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HomeMy WebLinkAbout23 119 Ministry of Transportation Sanitary Sewer Agreement (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 119 Being a By-law to Authorize an Agreement with His Majesty the King in Right of the Province of Ontario, Represented by the Minister of Transportation for the Construction of a Sanitary Sewer on Highway #21 Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provide that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality’s ability to respond to municipal issues and has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a lower-tier municipality may pass by-laws, respecting matters within the sphere of jurisdiction of highways, including public utilities; and Whereas the Province of Ontario owns Provincial Highway #21, Municipality of Kincardine; and Whereas Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an Agreement with His Majesty the King in Right of the Province of Ontario, Represented by the Minister of Transportation for the Province of Ontario, to construct a sanitary sewer crossing Highway #21; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That The Corporation of the Municipality of Kincardine enter into an Agreement with the His Majesty the King in Right of the Province of Ontario, Represented by the Minister of Transportation for the Province of Ontario, for the construction of a sanitary sewer crossing Highway #21, Municipality of Kincardine, in accordance with the terms and conditions outlined in the Agreement attached hereto as Schedule ‘A’ and forming part of this By-law. 2. That the Mayor and Clerk be authorized to sign and execute, on behalf of The Corporation of the Municipality of Kincardine, the Agreement with the His Majesty the King in Right of the Province of Ontario, Represented by the Minister of Transportation for the Province of Ontario. 3. That this By-law shall come into full force and effect upon its final passage. 4. That this By-law be cited as “Ministry of Transportation Sanitary Sewer Agreement (2023) By-law”. Read a First and Second Time this 10th day of July, 2023. Read a Third Time and Finally Passed this 10th day of July, 2023. Mayor Clerk - 1 - CM 23 0013 THIS AGREEMENT is made this the 10t'day of July,2023. BETWEEN:THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE ("The Municipality") and HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF ONTARIO,REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO ("MTO") WHEREAS: A. MTO represents that it is the owner of the lands described as the Highway which is defined in paragraph 1.2; B. The Municipality has proposed to construct a Sanitary Sewer,defined in paragraph 1.4 as the Plant,crossing the Highway by jack and bore;and, C. It is deemed expedient to enter into this Agreement to give effect to the Municipality proposal of constructing the Plant within the Highway at the Location defined in paragraph 1.3. NOW THEREFORE in consideration of the terms of this Agreement and the sum of ten dollars of lawful money of Canada paid by each of the parties of this Agreement to the other, the receipt whereof is hereby acknowledged,The Municipality and MTO agree as follows: 1. Definitions In this Agreement: 1.1. "As-constructed Drawings"shall mean the drawings signed and sealed by a licenced Professional Engineer that reflect all elements of the completed work.The drawings shall depict coordinates and elevations at 5.0 in intervals along the completed installation based on geodetic datum and a typical detail cross-section; 1.2. "Highway"shall mean Highway 21 under the jurisdiction and control of MTO in Municipality of Kincardine,designated as Controlled Access Highway; 1.3. "Location"shall mean the area of the Highway 21 at station 11+830 on ETR 186- 21/7-0; 1.4. "Plant"shall mean 90m of a 300mm diameter sanitary sewer pipe in a 750mm diameter casing within MTO's ROW as per BMROSS Consulting Engineered drawings,Sheet 2A dated May 18,2023 as illustrated in Schedule"A". 1.5. "PTHIA"shall mean the Public Transportation and Highway Improvement Act, R.S.O. 1990,c.P.50 and any amendments thereto from time to time. 2. Terms and Conditions for Construction 2.1. The Plant shall conform to the drawing contained in in Schedule"A"and be installed a minimum of 3.5m below the bottom of existing Highway ditch. 2.2. The Municipality,following the execution of this Agreement,may construct,at no cost to MTO,the Plant within the Highway in accordance with this Agreement, including Schedule"A"and Schedule`B"as applicable. 2.3. Within three(3)months of the completion of construction of the Plant,the Municipality will provide As-constructed Drawings to MTO. 2.4. The Plant shall be constructed in accordance with Schedule A,so as to not introduce conflict with MTO's intersection improvements,including the future installation of traffic signals,at the Highway 21 and Kincardine Avenue. -2- 2.5. The Municipality agrees that all cost associated with any claim,action,cause of action or liability from loss,damage,arising due to,out of,from or in connection with construction of the sanitary sewer not conforming with Schedule A and thus impacting MTO's intersection improvements,shall be borne by the Municipality. 3. Maintenance and Repair 3.1 The Municipality,under the terms of this Agreement,is hereby deemed to be under an obligation to effect,and shall effect at no cost to MTO,all required maintenance and repair to the Plant according to the standards of the Municipality,any other agencies as required for their approvals,and to the satisfaction of MTO. The Municipality,at no cost to MTO,shall keep the area of the Highway occupied by the Plant in a neat and tidy condition according to the standards of the Municipality,any other agencies as required,and to the satisfaction of MTO. The Municipality shall also obtain the necessary approvals/permits from MTO for all required maintenance and repair to the Plant. 3.2 In the case of maintenance and repair(emergency or otherwise),all costs associated with the repair of MTO infrastructure as a result of this activity shall be borne by the Municipality. Further,MTO will coordinate and implement the required traffic management and infrastructure repair in accordance with MTO standards in consultation with the Municipality,at the cost of the Municipality. 4. Relocation and/or Temporary Diversion in whole or in part within the Highway 4.1. The Municipality,at its own expense,at any time on the receipt of written notice from MTO,shall suspend operations,remove,alter,or relocate any or all of the Plant contemplated herein as may be required by MTO to facilitate any MTO construction project,reconstruction project,or maintenance project within the Highway which requires the construction of buried foundations,or any other works,at the same location as the buried Plant. MTO agrees that it shall act reasonably in the design and specification of any such construction or reconstruction project,and prior to requiring any such removal,alteration,or relocation of any portion of the Plant,MTO shall assess all reasonable design alternatives which do not necessitate any removal or relocation of the Plant. 4.2. Any written notice from MTO referred to in section 4.1 shall be by either registered mail or by facsimile and shall: A. specify either the portion or the whole of the Plant to be dealt with;and, B. specify a relocation and/or temporary diversion date of at least 60 calendar days after the date of the postmark,if by mail,or after the date of transmission,if by facsimile 4.3. On or following any respective relocation and/or temporary diversion date,the Municipality shall cause the area of the Highway,specified in the paragraph 4.1 notice,to be left in a neat and tidy condition. 4.4. On the relocation and/or temporary diversion date referred to in any paragraph 4.1 notice,the use by the Municipality of the portion of the Highway specified by that letter is hereby deemed to be ended. 4.5. Notwithstanding the other provisions of this Agreement,in the event of an emergency,as determined by MTO in its sole discretion,requiring MTO to act to repair or maintain the Highway in respect of matters of highway safety or highway traffic flow: A. MTO may give the Municipality oral or written notice of such emergency. Upon such notice,MTO may temporarily suspend the rights of the Municipality under this Agreement;and -3- B. MTO shall not be liable to the Municipality for any costs or damages incurred by the Municipality as a result of such temporary suspension. 4.6. Notwithstanding the other provisions of this Agreement,in the event of an emergency,as determined by the Municipality in its sole discretion,requiring the Municipality to act to repair or maintain the Plant: A. The Municipality shall give MTO oral and written notice of such emergency, and provide a written description of the nature and extent of the emergency repairs required and the potential impacts to highway traffic flow and/or the Highway; B. All work shall be completed to the satisfaction of MTO,in accordance with the Occupational Health and Safety Act(of Ontario)and the Environmental Protection Act. All traffic control shall be in compliance with Ontario Traffic Manual,Book 7;and C. MTO shall not be liable to the Municipality for any costs or damages incurred by the Municipality as a result of undertaking the required emergency repairs. 4.7. Nothing under paragraphs 4.1 to 4.5 shall be construed as lessening the obligation of the Municipality to MTO under the paragraph 9.1 indemnity. 5. Insurance 5.1. During any construction,maintenance or repair of the Plant,the Municipality or its contractor shall have in place a commercial general liability policy of insurance covering property damage,bodily injury and personal injury,including the following: - have MTO,via an endorsement,as an additional insured in that policy; - not be subject to cancellation without reasonable notice to the MTO; - cover the period of time specified above; - be in the amount of at least Five Million($5,000,000.00)Dollars Canadian per occurrence;and - contain a cross liability clause endorsement. 6. Addresses 6.1. The address of the Municipality for the purposes of this Agreement,unless the Municipality otherwise advises in writing,is: The Municipality of Kincardine 1475 Concession 5,RR#5, Kincardine,Ontario N2Z 2X6 Attention: Chief Administrative Officer Tel.519-396-3468 ext.7141 6.2. The address for MTO for the purposes of this Agreement,unless MTO otherwise advises in writing,is: Corridor Management Ministry of Transportation 659 Exeter Road London,ON N6E 1L3 Tel.(519)-873-4203 Fax:(519)873-4228 -4- 7. Warranty 7.1. The Municipality warrants that it has taken all necessary steps,done all acts,passed all by-laws,and obtained all approvals required to give it the authority to enter into this Agreement. 8. MTO Encroachment Permit 8.1. Upon execution of this Agreement,MTO will issue to the Municipality a MTO encroachment permit under section 38(2)(a)of the PTHIA.The terms and conditions of this permit are contained in Schedule`B'of this Agreement. 8.2. A copy of this Agreement,including Schedule"A'and Schedule"B",shall be attached to any future permit issued under PTHIA to the Municipality with respect to the Plant.Any such permit shall reference the same forming part of the terms and conditions of the permit. 9. Indemnification 9.1. The Municipality shall save harmless and indemnify MTO from all claims, demands,damages,proceedings,obligations,costs inclusive of solicitor and client costs,interest,and all actions,that MTO may suffer or incur based upon or attributable to anything done or omitted to be done by the Municipality,in connection with this Agreement,save and except to the extent of any negligence of MTO. 10. Compliance with Laws 10.1. The Municipality shall comply with all applicable laws in the compliance with any provisions of this Agreement. 11. Assignment 11.1. This Agreement may not be assigned by the Municipality without the prior written consent of MTO. 5 12. Binding Agreement 12.1.This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. IN WITNESS OF ALL contained in this Agreement: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Kenneth Craig IIIIIIIII Jennifer Lawrie Slgned wllh Conslgn0 Cloud(2023/07/14) IIIIIIIII I IIII III IIII I�IIIIIIIIIII Slgned wllh Conslgn0 Cloud(2023/07/14) lulllllllllll lllllll II II IIII Verify with verifio.mm or Adobe Reader. Verify with verifio.mm or Adobe Reader. Mayor Clerk HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO Digitally signed by Kevin Kevin Devos D Daate:te: 2023.07.20 08:05:21 -04'00' Head,Corridor Management West For the Ministry of Transportation For the Province of Ontario -6— SCHEDULE"A" ............................................................................................................... .........................................................................................................................R...'.............................'............................................ T04 UPI w S e BBk iiYS"'F F gygb p3 @3 iyp a ..._ g ppp f S mot O F OWL 1!ITS, 11 I: d 7 � pp b�' P ig I I ik pppp �epP7Pp 13 rrr I ;;;/ Eex'ael @46+1 x3tl $g 1 8 fi5 c R figpppgk f i Jul 0 - C16Z'hl 1 ] IN MW IF, 1 aa�w a�d EMU big g u p QI �. 1 � _. S as Nil UNNI ME kbda 3 E� �Y a���$i 114 � �1 i I V ' �� � 9� I; tlgp' so P£z+l pp F � a -7- SCHEDULE "B" Conditions for Encroachment Permits and Utility Installations On or Under a King I s Highway THIS APPENDIX,,A,, FORMS PART OF THE CONDITIONS OF YOUR PERMIT. THESE ARE GENERAL CONDITIONS ONLY. PLEASE NOTE ANY SPECIFIC INSTRUCTIONS AND/OR CONDITIONS ON THE FRONT OF YOUR PERMIT. 1. The Applicant shall give the Owen Sound Highway Maintenance Ltd. Patrol Supervisor,Tyler McDonald,519-510-1000,email;Tyler.McDonald@millergroup.ca five(5)working days notice PRIOR to commencing any work,and shall also inspect the site on completion with the Patrol Supervisor. If the Applicant is unable to contact the Patrol Supervisor,the District/Area office responsible for issuing the permit must be contacted five(5)working days PRIOR to commencing any work. Contact Emerson Nicoll Phone:(519)404-7348 2. The applicant and their contractor(s)are responsible for all safety precautions and shall assume all liability for accidents.Two way traffic must be maintained with a minimum of disruption at all times unless arrangements have been approved by the ministry.Traffic safety measures must be taken in accordance with the Ontario Traffic Manual,Book 7,April 2022. 3. The Applicant shall also provide notice to the Ministry of Transportation Traffic Operations Centre, Fax Number:(519)873-4443 or by e-mail at WestReg ion.TOC@Ontario.ca. Notification must be received by 1600 hours on the day PRIOR to commencing any work. 4. For MTO electrical locates please call 1-800-265-6072. 5. No Material and Equipment shall be stored within 7.Om(23')of the travelled portion of any roadway. 6. No excavation is permitted within 3 m(10')of edge of pavement or back of curb. Excavations must be backfilled or fully enclosed/protected when unattended.All augured/directional bores shall have a one year performance warranty against heaving/settlements. 7. No excavating of the highway roadbed will be allowed for the purpose of recovering a boring device or underground piercing tool. 8. No torpedoes will be allowed for highway undercrossings. 9. Highway shoulders which are disturbed as a result of an installation will be restored by the Applicant with material as specified by the Ministry,at the applicant's expense,and to the satisfaction of the Ministry. 10. Pavement surfaces which become damaged as a result of an installation will be repaired by the Applicant as specified by the Ministry,at the applicant's expense,and to the satisfaction of the Ministry. 11. Affected areas to be restored to the original condition or better at no cost to the Ministry.All disturbed areas to be top-soiled,seeded or sodded as required.All disturbed ditches to be restored with at least four rows of sod placed in the bottom. 12. Any damage to trees,shrubs,ditches,grass areas shall be repaired or replaced by the Applicant,at the discretion of this Ministry. No trenching and/or plowing will be permitted within "Drip Line,,of trees, without prior approval. 13. The Applicant is responsible for all damages to any existing utilities and/or encroachments during the installation. The Applicant is advised to contact the owner(s)of such,for location prior to commencing work. 14. The Applicant shall give the Ministry's district/Area Office written notice of completion of work,and of any changes made during construction.Any changes to the alignment of the installation beyond 0.5 m must have Ministry approval. 15. Work must be started within six(6)months of the date the permit is issued,or the permit becomes null and void. 16. This Permit may be temporarily revoked as result of the ministry wishing to carry out construction or other works in the area or for any other reasons,for any works carried out by the applicant under this permit. 17. The applicant must contact other agencies and municipalities(ie:conservation authorities,ministry of the environment,municipal drainage superintendent,etc.)as required,for their approvals. 18. All work performed within the right-of-way shall be done in accordance with the Occupational Health and Safety Act(of Ontario)and the Environmental Protection Act. 19. Hydro poles and anchors shall be located a minimum of 7.0 m(23')from the edge of the travelled portion of the lane closest to the plant. 20. The applicant shall co-ordinate the work with other Contractors within and/or adjacent to the project limits to ensure that they do not perform work in the same area at the same time. The applicant is - 8- responsible for notifying the issuer of this permit if they become aware of this situation. NOTE: APPLICANT IS RESPONSIBLE FOR ENSURING THE CONTRACTOR IS MADE AWARE OF ALL CONDITIONS AND IS PROVIDED WITH A COPY OF THE PERMIT AND ALL CONDITIONS. -9- Ontairio NOTIFICATION OF FIELD WORK OPERATIONS Sent by and phone# MTO Contact and phone#: Sent Date: Contract# 24 Hr Contact and phone: Highway#: Location From:(Km or Interchange or nearest Location To:(Km or Interchange or nearest Community) Community) Ramp Closure(If applicable) Times: Interchange#/Road Name ❑Eastbound ❑Off Ramp❑On Ramp ❑Westbound ❑Off Ramp❑On Ramp ❑Northbound ❑Off Ramp❑On Ramp ❑Southbound ❑Off Ramp❑On Ramp Lane Closures(indicate date and hours) Left Centre Right Shld.Only ❑Eastbound- ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Westbound- El ❑ ❑ ❑ ❑Northbound- ❑ El El ElSouthbound- Work to be Performed: Equipment: General Information yes no Comments/Extra Info: Weather permitting ❑ ❑ Reduced speed ❑ ❑ Advanced signing to be ❑ ❑ erected ❑ ❑ Mobile operation ❑ ❑ Flagging operation Signature: Please remember the information supplied is required for public and Emergency Services information via media advisories. Keep all details clear,concise and correct. E-Mail to WestRegion.TOC((�ontario.ea or fax to West Region TOC(519)873-4443 or no later than 1600hrs the day before the closure is to occur.TOC phone number is 519-873-4223 Revision# Page