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.
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Subject: Enhancement Projects in the City of Pickering 13 Southeast Collector Trunk Sewer
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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.
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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.
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• 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
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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.
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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
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1ubject: Enhancement Projects in the City of Pickering
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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
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Subject: Enhancement Projects in the City of Pickering
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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
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Subject: Enhancement Projects in the City of Pickering
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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.
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~
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
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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.
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ATTACHMENT#___ TOREPORT# ~/-~D la-I
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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
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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
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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:
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(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.
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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.
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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
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SCHEDULE "A"
PROJECT DESCRIPTION
[To be_inserted]
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. of SCHEDULE "B"
COMMUNITY ENHANCEMENT PLAN
[To be_inserted]
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3177845
ATTACH MENT#._.-~_ iC~REPORT# '
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SCHEDULE "C"
FUNDING SCHEDULE
[To be inserted]
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3177845