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HomeMy WebLinkAboutCAO 12-11 Report To Executive Committee 1 ~KERIN Report Number: CAO 12-11 Date: September 12, 2011 137 From: Tony Prevedel Chief Administrative Officer Subject: Enhancement Projects in the City of Pickering - Southeast Collector Trunk Sewer - File: A-1440 Recommendation: 1. That Report CAO 12-11 of the Chief Administrative Officer, regarding the enhancement projects in the City of Pickering from the Southeast Collector Trunk Sewer project be received; 2. That Council approve the infrastructure, recreational and ecological enhancement projects as set out in Attachments #2 and #3 to this Report; such that Attachment #2 sets out the enhancement projects which constitute the $8.0 million of funds that are available, and Attachment #3 sets out additional enhancement projects that could be selected should the $8.0 million limit not be reached, or additional external funding for the Frenchman's Bay Harbour Entrance project not be secured; 3. That Council authorize the Mayor and Clerk to execute a Funding Agreement with the Regional Municipality of York respecting the enhancement projects, essentially as set out in Attachment #5 to this Report, in a form acceptable-to the City Solicitor and Director, Corporate Services & Treasurer; 4. That Council authorize staff to work on the implementation of the enhancement projects in the City of Pickering, as per the terms and conditions of the Funding Agreement, throughout the term of the Agreement; 5. That, notwithstanding the City's Purchasing Policy, City staff be authorized to enter into appropriate arrangements/contracts with the Toronto and Region Conservation Authority to undertake the ecological restoration enhancement projects E2, E3 and E5 at an estimated cost of $385,000, as identified in Attachment #2 to this Report; and as provided for in the approved 2011 Parks Capital Budget, project number 5780.1114; 6. That the implementation of enhancement projects be approved through the annual Capital Budget process during the period 2012 to 2017 recognizing that $3.0 million has been approved in the 2011 Capital Budget for projects that may commence in 2011; Report CAO 12-11 September 12, 2011 Subject: Enhancement Projects in the City of Pickering 138 Southeast Collector Trunk Sewer Page 2 7. That Council be advised that the Frenchman's Bay Harbour Entrance Project, approved in the 2010 Capital Budget as a 100% external grant funded project, will now require contributions from both the City of Pickering and York Region, and the project and revised funding will be reintroduced in the 2012 Capital Budget; 8. That a copy of Report CAO 12-11 be forwarded to the Regional Municipality of York, the Regional Municipality of Durham, Toronto and Region Conservation Authority, Durham District School Board, and the Durham District Catholic School Board for information; and 9. Further, that the appropriate officials of the City be authorized to take the necessary action to give effect hereto. Executive Summary: The co-proponents of the Southeast Collector Trunk Sewer (SEC) project, York and Durham Regions, have committed to providing a positive legacy to the local community most affected by the project during the SEC Individual Environmental Assessment process. Enhancements are initiatives that are beyond normal mitigation measures and are aimed at creating a lasting improvement to the environment and/or human community that would not otherwise be provided. Enhancements were recommended for the City of Pickering and the Town of Markham as both municipalities are impacted by, but do not directly benefit from, the project. The SEC Individual Environmental Assessment process created a list of recommended infrastructure, recreational and ecological enhancement projects through an extensive consultation process that included input from the public and stakeholders. Based on the list of potential community enhancements provided by York Region, staff forwarded Report OES 04-09 to the Executive Committee on January 12, 2009 with a list of City staff recommended infrastructure, recreational and ecological enhancement projects. Although the Report was endorsed by the Executive Committee, at the regular Council meeting of January 19, 2009, the Report was referred back to staff until all outstanding issues were addressed, specifically with respect to the location of the proposed odour control facility (OCF) south of Cherrywood West. In July 2010, a settlement agreement was reached between the City and York Region that resulted in Minutes of Settlement being signed that included a commitment of $8.0 million of mutually agreeable community enhancement projects for Council's approval. After the settlement agreement was reached, staff from Pickering, York, Durham, the Region's consultants, and TRCA have been working on determining appropriate enhancement projects, confirming their feasibility and preparing cost estimates. CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 Subject: Enhancement Projects in the City of Pickering 13 Southeast Collector Trunk Sewer Page 3 It is recommended that Council approve the community enhancement projects presented in this report and authorize staff to work with York Region on the implementation of these projects in the City of Pickering, and have them incorporated into a Funding Agreement between York Region and the City of Pickering. Also, with Council's concurrence, City staff will enter into appropriate arrangements/contracts with TRCA to undertake three of the twelve ecological restoration enhancements identified in this Report, notwithstanding the provisions of the City's Purchasing Policy. Financial Implications: There are no financial implications related to adopting the recommendations of Report CAO 12-11 to Council. The City will benefit from $8.0 million worth of community enhancements to be implemented over the next several years in accordance with the Minutes of Settlement and the proposed Funding Agreement. However, future operation and maintenance costs related to the enhancement projects will be the responsibility of the City of Pickering. The specific enhancement projects and their estimated implementation costs will be brought forward to Council for approval through the annual Capital Budget process. Sustainability Implications: The Enhancement Plan is consistent with the City's five sustainable objectives of_a healthy environment, society, economy, responsible development and responsible consumption, as well as the City's more recently. established Corporate Priorities. Background: 1.1 Staff prepared Report IDES 04-09 on the infrastructure, recreational and ecological enhancement projects for Executive Committee's consideration On January 12, 2009, the Executive Committee considered Report OES 04-09 (Attachment #1) on the City staff recommended infrastructure, recreational and ecological enhancement projects. The Report also provided background information and discussion on the development of an enhancement plan. Staff recommended enhancement projects that were within the $8.0 million allocated for Pickering. Although the Report was endorsed by the Executive Committee, Council referred the Report back to staff until all outstanding issues were addressed, specifically with respect to the location of the proposed odour control facility (OCF) south of Cherrywood West. In response to Council and resident concerns, a new location for the OCF was proposed and subsequently approved on the west side of York Durham Line, north of Taunton Road within York Region. CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 140 Subject: Enhancement Projects in the City of Pickering Southeast Collector Trunk Sewer Page 4 1.2 Minutes of Settlement between the City of Pickering and York Region was signed respecting the SEC and the Duffin Creek Water Pollution Control Plant In November 2009, the City initiated legal action against York Region concerning the SEC. On March 31, 2010, the Minister of Environment approved the SEC project by issuing the Notice to Proceed with the Undertaking, subject to a number of stringent conditions. The Minister of the Environment also included a commitment to enhancements in Bob Hunter Park in the Town of Markham, but no other enhancements were listed as a condition of approval. Subsequently, Council endorsed a settlement agreement between the City and York Region to not pursue or support a judicial review of the Minister's decision relating to the SEC project. Within the Minutes of Settlement is a commitment for York Region to fund $8.0 million of enhancements due to the SEC project, as well as an additional $2.32 million in enhancements in proximity to the Duffin Creek Water Pollution Control Plant as a result of the Stage 3 expansion. 2.0 Discussion 2.1 The implementation of an enhancement plan provides a positive legacy for Pickering Virtually all of the recommended enhancement projects remain consistent with York Region's commitment to leave a positive legacy for areas of Pickering impacted by construction of the SEC, and are consistent with the recent Minutes of Settlement. The Frenchman's Bay Harbour Entrance project, although not in close proximity to the SEC project, is a beneficial enhancement project for the broader City community and provides recreational, environmental and infrastructure enhancements. 2.2 A revised list of potential enhancements has been assembled by staff for consideration under the SEC project Staff from Pickering, York and Durham Region, their consultant AECOM Canada Limited, and TRCA have met frequently since October 2010, to refine staff's recommended list of infrastructure, recreational and ecological projects and the related cost estimates. A summary of all potential enhancements are outlined below. It is from this broader list that staff has created its refined list of high priority. enhancement projects in Section 2.3. CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 141 Subject: Enhancement Projects in the City of Pickering Southeast Collector Trunk Sewer Page 5 • Infrastructure enhancements are primarily located in close proximity to the planned SEC project and includes the deck replacement and widening of the Palmer Bridge on Valley Farm Road north of Finch Avenue (crossing West Duffins Creek), including sidewalks on both sides to increase pedestrian safety and convenience. Other infrastructure enhancements include local road upgrades, Valley Farm Road spot improvements, full traffic control signals at the Finch Avenue and Maple Ridge Road/Bowler Drive intersection, and an Intersection Pedestrian Signal on Finch Avenue at Spruce Hill Road. • Recreational enhancements include new multi-use trail systems within the hydro corridor,.artificial turf to accommodate soccer and football at Beverley Morgan Park, and a Natural Heritage Educational Program. It should be noted that although the construction of a new multi-use trail system in the hydro corridor from Scarborough-Pickering Townline Road to Valley Farm Road has been identified and recommended in three segments, only the segment from Valley Farm Road to Liverpool Road is recommended as a high priority. Should the other two segments not be constructed using SEC enhancement funding, staff will continue to pursue continuation of the multi- use trail in the future through other funding sources and after extensive public consultation. • Ecological enhancements include restoration of the Rouge-Duffins wildlife corridor, restoration of lands within Petticoat Creek watershed, restoration of natural areas within the hydro corridor, naturalization within Maple Ridge Park, and reconstruction of the storm sewer outfall at Pine Creek. Other ecological enhancements include funding for the City's Environmental Awareness Programs and for the Durham District School Board's scholarship program and greening projects. Funding was provided earlier for the Petticoat Creek Watershed Study that is now completed. • Hybrid enhancement (infrastructure/recreational/ecological) includes the reconstruction of the Frenchman's Bay harbour entrance. The recently completed Municipal Class EA for the Frenchman's Bay Harbour Entrance concluded that the reconstruction of the entrance would create a safe harbour entrance that supports the marine functions of the Bay while preserving and enhancing the'ecological conditions of the Bay. Since the Frenchman's Bay Harbour Entrance project is not within the SEC study area boundaries, it was not included in the previous list of potential enhancements. However, it is a desirable project for the City to implement and will benefit not only residents within the study area, but all of the residents of the City of Pickering, and visitors to our waterfront. In recognition of the infrastructure, environmental and recreational benefits to the City as a whole, staff is recommending that partial funding for this CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 142 Subject: Enhancement Projects in the City of Pickering Southeast Collector Trunk Sewer Page 6 estimated $9.0 million project be added to the list of high priority enhancements in Attachment 2, and be categorized as a hybrid project. Approximately $1.5 million has been allocated for this project from the SEC enhancement projects funding, with the balance being provided from a future shared municipal/provincial/federal funding program. The Frenchman's Bay Harbour Entrance project was approved in the 2010 Capital as an $8.0 million projected to be funded by a $4.0 million Federal grant and a $4.0 million Provincial grant. Staff is now recommending that the project be funded equally by the three levels of government as stated above, with Pickering's share being offset by a contribution from York Region through SEC enhancement project funding. It must be acknowledged, however, that should a municipal/provincial/federal grant program not be announced within the time frame of the enhancement plan, or the project not be accepted through a grant application, that the $1.5 million of SEC funds allocated for the project will be used for other enhancement projects as set out in Attachment #3 and subject to further Council approval. A map showing the location of all high priority and other enhancement projects is included as Attachment #4. 2.3 City staff have ranked all potential enhancement projects and their associated costs under three categories - high, medium and low priority The total estimated cost of all the potential enhancement projects exceeds the $8.0 million program allocated for Pickering. The enhancement projects have been evaluated by staff and have been ranked into three categories - high, medium and low priority. The enhancements that provide the highest benefit to the community are listed as high priority in Table 1 (see Attachment #2) and have a total estimated cost of $8.0, million. The medium and low priority enhancements are listed in Table 2 (see Attachment #3) and have a total estimated cost of $5.015 million. The following chart (Summary of Table 1) indicates staff's recommendation to . Council of the high priority enhancement projects and their associated cost estimates which total $8.0 million. CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 1 A. 3 Subject: Enhancement Projects in the City of Pickering Southeast Collector Trunk Sewer Page 7 Summary of Table 1 High Priority Enhancement Projects and Estimated Costs Infrastructure Enhancements Estimated Cost 11 Palmer Bridge Deck Replacement (widening) $2,185,000 12 Upgrade of Local Roads (Rosebank Road) 450,000 13 Intersection Pedestrian Signal (Finch Avenue at Spruce 100,000 Hill Road) 14 Upgrade of Local Roads (Third Concession Road) 490,000 Subtotal 3,225,000 Recreation Enhancements R1 Multi-Use Trail (Valley Farm Road to Liverpool Road) 425,000 R2 Soccer/Football Field Upgrade at Beverly Morgan Park 1,435,000 Subtotal 1,860,000 Ecological Enhancements. E1 Restoration along West Duffins Creek and Trail 85,000 E2 Restoration of Rouge Duffins Corridor 150,000 E3 Restoration of Lands within Petticoat Creek Watershed 175,000 E4 Naturalization of Maple Ridge Park 25,000 E5 Restoration on TRCA lands near Townline Road 60,000 E6 Pine Creek Outfall Reconstruction 500,000 E7 Funding for Environmental Awareness Programs 100,000 E8 Southeast Collector Scholarship Fund 200,000 E9 School Board Enhancements (green projects) 100,000 E10 Petticoat Creek Watershed Action Plan * 20,000 Subtotal 1,415,000 Hybrid Enhancement H1 Frenchman's Bay Harbour Entrance Reconstruction 1,500,000 Total 8,000,000 previously funded The following chart (Summary of Table 2) indicates staffs recommendation to Council of the other remaining enhancement projects and their associated costs, listed in Table 2 (see Attachment #3). If the external additional funding that is required for the Frenchman's Bay Harbour Entrance project is not secured by December 31, 2014, or if the actual cost of the completed high priority projects is less than estimated, projects from Table 2 will be selected and recommended to Council for approval to meet the $8.0 million commitment. If the actual cost of the enhancement projects in Table 1 CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 1ubject: Enhancement Projects in the City of Pickering Southeast Collector Trunk Sewer Page 8 exceed the $8.0 million commitment, either one or more of the projects will not be undertaken, or additional funds from the City will be required, subject to Council approval. Summary of Table 2 Other Enhancement Projects and Estimated Costs Infrastructure Enhancements Estimated Cost 15 Upgrade of Local Roads (Scarborough/Pickering Townline $ 900,000 Road) 16 Valley Farm Road/Palmer Bridge Area Enhancements 570,000 (minor widening to accommodate bike lanes and sidewalk) 17 Traffic Flow Improvements at Maple Ridge Drive and Finch 635,000 Avenue 18 Valley Farm Road/Palmer Bridge Area Enhancements 260,000 (replace gabion basket wall north of Bloomfield Court) 19 Valley Farm Road/Palmer Bridge Area Enhancements 215,000 (improve sight distance at Bloomfield Court) Subtotal 2,580,000 Recreation Enhancements R3 Multi-Use Trail (Liverpool Road to Whites Road) 860,000 R4 Multi-Use Trail (Whites Road to Townline Road) 1,400,000 R5 Natural Heritage Education Programming 25.000 Subtotal 2,285,000 Ecological Enhancements E11 Restorations of Areas in Proximity to Multi-Use Trail 90,000 (Liverpool Road to Whites Road) E12 Restorations of Areas in Proximity to Multi-Use Trail 60,000 (Whites Road to Townline Road) Subtotal 150,000 Total $5,015,000 2.4 A Funding Agreement with York Region respecting the enhancement projects is required York Region has committed to an upset amount of $8.0 million for community enhancements in Pickering due to the SEC project. Pursuant to this CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 14 Subject: Enhancement Projects in the City of Pickering Southeast Collector Trunk Sewer Page 9 commitment is the requirement for York Region and the City to execute a Funding Agreement (see Attachment #5 - Draft Funding Agreement). The Draft Funding Agreement has been reviewed and discussed amongst the parties but is still being negotiated. Once the Funding Agreement is in a form acceptable to staff, the Mayor and Clerk will be able to execute the Funding Agreement with York Region respecting the community enhancement projects. 2.5 In recognition of TRCA's knowledge and experience, staff recommends that TRCA be retained by the City to undertake certain ecological restoration enhancements identified in Table 1 Three of the ecological enhancement projects are located on TRCA lands and within the Rouge-Duffins Wildlife Corridor. The restoration of the natural areas support the corridor's function as a vegetation connector between the Rouge and Duffins Valley systems. TRCA's Restoration Services Section has considerable knowledge, experience and success in undertaking restoration projects in Pickering and elsewhere in the Greater Toronto Area. TRCA staff are professionally trained in the field of terrestrial and aquatic habitat restoration. The City of Pickering's purchasing policy requires that formal quotations or tenders be called for the provision of goods and services at the proposed dollar value for these works. Based on TRCA's experience and expertise, and their involvement in the feasibility analysis and cost estimation of the ecological restoration enhancements, staff is recommending that Council provide authorization to retain TRCA to undertake the restoration works identified in E2, E3 and E5 of Table 1 at a cost not to exceed $385,000. City staff would review, approve and manage the required works to be performed by TRCA, and issue payment upon satisfactory completion. Both the Director, Community Services and Director, Corporate Services & Treasurer have- been consulted with regard to this matter and concur with this recommendation. All other ecological enhancement projects would be procured in adherence to the City's Purchasing Policy. Although the Frenchman's Bay Harbour Entrance project will occur on lands that are in the process of being transferred to TRCA by the Pickering Harbour Company, there is no commitment at this time that the construction will be undertaken by the TRCA. 2.6 A portion of the SEC Funds has been allocated to the Durham District School Board and the Durham Catholic District. School Board to establish a SEC Scholarship Fund and to assist in greening projects CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 146 Subject: Enhancement Projects in the City of Pickering Southeast Collector,Trunk Sewer Page 10 For enhancement projects E8 and E9 of Table 1, approx $150,000 has been allocated to each of the two Durham District School Boards (total of $300,000) for schools in Pickering to establish a SEC Scholarship Fund and to fund greening projects developed and undertaken by individual schools. York Region are agreeable to having a scholarship funding agreement executed by the four parties (York Region, City of Pickering, and the two District School Boards) for the scholarship fund. Our initial review of the draft scholarship funding agreement suggests that the City's role is simply administrative in nature, in order to flow the funds from York Region to the School Boards. Our recommendation is that York Region include both the E8 and E9 projects in one funding agreement directly with the School Boards and not include the City as party to the agreement. These discussions with York Region and the School Boards are still ongoing. 2.7 Funding for the Petticoat Creek Watershed Action Plan has been received from York Region In 2009, the City of Pickering received a funding contribution of $20,000 from the SEC Project as flow-thru funding for the Petticoat Creek Watershed Action Plan being undertaken by TRCA. The City also contributed $10,000 toward this Action Plan earlier in 2008. A draft of the Watershed Action Plan for Petticoat Creek has been prepared and is currently under revision. 3.0 Next Steps Council's approval of the enhancement plan will enable staff to collaborate with York Region on implementing the projects planned for the 2011 to 2017 time period. It is recommended that staff be authorized to finalize the Funding Agreement with York Region respecting the enhancement projects. With Council's concurrence, City staff will enter into appropriate arrangements/contracts with TRCA to undertake the ecological restoration works identified in this Report. In order to communicate Council's acceptance of the community enhancement projects, staff will prepare a media release, have information available on the City website, and display information boards in the lobby of the Civic Complex. City staff will provide periodic update reports on the status of the SEC enhancements as milestones are reached, during the Capital Budget process in future years, and through Reports to Council to award tenders related to enhancement project delivery. CORP0227-07/01 revised Report CAO 12-11 September 12, 2011 ~ Subject: Enhancement Projects in the City of Pickering 47 Southeast Collector Trunk Sewer Page 11 Attachments: 1. Report OES 04-09 (without attachments) 2. Table 1 - High Priority Enhancement Projects 3. Table 2 - Other Enhancement Projects 4. Map of SEC Enhancement Projects 5. Draft Funding Agreement Prepared By: Approved/Endorsed By: AM~kAAAPUI~~ Grant McGregor, MCIP RPP Eve Bunts a, NPD, CMM Principal Planner - Policy Director, Community Services Manager, Policy Ric and W. Ho orn, P.Eng Neil Carroll, P vision Head, Engineering Services Director, Planning & Development Gillis A. Paterson, CMA Director, Corporate Services & Treasurer GM:RH:ds Attachments Recommended for the consideration of Pickering Cit Council 2l, Lot/ Tony Prevedel, P.Eng Chief Administrative Officer CORP0227-07/01 revised 14 8 ATTACHMENT# L TO~REPORT# C.AO Iz-1I cf City, REPORT TO Ayftaakl~ EXECUTIVE COMMITTEE PICKERING Report Number: OES 04-09 Date: January 12, 2009 From: Everett Buntsma .Director, Operations & Emergency Services Subject: Southeast Collector Trunk Sewer Individual Environmental Assessment Enhancement Projects in the City of Pickering File: A-1440 Recommendation: 1. That Report OES 04-09 of the Director, Operations & Emergency Services and the Director, Planning & Development, regarding the enhancement projects for the Southeast Collector Trunk Sewer be received; 2. That Council endorse the ecological, recreational and infrastructure enhancement projects as set out in Attachment #2 to Report OES 04-09; 3. That Council authorize staff to work with York Region on finalizing and implementing the enhancement projects in the City of Pickering; and 4. That a copy of Report OES 04-09 be forwarded to the Region of York, Region of Durham, Toronto and Region Conservation Authority, Durham District School Board, Durham Catholic School Board, and Rouge Park Alliance for information. Executive Summary: In February, 2006, the. Minister of Environment approved Terms of Reference (ToR) for the Southeast Collector Trunk Sewer (SEC) project. The ToR required a mitigation plan as well as the development of an enhancement plan as part of the Individual Environmental Assessment (IEA) process. Enhancements are aimed at creating a lasting improvement to the environment and/or human community that would not otherwise be provided through the IEA process. The co-proponents, York and Durham Regions, have committed to providing a positive legacy to the local community affected by the SEC project through an enhancement plan. The SEC process. solicited ideas from the public and stakeholders on ecological, recreational and infrastructure enhancements through extensive consultation process with City of Pickering staff, community associations, school boards, Toronto and Region Conservation Authority, Rouge Park Alliance, and individual citizens. City staff also prepared and submitted a preliminary list of potential enhancements to the co- proponents in February, 2008. The list was submitted with the understanding that it could be altered or added to by Pickering Council. ATTACHMENT #--L TOREPORT# 149 Z Report OES 04-09 of January 12, 2009 Subject: Southeast Collector Trunk Sewer Individual Environmental Assessment Enhancement Projects in the City of Pickering Page 2 On November 20, 2008, York Region Council adopted a report outlining recommended . enhancement projects for the SEC with an approximate expenditure of $15 Million ($8 Million in Pickering). Of the 39 recommended ecological, recreational and infrastructure enhancements, 24 enhancements are to be located in Pickering, however, several key enhancements provided by City staff to the co-proponents were not included. The report also recommended a separate commitment to the Duffin Creek Water Pollution Control Plant Stage 3 Expansion Greening/Biodiversity Plan at an estimated cost of $350,000. That commitment is not discussed further in this report and will be reported on at a later date. Subsequently, City staff met with the co-proponents to review, discuss and revise the recommended enhancement projects for Pickering. The ecological enhancements recommended within the Seaton Natural Heritage System were requested to be deleted as they are more appropriate for consideration in the context of the Natural Heritage System Management Plan process. The removal of the ecological enhancements provided staff with the opportunity to add several key infrastructure projects including the reconstruction of the Palmer Bridge on Valley Farm Road, improvements to the Beverley Morgan and Maple Ridge Parks and to shift the proposed pedestrian bridge over Duffins Creek to a location in Brockridge Park. In staff's opinion, these infrastructure projects are in closer proximity to the SEC route, promote community connectivity and do not exceed the $8 Million program initially allocated for Pickering in York's report. It is recommended that Council endorse the revised enhancement projects recommended by staff and authorize staff to work with York Region to refine the enhancement projects in the City of Pickering, and have them incorporated into an agreement between York Region and the City of Pickering. Financial Implications: None to adopt the recommendations of this Report to Council. If approved, the Enhancement Plan would result in a value of approximately $8 million of enhancement projects being undertaken in the City of Pickering. Sustainability Implications: The Enhancement Plan is consistent with the City's five sustainable objectives of a healthy environment, society, economy, responsible development and responsible consumption. CORP0227-07/01 revised ATTACHMENT#___ TOREPORT# ~/-~D la-I 0 Report OES 04-09 °---0t g January 12, 2009 Subject: Southeast Collector Trunk Sewer Individual Environmental Assessment Enhancement Projects in the City of Pickering Page 3 BACKGROUND: 1.1 The Region of York was required to carry out an IEA for the Southeast Collector Trunk Sewer from 9th Line in Markham to Valley Farm Road in Pickering In October, 2004, the Minister of Environment informed York Region that an Individual Environmental Assessment was required for the remaining unfinished sections of the York-Durham Sewage System (YDSS) including the Southeast Collector Trunk Sewer project from 9th Line in Markham to Valley Farm Road in Pickering. As the Regions jointly own and operate the existing SEC Trunk Sewer, York and Durham Regions agreed to be co-proponents for the SEC Trunk Sewer IEA. 1.2 A commitment was made to the Province to develop an enhancement plan as part of the SEC Individual Environmental Assessment process In February, 2006, the 'Minister of Environment approved the Terms of Reference including not only the requirement for a mitigation plan but also stipulating development of an enhancement plan as part of the Individual Environmental Assessment process. Infrastructure projects such as the SEC are required to mitigate adverse effects on the environment or compensate for the adverse effects. Mitigation measures are used to avoid the adverse impact where possible, minimize the adverse impact if it cannot be avoided, or rehabilitate/restore the environment after construction. Enhancements are initiatives that go beyond mitigation and compensation measures to create improvements to the environment and/or human communities that would not otherwise be provided through the EA process.. The co-proponents have committed to providing a positive legacy to the local community affected by the SEC project through the formulation of an Enhancement Plan. 1.3 The SEC project included an. extensive public consultation process to solicit input on enhancements To develop the enhancements, the SEC process included extensive consultation with local community groups, stakeholders and agencies on Ecological, Recreational and Infrastructure Enhancements (ERIE). Consultation in Pickering included the following: • Project website • Project phone hot-line • Resident outreach held in late August/early September 2007 CORP0227-07/01 revised ATTACHMENT #:__L_ TO~REPORT#O' I)-11 Report OES 04-09 mot January 12, 2009 Subject: Southeast Collector Trunk Sewer Individual Environmental Assessment Enhancement Projects in the City of Pickering Page,4 • A series of Neighborhood Sessions held in late November/early December 2007 • Newsletter • Two Public Information Sessions held on April 15 and 17, 2008 This process also included several meetings with community associations, school boards, Toronto and Region Conservation Authority, individual citizens, stakeholders-, Pickering staff and agencies. Public consultation was focused along the recommended preferred route which would be most impacted by project construction. 1.4 A preliminary list of twenty potential enhancements was submitted to the co-proponents for consideration At a meeting held on January 25, 2008, the co-proponents informed City staff of the selection approach to be used for the enhancement plan and requested a preliminary list of enhancements. City staff submitted a preliminary list of twenty potential enhancements for consideration. This list was also distributed to Mayor and Council as CAO Correspondence (CAO-07-08) dated March 14, 2008. Further CAO Correspondence (CAO-54-08) dated November 25, 2008 advised of _ the near completion of the SEC project and provided additional information on the enhancements. 1.5 York Regional Council adopted Report No. 9 of its Transportation and Works Committee regarding enhancements projects for the Southeast Collector Trunk Sewer On November 20, 2008, York Regional Council adopted Report No. 9 of its Transportation and Works Committee regarding enhancements for the SEC. Many of the enhancements were not detailed in the report; however, an approximate expenditure of $15 Million ($8 Million in Pickering) was identified and recommended (see Attachment #1 - Recommended Enhancements). The report also recommended a commitment to the Duffin Creek Water Pollution Control Plant Stage 3 Expansion Green ing/Biodiversity Plan at an estimated cost . of $350,000. That commitment is not discussed further in this report but will be reported on at a later date. A copy of Report No. 9 (CORR. 113-08) was provided to Council on December 15, 2008 by the City Clerk. CORP0227-07/01 revised 5 2 ATTAC HMENT#..-..' TOREPORT# CaQ lo~'I ) Report OES 04-09 of g January 12, 2009 Subject: Southeast Collector Trunk Sewer Individual Environmental Assessment Enhancement Projects in the City of Pickering Page 5 DISCUSSION 2.1 The development and implementation of an enhancement plan provides a positive legacy for Pickering The enhancements planned under the SEC project will leave a positive legacy for areas of Pickering impacted by construction of the trunk- sewer. The magnitude of the enhancements proposed by York Region are considered reasonable in light of the Memorandum of Understanding signed between the City and York Region regarding the expansion of the Southeast Collector and Duffin Creek WCP. 2.2 The replacement of the Seaton _ ecological enhancements with key infrastructure enhancements provides greater. positive improvements to the environment and community A number of ecological enhancements such as creating snake habitats and enhancing swamp habitats were identified on Provincially owned lands in the Seaton Community. Subsequently, a meeting was held with the co-proponents and their consultants to review and discuss the SEC project list of enhancements for Pickering. Staff advised the co-proponents that the ecological enhancements in Seaton should be not be provided through the SEC p roject as they are considered as elements of the Province's Natural Heritage System Management Plan. Staff's comments on York Region's enhancement list are provided in Attachment #1. 2.3 A revised list of enhancements are recommended by staff for consideration under the SEC project Removal of the ecological enhancements in Seaton provided staff with the opportunity to add several key enhancements projects that provide greater positive improvements to the environment and community. These additional enhancements are within the $8 million program initially allocated for Pickering (see Attachment #2 - Recommended Enhancements). Attachment 93 shows the location of the recommended ecological, recreational and infrastructure enhancements. A summary of the enhancements are outlined below: Ecological enhancements include restoration of the Rouge-Duffins wildlife corridor, restoration of streams in Petticoat Creek, reforestation of the Nu West ravine, and assistance with funding of the Petticoat Creek Watershed Study. A Whitevale Drainage Study to address local flooding and stormwater conveyance problems is added to the list. CORP0227-07/01 revised AT M:ACHMENT#- ~ TO REPORT# i 140 1,1 ~ 153 Report OES 04-09 of g January 12, 2009 Subject: Southeast Collector Trunk Sewer Individual Environmental Assessment Enhancement Projects in the City of Pickering Page 6 Recreational enhancements include existing trail system extension for the Seaton Trail, new multi use trail systems in the hydro corridor, and consideration of "buy locally" tendering clause for the SEC project. An enhancement for artificial turf to accommodate soccer and football at Beverley Morgan Park in lieu of soccer fields on Provincially owned lands located south of the Third Concession Road, west of Valley Farm Road is recommended. Infrastructure enhancements are primarily located in close proximity to the planned SEC project and include traffic flow, pedestrian and streetscaping improvements on Finch Avenue, and full traffic control signals at the Finch Avenue and Maple Ridge Road/Bowler Drive intersection. A strategic enhancement being recommended is the reconstruction of Palmer Bridge on Valley Farm Road north of Finch Avenue (crossing West Duffins Creek) including sidewalks on both sides to increase pedestrian safety and convenience. 2.4 A portion of the funds allocated to the Durham District School Board should also be used to assist the City in upgrading facilities within two parks (Maple Ridge Park and Beverley Morgan Park) adjacent to schools On York Region's recommended enhancement list, approx $130,000 has been allocated for Durham District.School Board enhancements such as landscape improvements to school properties. Adjacent to the Maple Ridge Public School and Pine Ridge Secondary School are two City parks that are currently used by students and other community residents. Maple Ridge Park has a soccer field, baseball diamond and tennis courts in need of repair and. upgrade. Beverley Morgan Park has similar deficiencies and also requires bleachers to be replaced. Staff is recommending that the co-proponents allocate a portion of the School Board's funds to assist in the upgrading of these facilities within the two parks. 2.4 Funding for the Petticoat Creek Watershed Strategy has been received from York Region The City of Pickering requested consideration of a funding contribution of $20,000 from the SEC Project for a strategy for the Petticoat Creek Watershed being undertaken by the Toronto and Region Conservation Authority (TRCA) The City also contributed $10,000 toward this Strategy earlier in 2008. The co- proponents have accepted the City's request for a contribution toward the Petticoat Creek Watershed Strategy and subsequently, forwarded the funds to the City for this project. These funds have been forwarded to the TRCA. CORP0227-07/01 revised 154 ATTACHMENT 4-L TO REPORT# C140 Report OES 04-09 ot- January 12, 2009 Subject: Southeast Collector Trunk Sewer Individual Environmental Assessment Enhancement Projects in the City of Pickering Page 7 2.5 The revised list of enhancements is consistent with the commitment made by the co-proponents to the Minister of Environment to leave a positive legacy for Pickering Formal EA approval of the enhancement plan is not required as the co- proponents have satisfied the commitment made to the Minster of Environment to develop an enhancement plan. Pickering's list of enhancement changes remains consistent with the principle of leaving a positive legacy for the community. It is also the co-proponents' intention to continue to refine the enhancement plan in consultation with the City and other stakeholders following EA approval of the SEC project. 3.0 Next Steps Council's endorsement of the revised list of enhancements will enable staff to collaborate with York Region on refining and implementing the projects planned for the 2010-2012 time period. In the future, a formal agreement with the Regional Municipality of York respecting the final enhancement projects will be required. Attachments: 1. York Region Recommended Enhancement Projects 2. City of Pickering Recommended Enhancement Projects 3. Map of City of Pickering Recommended Enhancement Projects CORP0227-07/01 revised ATTACH MEN!'#-_ - TO REPORT# C OO (2-11 155 Report OES 04-09 of-~.-- January 12, 2009 Subject: Southeast Collector Trunk Sewer Individual Environmental Assessment Enhancement Projects in the City of Pickering Page 8 Prepared By: Approved/Endorsed By: Grant McGregor, MCI R RPP Neil Carr , RPP Principal Planner - Policy Director, Planning & Development 7 Y-hard W. olborn, P.Eng. Everett untsma, n Head Director pal Property & Engineering Operations & Emergency Services RH/GM:ds: Copy: Chief Administrative Officer Recommended for the consideration of Pickering City cil , ~i as J. Q Vin, RD CMM III Chief Admini tive Officer CORP0227-07/01 revised I ATTACH MENT#--.L- TO REPORT# C RO la' ~ ~ of /0 6 15 _ U) s N r = m d H N = a' LL c i OLE _ .p 0 7 0 p~ 7 F- d d IM 4) J9 W O C O CD H p 0 L. 0 U. LL Q CL , 0, ~ c~- Y >,e~a ~ o• o ~o = F-O yca C4 s W V U >U N W 'v d O d0 ~ 4) O o C c~ 2 Q.o 4) 0 Q. ai E~ m E~ a` (LW 0c0 ~o¢c°>a i w c H ~ 4) ~ o d C1 Q o ~ c o -a c HN ao ,o i W V 40 d N w m c c > o o d C .O N N n 4) cc >O c 's 7 > V f6 E O O O Y = N Q O L B o N E U) 75 a~ o Z -a rn 0 ca cc _5 O W .c E ° c c~ CD c O U ZT a ca rn o p c F co •L (q LL C o o -0 co z Z N L N Y 'O O d a W W N Q -a a) o v L s.+ s W w > co - co O cn 2 Z Z o a) o> cu N = Q o O U a~ 0 comas o W Z 4) ca S-0 N -Np O O N W Y O c Q (D 0, N W v L c- Lo E a) W N c c 0) :3 W v Q) US C o Q N L -0 cc c QU 3=.= 0 Y'` 3 c m O N ° a co c O O c c ` E 'E (D L ED m L- 0 U) 0 A AA mA A CL 0 a) Z a ~ 0A MA A O r N Z - - ATTACHMENT# 'Z TO REPORT# CID 12-11 - of --LO- E 20 7 U) 0 O N G1 O C d= V > V A ~ C. O Y. Q,0 L s p=M = AC. ea -a ca m CL U) ~ Z O L N y d d N_ m ~ Y W 'y w L 0 r- 'Q N CD L O p s d y U Q U- 4) CL CD 0 Q2 U 4) G) d ` 4) ~o Ot C. o A~ f-O 21) = m ~a ot. ~N O1r o ss cnv ~*J 4)" 3~ 3 >+w = U) C.) .0 4) aQ _ 4) > ~t eva V 0 d 7 C ea s -O 2 V Q 2 O 3 C. d C• O s O 2).E O ma C. L d as O O M ~ V 0 U- ~ .E m CL 5 O D 0 C. A A o c c p ~ °o m CD oo as ° Q Q V = p V = N ~F o 0 = N y0 ca z ° CW) O V CW) O M W U V EA V if? L d ' O L 4) CL N LL N t~ G O co) CL = 0 tm p Q a+ O (D E U O 0~ 4) =3 c cu U) ` C 'O N i E Q Q O ~O 0 r a) 3: -0 V ~ U O O O O ~ v s W c c rn -0 0 4) c: 75 a Q c N d v U) ".3 .O - V cn m N = ~ p Z o a = 2 0 o ea • = O O U t d U. N cn V m s W o N 'a c O v O U O c c t N > t fa co) m = Q Cf D 2 ~ "O > O c = o ca O N W z = i O O O E W cu m ` U L C r c c o rn in- cn r v N C 7 N M CL "m cu ^ J c 3: c O c U c cn N O E V> v c = O O ~ O O O U V N Of O C a-2 Q c . c H Q- w n i •a ca co O d cU) cQQ Q c~ U~ = DA mA DA MA A N O Z M ATTACHMENT #--L- TO REPORT# CA 0-If L O r 'a ch d ~ Q O ~ ~ ~ O W v N N 'a ea O_ O •O Z C ` ` 'Q W Ow Ct~ m c tip ~O m. 00 LL. qe 4 CD b- 0 E U) 0 co 0 =O ca r a` 00 • _ .0 r- O L H y O 4) O 0 ca to O v O a~ H=~ N Q= d ~ v W = Q p, d ~ N 0 V C W) O W V r V d ~O V c co Y c F E Q _ . E to Q. O O E I Q ~ c c-0 IL Y U U Y = ca N U C d 0~ O ` N.~ _ cn U d i~ r O co ca c p E U) _ U V t W I •x _0 c d O cu C a) ca cn c OW vC. o~ °-rn Lc U a •LeQa a~ ca ca cao 0_, cam c -0 U m.1- z U) w a O s 2 z EQ-~a> cam c W W a(D U cn Z_. > c O Am z Cc LL co) 0 Q (D Q Q N2 v 0 CL W C ?o~~a? ccaE Z z cace% ) W = 0 > O c V `0c C. >mca z m° oV ca E o m cu'o 4-- . _ CA a cc •D 7 U J Q Q O co >'•E 5 E Z • = N U U 0 E c *21 E (1) U c O co r- L- a) cn L) co) U E U U Q d m O C -0 U r W T Q 5 L p p cu V N V N cc n..~` Fes- (n ~A A mA O ~ Z ATTACHMENT#TO REPORT# of to 159 ~ ° d ~ = O m m H H 4) Z r~ W O C) 0 d N U om ~ Q4' C O t C Q2 70 O 0Z = v ch w HO Nv N O O O L. t: t -W p = 3 Q > C O Y L O a o = t > V CL W CL W w L ~ i W °oc H ~0 Q L c c °o 1- m co :w o H.2,0- 00, c L w0 cW O r ER co W V d m c (n CA :3 T o ~ ~ cc (D CD -c M co cc m U) (L -co cm - " cd a 0(n 1 4) o°~ `Ua- ` N _ m U co m F' U a) U) c (`6 C U Q N c0 C c O C O tm ~ E N 0 f6 ca ca O U U (n rn O d -0 Q co E Co -0 co 0 0 .2 6. Ica xc CL (aa) ca c4)4) OW L) CL 0 CL (D 0 cn o a) ~O Z m coo tea) > WMo m(a L. 2 m c72 cc d y z >~a oc'(a ~t W d cmo a•~ v H o c U W C cn 2 Z T 0-0 °cc w O U) i7L c 4) a°i o 2 2 3: (D 0 (D 0 (1) W V m e 4)) o c' 4- z L -w :2 (D co m U. m° 40 a) O = a ca E c m (D (D w C - ca a) D ~ C c0 m cc d Q O-0 O Q N (n H 0 C V c: Lp C U a) mc cu O c co c a) ~ O ~ c cc cu - - cu ca a) 0 O Y F i T co Cc U. c c QED a) o-0 O O ~("n ° a~ Lr- r- v vvia cl- O H W NWUO ca!OW d U) DA MA U) W ~C) DA A MA A 04 Z w I 160 ATTACHMENT#~TOREPORT# S L R = LO Z c 0 m e c o ea d r = O as H j 3 am 3 N. Q p N! t C CL 4) Q0 ~G = V c = V C) ' c O c w E v L N E 0 V i d V d H1 o0 c3Q ~QO c3 Q > CL IOU CL M 4) Q 4) mI 3 c.>~ CL IX W ~H JH C. W ~H G ~ O O Q CD O co U EA W d4 d d a) 4) O c t > ° i (0 y Q ° Q ,O c O N N a C ° d ( C 0 c = d v 0) V 4) 7 Q 2. E -0 3 0 co o coo ai U H' v O Q.C)~ ~.S c~ C c t- :a c m m o Y (D LL a ca vt W O t c O ° O 4)L 0W .2 :E Ica .r v)o v~ U a _ 0 3 rn) 0 cv c a 4- m co D 0 c.5~ c o cC ' ( d L Lu a> - a O 0 ° ca a> . _ M L w c Co o ) c m 0 a► tJ a) ° m 'c: ° O O tq2 Q U) ~ c> c cQ 32 = m ° 0 o -c z C7 J M 7 N~ (D E Q •3 Q v c° c M 4) ° f4 c L C ~ O f6 O .C_ ~ cu m Q O 3i co J U) O cu ° f6 0 cx c c0 y..~ C C N O O L O O p ch .2- co O c.c.E O cLa 'Fo O N c m c M a) N w ~C c _ O + R 0 O- O L O L- co -0 cn -a p c 'c O° (D O CL co CL 4) O C 7 ca Of CL N co c~ c H 7 ~ CJ) C DA O mA OCR A m A I Z w W ATTACHMENT#. TO REPORT# C'90 /O 161 C d N H .3 to 10 V 4) ul po 00 O O m M = Q 0 U) 7 0 O c v t/) C~ W A w _ U) 0 7 V d O p r c 3 Q 4) CL > c 4) 4) c aW aW w L~ 0 w Q CD CD ~F o 0 ~ N N to EA w C) d G1 C C C L (6 O) a) c Y a) O U 5 W N U Q c 0 N d v E m ~ C c c O O W E O co c F' N L V m f0 -O N cu 9) f V m 0) o vt w cQ p Q 0 d = C Q O w N C v N co) N ` O a) U) c a) O 3 cL 4.~ itt .19 c cca - Q 0 0) t W (L ca 0.0) m cu ~ca c Z .a ` U U) LO Q owns m LL a) c R Z d o r- m cu c U=_ p w ' L o Q ° O m me V Q 6 0 w- 4- m cv H o o 0 o n -O Q- N o o a) cm c c a> c Q ccu a) T-ci p csm L o' C C O o L N t +r . O a) to Q n ca n ' Q c N. (D U (D U 4? U) c co c Z 0A mA w DA mA • ~ ~ o Z w w ATTACHMENT# 01- TO REPORT# (!4 la-~I 162 m C5 L ett = 3 . O 4) O U 0 O = 7 d N d C. = O ,0 L M SO- E . O O O H v H H E p C z CL o EE U. 0 3v tc s- Im'o L. _o c Q N C!# t } cam = u) E 0 4) U) V v i c m~ Q' U) c O s CO OA = C 0 G) O y 3 2 O r V CD O N Lo d aC)o Hs w Lw H m d i w c 00 LA 4) O O V C O o H O V C O N p O ~ U) O W V EA r u E9 L O N U) U o E ^ N N N Q' c o 3~ c o c -c a ~ -0 CL =3 E J4 = O LO N d CD cu _ d ca c i Y O m N N O H 0 0 0 O 0 0 0 x MA /L~ O C F U (1) (D 4w M G> _ -1) C O 3 R OC)) O N 0 4.0 a) N C U Q to V ' d U O co o a) 0 a- > c a W =3 N c6 No Z ap ~L o E q) d ~L W C p C N aN t o O L a• O CD CO -0 t W + O 'O co O LL co LO O > C U ` O c s3f O d co •O Q N O~ ~C > c (n c~ C L O N c Y N W G1 O V N N Y V O o N i a 3 co O ~ U O a Q U U) W a- 0) cn 0) 0 p N N C~ O m > <n = L E ' - Y O N N O O O L) C c " co 0 Q V N w O O r d ~ O U Q~ ~ = -a L E V C N O:3 4-- N +6 _ Q- O C EO ~ 4-: _ ~LL U Cwfn C 0LLW U 0O a OA mAA LL DA mA Z W W ATTACHMENT#. TORE PORT #0,40 z-/l - of IQ 163 .00 mN a 00 °'00 o o s s ca 5s ca ~ ~~m 00 cN ~ 000 cN CL 0 w m CL 0 F m o 0 0 +r ~ v , L C L LL 2 c Q. O c 0 0 42 0 -0 00 ~ m c y~ cn E3c 0 4) U) U m. Q i L AW O 0~ L CL c z O O E N 0 v 0 0 O s£ ca O .0 O s d .a O O = 0,0 3 co p W i •d CL. Q O O ~ !C aL v 3 'V-, acm s0 a. 4 Q m s° o w Q o O F- . to o °o uj L O d ~ ~ O V1 O c o r 0 .2 Q O co) m O LO "a co E N a O O N Z' a) O O > O Y= 5 U ccn0 O O d cu E a) m n O M x = p cA co cu Q -0 0 L m d -0 -c >'c~ O N C U"O L V o ? a) U ~ ca c 0 -c -c m U) O co V s 7 fn fa 7 C C E N C d = lJl L O N m m O p O? N E U a .a Q.p ° N Qa> o 'a c ca is N •O Z U) ca c to cc _ O O c~ O w d m o ° A W LL U) c`a m a o O L O O % O c CL - CL o a c C7 a-.- • O a> 0 ~ O L! t O s t p~° a) O O Z (j p 0 U) E cc 0 O j U) -c O 0 C U) -c 0 E -o d U CL - V Z N O a) N - -0 E U) co cu a) ~ N O O" _ E -a d -0 co 0) ~ v LJ 1- O co) co V ir- =3 U) > p a) 0 0 C ,a) O U O° a: U O V v > C L s Q'~ N j Q Q O C 0 (D C N O 0 N c a) c 0 .a 0 m 0 0 L O C C~ Vic'- E° NE L ~.U~C.) saa) co E -0 c co m c 0 c~E.`()° H c°n(D 0 .0 rr a) O Q _V Q c > O C OL Q Q C V C` 0> ~~d (a a) ca Ca t 0LLp~LL >i (D N A A N m 0 A A m A O co W Z ATTACHMENT# Z TOREPORT# CAD ~Z`~ - E of 0 r a m > P 4) .0 a, o d .a a L ` Z 0 c Q. U- CL W O p 0 0 U. d~ ~ 70 c 3 U) V >+w r* 0 U) 0 CL Im 20 O O O N O 'p Y CL O c C L G) O L- a. ~ ~ U. o~ 0 W H a o O ~ y W N L. 0 ~ d 3 • 0 c Y N O o U c~ cn a cu o ¢ U -C Y = c N E C L V N o c (6 •C d = ' O N CU 0 It E a c U m o Y 70 (D IL ca C3) 4) L- 0 C: m m a = W ° E.cu . in2 Am Z Q a~U a>r w L d j 'cu O c N o c~ co _ U Y f - O j V C ~ ~ ~ ~ U C U) N O C•- ~-M N U- -0 a DA mac: A 0 O w z W r ATTACHMENT# L- TO REPORT# -I1 i of N N - 65 tm _ cm O O^. e3 S N CD r G1 a N L ~ L L m CL Z tm M N W L U d N> 'a LL N N L. O N 4) 0 N om; c L v E= E ca as•W ~U-c co L m .~Em_~ dE~, O >a0 COL LOOaL ~0 ea a cmMCL ~ o 0 0 IW- °0 00 °o ~ Wi c Go Q ~A d4 Ei~ W L d 0 O C -c E 4) o 'O V N U C O L Na y 0C ~Q E Ad (D O N cLC U C L V N (0 0. F-• d N U C C N U V N O 6.2 Q co V U ~O to C L V t w N C L C c 4) L- m =3 cn CW O c E t~5c°~~YC N lz w v ~ C'c mc•cv H U G, L c co o.0 - c z 'L 0 N N C m m ca w 0 1- N Z U- c N O C` w d'L W L 0) r- a) (D Eo~a)(1) W CL c L) r w _ O O O O N :3 E L) 7 E U w Z r-+ N L L .F U O U O c 0 a O Z ea O c- O U c d = Q m N 0) C O c: N O-0 2 E Z = F- N C •F- U C N C: LE v T E W .0 0 W W ~ C D V O co Z Z m U (D CQ W V 0~ U o tp C CL CoOaci W O Z C O(D cu a) Q p .O a U. mco Ca)moga- c 4. .02 0 (D 4) E -0 cu co C .5; a) w .2 Q- O O a. U O N O J CU ~a- aa~ a m = ~ 2 LPL 0~ mAA ti O C = Z ATTAGHMENT# -3 TO REPORT#0-86 Ia-1I 166 y CL G1 y f0.. N y E'm0 oy co CL r- CD _ tmm ~H W w L. 0 Z N! G1 C Y CL W r d 0 ± V U. r, LL 4) 0 4) HD C Occ~ O OL O U) 0 a L C y r 0~ p L O a d .O y y- C. C C Q. O '3 O C O d d 0 0 0> O% d Q. ~ vHQ V O cv D w Q ° ° CD o g~ c 0 C) r- N N O W V ~ L d 3 m N E N O O rn m ca M C > c > ea u~3 m c ¢ > m o ° N V c L O Y d Q C 7 L. N y IL d rn c _ E L= to cm ° Co o O d O t 0 C 0-0 E: 4) 4) v E V y O N v O 0 _Ile C t0 O U d ° O m t ~.co w 3 a~ co a) c co C I.. N O' 0 a of L) m o i cn o 0 W Z Z o s L W w L. a) O ° o Q 7U c c~ 3 W = U ° c°o 70 +I w c v ° cu Z Z co) o C m Eo Z Z ca°i E E d Y° Q M -a w m o 0 E: z m W cm m ° ° ca -0 d V rn d R Ta ~ o L ° c 0 0) V o f o -a c~a v L- a) w c o m ° o~. Li~ o3E >O 0 ° o 0a ~L~'m acs Oa) 0f ~ U) a) F-- co ~ _d y 0 a) d s co) c: CL a0) 4) A MA A ea ° ° ? >2 DA MA Z ATTACHMENT#-. TO REPORT#~ 167 N 0) Q E r 0 L (V d N d t V_ as v d d O •O 4) Im 0LN4LL L d L y N d 'COL r- O 1 _ U. CL E 'o t; r- Er CL 0 = -0 Cc O N 0 i O N ~GU 1W C CU cm p r- O N d O L O_ .z 0 02 E a O~ m teN.a a: Q a L O • d '0 ca Z O d r'' 'L O Q. O J CL ~ c _5 c 5 o co i 0 W N Q CD O C O t0 w o W U L d4 O 3 d cn m a~ cn ° W - ° ° o 0 co 3 > - E C Q co EE a) a O t (D _ co N v ° ° to Y d c O - co to of 0 LL > 4) U) -a Q a~~ c La c c ° c c -c cc 0 E 4) 0= O S a > Q E io d ii CO CO O v' ; U - N c o ~ 0 •L - U d f W to a) ' E a) 13 ~ C O w 3: c c LZ m V 0 V Q m . C 0) c 'D cu L it 0 U 'a a) co c ° L- LL p ° t a- E co co io cn cn N v (D eo ~ c N C ~ ~ a) a) ~ c (n c _0 a) O d W W a o..0 a v° Q o c`a a~ t ui E - cn co c - as m Q- O 0 Q w+ 70 co N~ N~ 'a 0 cu N Q o L_ cn co E ° co) c 70 0 O co E m 0 a) cu 0 U ~ a) O E c W j E 0 4) c CO) a) a) co N O 0 O Cffi U d. O U N O c c c _ to c > N ~ c~ E C~ O Q } o fo -a w co m 3c 3c co tcnc = 0) cn O r cn > N° d c a) a~ o`.~ E °m o 00 Q`nrniiNm L~ rn U. c m 0 a) V) 4) m 0 '44) N~ fn c Q. N c- H_E 0A MA A >2! CA mA 0 n 00 ATTACHMENT# 3 TOREPORT# 040 oZ-1 6 8 N M d r H W O O O < 2 o N o WO L. _A w O_ 00 IL •L o O . 3 ~ mQ- ~ a L. W G W O F- O O Q Q O C O ~ O O O CO) La co O O)o 04 W 0 669 69. co L 3 m o c~ ca : a m a~ 4) t c co E w. _ .r E o N ' a ca c v) Lm o -0 °O mac' 2 co b c E La Ew Q c o- c of r CD 0 N C (6 N d a) N N _ U 2. 2: 4) -0 O W C J N d L cn ca U W O i :aR a UU IL L N C c C O L- OL i5 O N a) MW a~ m vQ -0 rn - O Z O L W Q cu N O Q. L ~.N V O 4) E 0 -c (D 7 O j v Z U a> m m 7 Z W C O 0 V .a O a) m W t m 2 cu N c m 'a t/~ Q m O cu a C W W -0 a L W V t = y _N cu > p z E c co a1! Q 3= E~ -a w E m cu _ 'O t C ch cc)-6 > cu 0 0-0 (L cn cu E W O N a ca co :3 E^ a) ca c O m ~-c co 0 E N U. A- N o ~ Q N O 2 3 5 _ E a) L O _ .r A C U E F- r+ Q. p Co V a) a) L) jX D_ 'Co N a s m E w 54) U) cH >5 D A m A CO) ~ J D A A m A Z ~ ~ ATTACHMENT #-.-L- TORE PORT # ,2-11 of . c c 69 N O N1 N ~ z w O O LL CL CL Q Q~ 3o 0o c~nv a ~,w ~w Hp O ca p oa a` oo 4) CL CL m IL` W J IL` W o I w o 0 Q c c c Qo CD 0 U) w H co de W N W U ~ 6 m 4) cu c: N a) D) 2 M o c cu 3 D aci c: C - T- 0 c ca E CL m.c scm to o 0 00 co to V ~c cE -ao ON o> C O U o La o a)> a wa E U) U - 4- c cn co a? .c c o~ o co L 0 -c ~E v ~E aU V 33 _ W O V ' N co L. g co V d O M E cc o N Q Opp U U co cu L- 0 m co .c L w E O c0 co U U al - d d ~i 'o •A U I-- N O N `O tB U O d K w o ~-c (L o N 3+~+ t O L Op V L. o cam' c co U) Z c a N N cLo a Q s a -c 70 LQ c o c o O t ~ N co: 2 O Q "0 o c Z 3 'C ~ 3 c N Q- :r O > co w a E m U o a~ W O c cM > .a O Q- L C 0 !E 0 cu ca E c O v O Q co w :3 Q.c N c0 "O _A O N o= O =3 C =3 3 U V 'm U U) O O U) "O c y •O O C~ 5 c co 3: E CL CU d F- O:3 .r N N E = O c : co (D E U O O U (1) -c O V N c6 O ~ o c~-.~- r~+ cnH cH c.~ m 4) a) aw OA A COOA Z OA MA A N I I 6 W) Z i ATTACHMENT# .3 TO REPORT#QAQ Q-4I 1 ~ . V d Lo N _ •i d Q •L a H H v V c w E- .0 c 3 '4) U. co L= ' co _ a •L 0Z r o oz o aiv a a E o~ cN E 02 ~N w'' *0 0 IL c m c ~•3 w ~•3 w.=_ 0 w H a C o g o o wv c ~ ~ L d G1 0 O O U) m 0 -0-0 0 Co O ~ 78 L 78 d ~c O O d -c O O (m4 r C = C N 0 -c r r+ 3 J O ~j ~ t- ` d O U t N E (Q L N O ~C U U •X p V ' (n O C O 0 0 ~ O O m i+ E a c U a c U W = O co N = 0 0 O O V N O 0-0 L N O O o= O C o o+ C O `p C (0 ++t a ~E U(D :3 O (n = C ~ Z U C ;N M W O m O V ~-0 Mv, L w co C 2 ~ c o4w V Z -c° ~°io hi CIL s Z W = 0) O C = ) a O C a m m 2° °O- a) °o = W r ~O -c N a r o Z V c -O O (D _0 = 70 o -0 W Z C M v° (a a N"_~'' N R te O X C ' Z -O i C E O W ao(o ~p Q cax-0 L O O ° m p 70 O N a O C -a J O M a W C V = O N = 3= O C C N M O C N cQ C'~ C M L (7 a+ O .O O O L O , d O (U O L- 0 p L c a c`a c~ 0-0 ` ~ Q'~-g 0-0 J O 1 C _Q L N` o ~ a L O W D A m A 4)~ 0A op0 A o ~ N Z w j ATTACHMENT# 3 TOREPORT# 1~-1J of ~g_ 171 N ~ d B H ~ Z W LL ~ LL FQ- O co 0 W C) ~ O Q C H cp C W 0 L6 3 as c Ad d _ 'o L L a a d o = O t a N C LLB Z t w y ~ O v w z 2 = W Z V W Z Q 2 Z W Ix W 2 F- O J Q H O H C Z i i I.ITT Uf Q.dl ry~t ~It I~It~11~11~11 ~ A o 2 O S,L { 0 JAM uTONa Roao A n O A ~O A 0 p o 0 JIM ROSEBANR AD Us" .~y ROBEBANR ry 7~ 00 ° o z O OOp o A WHITES ROAD t r ~ m FAIRRORT AD w O m T O ' Z DiwE OA a z o z a A o UVERRO L ROAD rJ 9o O O O 1 Op o H CORR O nLLINOS JD m~ BROCN OAD BR O 0 O LNR 4 111 11~11~ ~11~11 zm 5 ?max ® • 11`y11 z~z ~l~~1~ ~'~I~L ® = y m A TOWN OF 0,0z 00* r n Iv mzD IImIInt1nI1 1 . J 22 (!1 z < - lm Z r - x m m m m rn m m rn m m m z b W J O~ t/i A W N N ~ \0 DD J O\ V~ A W N m cn A ~ ~ ~ ~ A T cr m o m C v c n pal m m tO v J C Cn Q O O N N C Q T N m m V N l7 C7 Cn J w O SU @ N B) T N d d T 21 n CD 1p r ITI M d d N O B) N J O S B1 O o 0 0 CD c 3 7 0 0' c ° n n -i 1 0 ~ R 3 3 f r 3 0 °t m Cn d J r co m d ' m - IN v x_ m _ o n CID N d ~o ~ o m ° m J CD o r o 0 7 m °m 3 o o ° m W Cif w D a D n o N o O A n o D1 ° r cu 0 A aD a B. r ~ 7 W A m o d W o ' ° D § <p A n ? m a m d m m B°i R-U ~ ~n o m O 6 m 3 °m y, x m m m m o f. m A m 'o 3 3 3 y m 2L 0 ° d iD O m m m ? _ m n m m o fi cD n o w' n ° ' ? 3 ° d U Z7 3 O s o n N m m w d ' C fD O O Zl N 3 N W- 4 y C, 1 0 o (D J D ° a a J 3 - d o n tD d o: m a ~i m' r0" a m O N O O x j5 x N O F J (D (D 2 N d N 7 J t0 j5 , t Q a n S J y 'O W -0 o D, w N F3 3 o n ° n m a FN' co Nc6i ° mCD p n m c 1 m g o -1 0 _ D m D o f n o ID d <m x- m CD n m' o y o 3 y F m Cl _ F " m f cOOB an m C C O y m -9 n O D. n N y (D lC S S N O j y < JC W ma m o n^ n^ ? co 3 0 e► > > w ° N A ri 0 d Vl J o 3 0 o vm vm n m w m a a N ID o m n f ID o m m 3 n &:'T m ® n ® m n O m ur n y 40 v_ sE9 3 , -se J ~ ATTACFiMENT# 'S TO REPORT# C140 12_ I of N Draft Date: August 25, 2011 FUNDING AGREEMENT 173 FOR COMMUNITY ENHANCEMENTS IN THE CITY OF PICKERING THIS AGREEMENT is effective as of the date it has been executed by both Parties BETWEEN: THE REGIONAL MUNICIPALITY OF YORK (the "Region") -and- THE CORPORATION OF THE CITY OF PICKERING (the "City") WHEREAS: A. Pursuant to the Minutes of Settlement between the Parties dated July 28, 2010, for Ontario Superior Court of Justice Court File No. 63891/09, the Region reaffirmed its commitment to undertake or fund mutually agreed upon community enhancements with a total estimated value of approximately $8.0 million committed to as part of the Southeast Collector Trunk Sewer project (the "SEC"); B. The Parties have agreed upon the community enhancement projects that make up the community enhancement plan to be carried out by the City for which the Region will provide funds to the City. NOW THEREFORE, the Parties covenant and agree as follows: ARTICLE I INTERPRETATION Section 1.01: Definitions The terms defined herein shall have,. for all purposes of this Agreement, the following meanings, unless the context expressly or by necessary implication requires otherwise: (a) "Annual Report" has the meaning set out in Section 3.01:; (b) "Applicable Laws" means any applicable Canadian (whether federal, provincial, municipal or local) law, whether founded in statute, regulation, by-law, ordinance, rule, administrative interpretation, order (administrative, judicial or otherwise), writ, injunction, directive, judgment, decree, permit, approval, authorization or otherwise, in effect now or during the term of this Agreement, of any government, governmental authority, agency, board, tribunal, court, ministry, commission, department or official properly exercising its jurisdiction; (c) "Community. Enhancement Projects" means the individual projects within the community enhancement plan to be undertaken and completed by the City under this Agreement. 3177845 ATTACHMENT TOREPORT#('AO 12-11 174 -2- 9_ of (d) "Community Enhancement Plan" means the accumulation of all community enhancement projects with a total value of $8.0 million, as set out in Schedule "B" hereto. (e) "Community Enhancement Plan Completion Report" has the meaning set out in Section 3.03; (f) "Funding Schedule" means the estimated expenditure forecast for the community enhancement projects as set out in Schedule "C" hereto; (g) "Funds" means the monies to be paid by the Region to the City in accordance with the Funding Schedule; (h) "Litigation" includes court proceedings, tribunal proceedings, mediation; arbitration and judicial reviews; (i) "Party" or "Parties" means the Region, the City or both the'Region and the City as the case may be; 0) "Project Description" means a detailed description for each of the Community Enhancement Projects set out in Schedule "A" hereto, including scope, location and estimated cost; and; (k) "Semi Annual Request for Payment Report" has the meaning set out in Section 3.02. Section 1.02: Schedules The following Schedules attached hereto form a part of this Agreement: (a) Schedule "A" - Project Description (b) Schedule "B" - Community Enhancement Plan (c) Schedule "C" - Funding Schedule ARTICLE II PROJECT AND FUNDING Section 2.01: The City is to Complete the Community Enhancement Projects The City shall complete the Community Enhancement Projects to the specifications set out in Schedule "A" hereto and in accordance with the Community Enhancement Plan set out in Schedule "B" hereto. The City shall complete the Community Enhancement Plan by no later than December 31, 2017 notwithstanding Article 1(a) of the Minutes of Settlement that stipulates ATTACHMENT# 5 TOREPORT# /2-// -3- :3_ of. 175 York Region's commitment to undertake or fund the community enhancements over the period of 2011 to 2015. Section 2.02: Co mmencement of Community Enhancement Projects The City shall not commence any construction activity related to the Community Enhancement Projects until the Region has provided written authorization to the City to commence such construction activity. Section 2.03: Region to P rovide Funds The Region shall provide Funds to the City in accordance with the terms and conditions of this section to the maximum amount of $8.0 million as set out in the Funding Schedule (Schedule "C"), and in accordance with the Minutes of Settlement. Any payment of Funds by the Region to the City shall be contingent upon satisfaction of the following conditions: (a) the City has satisfactorily completed the required work in order to be eligible for the payment in accordance with the Project Description and Community Enhancement Plan; (b) the most recent Annual Report, Semi Annual Request for Payment Report or the Community Enhancement Plan Completion Report has been accepted by the Region; (c) the City has provided to the Region sufficient invoices and proof of payment; and (d) the City is in compliance with the terms and conditions of this Agreement. Section 2.04: Covenants of the City In performing its obligations under this Agreement, the City covenants and agrees with the Region that the City shall: (a) comply with any and all Applicable Laws; (b) only use the Funds for costs associated with the Community Enhancement Plan and for no other purpose; (c) not substantially deviate from the Project Description or the Community Enhancement Plan without the consent of the Region; (d) ensure that any materials, equipment or services the City may acquire with the Funds are acquired in conformance with the City's Purchasing Policy, with the exception of enhancement projects to be undertaken by TRCA, so as to ensure the best value for the Funds spent; TO REPORT#~1.2-1 S 16 7 _4_ ~TTF~CFi~iENT#- ___q_ of (e) provide the Region and its authorized agents with access to the Enhancement Project sites and any facilities used by the City or its contractors or subcontractors to perform the underlying work of the Community Enhancement Projects, including any deliverables, as well as any facilities and vehicles where any deliverable or work in progress is stored or otherwise located, any documents or drawings and any other Community Enhancement Project related books and records and other documents and materials, as deemed necessary by the Region to determine whether the City is in compliance with the terms and conditions of this Agreement. Any such site visit or inspection shall be conducted during normal business hours on no less than 24 hours prior written notice and in a manner that minimizes any disruptions to the City's business , (f) promptly notify the Region of any Litigation that may materially affect the Community Enhancement Projects or the ability of the City to carry out work on the Community Enhancement Projects or otherwise perform its obligations under this Agreement, and provide the Region with any documents upon request pertaining thereto; and (g) promptly notify the Region of any sale, lease, mortgage, lien, Litigation, order or other legal process or instrument that materially affects any, lands upon which the Community Enhancement Projects are to be built, any proprietary interest in such lands or the regulation of such lands or the uses that such lands may be put to, and to provide any documents pertaining thereto. ARTICLE III REPORTING Section 3.01: Annual Report The City shall prepare and submit to the Region an Annual Report by May 1 S` each year describing the work carried out in relation to the Community Enhancement Plan in the preceding calendar year (unless at the end of that year the Community Enhancement Projects have been completed), and shall include a detailed description of each of the following: (a) the work completed or undertaken on each Community Enhancement Project; (b) any known variances from the Project Description, Community Enhancement Plan or Funding Schedule, including explanations of the variances; (c) an updated Funding Schedule; (d) reasonably foreseeable challenges or circumstances that are likely to delay or increase the anticipated costs of the Community Enhancement Projects, and any recommendations for amending either the Project Description, Community Enhancement Plan or Funding Schedule in order to complete the Community Enhancement Plan in the most cost- effective and timely manner possible; and (e) any environmental issues encountered, including the results of any environmental assessment, sampling and/or monitoring. ATTACHMENT#-_ TOREPORT#046 12-11 - 5 - r of -L 7 The City shall submit supporting documentation for each of the above with each Annual Report. Section 3.02: . Semi Annual Request for Payment Report The City shall prepare and submit to the Region a Semi Annual Request for Payment Report which shall include the following information: (a) the work completed or undertaken on each Community Enhancement Project; (b) a financial summary of all expenditures by the City, with a breakdown of labour, material and equipment costs (where practical), and supporting paid invoices and receipts; (c) the estimated cost to complete the Community Enhancement Projects; and (d) an invoice covering expenditures incurred since the previous Semi Annual Request for Payment Report. The City shall submit supporting documentation for each of the above with each Semi Annual Request for Payment Report and the Region shall reimburse the City for costs incurred in accordance with Section 3.04. Section 3.03: Community Enhancement Plan Completion Report Within 90 days of the soonest of (1) completion of the Community Enhancement Projects within the Community Enhancement Plan or; (2) the exhaustion of Funds, the City shall prepare and submit to the Region a Community Enhancement Plan Completion Report which shall include: (a) all the information and supporting documentation required in an Annual Report, to the extent applicable; (b) a final request for payment for expenditures incurred since the last Semi Annual Request for Payment Report; (c) certification by the City that as of the date of the Project Completion Report: (i) the Enhancement Projects have been completed in accordance with the Project Description and the Community Enhancement Plan; (ii) the representations and warranties set out in Section 4.01: are true; and (iii) the City is not in breach of any of the covenants contained in Section 2.04. Section. 3.04: Review and Acceptance of Reports by Region The Region shall be entitled to review, assess and accept or not accept any Annual Report, Semi Annual Request for Payment Report or Community Enhancements Plan Completion Report (in this section, a "Report") submitted to the Region in accordance with this section. rTII &iMENT# - 1pREPORT# 17~ -6- of _14 In the event of a requirement for the Region to assess a Report, such as an audit requirement, the Region has the right to inspect or retain a third party to inspect, at the Region's cost, any aspect of the Community Enhancement Plan that the City has the power or ability to make available for inspection, including: (a) any documents related to the- Community Enhancement Projects, including invoices, purchase orders, receipts, books, meeting agendas and minutes, plans, drawings, reports and notes; (b) Community Enhancement Projects sites and facilities thereon; and (c) any materials, equipment and vehicles related to the Community Enhancement Projects and the facilities used for their production, storage, or disposal. Within 15 days of submission of a Report, the Region shall notify the City whether the Report has been accepted or requires revision. If the Region fails to deliver such notice' in writing within 15 days of submission of a Report, the Report shall be deemed to be accepted by the Region. The Region shall be entitled to not accept a Report if the Report is deficient in meeting the criteria set out in this Agreement. If the Region does not accept a Report submitted by the City, the Region will advise what revisions or additional information is required, and the City shall revise and re-submit the Report for acceptance by the Region. Within 30 days of acceptance of a Report requiring payment, the Region will forward payment to the City. ARTICLE IV REPRESENTATIONS, WARRANTEES, INDEMNIFICATION AND INSURANCE Section 4.01: Representations and Warranties of the City The City represents and warrants that, as of the Effective Date: (a) the City is a body corporate, duly organized and validly existing under the laws of Ontario and has full authority and jurisdiction to enter into this Agreement and to perform the obligations hereunder without the need for any further authorization or approval (whether internal or external to the City); and (b) The performance of this Agreement by the City does not infringe any third party rights, including, without limitation, any intellectual property rights, any trade secrets or any other proprietary rights. -7- ATTACH MErNT#__5__ TO REPORT of 179 Section 4.02: Indemnification by the City The City agrees to indemnify and hold harmless the Region, its chair, regional councillors, officers, employees, agents or insurers (individually or collectively, the "Indemnified Parties") from and against any and all actions, claims, demands, costs, damages, suits, proceedings, expenses, liabilities or damages which the Indemnified Parties may incur or suffer in connection with or arising out of any act or omission of the City, its mayor and councillors, officers, employees, agents, subcontractors or any other person for whom the City is responsible at law in respect of any matter related to the Community Enhancement Plan or this.Agreement. Section 4.03: Insurance Without restricting the generality of the indemnification herein; the City shall obtain and maintain and provide evidence to the Region of the following'nsurance coverage obtained from insurance companies licensed to transact business in the Province of Ontario and not otherwise prohibited from use by the Region's Insurance and Risk Manager. (a) Commercial General Liability Commercial General Liability insurance with the Region listed as an3Additional Insured, with limits of not less than $5 million inclusive per occurrence for bodily and personal injury, death and damage to property including loss of use hereof. Ifthe policy contains a General Aggregate, the minimum acceptable aggregate is $10 million for the General Aggregate. The Commercial General Liability (CGL) insurance must include Cross Liability & Severability of Interest Clauses, XCU exclusion deleted, Products & Completed Operations coverage, and Standard Non-Owned Automobile endorsement including standard contractual liability coverage. The Region may accept in place of the above mentioned insurance coverage primary CGL insurance with limits of $1 million or $2 million inclusive per occurrence and $4 million or $3 million in Excess Liability or Umbrella Liability insurance with aggregates for each policy to provide the minimum coverages and limits as noted above. (b) Automobile Liability Automobile Liability insurance in respect of licensed vehicles with limits of not less than $2 million inclusive per occurrence for bodily injury, death and damage to property that is a Standard owner's form automobile policy providing third party liability and accident benefits insurance and covering licensed owned and leased vehicles operated by or on behalf of the City. (c) Environmental Impairment Environmental Impairment insurance with limits of not less than $2 million per claim. ATTACHMENT TO REPORT# 14- 180 -8- of~ The forms of the above insurance policies shall in all respects be satisfactory to the Region's Insurance and Risk Manager and shall be maintained continuously from the sooner of either the commencement of work on the Community Enhancement Projects or the Effective Date of this Agreement, and be maintained until the Agreement has been completed to the satisfaction of the Region or terminated. The policies shall be endorsed to provide the Region with not less than 30 days written notice in advance of any cancellation, change or amendment which restricts coverage such that the requirements in the Agreement are no longer met. The City shall describe the above Insurance that it carries in the Region's standard "Certificate of Insurance" form. Section 4.04: Workplace Safety & Insurance Board (WSIB) The City must be in good standing with the Workplace Safety and Insurance Board and shall furnish the Region with satisfactory evidence, inAhe form of a valid WSIB Letter of Good Standing, prior to commencement of the work under this'Agreementand, upon presentation of a final invoice and final report and at any other time during the Agreement at the Region's request. The City shall maintain its WSIB Insurance or pay such assessments as will protect the City and the Region from claims under the Workplace Safety and Insurance Act, 1997, S.O. 1997, c.16, and from any other claims for damage from personal injury, including death, and from claims for property damage which may arise from the City's operations under this Agreement. If the City does not or is not able to provide Workplace Safety and Insurance Board Letters of Good Standing, the City shall furnish to the Region Employers Liability insurance in the amount of $2 million. Evidence of this coverage shall be on the Region's standard "Certificate of Insurance" form. ARTICLE V TERM Section 5.01: Term (a) This Agreement shall remain in force and be binding upon the Parties until completion and acceptance of the Community Enhancement Plan Completion Report, and receipt by the City of the final payment by the Region. ARTICLE VI GENERAL Section 6.01: Notices All notices and other correspondence under this Agreement shall be delivered personally, by mail or by e-mail to the following addresses: i -9- ATTACH MENTts r 5 TO REPORT#E O 0-1 ~ Gof.~ 18( (i) if to the Region: The Regional Municipality of York Environmental Services Department 17250 Yonge Street Newmarket, ON L3Y 6Z1 Attention: Mr. Wayne Green E-mail: Wayne.Greengyork.ca (ii) if to the City: The Corporation of the City of Pickering One The Esplanade Pickering, ON L IV 6K7 Attention: Mr. Richard Holborn E-mail: rholborn@cityofpickering.com The Parties may change their respective representative or addresses for giving notice (whether for any particular class of notice or for all notices) by giving ten days notice the other Party of the new representative or address. Any notice delivered personally shall be deemed to be received on the date of delivery. Any notice sent by e-mail shall be deemed to be received the next business day after the date of being sent. Any notice sent by mail shall be deemed to be given on the 5cn business day after being sent. Section 6.02: Assignment The City may not assign this Agreement or any rights or obligations hereunder (including any part of the Funds) without the prior written consent of the Region. Section 6.03: Headings The headings herein are for reference only and do not affect the interpretation of the Agreement. Section 6.04: Applicable Law This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and shall be treated in all respects as an Ontario contract. 1 8 2 _10- Ai"TACHMENT#s_5__ TOREPORT# /d of Section 6.05: Severability If any part of this Agreement is found to invalid or unenforceable by a court of law the remainder of this Agreement shall not be affected thereby. Section 6.06: A mendment Unless specifically provided otherwise herein, any amendment, modification or waiver to this Agreement shall be in writing and signed by both Parties. Section 6.07: Successors and Assigns This Agreement shall enure to the benefit of, be enforceable by and binding upon the Parties' respective successors and permitted assigns. Section 6.08: Non -Waiver No consent to or waiver of any breach or default by any Party in the performance of its obligations hereunder shall be deemed or construed to be a consent to or a waiver of any other breach or default in the performance by such. Party of the same or any other obligations of such Party hereunder. Failure on the part of any Party to complain of any act or failure to act of any other Party or to declare any other Party in default, irrespective of how long such failure continues, shall not constitute a: waiver by such Party of its rights hereunder. Section 6.09: Relationshipof Parties Nothing in this Agreement shall be construed so as to create an agency, joint venture, partnership or franchise relationship between the Parties, and neither Party has the authority to bind the other. Section 6.10: Further Acts The Parties agree, from time to time hereafter and upon any reasonable request of the other Party, to do or cause to be done all such further acts, deeds or things as may be required to more effectually implement the true intent of this Agreement. IN WITNESS WHEREOF the Parties hereto have duly executed this Agreement by their authorized representatives. ATTACHMENT# ITO REPORT#C40 Q-// -11- of 1 83 THE REGIONAL MUNICIPALITY OF YORK Per: Date Name: Erin Mahoney Title: Commissioner - Environmental Services THE CORPORATION OF THE CITY OF PICKERING Per: Date Name: Dave Ryan Title: Mayor Date Per Name: Debbie/Shields Title: City Clerk 6 1 ATTACH MENT# 5 _ TOREPORT# CAA) 19--l 184 of SCHEDULE "A" PROJECT DESCRIPTION [To be_inserted] 3177845 r 9t f I . C . 4-5- TO REPORT#-0,4n 18.5 . of SCHEDULE "B" COMMUNITY ENHANCEMENT PLAN [To be_inserted] r 3177845 ATTACH MENT#._.-~_ iC~REPORT# ' 186 SCHEDULE "C" FUNDING SCHEDULE [To be inserted] i 3177845