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Home My WebLink About04 175 agree mto, hwy 9 e e e e TIlE CORPORATION OF THE MUNICIPALITY OF KINC INE II. BY-LAW NO. 2004 -175 BEING A BY-LAW TO AUTHORIZE THE SIGNI G OF A LETTER OF AGREEMENT WITH HER MAJESTY THE QU EN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESEN D BY THE MINISTRY OF TRANSPORTATION WHEREAS Section 18 of the Public Transportation and Highway rafflc Act, R.S.O. 1990, c.P. 50, authorizes that the Minister has, within the limits of ny municipality in which the King's Highway is situate, all the powers that may be exercised by that municipality in respect of its highways. I , AND WHEREAS Section 44 of the Municipal Act 2001, S.O. 2001 '4' 25, as amended, provides that municipalities shall keep a highway or bridge in a s te of repair that is reasonable in the circumstances; I i AND WHEREAS Her Majesty the Queen in Right of the ProVif.ce of Ontario as represented by the Ministry of Transportation deems it necessary to r place a culvert on Highway 9, between the 10'4'0 and 15 Side Roads of the Municipality of Kincardine; AND WHEREAS Her Majesty the Queen in Right of the Provi~ce of Ontario as represented by the Ministry of Transportation deems it necessary tf use as a detour, certain roads located within the Municipality of Kincardine; i , , AND WHEREAS pursuant to the said Municipal Act, Sections 8 and (1) municipalities are provided with the powers of a natural person to enable them to ovem their affairs as they consider appropriate and to enhance their ability to respond t municipal issues; AND WHEREAS Her Majesty the Queen in Right of the Provi ce of Ontario as represented by the Ministry of Transportation has agreed to ent r into a Letter of Agreement with the Corporation of the Municipality of Kincardine, atta hed to this By-law as Schedule "A", and which provides benefit to both parties of the ag ement; NOW THEREFORE the Council for The Corporation of the Munici lity of Kincardine ENACTS as follows: 1. That the Corporation of the Municipality of Kincardine enter into a Letter of Agreement for Roadway Reconstruction and Repair with Her Ma esty the Queen in Right of the Province of Ontario as represented by the Ministry of ransportation and attached to this by-law as Schedule "A". 2. That the Mayor and CAO be authorized to sign, on behalf of The ~rporation of the Municipality of Kincardine, the Letter of Agreement with Her Maj sty the Queen in Right of the Province of Ontario as represented by The Ministry of. ransportation. .../2 e e e - Highway 9 MTO Letter of Agreement, By-Law . By-Law 2004 -175 Page 2 of 2 3. This By-law shall come into full force and effect upon its final pas~age. ! 4. This By-law may be cited as the "Highway 9 Culvert Replaceme~t MTO Agreement, By-law" . READ a FIRST, SECOND and THIRD TIME and 1~ day of November 2004. ! FINAL~ Y PASSED this i I I ß1~-£. A Mayor ..... -------- / I . ~. --.'", . . - , . ..... 659 Exeter Road London, Ontario N6E 1L3 August 11, 2004 Ms. Rosaline Graham ClerkfThe Municipality of Kincardine Municipality of Kincardine Administration Centre 1474 5th Concassion RR#5 Kincardine, Ontario N2Z 2X6 This is Schedule" 11- " to By-Law NO.,;)ooIf-l7fass~f da~ of tlJO\) 2. ß.Jl....~~·~ Mayor ~ Dear Ms. Graham: RE: Letter of Aareement for the MuniciDalitv of Kincardine Roadwav Reconstruction and Reøair. Costs Recoverable bv MTO This signed Letter of Agreement (hereinafter referred to as the "Agreement") will constitute mutual agreement between Her Majesty the Queen in right of the Province of Ontario, rapresented by the Minister of Transportation for the Province of Ontario (hereinafter referred to as the "Ministry") and The Corporation of the Municipality of Kincardine (hereinafter referred to as the "Municipality") on the following: 1. Subject to section 2, the Ministry agrees to carry out the following at the cost of the Ministry: geotechnical investigations, all designs, tender, reconstruction and repair of the Municipality's roadways, in particular, the reconstruction with hot mix paving of Siderœd 10 between the North Line and Kings Highway 9, the resurfacing of the North Line between Kincardine Road 15 and Kings Highway 21. and repairs as required to Kincardine Road 15 (see attached Plan "A"). These works will be undertaken as part of the Ministry's culvert replacement contract on Highway 9 under Group Work Project 3097~3-00. 2. The Municipality agrees to compensate the Ministry for the following: construction costs directly relating to the actual hot mix paving of Sideroad 10 between the North Line and Kings Highway 9 subject to the adjustment stated hereafter. For budget forecasting purposes an estimate in the amount of $ 35,000.00 (GST included) has been calculated using the cost of hot mix paving minus the cost of reconstruction with double surface treatment to a gravel road. However, the Municipality agrees to compensate the Ministry for the adjusted amount, that being the "Bid Price" of hot mix paving item relating to Sideroad 10, minus the estimated cost of reconstruction with double surface treatment to a gravel road. Page 1 < *. ~·I < - 3. The Ministry agrees to provide the Municipality with a copy of the contract drawings and documentation, the bid price of the hot mix item directly related to the hot mix paving of Sideroad 10 between the North Line and Kings Highway 9, and written notification by the Ministry of the completion and acceptance by the Ministry of the work of it's cor\tractor regarding the reconstruction with hot mix paving. The Ministry is providing herewith an engineering cost summary relative to section 2 (see ..tbd1ed Engi.-ing Cost Summary, Schedules 1 and 2) and will provide updated versions following award of the tendered contract. 4. On December 1st of the year of the completion of the Ministry's contract, the Municipality agrees to provide the Ministry with a certified cheque. in full, for the adjusted amount stated in section 2 (GST included in the amount). The cheque shall be made payable to the Minister of Finance and is to be delivered to the Ministry on or before December 1 st of the year of the completion of the Ministry's contract. 5. The Ministry agrees that it will be the proponent of the works and will obtain the necessary environmental approvals under the Environmental Assessment Act. 6. The Municipality warrants that it has taken all necessary steps, past all resolutions and by-laws, complied with all laws and obtained all approvals legally required to give it authority to enter into this Agreement. 7. The term of this Agreement is from the date of execution of this Agreement by both parties to the date that the Ministry receives payment in full for all sums owed by the Municipality to the Ministry under this Agreement. 8. The address of the Municipality under this Agreement for service, unless otherwise advised, is: The Municipality of Kincardine Administration Centre 1474 5th Concession R.R.#5 Kincardine, Ontario N2Z 2X6 Attention: Ms. Rosaline Graham Clerk The Municipality of Kincardine Telephone: (519) 396-3468 Fax: (519) 396-8288 9. The address of the Ministry under this Agreement for service, unless otherwise advised, is: Ministry of Transportation Southwestern Region Planning and Design Section 659 Exeter Road London, Ontario N6E 1 L3 Attention: Randy Mcintyre Project Manager, Planning and Design Telephone: (519) 8734547 Fax: (519) 873-4600 Page 2 '-~: - " -"- , Notîcas under this Agreement shall be in writing and sent by personal delivery, facsimile ("Fax") or by registered mail. Notices by registered mail shall be deemed to have been received on the fourth business day after the date of mailing. Notices by personal delivery or by Fax shall be deemed to have been received at the time of delivery or transmission, unless delivered or transmitted on a weekend or holiday, in which case such notice shall be deemed to have been received on the next business day. In the event of an interruption in postal service, notice shall be given by personal delivery or Fax. If the above meets with your approval, please sign and date all four (4) copies of this Letter of Agreement, and retum all original copies to this office as soon as possible for execution. This signed Letter of Agreement will then constitute a mutual Agreement by both parties to have the Municipality's roadways, as described in sections 1 and 2, reconstructed and repaired by the Ministry. Sincerely, ~~~~,,¿ ~ Michael Plant, P. Eng. Manager, Operational Services Ministry of Transportation Southwestern Region THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE c.s. :S:"l- ~ [f..,.. ~ JJ c.."" íV I::' <oJ lC( l 04- Date Authorized Signature ß¡Q.,,->-t. ~ , 11 N4vÆw.4/K k.'f Authorized Signature ( '""*" ) Date Page 3 , , ....··ot'-"'.·..- . . . - , SCHEDULE 1 Sideroad 10 Surface Treatment (Estimated): 6.40 m width x 2000 m = 12800 m2 x $ 3.oo/m2 = 38,400.00 (Use $ 39,000.00) 50 mm HL 4 (Estimated): 6.40 m width x 2000 m x 117.5 kalm2 = 1504 t x $ 49.oo/t = 73,696.00 (Use $ 74,000.00) 1000 Difference: S 35.000.00 for budget forecast by the municipality. SCHEDULE 2 Slderoad 10 Surface Treatment (Estimated): 6.40 m width x 2000 m = 12800 m2 x $ 3.oo/m2 = 38,400.00 (Use $ 39,000.00) 50 mm HL 4: Bid $ (to be completed) Difference: $ (to be completed) to be contributed by the municipality. 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