HomeMy WebLinkAboutTIV 96 014 agree ont clean wate
THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NUMBER 96-14
A by-law authorizing the Corporation of the Village of
Tiverton to enter into an agreement in the form annexed as
Schedule "A" with the Ontario Clean Water Agency IO.C.W.A.)
with respect to the operation and maintenance of the
wastewater facilities located in the Village of Tiverton.
i.
WHEREAS under subsection 10(2), section 11 and subsection
63(3) of the Ontario Water Resources Act, R.S.O. 1990,
Chapter 0.40, as amended, OCWA may enter into agreements for
the provision of water service or sewage service and the
Council of a municipality may, by by-law, authorize the
municipality to enter into an agreement with OCWA for the
provision of water service or sewage service to the
municipality;
AND WHEREAS the Municipality wishes to enter into an
agreement with OCWA providing for the operation and
maintenance of the wastewater facilities located in the
Village of Tiverton, which are owned by the Municipality.
NOW THEREFORE the Council of the Village of Tiverton enacts
as follows:
1. The Municipality does hereby authorize an agreement, in
the form annexed hereto as schedule "A" (the Agreement",
with OCWA for the operation and maintenance by OCWA of
the Works owned by the Municipality as described in
Attachment "A" annexed to the Agreement.
2. The Reeve and clerk-Treasurer are hereby authorized to
execute the Agreement and any other documents and
agreements necessary or desirable to carry out the
intention of the Municipality and OCWA with respect to
the operation and maintenance of the Works by OCWA.
Read a FIRST and SECOND time this 17th day of December 1996.
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Clerk
Read a THIRD time and finally passed, signed and sealed this
17th day of December, 1996.
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14
SERVICES AGREEMENT
TillS AGREEMENT made as ofthe/~day of December, 1996,
. BETWEEN:
ONTARIO CLEAN WATERAGENCY/AGENCE ONTARIENNE
DES EAUX, a corporation established under the Capital Investment Plan
Act. 1993. chapter 23, Statutes of Ontario
AND
(referred in this Agreement as "OCW A")
THE CORPORATION OF THE VILLAGE OF TIVERTON,
(referred in this Agreement as the "Client")
BACKGROUND TO THIS AGREEMENT:
(a)
(b)
(c)
(d)
.
Her Majesty the Queen in Right of Ontario, as represented by the Minister of
Environment and Energy and its several predecessors in law (collectively referred to as
the "Crown") entered into various agreements (the "Existing Agreements") with the
Client concerning the construction, operation and maintenance of a wastewater collection
facility in the Village ofTiverton (as further described in Schedule A to this Agreement)
(the "Facility").
OCW A is the successor in title to the Crown as a result of the Capital Investment Plan
Act. 1993.
The Client and OCW A desire to enter into this Agreement for the purpose of further
clarifying and delineating their respective rights and obligations with respect to the
operation, payment and billing arrangements of and for the Facility.
The Council of the Client on the" "day of December, 1996 passed By-Law No.
9' - /4- authorizing the Client to enter into this Agreement.
NOW THEREFORE in consideration of the mutual covenants contained in this
Agreement and other good and valuable consideration the sufficiency of which is hereby
irrevocably acknowledged, the Client and OCW A agree as follows:
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ARTICLE 1 - INDEX TO DEFINITIONS
Section 1.1 - Defmitions
. In this Agreement, the following terms are defined below or in the section in which they
first appear:
"Actual Charges" is defined in Section 4.4 of this Agreement.
"Agreement" means this agreement together with Schedules A. B and C attached hereto and all
amendments made hereto by written agreement between OCW A and the Client.
"Anthorizations" means each of the sewer use and water by-laws, licenses, certificates of
approval, permits, consents and other authorizations required under any law, regulation, by-law
or government policy in order to operate the Facility from time to time.
"Authorized Representative" means each individual designated by either the Client or OCW A
pursuant to Section 2.5 to be authorized to represent it for the purposes of this Agreement.
"Business Day" means a day other than a Saturday, Sunday or statutory holiday in Ontario.
"Capital Expenditures" means the charges for all capital items in relation to the Facility,
including new or replacement equipment, any overhaul or rebuild of equipment, any non-routine
repair; maintenance (excluding day-to-day maintenance); any alterations and any associated
installation, commissioning and preselection costs, together with OCW A's service fee for
managing the project.
"Claim" means any claim, fine, penalty, liability, damages, (including, but not limited to,
damages for economic loss), loss and judgment, (including, but not limited to costs and expenses
incidental thereto) of any kind or nature whatsoever.
"Estimate" is defined in Section 4.2 of this Agreement.
"Excluded Services" is defined in Section 2.3 of this Agreement.
"Existing Agreements" is defined in the Background to this Agreement.
.
"Facility" means the wastewater treatment facility as defined in the Background to this
Agreement and further described in Schedule A to this Agreement.
"Initial Term" is defined in Section 4.1 of this Agreement.
"Managemeut Fee" is defined in Paragraph 4.6(a) of this Agreement.
"Services" is defined in Section 2.1 and further described in Schedule B to this Agreement.
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"Unexpected Expenses" is defined in Section 4.7 of this Agreement.
.
ARTICLE 2 - RESPONSmILITIES OF OCW A
Section 2.1 - Retention of OCW A
The Client retains OCW A to provide management, operation, administration and
maintenance services (as further described in Schedule "B" to this Agreement) in respect of the
Facility (the "Services").
Section 2.2 - Perlormance of Services
OCW A shall operate the Facility in compliance with all applicable laws, regulations, and
Authorizations. OCW A may temporarily cease to provide or reduce the level of provision of
Services hereunder in the event of an emergency, a breakdown or any other reason beyond the
reasonable control of OCW A; provided, however, that OCW A shall, when practicable,
endeavour to give the Client reasonable advance notice of each such occurrence.
Section 2.3 - Excluded Services
For greater certainty, the services set out in Schedule C to this Agreement are specifically
excluded ftom the Services (the "Excluded Services"). If the Client subsequently requires
OCW A to provide the Excluded Services, the Excluded Services may be provided at additional
cost to the Client.
Sectiou 2.4 - OCW A as Independent Contractor
In performing the Services, OCW A shall be acting as an independent contractor and only
to the extent and for the specific purposes expressly set forth herein. Neither OCW A nor its
employees, agents or subcontractors shall be subject to the direction and control of the Client,
except as expressly provided in this Agreement.
Section 2.5 - Authorized Representatives
.
Each of OCW A and the Client shall be entitled to designate in writing to the other one or
more individuals who shall be authorized to represent it in connection with the day-to-day
administration of the provisions of this Agreement (the "Authorized Representatives"). Each of
the parties shall be entitled to rely on the acts and approvals given by the other party's Authorized
Representative until such time as it receives a written notification of change in the other party's
Authorized Representative.
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Section 2.6 - Reportine
OCW A shall provide the following reports to the Client:
.
(a)
a facility performance report, within forty-five Business Days of the completion of each
calendar year or such other period as the Client and OCW A may agree upon.
(b) a summarized financial report on a quarterly basis indicating expenditures to date and
funds remaining; and
(c) an annual report summarizing relevant activities and maintenance operations, actual
expenditures, laboratory analyses, treatment results, water quality, sludge utilization and
safety activities and any special studies.
Section 2.7 - Indemnification of the Client
OCW A shall exonerate, indemnify and hold harmless the Client, its officers, employees
and agents ITom and against any and all Claims which may be suffered by, accrue against or be
charged to or recoverable from the Client that result ITom OCW A's negligence or willful
misconduct when performing the Services. The Client shall be deemed to hold the provisions of
this Section 2.7 that are for the benefit of the Client's officers, employees and agents in trust for
such officers, employees and agents as third party beneficiaries under this Agreement.
Section 2.8 - Insurance
OCW A shall arrange for insurance coverage of the Facility as described in Schedule B to
this Agreement. If there is a significant change in the insurance coverage described in Schedule
B, the Client will be notified of such change.
ARTICLE 3 - RESPONSmILITIES OF THE CLIENT
Section 3.1- Representations and Warranties of the Client
The Client represents and warrants to OCW A that:
(a)
The Client has the full power and authority to enter into and perform its obligations under
this Agreement, including but not limited to, the power and the authority to pay the
Estimate, the Actual Charges, the Management Fee (as hereinafter defined) and any other
costs that OCW A may incur in performing the Services, when due and payable under this
Agreement.
.
(b) The Client has passed all necessary by-laws and obtained all necessary Authorizations to
enable it to enter into and perform its obligations under this Agreement and to operate the
Facility and the Authorizations are in good standing.
4
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(c)
The Client has provided OCW A with a true copy of each of the Authorizations referred to
in paragraph 3.1 (b) above, prior to the date of execution of this Agreement, including a
certified copy of each municipal by-law and other approval required to authorize the
Client to enter into and perform its obligations under this Agreement.
.
Section 3.2 - Covenants of the Client
The Client hereby covenants for the benefit of OCW A:
(a) The Client agrees to promptly provide OCW A with any information relating to the
Facility which could have a bearing on the provision of Services by OCW A.
(b) The Client shall repair, maintain and keep in a good working state in accordance with
good engineering practice, all works that belong to or are under the control of the Client
and that collect and transmit wastewater to the Facility.
[(c) The Client shall take reasonable steps to ensure that wastewater transmitted to the Facility
complies with the Client's sewer use by-law presently in force.
Section 3.3 - Indemnification of OCW A
The Client shall exonerate, indemnify and hold harmless OCW A, its directors, officers,
employees and agents from and against any and all Claims which may be suffered by, accrue
against, or be charged to or recoverable from OCW A that are in any way connected with
OCW A's provisions of the Services or the operation of the Facility, except where such Claim is
the result of OCW A's negligence or willful misconduct. OCW A shall be deemed to hold the
provisions of this Section 3.3 that are for the benefit of OCW A's directors, officers, employees
and agents in trust for such directors, officers, employees and agents as third party beneficiaries
under this Agreement.
ARTICLE 4 - TERM PAYMENT FOR SERVICES AND OTHER CHARGES
Section 4.1 - Initial Term of Al!reemeut
This Agreement shall begin on January 1, 1997 and shall continue in effect for an initial
term of three year (the "Initial Term") and then shall be renewed for successive three year
terms unless terminated under Section 6.2.
. Section 4.2 - Estimate
No later than September 30th of each year of the Initial Term, the Agency shall prepare
and submit to the Client, for its approval, an estimate of the charges associated with the provision
of the Services for the following calendar year including a list of the Capital Expenditures
required for the operation of the Facility for the following year. The Client will inform OCW A
no later than December 1st whether the Estimate is approved (the "Estimate"). The Estimate,
5
once approved by the Client, shall be the Agency's authorization to incur the expenditures in the
Estimate. The Estimate for the fIrst year of the Initial Tenn is $23,299.
.
Section 4.3 - Payment of the Estimate
The Client shall pay OCW A the Estimate for the Initial Term, in twelve monthly
payments, in advance on the first day of each month. Each monthly payment shall be $1,941.58.
The first payment shall be due and payable on January 1, 1997. Payment shall be made by the
Client by pre-authorized debit from an account designated by the Client.
Section 4.4 - Reconciliation of the Estimate and Actual Chal'2es
At the end of each calendar year, OCW A will determine the actual charges for providing
the Services to the Client for that year (the "Actual Charges"). If the Estimate paid by the Client
for the year exceeds the Actual Charges, the Agency will pay the Client the difference within
thirty days of the Agency making the determination. If the Actual Charges exceed the Estimate
paid by the Client, the Client shall pay the Agency the difference within thirty days of the
Agency making the determination.
Section 4.5 - Other Chal'2es
The Estimate, as reconciled with the Actual Charges, includes all charges associated with
providing the Services, except for the following:
(a) OCW A's Management Fee (as described in Section 4.6 below); and
(b) Unexpected Expenses (as described in Section 4.8 below).
Section 4.6 - Manaeement Fee
(a) In addition to payment of the Estimate, as reconciled with the Actual Charges, the Client
shall also pay OCWA a fixed annual management fee of $3,100 (the "Management Fee")
for every year of the Initial Term. The Management Fee shall be paid by the Client in
twelve equal monthly installments at the same time and in the same manner as the
Estimate.
(b)
The Management Fee in any renewal term shall be as agreed by the Client and OCW A.
If the Client and OCW A cannot reach an agreement on the Management Fee for any
renewal term within six mouths of the beginning of the last year of the current term
(whether the Initial Term or a renewal term) (the "Current Term"), this Agreement will be
terminated six months from the last day of the Current Term. During this six month
period, the Client will pay the Management Fee paid for the last year of the Current
Term, as indicated above, pro-rated over the six month period.
.
(c) The Management Fee includes all additional charges prescribed by Regulation.
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Section 4.7 - Unexpected Expenses
.
(a)
"Unexpected Expenses" means unanticipated expenditures that OCW A incurs in order to
address equipment failure, acts of third parties, or other circumstances beyond OCW A's
reasonable control (such as unregulated septic dumping or illegal industrial waste
discharges), an emergency situation or other unforeseen circumstances (such as fire,
overflows and floods).
(b) In the event that OCW A is required to incur Unexpected Expenses, the prior approval of
the Client with respect to those Unexpected Expenses will be required only if time
permits. Within ten days of incurring the Unexpected Expenses OCW A will provide the
Client with a report detailing the reasons the Unexpected Expenses were incurred and the
Client shall pay OCW A for the Unexpected Expenses immediately upon receipt of an
invoice fÌ'Om OCW A.
Section 4.8 - Interest on Late Pavments
(a) "Prime Rate" means the rate of interest expressed as an annual percentage rate announced
fÌ'Om time to time by the Bank of Montrea1 as its reference rate then in effect for
determining interest rates on commercial demand loans in Canadian dollars made in
Canada whether or not any such loans are made by such bank on the day of
determination.
(b) If the Client's monthly payment of the Estimate is not available in its designated bank
account on the agreed to date of payment, OCW A will notify the Client that the funds
were not available. On the next Business Day, OCW A will again attempt to withdraw the
monthly payment. If funds are not available when the second attempt to withdraw funds
is made, OCW A will notify the Client that the payment is late, and in addition to paying
the monthly payment owing to OCW A, the Client shall pay OCW A interest at the Prime
Rate plus 3%. Interest shall accrue on a daily basis from the day after the second attempt
to withdraw funds is made.
(c) All late payments, other than those described in Paragraph 4.8(a) above, shall bear
interest at the Prime Rate plus 3%. Interest shall accrue on a daily basis fÌ'Om the date
after payment is due.
.
Sectiou 4.9 - Partial Payment of Disputed Invoices
If the Client disputes any portion of an invoice, the Client shall nonetheless pay to
OCW A the undisputed portion of the invoice by the due date. If any additional amount is finally
determined to be payable to OCW A. the Client shall pay OCW A the additional amount, plus
interest as provided above in Paragraph 4.8(c) above, within ten days fÌ'Om the date of final
determination.
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ARTICLE 5 - DISPUTE RESOLUTION
Section 5.1 - Arbitration
.
(a)
If a dispute arises between the Client and OCW A which cannot be resolved within a
reasonable time, the issue shall be determined by a sole arbitrator appointed by mutual
agreement between the Client and OCW A. Failing agreement, the issue shall be
determined by a panel of three arbitrators: one arbitrator shall be appointed by the Client
and a second arbitrator shall be appointed by OCW A. These two arbitrators shall appoint
a third, who shall chair the arbitration. The determination of the sole arbitrator or the
arbitration panel, as applicable, shall be final and binding upon OCW A and the Client
and there shall be no appeal from the determination.
(b) The arbitration shall be governed by the provisions of the Arbitrations Act.
ARTICLE 6 - EXISTING AGREEMENTS. TERM AND TERMINATION
Section 6.1 - Existine Aereements
(a) Upon execution of this Agreement, all Existing Agreements between the Client and the
Crown made under Section 63 of the Ontario Water Resources Act. R.S.O. c.0.40
entered into before the 1st day of April, 1974 are terminated.
(b) Any Existing Agreement between the Client and OCW A (except an Existing Agreement
referred to in Paragraph 6. I (a) above), shall remain in effect, except to the extent
inconsistent with this Agreement.
(c) Notwithstanding any other provision of this Agreement, all financial obligations arising
under any Existing Agreement between the Client and OCW A or the Crown, shall remain
in effect until new financing arrangernents are entered into between the Client and
OCWA.
(d) This Agreement shall not affect OCW A's responsibility to provide financing for any
expansion of the Facility under any Existing Agreement entered into after March 31,
1974, between the Client and OCWA or the Crown.
Section 6.2 - Termination of A2reement
.
(a)
At least twelve calendar months before the expiry of the Initial Term, the Client shall
notify OCW A in writing whether it wishes to renew or terminate this Agreement at the
end of the Initial Term.
(b) During the Initial Term, this Agreement cannot be terminated by either the Client or
OCW A unless:
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(i) there has been a material breach of the Agreement; and
(ii)
the party complaining of the breach has given written notice of the breach to the
other party; and
.
(iii) the other party does not correct the breach within thirty days of receiving the
notice; and
(iv) after the thirty days referred to in paragraph (iii) above has expired, the party
complaining of the breach gives the other party six months written notice of
termination.
If either party disputes the existence of a breach or that the breach is material, the dispute
may be referred to arbitration under Section 5.1 of this Agreement.
(c) After the Initial Term of this Agreement, either the Client or OCW A may terminate this
Agreement as follows:
(i) for any reason, upon twelve months prior written notice; or
(ii) if there has been a material breach of the Agreement, in accordance with the
procedure described in Paragraph 6.2(b) above.
Section 6.3 - Termination and Transfer of Land
This Agreement shall only be terminated in accordance with Section 6.2 above. If, upon
termination of this Agreement OCWA no longer operates the Facility, the following shall take
place:
(a) The Client shall arrange and pay the costs of the transfer, to the Client on an "as is" basis,
of any of the land in which OCW A has an ownership interest and which is used
exclusively by the Facility; and
(b) OCW A and the Client shall pay all outstanding amounts owing to each other under this
and any other Existing Agreement relating to the Facility.
Section 6.4 - Final Settlement
. If OCW A ceases to operate and maintain the Facility, there shall be a final settlement of
all accounts with respect to the Actual Charge, the Management Fee and any other charges
incurred by OCW A and amounts owing by the Client under this Agreement, no later than ninety
days after OCW A ceases to provide the Services.
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ARTICLE 7 - GENERAL
Section 7.1 - A2J'eement to Govern
. If there is any inconsistency between this Agreement and any Schedule to this
Agreement, this Agreement shall govern.
Section 7.2 - Headines
The division of this Agreement into Articles, Sections and Parts and the insertion of
headings are for convenience of reference only and will not affect the construction or
interpretation of this Agreement. The terms "hereof', "hereunder" and similar expressions refer
to this Agreement and not to any particular Article, Section, Part or other portion hereof and
include any agreement supplernental hereto. Unless something in the subject matter or context is
inconsistent therewith, references herein to Articles, Sections and Parts are to Articles, Sections
and Parts of this Agreement.
Section 7.3 - Entire A2reement
This Agreement constitutes the entire agreement between the Client and OCW A with
respect to the subject matter hereof and cancels and supersedes any prior understandings and
agreements between the Client and OCW A with respect thereto. There are no representations,
warranties, terms, conditions, undertakings or collateral agreements, express, implied or
statutory, between the parties other than as expressly set forth in this Agreement.
Section 7.4 - Amendments and Waivers
No amendment to this Agreement will be valid or binding unless it is in writing and duly
executed by both of the parties hereto. No waiver of any breach of any provision of this
Agreement will be effective or binding unless it is in writing and sigued by the party purporting
to give such waiver and, unless otherwise provided, will be limited to the specific breach waived.
Section 7.S - Further Assurances
Each of the Client and OCW A will ftom time to time execute and deliver all such further
documents and instruments and do all acts and things as the other party may reasonably require
to effectively carry out the provisions of this Agreement.
e Section 7.6 - Governinl! Law
This Agreement is governed by and will be construed in accordance with the laws of the
Province of Ontario and the laws of Canada applicable therein.
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SectIon 7.7- Successors and Assi2DS
.
This Agreement shall enure to the benefit of and be binding upon, the parties hereto and
their successors and permitted assigns.
Section 7.8 - Survival
All representations and obligations of the parties, including without limitation the
obligation of the Client to exonerate and indemnify OCW A, shall survive indefinitely the
termination of this Agreement.
Sec:tion 7.9 - Severability
If any provision hereof or the application thereof to any person or circumstance shall be
invalid, illegal or unenforceable, the remaining provisions or the application of each provision to
persons or circumstances other than those as to which it is invalid or unenforceable, shall
continue to be valid and enforceable.
Section 7.10 - Ontario Water Resources Act
This Agreement is subject to the provisions of the Ontario Water Resources Act, as
amended, and any legislation substituted therefor from time to time, together with the regulations
made thereunder.
Section 7.11 - Notices
Any notice, bill or other communication given by either party to this Agreement to the
other shall be deemed to have been given three Business Days after such notice or
communication is mailed in by registered mail addressed in the case of:
(a) Any notice, or other communication required or permitted to be given hereunder by either
party to this Agreement shall be in writing and shall be delivered in person, transmitted
by fax or similar means of recorded electronic communication or sent by registered
TelecopierNo., mail, addressed as follows:
(i)
if to the Client:
Village ofTiverton,
P.O. Box 130,
Tiverton, Ontario,
NOG 2TO
Telephone:
Fax:
Attention:
519-368-7860
519-368-5535
Clerk-Treasurer
.
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.
.
(ii)
if to OCW A:
Ontario Clean Water Agency
1240 Wonderland Road South,
London Ontario
N6L lA7
Telephone:
Fax:
Attention:
519-652-7027
519-652-7020
Vice President, Western Area
(b) Any such notice or other communication shall be deemed to have been given and
received on the day on which it was delivered or transmitted (or, if such day is not a
Business Day, on the next following Business Day), or, if mailed, on the third Business
Day following the date of mailing; provided, however, that if at the time of mailing or
within three Business Days thereafter there is or occurs a labour dispute or other event
which might reasonably be expected to disrupt the delivery of documents by mail, any
notice or other communication hereunder shall be delivered or transmitted by means of
recorded electronic communication as aforesaid.
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.
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Section 7.12 - Counterparts
This Agreement may be executed in counterparts, each of which shall constitute an
original and all of which taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF the parties have duly executed this Agreement.
ONTARIO CLEAN WATER AGENCY
~
Date of Signing
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Authorized Signing Officer
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY~~,:)
J . e Morris,
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By:4-)ßIfttM./
Sharon Mooser,
Clerk-Treasurer
(}441 9 1'/11
.ÁJate of Signing
Schedules: A, B, and C.
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SCHEDULE A
The F acilitv
Part 1. Description of the Facility
For the purposes of this agreement, the Facility is comprised of the following:
A sanitary wastewater collection system and two pumping stations with associated forcemains.
Part 2. Legal Description of the Lands on which the Facility is Situated
The location of the Treatment Facility is as follows:
Pumping station #1 - Block A, Plan 44, west of Maple Street, Village of Tiverton
Pumping station #2 - Lot 36, R. P. #196, west of King Street, Village ofTiverton
14
SCHEDULE B
The Services
. For the purposes of this Agreement, the following services shall constitute the services to be
provided by OCW A and are collectively referred to herein as "the Services" (Note: The
following list is as complete as possible but may not be exhaustive):
1. Operatin2 Duties
OCW A will perform regularly scheduled inspections and carry out associated operational duties
at the Facility, including all related equipment, buildings and property to ensure that the Facility
is operating effectively. Specifically, OCWA will:
Wnstewater CoUeetion
· yearly, remove maintenance hole covers and inspect for flow through, debris
accumulation, structural stability of walls and rungs, infiltration and proper benching;
· flush maintenance holes and sewers once per year with hydrant water and remove sand
and debris;
· routinely monitor wastewater collection system for infiltration, illegal connections and
illegal discharge of contaminants to system; and
· sample raw wastewater routinely
2. Day-to-Day Maintenance
OCW A will provide day-to-day maintenance of the Facility in accordance with industry
standards and equipment manufacturer's instructions. Specifically, OCW A will:
· carry out a routine lubrication program including greasing and oiling as specified in the
lubrication schedule;
· perform maintenance duties to equipment by following the preventive measures
procedures; by checking machinery and electrical equipment when required and
overhauling of equipment;
· maintain an inventory on all equipment and tools; and
· ensure the security of the project by locking doors and gates;
.
3.
Capital Improvements
· OCW A will record information on the fÌ'equency of equipment breakdown and repair
costs to determine replacement needs. Parts of the Facility requiring upgrading or
improvement will be identified and brought to the attention of the Client in accordance
with section 4.2 of this Agreement.
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4. Optimization and Compliance of Operation
.
OCW A will regularly analyze, investigate and implement measures to improve the
effectiveness and efficiency of the Facility.
The operator is responsible for ensuring an efficient operation of the process and keeping
records on a daily basis by:
Wastewater CoUeetion and Treatment
· recording and analyzing wastewater flow, electricity used;
· calculating, recording, and analyzing flows and monthly flows, pumping station running
hours;
· on a routine basis, completing the daily operating forms for statistics for computer input
and output forms and correcting the results of the output forms to ensure a proper
monitoring of plant flows and process;
· collecting samples for chemical and bacteriological analyses and ensuring that they are
shipped to the proper labs;
· ensuring that the daily operations comply with and fulfill the requirements of the
Certificate of Approval and other legal documents;
· inspecting wastewater collection system for sources of infiltration or illegal discharge of
contaminants and working with client to resolve.
5. Reoortinl!
The reporting shall include:
· an annual Facility Performance Report to include information on flows, bypasses and
sewer connections.
6. Insurance
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OCW A will arrange for the following insurance coverage in respect of the Works:
"All Risks" Property Insurance, including earthquake and flood, subject to policy
exclusions, on buildings and equipment situated within 1,000 feet of the premises,
including pumping stations but excluding underground sewer pipe system. Limits:
replacement value (as determined yearly by OCW A) with $10 million sublimit on Extra
Expense coverage and six week sublimit on Interruption by Civil Authority.
Boiler and Pressure Vessel Insurance, subject to policy exclusions. Limit: $10 million
per loss.
Comprehensive General Liability Insurance covering third party liability for property
damage and/or bodily injury caused by negligence arising out of OCW A's operations.
Limit: $10 million per occurrence.
.
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.
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. Automobile Insurance to cover; automobile liability accident benefits to a maximum of
$2 million; collision.
7.
Re21Ilatorv Matters
o OCW A will handle day-to-day regulatory requirements and contacts with regulatory
authorities in respect of operating issues concerning the Facility. OCW A will review any
inspection reports prepared by regulatory authorities that are provided to OCW A.
Subject to any approvals of the Municipality required by section 4.2 of this Agreement,
OCW A will either correct deficiencies identified in such inspection reports or negotiate
changes to the reports with the regulatory authorities.
8. Staffin2
o OCW A will staff the Facility with certified operators and other trained staff as required
by regulation under the Ontario Water Resources Act.
o All OCW A staff at the Facility have been trained for the normal process operation and
maintenance of the Facility and have also received training on how to deal with
emergency situations should they arise. Staff will continue to receive training on an
ongoing basis.
o OCW A staff are available to provide 24 hour coverage at the Facility in the event of
illness or emergencies.
9. Emerl!ency Situations and Safety
. The Facility has a contingency plan in place to deal with non-routine operational
situations and emergency situations such as spills, by-passes, overflows, hydro
interruptions and equipment failure.
o One of OCW A's safety officers regularly inspects the Facility and provides ongoing
safety training to staff.
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SCHEDULE C
. The following services will not be provided by OCW A and are considered to be
"Excluded Services" for the purposes of this Agreement:
. installation of new sewer services;
. cost for non-routine sampling and lab analysis;
.