HomeMy WebLinkAbout04 017 agreement mnr inverhuron
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2004-17
BEING A BY-LAW TO AUTHORIZE THE SIGN NG OF
AN AGREEMENT WITH HER MAJESTY THE QUEE IN RIGHT OF
ONTARIO REPRESENTED BY THE MINISTER OF NATURAL
RESOURCES
WHEREAS Section 11 (2) of the Municipal Act, 2001, 5.0. 2001, c. 25, as
amended, provides that a lower-tier municipality has the powe to pass by-laws
under spheres of jurisdiction assigned non-exclusively t its upper-tier
municipality;
AND WHEREAS the Council for The Municipality of Kin rdine deems it
advisable to enter into an Agreement with her Majesty the Q een in Right of
Ontario as represented by the Minister of Natural Resources to construct an
extension to the municipal water system to the boundary of Inve huron Provincial
Park and further to provide a sewage pumping chamber inside the boundary of
Inverhuron Provincial Park and a sewage force main from the ewage pumping
chamber to the Municipality's sewage disposal system;
AND WHEREAS the Minister of Natural Resources is prepa ad to repay the
Municipality of Kincardine for the costs incurred to construct th se works to an
anticipated upset limit of $614,824.00 for the extension to the municipal water
system and to an anticipated upset limit of $460,450.00 for the ewage pumping
chamber and force main including all design, engineerin and contract
administration costs;
AND WHEREAS the Municipality of Kincardine is willing to p ide servicing to
Inverhuron Provincial Park;
NOW THEREFORE the Council for The Corporation of th Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into an agreement ith Her Majesty
the Queen in Right of Ontario as represented by the Mi ister of Natural
Resources.
2. That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the Agreement with Her M jesty the Queen
in Right of Ontario as represented by the Minister of Na ural Resources,
attached to this by-law as Schedule "A". /'
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Inverhuron Park Water and Sewer Agreement By-law No. 2004 - 17
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4. This By-law may be cited as the "Inverhuron Park Wþter and Sewer
Agreement By-law". I
READ a FIRST, SECOND and THIRD time and DEEMED TO B~ PASSED this
4th day of February, 2002. ¡
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May6r
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THIS AGREEMENT made in quadruplicate this f-Of ~
,2004.
BETWEEN:
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Kincardine"
OF THE FIRST PART
-AND-
HER MAJESTY THE QUEEN in right of Ontario, as represented herein by
the Minister of Natural Resources for Ontario, hereafter called the "Crown"
OF THE SECOND PART
WHEREAS Crown is the Lessee of Inverhuron Provincial Park located at lots 2 - 10 of Bruce
Township, Bruce County.
AND WHEREAS the Crown wishes to reopen Inverhuron Provincial Park.
AND WHEREAS the Crown has made a request that Kincardine construct an extension to the
Municipal water system to boundary of Inverhuron Provincial Park; (hereinafter called the "Water
Extension");
AND WHEREAS the Crown has made a request that Kincardine construct a sewage pumping
chamber inside the boundary of Inverhuron Provincial Park and a sewage force main fÌ'Om the
above noted pump chamber to the sewage disposal system owned and operated by Kincardine;
(hereinafter called the "Sewage Pumping Station and Forcemain"
AND WHEREAS this Agreement is entered into to provide for the construction of said Water
Extension and Sewage Pumping Station and Forcemain and for the repayment of the costs incurred
by Kincardine;
AND WHEREAS Kincardine is willing to enter into an agreement to provide servicing to
Inverhuron Provincial Park
NOW THEREFORE in consideration of the covenants herein, the parties hereto agree as follows:
SECTION - 1
Definitions
1.1 In this Agreement the following terms shall have the following meanings:
(a)
"Cost of the Works" means all costs, damages, interest, expenses and other
obligations whatsoever incurred by Kincardine in carrying out its obligations under
this agreement, including without limiting the foregoing all design, engineering,
Administrative Costs and construction costs, costs of inspections, costs incurred in
obtaining necessary permits, assessments or approvals, costs of supervision,
surveying, labour, materials plus applicable Goods and Services Tax ("G.S.T'') and
provincial sales taxes.
(b) "Internal Sewage Collection System" means the sewage and liquid waste collection
system located in the interior of Inverhuron Park, including all washroom facilities
pipes, pumps, pumping stations and equipment and appurtenances thereto but
excluding any part of the Works to be constructed pursuant to this Agreement.
(c) "Internal Systems" means the Internal Sewage Collection system and the Internal
Water System.
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(d)
"Internal Water System" means the water distribution system located in the interior
of Inverhuron Park including all pipes, taps, outlets, pumps and mains, and· all
equipment and appurtenances thereto but excluding any part of the Works to be
constructed pursuant to this Agreement.
(e) "Sewage Works" means all pumps, pumping stations, mains, pipes, lines, fittings
valves, grinders, and all other equipment and appurtenances constructed or to be
constructed pursuant to this agreement.
(f) "Water Works" means all pipes, mains, loops, fittings, pumps, pumping stations,
meters, metering stations, valves, hydrants, chlorination facilities, chlorine sampling
facilities and other necessary equipment or appurtenances constructed or to be
constructed pursuant to this agreement.
(g) "Works" means the Sewage Works and Water Works constructed or to be
constructed pursuant to this agreement.
SECTION - 2 Construdion and Assumption oCWorks
2.1
Kincardine agrees to construct the Sewage Pumping Station and Forcemain and Water
Extension including all engineering, design, tendering, construction supervision, and
inspection and project management.
2.2 Crown agrees that the construction of the above Sewage Pumping Station and Forcemain
under Agreement with Kincardine shall be limited to the installation of the Main Pumping
Station and sewage forcemain as noted above.
2.3 Crown agrees that the construction of the above of the Water Extension under Agreement
with Kincardine shall be limited to the installation of the Water Extension to the property
line ofInverhuron Provincial Park, including the installation of water metering station,
valves, hydrant, chlorine residual booster station and chlorine sampling station located at
the end of the Water Extension. The Crown shall be solely responsible for the costs of the
extension of water services ttom the Park's property line to the internal portions of the
Park.
2.4 Kincardine agrees to ensure that the construction of the Works is overseen by a
Constructor, as defined in the Occupational Health and Safety Act.
2.5
Kincardine agrees to ensure that the contractor with whom Kincardine contracts for
construction of the Works names the Crown and Kincardine as an additionally insured
parties on the contractor's insurance for the duration of the project such insurance policy
shall contain such limits as to coverage as Kincardine considers reasonable in the
circumstances with waiver of rights of subrogation.
2.6 The Crown agrees that the purpose of constructing the Works is to service the proposed
facilities at Inverhuron Provincial Park with water and sewage. In the event that Crown
wishes at any time after the date hereof to introduce or expand the facilities at Inverhuron
Provincial Park, which would be serviced by the Works, prior approval ttom Kincardine is
required to ensure that a good and sufficient water supply and sewage capacity is available
to service these new facilities, and Kincardine's consent may be conditional upon
agreement by the Crown to pay a portion of the costs necessary to expand the relevant
facilities. In the event that Kincardine is unable or unwilling to provide an adequate water
supply and sewage capacity, Crown agrees that the new facilities shall not be connected
to, or serviced by, the municipal system.
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2.7 Kincardine and the Crown agree that, upon completion of construction, the Works shall be
assumed operated and maintained by Kincardine, including all Water Works and Sewage
Works structures associated with the force main as part of the municipal system. It is
agreed that the Works shall remain at all times the property of Kincardine.
2.8 Kincardine will provide design, legal survey and easement preparation as required.
2.9 Upon completion and assumption of the Sewage Pumping Station and Forcemain, Crown
may connect to the municipal owned Sewage Pumping Station through a gravity sewer
connected to a Park owned and maintained manhole, collecting forcemain and gravity fed
sewage ttom various location throughout the park, and no additional connection fee shall
be payable to Kincardine other than that provided for in this agreement and subject to
Paragraph 2.6 above.
2.10 Upon completion and assumption of the Water Extension, Crown may connect to the
municipal water system and no additional connection fee shall be payable to Kincardine
other that the costs provided for in this agreement and subject to Paragraph 2.6 above.
2.11
(a)
Crown shall continue to own, operate and maintain the Internal Water System and
the Internal Sewage Collection System.
(b)
Crown agrees that such maintenance and operation of the Internal Water System
shall be carried out in such a manner as to prevent contamination of the municipal
water system and the Water Works and that connections shall be made and
maintained in accordance with Kincardine's specifications and requirements.
(c) Crown agrees that it shall:
(i) in respect of the operation of the Internal Sewage Collection System, and in
respect of the materials and substances permitted to be introduced into the
system, ensure that the provisions of Kincardine's sewer by-laws and such
other reasonable rules and regulations of Kincardine in that regard are
complied with;
(ii) maintain. repair and replace the Internal Sewage Collection System in such
manner as to prevent the infiltration or introduction of storm water or
ground water into the system.
(d)
Kincardine shall be permitted, at all reasonable times to inspect the Internal
Sewage Collection System and Internal Water Systems to ensure compliance with
the foregoing.
(e) Kincardine may,
(i) in the event of non-compliance with the provisions of this article 2.11, and
where such non-compliance is not corrected with 30 days of written notice
to the Crown to that effect, or
(ii) without notice in the event that contarnination to the municipal water
system or Water Works occurs which Kincardine deems a hazard or
potential hazard to health
cut off or suspend access to the Works ttom the Internal Systems in question until
the problem is corrected.
(f)
In the event of damage to the Works or in the event of any emergency involving
the Works the Crown shall give notice of same to Kincardine as soon as
practicable.
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(g) It is agreed that Kincardine shall have no liability for any loss, damage or injury to
any person or property arising out of any interruption in supply of service ttom the
Works or any leakage, collapse, breakage or breakdown of the Works or any part
or component thereof, provided that Kincardine takes corrective measures as soon
as reasonably possible.
SECTION - 3
Development Costs for Water and Sewer Works
3.1 Subject to the termination rights set out in this section, Crown agrees to pay Kincardine
for the Cost of the Works to an anticipated upset limit of $460,450.00 for the Sewage
Works and to an upset limit of$614,824.oo for the Water Extension (including all design
engineering and contract administration costs for both the Sewage Pumping Station and
Forcemain and the Water Extension) per paragraph 3.3 of this agreement. Please see
schedule "A" for the actual as-tendered water costs and the current estimates of sewer
costs related to this agreement. In the event that the upset limit for the sewage works is
exceeded, Kincardine and the Crown shall share the excess costs on an equal basis.
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3.2 Prior to commencing construction Kincardine shall obtain written tenders with respect to
completion of the Works. Crown reserves the right to review and reject any or all Tender
Submission, prior to awarding of said tenders and shall indemnifY Kincardine for and
against all costs, claims, demands, fees and expenses arising ftom or related to any such
rejected tender.
3.3 Crown agrees to pay for the services and work under this Agreement as follows:
10% of all estimated Cost of Works payable 30 days after signing ofthis agreement by
both parties
70% of all estimated Cost of Works payable upon award of construction contracts
the remainder of the actual Cost of Works upon commissioning of the works.
The parties acknowledge and agree that the Water Works have been tendered and the
Sewage works remain to be tendered and that the cost for the services and work will be
ascertained upon the completion of that second tendering process.
3.4 In the event Crown fails to make any payments under this Agreement when same are due,
then any such late payment shall bear interest at the rate set from time to time by the
Municipal Treasurer ttom and including the date when same was due to including the date
of actual payment.
· 3.5 Upon connection, Crown shall be subject to and shall pay within 30 days of invoice, water
rates and applicable rates or charges for sewer services under the Municipal Rate By-laws
or such other By-laws, statutes, rules or regulations as may be applicable and as may be
amended or directed by Kincardine ttom time to time.
3.6 In respect of the usage fees provided for in section 3.5 above, sewage flows used in
determining the operating charges shall not exceed 95% of the total water consumed by
Inverhuron Provincial Park.
3.7 Kincardine reserves the right in addition to the above to provide a surcharge for any
rechlorination requirements which Ontario Parks may have in excess of the residual
operating levels identified in Paragraph 4.6.
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3.8 In addition to the Sewage Pumping Station and Forcemain construction charge, Crown
will be subject to Kincardine's Sewage Policy P.D. 5.2.. Specifically, the two following
fees shall be payable by the Crown within 30 days after the signing of this agreement:
(A) Sewage Contribution to Capital (to pay for plant capacity) in the amount of
$1,500.00 per "Equivalent Residential Unit" (ERU). The Inverhuron Project
contains the equivalent of86 ERU's and the total cost to Crown is $129,000.00.
(B) A "Contribution to Reserve" fee, equivalent to the current fee level at the time of
contract execution. As of July 2003 the level is +1-$75.00 per ERU, and the Crown
agrees to pay to Kincardine $6,450 or such other amount as may be applicable at
the time of the execution of this agreement.
(please see Schedule "A" for all estimated sewer and fixed water costs.)
SECTION - 4
Water Requirements
4.1
Kincardine agrees to provide to Inverhuron Provincial Park drinking water at capacity
required to cover the current proposed park daily and momentary demand as set out in
section 4.2 below and to a quality as described in Ministry of Environment Drinking
Water Standards.
4.2 Kincardine agrees to provide maximum daily water demand for the existing facilities,
QDaily = 128 m3/day. At other times the average use will be 65 m3/day and expected use
during the winter is 6.0 m3/day.
4.3 Kincardine agrees to provide momentary water demand for the existing facilities,
Qmomentary = 450 Umin or 7.5 Usec.
4.4 The parties agree that there is no requirement for fire protection in the park.
4.5 Kincardine agrees to provide m;n;mwn-operatíng pressure, at the water meter located at
the Park's property line, of60 psi.
4.6 Kincardine will guarantee a minimum of 0.5 - 0.7 mg/L of free chlorine residual at the
point of water meter station where the chlorine testing station will be installed. Booster
chlorination facilities are required and shall be owned and operated by Kincardine.
4.7 Kincardine will provide Engineering design, legal survey and easements as required as
part of the Cost of the Works.
4.8 Kincardine will provide project administration and construct the Water Extension ttom the
park boundary to the existing municipal system as part of the Cost of the Works.
4.9 Inverhuron Provincial Park staff have the right to request adjustment of the residual
chlorine levels entering the Park distribution system, so that residual chlorine levels in the
Park distribution system may be maintained at an appropriate level, necessary for
preservation of the water quality.
4.10 Kincardine agrees to bring the water connection to the boundary ofInverhuron Provincial
Park.
SECTION - 5
Sewage Requirements
5.1
Kincardine agrees to provide to Inverhuron Provincial Park the sewage service at capacity
required to cover the park's current peak average daily sewage flow and the parks daily
peak sewage flow, as set out in section 5.2 below.
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5.2 The Crown warrants that Inverhuron Provincial Parks peak average daily sewage flow is
128 mJ/day. This is a peak average daily flow during summer months. The average daily
flow at 50% Park capacity is 65 mJ lday and during the winter months is expected to be 6.0
mJ/day.
5.3 The Crown warrants that Inverhuron Provincial Parks peak daily sewage flow is in the
range of6.5 to 7.5 Usec.
5.4 The Sewage Pumping Station shall be designed with the inlets ttom a Crown owned
gravity sewer to a Crown owned manhole that will receive forcemain and gravity fed
sewage ttom various facilities throughout the Park.
5.5 The Sewage Pumping Station will be located near the Park office and will be operated on
a year round basis.
5.6 Kincardine will own and operate the Sewage Pumping Station and Forcemain. Crown
will grant appropriate easements on the site and for access to the facility for the purpose of
operation.
5.7 Crown will construct, own and operate all their sewage works and internal lift station
within their facility.
5.8 Electrical power for the Sewage Pumping Station is to be provided by Crown at the
Crown's cost.
5.9 Crown will provide a site plan and locations of other utilities for design purposes to
Kincardine.
5.10 Crown reserves the right to review the engineering design of the Sewage Pumping Station
and Forcemain.
5.11 Kincardine will provide design, legal survey and easement preparation as required and as
part of the Cost of the Works.
5.12 Kincardine will provide project administration and construct the Sewage Pumping Station
and Forcemain as part of the Cost of the Works.
SECTION - 6
General
6.1 Kincardine agrees to use its best efforts to complete the works by no later than Seotember
30. 2004.
6.2 This Agreement is binding on the parties hereto, their successors or assigns.
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6.3 Notice:
· All notices and other communications given pursuant to this Agreement shall be deemed
to have been properly given if delivered by hand or courier or sent by facsimile
transmission (fax) addressed to the appropriate party at the following address:
TO: The Municipality of Kincardine
c/o John deRosenroll
1475 Concession 5, RR. #5
Kincardine, Ontario
N2Z 2X6
AND TO:
Ontario Parks
c/o Bruce van Staalduinen
P.O. Box 7000
300 Water Street
Peterborough, Ontario
K9J 8M5
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Any notice or other document delivered shall be deemed to have been given or made on
the date on which it was delivered or if mailed shall be deemed to have been given or
received on the third business day following the date it was mailed.
Any party may ttom time to time designate by written notice pursuant to this section, any
other address or party to which such notice or communication may be given. Any such
notice or communication shall be deemed received when delivered or sent by fax.
6.4 Fax and Counterparts:
This Agreement (including any notice or documentation in relation thereto) may be in
counterparts and execution and delivery of the various counterparts shall constitute a valid
and binding Agreement. Facsimile copies of signatures shall be deemed to be original
signatures for all purposes and shall be conclusive evidence that counterpart of this
Agreement has been validly executed by the parties so signing and delivery of such
facsimile copy will constitute a valid and binding agreement to the extend stated above.
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6.5
Force Majeure:
Whenever and to the extent that either party is unable to perform or is delayed or restricted
in performing any obligation under this Agreement by reason of being unable to obtain
materials, goods, equipment, labour or service, strikes, lock outs, war, acts of God or any
other cause beyond its control such party shall, so long as such impediment exists, be
relieved of such obligation and the other party shall not be entitled to any compensation
for any loss, damage or inconvenience occasioned thereby.
6.6 Waiver:
Any failure by either party to insist upon strict compliance with any of the terms of
conditions of this Agreement shall not be considered a waiver of such terms or conditions
nor of the right to insist, at any time thereafter, upon strict compliance.
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6.7
Further Assurances:
Each of the parties hereto will ttom time to time at the other's request and expense, and
without further consideration, execute and deliver such other instruments or transfer,
conveyance and assignment and take such further action as the other may require to more
effectively complete any matter provided for therein.
6.8
Entire Agreement:
This Agreement constitutes the entire agreement among the parties and except as herein
stated and in the instruments and documents to be executed and delivered pursuant hereto,
contains all of the representations and warranties among the parties of any kind. This
Agreement may not be amended or modified in any respect except by written instrument
signed by both parties.
6.9
Applicable Law:
This Agreement shall be interpreted in accordance with the laws of the Province of
Ontario and shall be treated in all respects as an Ontario contract.
6.10
Severability:
In the event that any article or section of this agreement is held to be invalid or
unenforceable by a court of competent jurisdiction, such invalidity and unenforceability
shall not affect the remainder of the provisions hereof but shall be fully severable and this
agreement shall be construed and enforced as if such part had never been included in the
agreement.
IN WITNESS WHEREOF the parties have affixed their corporate seals attested thereto by their
duly authorized signing officers.
SIGNED, SEALED AND DELIVERED
) THE CORPORATION OF THE
) MUNICIPALITY OF KINCARDINE
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)Mayor of Kincardine
)Glenn Sutton
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)Chief Administrative Officer
)John deRosenroll
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) HER MAJESTY THE Qt$~ìN.J:~GHT
) OF THE MINISTER OF NATURAL ",,' '0
) RESOURCES ~ -;:,- "":~:: - ~
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Gaif'Beggs v_ -,- ?-" /. ~_'
Deputy Minister
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Schedule "A"
Municipality of Kincardine
Costing of Water Supply and Sewage Disposal Systems to Inverhuron Provincial Park
1. Water System Costing
ITEM
ERU Unit Price Total
A Pipeline 86 $5,750.00 $494,500.00
B Con1ribution to Reserve Fund 86 $300.00 $25,800.00
C Chlorination Station Net GST rebate $93,524.00 ---I
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D Meter $1,000.00
E Water Total $614,824.00
2. Sewage System Costing
ITEM
TOTAL
A Sewage Contribution to Capital $129,000.00
(86 ERU's x $1,500.00 each) --
B Con1ribution to Reserve $6,450.00 1
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C Pumping Station $325,000.00
D Sewage Total $460,450.00