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
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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.
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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
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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
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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
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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
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SCHEDULE"A"
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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
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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.
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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