THIS AGREEMENT made on 1st day of May, 2009 Attachment A
BETWEEN:
THE
(Hereinafter referred to as the “Region”),
OF THE FIRST PART;
And
THE CORPORATION OF THE TOWN OF
(Hereinafter referred to as the “Town”),
OF THE SECOND PART;
WHEREAS the Town is planning to establish Water Distribution System Management Areas and implement pressure modulation in accordance with the Supporting Drawings included as “Attachment A”;
AND WHEREAS the Region currently owns the Milliken water tower located at 4355, 14th Avenue in the Town of Markham (hereinafter referred to as the “Water Tower”);
AND WHEREAS both the Town and the Region have a mutual interest in leak detection, and in implementing a water consumption reduction pilot, and will be benefited by the installation and upgrade of monitoring instruments;
AND WHEREAS The Town and the
Region have agreed to enter into an agreement to
define their financial responsibilities for cost sharing the cost of instrumentation
and labour to modify the Chambers and to allow the Town to install a flow
meter, pressure sensor and communication equipment in the Water Tower as described
in this Agreement;
NOW THEREFORE the parties hereto covenant and agree
as follows:
1.
The foregoing recitals are incorporated into
this Agreement as if repeated herein at length.
2.
The work to be completed for the Chambers includes
the following, per chamber:
2.1.
Removal of the Region’s existing instrumentation
and controls cabinet. The Region and the Town to share equally in the cost of
the removal of the cabinet and instrumentation;
2.2.
Installation of a new double door weather proof
stainless steel (SS316) cabinet modified with center divider plate for complete
isolation, with separate locks and with concrete pad and other accessories. The
cabinet shall be equipped with thermal insulation, heater, and security door
switch. The cabinet shall be inspected by the Electrical Safety Authority (
2.3.
Hydro shall be transferred from the Region’s existing
cabinet to the new cabinet and service shall be provided on the Region’s side
of the cabinet. The Region and the Town to share equally in the cost of the labour
for this work and the Region shall provide hydro for the Town’s side of the cabinet
without charge;
2.4.
Removal of the back plate from the Region’s existing
control cabinet and transferring the existing back plate to the new control
cabinet by means of bolting on (The existing backplate will not be redesigned. An
additional new back plate will be supplied by the Town to the Region to enable future
re-design if so desired). Providing electrical wiring, terminal strips,
electrical junction box, connectors, conduits, electrical accessories, installing
the Region’s communication mast, antennae, antennae cable, grounding cable and
commissioning of the new cabinet. Region to bear the cost of this work and the
scope of work shall be a separate item on the construction tender for cost
sharing purposes;
2.5.
Installation of communication equipment for the Town
according to the Town’s standards. The communication equipment can be a separate
light pole or mast and the Town shall bear the cost of this work. There shall
be 2 metres of vertical separation between the antennas for the Town and the
Region to avoid communication interference. The Town shall bear the cost of
this work and the scope of work shall be a separate item on the construction
tender for cost sharing purposes;
2.6.
Removal of existing equipment (flow meters, Pressure
Reducing Valve (PRV) and piping) and installation of new equipment (magnetic
flow meters, PRV and piping) as per Construction drawings approved by the
Region and the Town for each individual chamber and including spool piece,
gaskets and other piping accessories.
2.7.
Flow meter transmitter (display and electronics)
to be installed on the Region’s side of the cabinet. A flow signal (isolated)
via a 4-20 mA signal to be supplied by the Region to the Town’s instrumentation
cabinet. A modbus cable shall be supplied from the electronics to the Region’s
Remote Processing Unit (RPU) with manufacturer recommended cable. A pulse signal to be supplied by the Region to
the Town’s instrumentation cabinet. A valve closed signal from the PRV will be
provided to the to the Region side of the cabinet by the Town.
2.8.
The work for chamber modifications shall be included
as a separate item(s) in the construction tender for cost sharing purposes. The
Region to bear the cost for the required spool pieces, gaskets and piping
accessories. The Region to bear the cost of the flow meter. The Town to bear
the cost of the gaskets and piping accessories required to install the PRV. The
Region and the Town to share equally in the labour cost to remove existing
piping and for installation of the flow meter and PRV.
2.9.
Installation of new pressure reducing valves in
accordance with the construction drawings approved by the Region and the Town, for
the chamber and including spool piece, gaskets and other piping accessories.
Valve closed status shall be provided to Region’s RPU. Disinfection,
commissioning shall be completed in accordance with the Region standards and the
Town to bear the cost of this work, and this work shall be included as a separate
item in the construction tender for cost sharing purposes;
2.10.
Installation of two (2) pressure transmitters on
either side of the valve with provision for isolation and calibration. Provide
electrical wiring to power the transmitters and connect it to the Town’s side
of the cabinet. The Town shall provide an isolated 4-20 mA signal to the Region
side of cabinet. The Town to bear the cost for this work;
2.11.
Soil disturbance, vegetation and landscaping
shall be restored to a condition equal to or better than, pre-construction conditions
in accordance with the applicable Region and Town standards;
2.12.
The Region and the Town will share the hydro
service. The Region will pay for the hydro service. The Region will provide 120
VAC to the Town side of the cabinet, fed through appropriate electrical
protection in accordance with the Ontario Electrical Safety Code.
3.
The work to be completed at the Water Tower
includes the following;
3.1.
Installation of a transit time ultrasonic strap
on flow meter on the common water feed in to and out of the water tower. The
Town shall provide the Region with an isolated 4-20 mA signal and direction
output at the Region’s cabinet. The Region and the Town to share equally in the
labour cost for this work and the Region shall provide hydro for the Town side
of the cabinet without charge;
3.2.
The Region shall provide tower level information
to the Town through an isolated 4-20 mA signal. The Town to bear the cost of
this work;
3.3.
Installation of a small cabinet near the east
wall of the Water Tower which shall include Input/Output extension off the Town
RPU to interface with all instrumentation. Installation of communications
equipment and antennae for the Town. The Region shall identify the electrical
source and provide power to the Town free based upon the understanding that the
Town’s power consumption will be very low. The Town to bear the cost of this
work including all labour costs;
3.4.
Other than the work described in item 3.1 above,
the Region will not share the cost for any other work completed at the Water
Tower;
4.
The parties financial obligations set out in
this Agreement shall survive the termination or cancellation of this Agreement
and shall end only when all amounts associated with the work described herein
are paid in full by the respective parties;
5. The Town will ensure that the Region is covered by the construction contractor’s insurance and that the construction contractor provides the following insurance;
(a) Commercial General Liability Insurance:
Commercial
General Liability (CGL) insurance shall include as an Additional Insured, the
Region, the Consultant, and the
The Region
shall accept in place of the above mentioned insurance coverage, limits of 1 or
2 million dollars ($1,000,000.00 or $2,000,000.00) inclusive per occurrence in
primary CGL insurance and 4 or 3 million dollars ($4,000,000.00 or
$3,000,000.00) 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 Insurance:
Automobile
liability insurance in respect of licensed vehicles shall have limits of not
less than 5 million dollars inclusive per occurrence for bodily injury,
death, and damage to property. Coverage
shall be in the form of a Standard owner's form automobile policy providing
third party liability and accident benefits insurance and covering licensed
vehicles owned and/or leased or operated by or on behalf of the Contractor.
Proof of such insurance shall be provided to the Region prior
to the commencement of any work described in this Agreement.
6.
The Town will pay the construction contractor
and will invoice the Region with a copy of the payment certificate from the construction
contractor;
7.
The Town will ensure that the construction work
is completed to the satisfaction of the Region and that documents and drawings
are completed and submitted by the construction contractor;
8.
The Town and the Region shall coordinate
activities during construction and the Region’s staff shall be informed 14 days
in advance of construction activities;
9.
Stakeholders including nearby residents and
businesses, shall be kept informed of the construction activities by the
construction contractor;
10. This Agreement
shall expire upon the earlier of:
(a)
(b) Upon the
execution of an operational agreement between the Town and the Region for cost
sharing of operations, hydro and other expenses related to the work described
in this Agreement.
11. During the
course of contract if there is additional work requested by a party, the party making
the request shall bear the complete cost of this work, unless the parties come
to an agreement for cost sharing before proceeding with the request.
IN
WITNESS WHEREOF the
parties hereto have hereunto affixed their corporate seals attested to by the
hands of their proper signing officers duly authorized in that behalf.
SIGNED, SEALED AND ) THE CORPORATION OF THE TOWN
DELIVERED ) OF
)
)
)
) Name:
) Title:
)
)
)
) THE
) OF
)
)
)
) Name: Erin Mahoney, M.Eng.
) Title: Commissioner of Environmental
Services
)