12.3 Property Matter - Harbour Solutions Project - Purchase and Sales Agreement for Acquisition of Dartmouth Wastewater Treatment Plant Site
The following In Camera recommendation was adopted by Council:
That:
1. Halifax Regional Council authorize the Mayor and Municipal Clerk to execute the Purchase & Sales Agreement (Appendix #1 of the December 10, 2003 Private and Confidential staff report) for the acquisition of Parcel 2003-1 and Parcel 2003-2 (being a portion of the Dartmouth Canadian Coast Guard Base as shown on Appendix #2 of the December 10, 2003 Private and Confidential staff report) for the purpose of construction of the Dartmouth wastewater treatment plant and provision of an adjacent buffer for $1,682.136.92 plus net HST, for a total of $1,790,281.50, from Capital Account #CSE00386-CSE00399, Pollution Control - Halifax Harbour Project. This is exclusive of adjustments, legal fees and closing fees, which will be extra.
2. This report not be released to the public.
12.4 Contractual Matter - Harbour Solutions Project - Sewage Treatment Plant Negotiation Progress and Recommendation
The following In Camera recommendation was adopted by Council:
WHEREAS:
1. HRM and the Dexter/Degremont Company have agreed in principle on the significant technical terms and requirements for the design and construction of advance primary Sewage Treatment Plants for Halifax, Dartmouth and Herring Cove. The terms of the proposed agreement will require compliance with effluent, odour and noise parameter that should, in conjunction with HRM's P2 Program, enable HRM to meet the requirements of the NSDEL and should enable HRM to design and construct the entire Project within HRM's original budget.
2. HRM, the Dexter/Degremont Company and its advisors are working to resolve the remaining insurance, bonding and other security requirements for the project as well as the final form of the legal agreements.
3. HRM is not aware of any insurmountable issues that would necessitate significant changes to the terms of the agreement as they are presently contemplated or that would prevent the parties from finalizing the agreements to be in a position to commence construction in February of 2004.
4. That HRM staff continue its negotiations with Dexter/Degremont Company with a view to finalizing the outstanding business issues within the parameters disclosed to Council on December 16, 2003 and with a view to presenting draft agreements for Council's approval in January 2004.
12.5 Contractual Matter - Canada Strategic Infrastructure Funds - Harbour Solutions Project
The following In Camera recommendation was adopted:
That Council authorize the Mayor and Municipal Clerk to execute the Canada-Halifax Regional Municipality Agreement on the Halifax Harbour Solutions Project (substantially in the form attached as Appendix 1 of the December 4, 2003 Private and Confidential staff report) with Her Majesty The Queen in Right of Canada, for the funding of the design and construction of the sewage collection systems and access roads in three communities, and the design and construction of a sewage treatment plant in Halifax.
12.3 Property Matter - Harbour Solutions Project - Acquisition of Cooke Property
The following In Camera recommendation was adopted:
That:
1. Council authorize the Mayor and Municipal Clerk to execute a purchase and sales agreement for Parcel 6B (being a portion of Lot 6 of the Diana Cooke property) Village Road, Herring Cove for the purpose of access to the Hospital Point wastewater treatment plant site incorporating terms as per the offer attached to the November 5, 2003 Private and Confidential report for $105,000 plus net HST (if applicable), for a total of $111,751.00, from Account Nos. CSE00386-CSE00399, Pollution Control - Halifax Harbour; Harbour Solutions Project: Miscellaneous. This is exclusive of adjustments, legal fees and closing fees, which will be extra.
2. This report not be released to the public.
12.1 Legal Matter - Harbour Solutions
The following In Camera recommendation was adopted with an amendment that the In Camera staff report not be released until the negotiations are complete and the contract is approved by Council and executed .
WHEREAS, beginning in September, 1998, HRM undertook a lengthy and detailed RFQ/RFP process for the implementation of the Halifax Harbour Solutions Project ("Project") and, in October, 2002, signed agreements ("HREP Agreements") with the Halifax Regional Environmental Partnership ("HREP") and others for the implementation of the Project;
AND WHEREAS, HREP refused to implement the Project on the terms and conditions set forth in the HREP Agreements which were signed in October, 2002;
AND WHEREAS, in August, 2003, HRM entered into agreements with Dexter Construction Company Limited to design, plan, engineer, procure, construct and commission the Sewage Collection Systems, Roads and the outfalls and diffusers forming part of the Project and to design and construct the Mengoni Avenue Site Expansion;
AND WHEREAS staff was requested to undertake a review of the best means of implementing the balance of the Project;
IT IS RECOMMENDED THAT:
1. Council authorize staff to enter into negotiations with the Harbour Solutions Consortium, for a period not exceeding eight weeks, for:
b) a fixed price to handle all contaminated soils on the Sewage Treatment Plant sites;
2. HRM operate the Sewage Treatment Plants; and
3. Staff conduct further analysis regarding biosolids handling and treatment and return to Council with a recommendation.
It is recommended that:
1) Staff be authorized to commence negotiations with the following firms for the permanent financing of between $160,000,000 to $180,000,000 for the Harbour Solutions Project:
Approved.
12.4 Property Matter - Harbour Solutions Project - Acquisition of Herring Cove Wastewater Treatment Plant Site
That Council authorize the acquisition of land at Hospital Point, Herring Cove for the Waste Treatment Plant site as per the Agreement of Purchase and Sale attached to the September 16, 2003 Private and Confidential staff report, between the Halifax Regional Municipality and CVC Acquisition (Canada) Company, for $734,000 plus net HST, for a total of $781,189 from Capital Account # CSE00386 Pollution Control - Halifax Harbour and further this amount is exclusive of adjustments, legal fees and closing costs, which will be extra.
Approved.
12.6 Legal Matter - Harbour Solutions
The following in camera recommendation was approved:
WHEREAS beginning in September, 1998, HRM undertook a lengthy and detailed RFQ/RFP process for the implementation of the Halifax Harbour Solutions Project ("Project") and, in October, 2002, signed Agreements ("HREP Agreements") with the Halifax Regional Environmental Limited Partnership ("HREP") and others for the implementation of the Project;
AND WHEREAS Dexter Construction Company Limited had entered into Agreements ("EPC Contracts") with HREP and was one of HREP's subcontractors in connection with portions of the Project;
AND WHEREAS HREP refused to implement the Project on the terms and conditions set forth in the HREP Agreements which were signed in October of 2002;
AND WHEREAS HRM wishes to proceed with a portion of the Project while it undertakes a review of the best means of implementing the balance of the Project;
NOW THEREFORE BE IT RESOLVED as a Resolution of Council that:
1. HRM enter into an Agreement with Dexter Construction Company Limited for:
(a) the design, planning, engineering, procurement, construction and commissioning of the Sewage Collection Systems, Roads and Outfalls and Diffusers forming part of the Halifax Harbour Solutions Project in each of Halifax, Dartmouth and Herring Cove; and
(b) the procurement, construction and commissioning of the Mengoni Avenue Site Expansion, for a price not to exceed $116,164,000 plus taxes and inflation, and on the terms and conditions reviewed by Council on July 15, 2003; and
2. The Halifax Harbour Advisory Committee be authorized to review and approve the final form of the Agreement before it is executed on behalf of HRM.
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