respect to the Courtice project expressed in your letter of November 6. I regret that I was unable to comply with your request for additional funds as they are simply not available for this project. I understand you are considering proceeding with only a portion of the storm drainage project, which will still, however, exceed in cost the $350,000 loan commitment made to this project. To assist the munici- pality in initiating a partial proposal, we are willing to reschedule repayment of the loan under clause 1(3) of the agreement dated March 11, 1977 In this agree- ment, clause 1(4) states that it is required to repay the loan in full on the fifth anniversary of the date on which the monies were paid. This clause can be amended to read: "the loan shall be repaid in 15 equal con- secutive annual instalments, the first of such instalments to be payable on the third anniversary of the date on which the monies were paid", (Continued) Hearst Block Queen's Park Toronto, Ontario M7A 2K5 416/965$456 His Worship Mayor Garnet B. Rickard Should lack of development at the time the first repayment comes due (i.e. in the fourth year following disbursement of the loan) prevent a full instalment being paid, this payment may be made on the following basis: "50% of the intended payment (i.e. 1/15 of the amount of the loan) and 50% based upon a fixed amount per residential unit of development. Any shortfall in the latter 50% to be paid as the first component of the following year's payment". Although from our point of view it would be preferable to disperse the loan within the current fiscal year 1981/82, it may not be possible to conclude all matters relating to the project satisfactorily within that time frame. In that case, and notwithstanding a statement contained in a letter of March 26, 1981 from Mr. J.B. Gardiner of my staff to Mr. Donald Smith of yours, a request for the loan from you will be accept- able in the 1982/83 fiscal year. I repeat that I regret being unable to provide additional loan funds for the storm water project, but hope that by cutting back on the project, it will enable some develop- ment to take place in the Courtice area. M.P.P Ottawa South _ 2 _ His Worship Mayor Garnet B. Rickard Should lack of development at the time the first repayment comes due (i.e. in the fourth year following disbursement of the loan) prevent a full instalment being paid, this payment may be made on the following basis: "50% of the intended payment (i.e. 1/15 of the amount of the loan) and 50% based upon a fixed amount per residential unit of development. Any shortfall in the latter 50% to be paid as the first component of the following year's payment". Although from our point of view it would be preferable to disperse the loan within the current fiscal year 1981/82, it may not be possible to conclude all matters relating to the project satisfactorily within that time frame. In that case, and notwithstanding a statement contained in a letter of March 26, 1981 from Mr. J.B. Gardiner of my staff to Mr. Donald Smith of yours, a request for the loan from you will be accept- able in the 1982/83 fiscal year. I repeat that I regret being unable to provide additional loan funds for the storm water project, but hope that by cutting back on the project, it will enable some develop- ment to take place in the Courtice area. M.P.P Ottawa South