HomeMy WebLinkAboutADMIN 35-83CORPORATION OF THE TOWN OF NEWCASTLE
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
L1C 3A6 TELEPHONE 623-3379
REPORT TO THE HYDRO LIAISON COMMITTEE MEETING OF JULY 7 1983
ADMIN. 35 - 83
SUBJECT: AMENDMENT TO SUPPLEMENTARY
AGREEMENT #7
COURTICE STORM SEWER
RECOMMENDATIONS:
1. That this report be received; and
2. That Supplementary Agreement #7 be amended to provide for the
advancement of additional funds equivalent to municipal
expenditures in respect of the Courtice Storm Sewer Project.
BACKGROUND AND COMMENT:
Over the past several weeks, the C.A.O. has forwarded various
pieces of correspondence to Ontario Hydro and Members of Council
in respect of a possible amendment to Supplementary Agreement #7.
Supplementary Agreement #7 has provided the Town with $150,000.00
towards the cost of the Courtice Storm Sewer Project. Recent
calculations of expenditures indicate that actual project costs
are in the order of $588,384.67, including various expenditures
made over the last six years. Members of Committee are reminded
that the Town has also received $350,000.00 through the Ontario
Housing Action Program Loan thereby suggesting that an amendment
to the Supplementary Agreement #7 to provide an additional
$88,384.67, say $90,000.00 would be appropriate.
Copies of recent correspondence is attached for information and
reference as is a copy of Supplementary Agreement #7.
Respectfully submitted,
DNS:nof D. N. Smith, M.C.I.P.
Administrator
700 University Avenue, Toronto, Ontario M5G 1X6
Mr. D.N. Smith
Chief Administrative Officer
The Corporation of the
Town of Newcastle
40 Temperance Street
B064PNVIELL, Ontario
L1C 3A6
Mrs. M. Hubbard, Councillor
132 Wellington Street
BOYA7ANVILLE, Ontario
Llc 1W1
Dear Mr. Smith and Mrs. Hubbard
M
12 May 83
OUR FILE: NK38-11840 P
Darlington GS
Supplementary Agreement No. 7
Courtice Urban Area
Storm Water Management
In response to your letters of April 15 and 21, 1983, requesting
a drawing of funds in the amount of $85,347.35, we find the supporting
documentation satisfactorily demonstrates that the work has been undertaken
and approve this payment to the Town of Newcastle from Account 'B' of
the Impact Fund.
In regard to future payments to be requested by the Town and a
need to extend the date of the Supplementary to accommodate such palmients,
we do not consider it necessary to extend the date of the Supplementary.
The Town nas demonstrated that it intends to carry out its responsibilities
to construct the Courtice Urban Area Storm Water Management System by the
actions it has initiated. Future draws upon the funds can be made when
they occur and upon the presentation of invoice along with substantiation
of expenditure up to the amount of $150,000.
In the matter of an amendment to the Supplemientary to
authorize expenditure beyond the stated limit, I consider this request can
be more appropriately dealt with by the Hydro/Newcastle Liaison Committee.
In other instances such as the payment for a nominal increase in funds
allotted for a growth management study, we have concurred upon its
acceptability and authorized payment; in this case, I consider it required
Mr. D.N. Smith/Mrs. M. Hubbard
V,
12 May 83
that we return the matter to the Committee for their appraisal of this
increased expenditure.
Yours truly,
J. D edie
Pro' ct Manager
lington GS
CORPO^A T ION OF THE TOWN! OF NEWCASi'L-E
40 TEMPERANCE STREET
eowMANJILLE, ONTARIO
L 1( 3A5
April 21 1983
Mr. J. McCredie
Project Manager
Darlington GS
Ontario Hydro
700 University Avenue
Toronto, Ontario M5G 1X6
Dear Mr. McCredie:
Re: Supplementary Agreement 87,
Courtice Storm Sewer Project, Town of New,;astle
TELEPHONE 123 ;3/7
Further to my letter of April 15 1983 in respect of the above,
we have now completed a summary of legal costs associated with
the Courtice Storm Sewer Project, an estimate of future engineering
costs associated with the contract supervision, and an estimate
of administrative expenses.
These additional costs are summarized with the costs included in
my April 15th 1983 letter as follows:
1. Construction of storm sewer
(Newcastle Tender T83 - 1) $190,288.56
2. Engineering (design, tender
preparation, soil tests, appr6isals) $131,408.79
3. Land Acquisition ($113,650.00 plus
$43,615.00 for future land compensation) $157,265.00
4. Legals $ 30,932.81
5. Engineering $ 25,000.00
(Future contract supervision)
Sub -total 3Mi-'U9rT'U
Administration Costs 53,489.51
Total $588,384.67
I
Mr: J. McCredie
Project Manager April 21 1983
Our total costs for the project are now, as you can see from
the above, estimated at $688,384.31.
I would appreciate an indication from you as to whether Hydro
would be prepared to undertake a further amendment to Supplementary
Agreement 97 to reflect our actual costs. An increase in Supplementary
Agreement #7 from $150,000.00 to $238,04..31, say S240,000.00 appears
appropriate.
I have included copies of our legal invoices for yc.:r records.
I thank you again for your attention to these matters.
Yours very truly,
Olv :nof D:'N. Sriith, M1 C.I.P.
Administrator
cc: Mrs. M. Hubbard, Councillor,
Hydro Liaison Chairman
Mayor Garnet B. Rickard and
Members of Council
D. Oakes, Clerk
R. Dupuis, Director of Public Works
T. Edwards, Director of Planning
K. Campbell, Treasurer
CORPORA. WN OF THE TOWN OF NEWCAST!+e
40 TEMPERANCE STREET
BOWMANVILLE, ONTARIO
L1C 3A6
TELEPHONE 623-3379
VIA COURIER
Mr. J. McCredie
Project Manager
Darlington GS
Ontario Hydro
700 University Avenue
Toronto, Ontario M5G 1X6
Dear Mr. McCredie:
April 15 1983
Re: Supplementary Agreement H7,
Courtice Storm Sewer Project, Town of Newcastle
We have received your letter of April 5 1983 agreeing to the
extension of Supplementary Agreement N7 to July 30 1983,
thank you very much.
Pursuant to Agreement N7 and further to my letter of March
4 1983, we wish to draw on the funds provided by Supplementary
Agreement N7 at this time to the extent of $85,347.35.
As anticipated and noted in my letter of March 4 1983, with
the award of the storm sewer tender by the Town on March 14 1983
in the amount of $190,288.66, the total cost of the Courtice
Storm Sewer Project has exceeded the Provincial Ministry of
Housing and Municipal Affairs' loan to the Town. Our costs updated
as of the award of the tender are $435,347.35. The $85,347.35 now
requested represents our costs minus the Provincial Ministry of
Housing and Municipal Affairs'loan of $350,000.00. The $435,347.35
is calculated as follows:
1. Construction of Storm Sewer
(Newcastle Tender T83 - 1) $190,288.56
2. Engineering (design, tender
preparation, soil tests, appraisals) $131,408.79
3. Land Acquisition $113,650.00
$435,347.35
As promised in my March 4th letter, I have enclosed copies of
invoices and other material in support of our expenses. The
attached material includes:
I. A copy of Tender T83 - 1, as awarded;
..2
-2-
Mr. J. McCredie April 15 1983
Project Manager
2. Various invoices related to the design,
tender preparation, soil tests and appraisals
(summary included); and
3. A staff report outlining land acquisition values with
supporting documentation.
The figure of $435,347.35 does not represent our final total costs
for the Courtice Storm Sewer as--aUditional engineering costs are
anticipated through the administration of the tender, legal and
staff costs have not yet been calculated, nor is the land acquisition
cost final.
For your information, one of the parcels of land necessary for the
project was expropriated; its value will most probably be determined
through the Land Compensation Board. An amount of $3,885.00 has
to date been accepted subject to this future possible review. In
1981, we anticipated that a settlement could be reached at a figure
of up to $47,500.00, thereby potentially adding $43,615.00 in additional
costs in respect of land acquisition. As I'm sure you appreciate, the
expropriation process is extremely lengthy, the final value for this
outstanding parcel of land may not be determined for many months,
perhaps years. On that basis, could you please give consideration
to forwarding $43,615.00 as an additional draw on Supplementary
Agreement #7; at this time to be held by the Town against the final
property value settlement. I think the only alternative would
be further indefinite extensions of Supplementary Agreement N7.
The construction of the storm sewer itself is scheduled to start on
May 2 1983 and is to be completed by the end of June 1983. We should
have no difficulty therefore in calculating our total final costs
before the end of Supplementary Agreement H7 on July 30 1983.
If our final total costs exceed the $150,000.00 specified in
Supplementary Agreement $7, would Hydro be prepared to undertake
further amendment to reflect our actual costs?
Thank you for your attention to these matters, we would, of course,
appreciate your earliest possible reply.
DNS:nof
Yours very truly,
D. N. Smith, M.C.I.P.
Administrator
cc: Mrs. M. Hubbard, Councillor, Hydro Liaison Chairman
Mayor Garnet B. Rickard and Members of Council
C(AP',, iATION Oi ri1-. TOWN OF NEWC:.aTLE
ao TEMPEkANCE STREET
BOV.1MANVILL ri 0r:TAR10
LAC 3Ai
March 4 1983
Mr. J. McCredie
Project Manager
Darlington Generating Station
Ontario Hydro
700 University Avenue
Toronto, Ontario MSG 1X6
Dear Sir:
Re : Supplementary Agreement s7
Courtice Storm Sewer Project
TELEPHONE 623-33N
Further to my recent conversation with Mr. J. Hale, please be
advised that we expect the Town of Newcastle to award a contract for
the construction of the first phase of ne southerly portion of the
Courtice Storm Sewer• on or about March 14 1983.
Municipal staff are recommending the award of the contract to the
lowest responsible bidder at an amount of $190,288.66. To date the
Town of Newcastle has borne other costs in respect of the storm sewer
project, calculated in October of 1981 at $161,000.00.
Total costs for the first phase of the southerly portion of the
Courtice Storm Sewer project will therefore exceed $351,288.66. Of that
amount, the Town of Newcastle has, as you know, arranged for a loan
through the Provincial Ministry of Housing and Municipal Affairs in
the amount of $350,000.00. The actual difference between that loan
and the project cost we will, I expect, be drawing from the Station "B"
account, as per Supplementary Agreement #7.
We will be forwarding to your offices copies of invoices paid over the
last several years by the Town in respect of the storm sewer project. V
..2
-2-
Mr. J. McCredie
Ontario Hydro
March 4 1983
I believe this is acceptable to you, but would appreciate your
confirmation. It may be that these invoices will be forwarded to
you after March 31 1983, which I believe meets the requirements of
Supplementary Agreement 0, which refers only to the award of the contract
before March 31 1983.
As Lkn construction contract for the storm sewer now under consideration
represents only the first phase of a portion of the overall Courtice
Storm Sewer, I can foresee the lown wishing to proceed with further
construction contracts that would use the remainder of the 5150,ODO.00
included in Supplementary Agreement #7 and perhaps additional funds
beyond that figure.
I think therefore, that Supplementary Agreement ,i7 requires amendment
to extend its life beyond March 31 1983. I trust this would be possible
and in fact looked on favourably by Hydro.
DNS:nof
Yours very truly,
D. N. Smith, M.C.I.P.
Administrator
cc: Mayor Garnet B. Rickard
Councillor Marie Hubbard
K. Campbell, Treasurer
D. Oakes, Clerk
R. Dupuis, Director of Public Works
T. Edwards, Director of Planning
DARLINGTON GENF.kATING STATION
�+ SUPPLEMIIJ'TAkY AGREEMENT NO. 7
COUR'T10E URBAN AREA S'1VRM WATER MANAGEMENT SYSTEM
THIS AGREEMENT made in triplicate this 20th day
of October , 1982.
11 E T W. E E N:
ONTAR IO HYDRO,
hereinafter refcrrcd to as the "Corporation%
OF THE F HtS'P PART,
- .u1d -
fill: RhGIONAI,_MUNICEI'Af.ITY OF DURIUkM,
hereinafter referred to as the "Reyion",
OF THE SECOND PART,
- .,nd -
T11E CORPORATION OF
THE
'TOWN OF
NEWCASTLF,
hereinafter fc ferred
to
as the
"'Down",
OF THE 'I'HIkD PART.
WHEREAS the Corporation and the Town have entered into
an Agreement (hereinafter referred to as the Newcastle Agreement),
2 -
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, 1917;
AND WIILI<KAS the Corporation, the Region and the Town
have unturod into in Ayrc,:ment (heroinafter referred to as the
Ruyional Ayruomunt) with rc:.pect to the social, OcOnomic and
financial "P.Icts arising Out of the construction and operation
of the Station on the Region and the Town, dated Auyust A, 1977;
AND WHEREAS the Newcastle Agreement and the Regional
Ayreenwnt Provide for the enturiny into of supplowciItary ayree-
nlents hut:wcon the Corporation, the Region and the 'Down;
AND WIlLid71S the CorPOr.ition, the Region and the 'Down
},.,ve untered into a Suppl. nientary Ayrcument entitled Couununity
Impact Monitoring Prugram which involves collecting and updating
data On certain iwPuct items which may be affected by the con-
\..
structiun and operation of the Station;
AND WHEREAS the Newcastle Agreument provides that the
Corporation agrees to cou,pensate the Town for those financial
impacts undergone by the Town as a result of the construction
of the Station which include the cost of advancing community
facilities and providing community services;
- 3 -
AND WHEREAS it is recognized that population growth
could have a financial impact to the Town in the costs associ-
ated with the provision of service infrastructure of housing
development undertaken to accouunodate Ilydro construction
workers;
AND WH1:RPAS the Town has undertaken a Plan for the
provision of housing for future Ilydro employees pursuant to
its obli.3.,tions und.:r Section 27(e) of the "Master Agreement",
Ly undertaking the preparation and implementation of the
"Courticc Urban Area Plan";
AND 1.7IIERI-JAS the COUrtice Urban Area Plan has been
ipprovL•d by the Town of Newcastle, the Regional Municipality
Of Durll.iltl and thu Minister of Municipal Adfuirs and lIousing
Of the Province of Ontario, as Amendiuent 12 to the Official
Plan of the former ruwnship Of Darlington";
AND W11EREA S the Town of Newcastle, the Region of
Durham and the Minister of Municipal Affairs have approved
certain plans of �,ubdivi:;ion for residential development in
the Courtice Urban Area under the provisions of the Planning
Act;
AND WHEREAS the Town of Newcastle, the Region of
k...
m
Durham and the Minister of Municipal Affairs have entered
into certain agreements for the provision of residential
development in the Courtice Urban Area.
NOW, THEREFORE' WTTNESSF.TH that in consideration
Of the covenants horein,�fter contained and for other good
and valuable consideration, the Corporation, the Region
and the Town heruhy agree as follows.
1. The Corporation agrees to pay to the Town
from Station Account 8131, the sum of
$150,000.00 (hereinafter referred to as
the "fulids"), to assist in the funding
of storm sewer facilities in the Courtice
Urban Area in advance of an evaluation
of impact arising out of the Darlinyton
Generating station.
2. The p:,yment of the funds is subject to
an
award
by the
'Down of
a contract for
the
stornn
sewer
project
on or before
March 31, 1983.
RM
- 5 -
3. The Town, subject to having the lawful
authority to do so, agrees to recover
the funds from the development charges
through the subdivision process over a
puriod coincident with the recovery of
any other monies expunded by the Town.
4. This Agruement slial.l not affect in any
w.,y any right of the Region to make a
c Llim for financial impact caused to the
Regiun from the „dvancement of the timing
of services.
5. The recitals mentioned in this Agreement
form p.trt of this AyreeuIent.
1N Wl'PN1i:iS WjjFj<E0p the Corporation, the Region
nd the 'Pawn have caused this Ayrcement to be executed by
OR
- 6 -
the affixing of the corporate seals attested by the signatures
of their proper officers duly authorized in that behalf.
I' A1.10tlIIlilt
Vwto.
�I ie L
♦�' 11
......... 19...
Per:
ONTARIO HYDRO
Secretary
TIIE REGIONAL MUNICIPALITY OF DURIiAM
G.Ircy Ilerrena - Chairuiun
,l._�,;.� clerk
Tul: CoRi-ORATION OF THE TOWN OF
t�i:W_Pc '>1r[.E
i
Per: a ,
✓Garne B. Rickard - Mayor
Clerk"
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