HomeMy WebLinkAbout11 030 OSTAR Amendment Addendum By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW •
NO.2011 — 030
BEING A BY -LAW ID AMEND BY -LAW NO. 2005 -192 "BEING A BY -LAW TO
AUTHORIZE THE SIGNING OF AN AGREEMENT WITH HER MAJESTY THE
QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF
AGRICULTURE, FOOD AND RURAL AFFAIRS"
( OSTAR)
• WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality's ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS the Government of Ontario created the Ontario Small Town and
Rural Development (OSTAR) Infrastructure Initiative to improve the quality of
infrastructure in Ontario's small towns, rural communities and small cities;
AND WHEREAS with the passage of By -law No. 2005 -192 the Council of The
Corporation of the Municipality of Kincardine entered into a funding agreement
with her Majesty the Queen in Right of Ontario as represented by the Minister of
Agriculture, Food and Rural Affairs to define the terms and conditions of a
funding agreement for the upgrade of the eight municipal water systems under
the OSTAR Infrastructure Initiative;
• AND WHEREAS the parties hereby agree to amend the terms and conditions of
the funding agreement by way of the attached Addendum;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine enter into an Addendum with Her Majesty
the Queen in Right of Ontario as represented by the Minister of Agriculture,
Food and Rural Affairs.
2. That the Mayor, Chief Administrative Officer and Treasurer be authorized and
directed to sign and execute, on behalf of The Corporation of the Municipality
of Kincardine, the Addendum with Her Majesty the Queen in Right of Ontario
as represented by the Minister of Agriculture, Food and Rural Affairs,
attached hereto as Schedule "A" and to affix the corporate seal.
3. This By -law shall come into full force and effect upon receipt by the
• Municipality of Kincardine of a duly signed copy of the Addendum with the
Minister of Agriculture, Food and Rural Affairs.
...12
Page 2
OSTAR Amendment Addendum By -law
By -law No. 2011 - 030
• 4. This By -law may be cited as the "OSTAR Amendment Addendum By -law ".
READ a FIRST and SECOND TIME this 2 day of March, 2011.
M ayor Clerk a
READ a THIRD TIME and FINALLY PASSED this 2 day of March, 2011.
_gra i4nksAA D041011R
yor Clerk ts
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Ontario Small Town and Rural Development Infrastructure Initiative
Round 1- Option 1 Capital Amendment
FILE: 6292
ADDENDUM - A A
This Addendum made as of the ( 9a da y of Iv aral 2011.
BETWEEN: Her Majesty the Queen in Right of Ontario as represented by the Minister
of Agriculture, Food and Rural Affairs
AND: The Corporation of the MUNICIPALITY OF KINCARDINE
WHEREAS an Agreement dated March 20, 2006 was executed by The Corporation of the
Municipality of Kincardine and Her Majesty the Queen in Right of Ontario as represented by the
Minister of Agriculture, Food and Rural Affairs;
NOW THEREFORE the parties agree to amend the terms and conditions of the Agreement as
follows:
1. Schedule A General Terms and Conditions, Section 1 Definitions and Interpretation:
a) "End of Financial Assistance Date" should be amended by striking out "March 31,
2007" and substituting "March 31, 2009"
b) "Expiration Date" should be amended by striking out "March 31, 2007" and
substituting "March 31, 2009 ".
c) "Final Report Date" should be amended by striking out "December 31, 2006" and
substituting "March 31, 2009 ".
2. Schedule A General Terms and Conditions, Section 3 Eligible Costs:
Subsection 3.1e) should be amended by striking out "March 31, 2006" in the third line
and substituting "March 31, 2009 ".
3. Schedule "B" (DESCRIPTION OF THE PROJECT CAPITAL) is repealed and
Schedule B, as attached, is substituted.
4. Schedule "F" (FINANCIAL ASSISTANCE — CAPITAL) is repealed and Schedule "F ",
as attached, is substituted.
5. All other terms and conditions of the Agreement remain in effect.
IN WITNESS WHEREOF the parties have executed this Addendum.
4
Ontario Small Town and Rural Development Infrastructure Initiative
Round 1- Option 1 Capital Amendment
HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE
MINISTER OF AGRICULTURE, FOOD AND RURAL AFFAIRS
NAME: The H nourable arol 4itchell DATE
TITLE: Minister of Agriculture, Food and Rural Affairs
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
or\ r `L 4- ( ((
NAME: John deRosenroll DATE
TITLE: Chief Administrative Officer
Affix
Corporate
Seal
/2__ 4 a.L L.," y //
NAME: Brenda R.C. French DATE
TITLE: Treasurer
3 _ /_T"1 r rc_ L I(
Name% grr Lj <rae me r e,
Ti 1-4e: �1 ��
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Ontario Small Town and Rural Development Infrastructure Initiative
Round 1- Option 1 Capital Amendment
SCHEDULE "B"
DESCRIPTION OF THE PROJECT
OSTAR FILE #6292 THE CORPORATION OF THE MUNICIPALITY OF
KINCARDINE
WORK DESCRIPTION:
Upgrade the eight (8) Municipal water systems to comply with the Drinking Water Systems
Regulation as follows:
For the "In- Lieu" project for (Craig - Eskrick, Kinhuron, Lake Huron Highland, and Port Head
Estates Well Supplies):
1) construct 7, 630 m of 300 mm watermain to service these four (4) areas as required,
2) plus related engineering and project management.
The total eligible cost for this work not to exceed the Municipality's $463,594.50 cost for the
alternative of upgrading the four well supplies to comply with the DWSR, less the cost of
preparing the four mandatory engineering reports and raw water characterizations.
For Kincardine Water Treatment Plant:
3) modify the storage reservoir to increase the chlorine contact effectiveness and security;
4) curb high lift pump well access hatches and raise the floor drains in chemical storage room;
5) install filter to waste for each filter;
6) install static in -line mixer;
7) modify the control system to provide interlock for sump pump operation with respect to
reservoir level, chlorine residual and turbidity;
8) install additional on -line instrumentation for monitoring of turbidity, chlorine residuals,
temperature and pH;
9) provide clarification prior to filtration to eliminate turbidity problems;
10) isolate the wastewater equipment from the water treatment equipment.
For Scott's Point Well Supply:
11) install flow monitoring equipment;
12) make water reservoir modifications to increase effectiveness of chlorine contact;
13) install a standby sodium hypochlorite metering pump complete with automatic switchover;
14) install a standby sodium hypochlorite storage tank;
15) install well pump interlocks;
16) raise well casing;
17) remove the outdoor hose bibb at the well house;
18) install a backflow preventor on all service water lines in the well house and in the treatment
facility;
19) install secondary containment for the sodium hypochlorite storage tanks;
20) install a dedicated standby power supply;
21) install on -line instrumentation for monitoring of chlorine residuals complete with alarms;
Ontario Small Town and Rural Development Infrastructure Initiative •
Round 1- Option 1 Capital Amendment
22) install a continuous turbidity analyzer in each filter discharge line, complete with alarms.
For Tiverton Well Supply:
23) install flow monitoring equipment;
24) install on -line instrumentation for monitoring of chlorine residuals and turbidity in each
pumphouse;
25) install a standby sodium hypochlorite meteringpump complete with automatic switchover in
each pumphouse;
26) install a flow paced control for sodium hypochlorite feed in each pumphouse;
27) install a standby sodium hypochlorite storage tank in each pumphouse;
28) provide rechlorination facilities at the booster station;
29) install backflow preventors on all services water lines in each pumphouse;
30) install a vent in the Briar Hill well casing;
31) cap blow offs at both wells;
32) provide secondary containment for the sodium hypochlorite and polysulphate storage tanks;
33) connect floor drains to sanitary sewer;
34) modify upper terminal well construction;
35) install check valves on Dent well pump discharge.
For Underwood Well Supply:
36) install flow monitoring equipment;
37) install a storage vessel to increase chlorine contact time;
38) install a standby sodium hypochlorite metering pump and tank;
39) install spill containment for sodium hypochlorite storage tanks;
40) install on -line instrumentation for monitoring of chlorine residuals and turbidity complete
with alarms;
41) provide pump for floor drain discharge to septic system;
42) upgrade wellhead.
plus related engineering and project management
•
Ontario Small Town and Rural Development Infrastructure Initiative
Round 1- Option 1 Capital Amendment
SCHEDULE "F"
FINANCIAL ASSISTANCE
Total Eligible Costs: $4,109,247.58
Maximum Financial Assistance: $2,170,077.17
Ontario Maximum Financial Assistance: $1,369,886.17
Federal Maximum Financial Assistance: $800,191.00
The Ministry will hold back 10% of the Maximum Financial Assistance, the release of which
shall be contingent on submission of the Recipient's Final Report detailing the progress and
status of the Project and substantiating that the Project has been Substantially Performed. Such
report must contain the information required in the Final Report as set out in Section 6.4 of
Schedule "A" of this Agreement. The Ministry is not obligated to pay interest on the holdback or
any other payments under this Agreement.
OMAFRA COLLABORATES WITH RECIPIENT ON APPROPRIATE MILESTONE
SCHEDULE