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HomeMy WebLinkAbout14 034 Ministry of Transportation South Line Detour Work Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE , I0 LIiy OF K10 BY -LAW NO. 2014 - 034 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE MINISTRY OF TRANSPORTATION FOR DETOUR WORK ON THE SOUTH LINE WHEREAS Sections 8 (1) and 9 of the said Municipal Act, 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 a municipality 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 parking and traffic on highways; AND WHEREAS the Ministry of Transportation Ontario is the owner and road authority of Highway 9 in the Municipalty and intends to reconstruct the section of Highway 9 from 0.009km west of the centreline of Highway 21 to 0.15 km west of Bruce County Road 7; AND WHEREAS due to the above noted reconstruction work, a section of the South Line will be used as a Detour Route and the Municipality is the owner and road authority of the South Line; • AND WHEREAS the Minist ry of Transportation Ontario recommends that Detour Work be completed to upgrade the South Line to support the use of the Municipal road as part of the Detour Route; AND WHEREAS the Municipality deems it advisable enter into an agreement with the Ministry of Transportation Ontario regarding the above noted Detour Work; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Council of The Corporation of the Municipality of Kincardine enter into an agreement with Ministry of Transportation Ontario to complete Detour Work on the South Line, attached hereto as Schedule `A' and forming part of this by -law. 2. That the Mayor and Chief Administrative Officer or Clerk be hereby authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement and any other documents required. • Page 2 Ministry of Transportation South Line Detour Work Agreement By -law By -law No. 2014 - 034 3. This by -law shall come into full force and effect upon its final passage. • 4. This -I "Ministry aw may be cited as the Ministry of Transportation South Line Detour Work Agreement By -law ". READ a FIRST and SECOND TIME this 19th day of March, 2014. READ a THIRD TIME and FINALLY PASSED this 19th day of March, 2014. -i Mayor Clerk � • 1111 • This is Schedule "_►.." to By -Law No.20Iq passed the I q day of M'Y)(2 /CY1 . 201 q THIS AGREEMENT is made this 9 day of m ccicLb , 201 �} between: THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE (the "Municipality ") and: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO (the "MTO ") WHEREAS: A. The MTO is the owner and road authority of Highway 9 in the Municipality of Kincardine. MTO intends to reconstruct the section of Highway 9 from 0.009 km west of the centreline of Highway 21 to 0.15 km west of Bruce County Road 7, under G.W.P. #3126- 10 -00. B. The MTO has satisfied the requirements of the Environmental Assessment Act for the MTO Work Project (as defined in paragraph 1.5). C. The Municipality is the owner and road authority of the following road in the Municipality of Kincardine within the vicinity of G.W.P. #3126- 10 -00: • South Line. D. During the reconstruction of Highway 9 the MTO is required to provide local access only for the temporarily closed portion of Highway 9 within the project limits. Local access includes access at all times to properties fronting onto Highway 9 for the following parties (but not limited to): residents, Ontario Provincial Police, Emergency Management Services, school bus service, municipal trash collection and Canada Post. Regular through traffic from Highway 9 would be directed to use the Detour Route (as defined in paragraph 1.4 and illustrated in Schedule "A "), in the Municipality which includes the section of the following road of the Municipality: • South Line. E. MTO recommends that the Detour Work (as defined in paragraph 1.6) be completed to upgrade South Line to support the use of South Line as part of the Detour Route. F. The Municipality agrees to MTO's use of a portion of South Line for MTO's use as part of the Detour Route during the temporary closure of Highway 9 during the following periods: - construction operations during 2014 from approximately June 2, 2014 until approximately October 31, 2014; and - construction operations during 2015 for an approximate 2 week maximum period, between approximately mid -May to mid -June dependant on acceptable weather for paving operations. G. It is deemed expedient to enter into this Agreement to further the construction and incidentals of the Detour Work by the Municipality, with all the "costs" (as defined in paragraph 1.2) inside and incidental to the right -of -way of South Line being at the cost of the parties as specified herein. NOW THEREFORE in consideration for the terms of this Agreement and the sum of Ten Dollars ($10.00) of lawful money of Canada paid by each of the parties of this Agreement to the other, the receipt whereof is hereby acknowledged, and other good and valuable consideration, the Municipality and the MTO agree as follows: 1. Definitions In this Agreement: 1.1 "cost" shall mean all the items of cost all howsoever styled inclusive of interest, inclusive of a cost sum or sums, and inclusive, but not limited to, out of pocket expenses, -1- consultants, contractors, environmental remediation, surveyors, solicitor and his client costs. And includes the concept of expense and all the items of expense all howsoever styled, inclusive of an expense sum or sums, unless specified otherwise. The staff time of neither the Municipality nor MTO shall be included as a cost and each party shall be responsible for the cost of their own staff time related to the Detour Work. 1.2 "costs" shall mean the same as "cost ", but in plural. 1.3 "cost of construction" shall mean those costs payable for the construction of the Detour Work, being all related materials, equipment, labour and contract administration. 1.4 "Detour Route" shall mean the route as illustrated in Schedule "A" and includes the illustrated portions of Municipality of Kincardine road: South Line. 1.5 "MTO Work Project" shall mean the reconstruction of Highway 9 from 0.009 km west of the centreline of Highway 21 to 0.15 km west of Bruce County Road 7, under G.W.P. #3126- 10 -00. 1.6 "Detour Work" shall mean, related to the improvements to the Detour Route for construction of Highway 9 shall include: Works to be completed by the Municipality: (a) removal of 176m of existing steel beam guiderail on South Line in accordance with the attached plan in Schedule "B ". (b) installation of 200m of new steel beam guiderail with channel in accordance with the attached plan in Schedule "B ". (c) Installation of MTO supplied regulatory and warning signs on South Line in accordance with the attached plan in Schedule "C ". The above noted work to be completed in accordance with Municipality practices, policies and procedures. 2. MTO and Municipality Responsibilities 2.1 MTO will, at the cost and expense of the parties as set out in article 5 below: A. Undertake two Pavement Condition Ratings in accordance with established MTO procedures prior to and after the use of South Line for the detour phases to establish baseline pavement conditions. These pavement evaluations will be shared with the Municipality as a basis of good faith negotiation regarding any repairs required as part of the detour utilisation. MTO will be responsible for any costs to maintain or repair the pavement caused during the detour phases on South Line. The repairs are to address degradation based the pavement condition identified in the Pavement Condition Ratings. B. Provide line painting on South Line in accordance with MTO standards prior to and after the completion of the use of South Line as the detour. This work includes additional new 10 cm white edge lines provided at both pavement edges and re- painting of yellow 10 cm centreline paint to the current configuration. C. Provide the signboards and layout plan for the regulatory and information signs to be placed on South Line to the Municipality for installation by means of this Agreement. This signage, which is in accordance with Ontario Traffic Manual Book 5 — Regulatory Signs, and, Ontario Traffic Manual Book 8 - Guide and Information Signs, shall remain as the property of the Municipality upon completion of the detour utilisation. -2- D. Provide material details and layout plan for the new steel beam guiderail to be placed on South Line to the Municipality for installation as per the terms of this Agreement. E. Provide Detour Route signage in accordance with Ontario Traffic Manual Book 7 - Temporary Conditions as specified in MTO's contract. This signage shall be supplied, installed, maintained and removed as specified on the Detour Route by the MTO's contractor. F. MTO will provide the Municipality with contact details of the "Emergency Contact Person ", as per the MTO's construction contract, so that issues related to Detour Route signage condition and pavement condition issues can be forwarded to the Emergency Contact Person on a 24 hour per day and 7 day per week availability. 2.2 The Municipality will, at the cost and expense of the parties as set out in article 5 below: A. Complete the work noted above in paragraph 1.6 in accordance with Municipality practices, policies and procedures. 2.3 The MTO Work Project is scheduled to occur in 2014 and 2015. Subject to the Ministry receiving the required appropriations from the Legislature of Ontario for the MTO Work Project, construction is anticipated in 2014 and 2015. 3. Future Work 3.1 The MTO by cost - sharing the Detour Work under this Agreement shall not be construed as being responsible for any future works to South Line. 4. Commencement of the Detour Work and Use of the Detour Route 4.1 The Municipality shall use all reasonable efforts to bring the Detour Work to completion on or before the start date of the Detour Route by May 30th, 2014 unless such date is otherwise amended by the MTO's West Region Manager of Engineering and the Municipality. 4.2 The Municipality agrees to MTO's use of portions of South Line for MTO's use as part of the Detour Route during the temporary closure of Highway 9 during the following periods: - construction operations during 2014 from approximately June 2, 2014 until approximately October 31, 2014; and - construction operations during 2015 for an approximate 2 week maximum period approximately between mid -May to mid -June dependant on acceptable weather for paving operations. 5. Financial Contributions and Conditions for Payment 5.1 It is agreed that for the steel beam guiderail with channel installation as indicated in the attached plan in Schedule "B ", the MTO will reimburse the Municipality for the actual cost of the same as evidenced by tender /invoice amount(s) accompanied with all supporting documentation for associated material, equipment and labour to complete the installation of the new steel beam guiderail. The estimated value for the installation of the new steel beam guiderail in accordance with the attached plan in Schedule "B" is $32,000. 5.2 It is agreed that for the sign installation as indicated in the attached plan in Schedule "C ", the MTO will reimburse the Municipality for the actual cost of the same as evidenced by tender /invoice amount(s) accompanied with all supporting documentation for associated material, equipment and labour to complete the installation of the new signs. The -3- estimated value for the installation of the new signs in accordance with the attached plan in Schedule "C" is $6,000. 5.3 The Municipality, upon completion of the Detour Work, will at that time invoice the MTO at the address shown in paragraph 7.1. The amounts payable in paragraphs 5.1 and 5.2 are payable by the MTO to the Municipality in respect of the Detour Work and the MTO shall pay by cheque submitted to the Municipality, made payable to the order of "The Corporation of the Municipality of Kincardine" within 60 calendar days after receipt said invoice, the sum set forth as payable in that invoice. 5.4 Costs and responsibility for costs associated with any additional works requested, during the detail design or construction of the Detour Work, beyond those defined as the Detour Work, will be the responsibility of the party that requests such work unless agreed upon between MTO and the Municipality prior to initiation of those additional works. 6. Warranty 6.1 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. 7. Addresses 7.1 The address of the Municipality under this Agreement, unless otherwise advised, is: Murray Clarke Chief Administrative Officer Municipality of Kincardine 1475 Concession 5, R.R. #5 Kincardine, ON N2Z 2X6 Telephone: (519) 396 -3018 The address of the MTO under this Agreement, unless otherwise advised, is: Ann Baldwin Regional Director, West Region Ministry of Transportation 659 Exeter Road London, Ontario, N6E 1 L3 Telephone: (519) 873 -4333 Fax: (519) 873 -4236 7.2 Notices under this Agreement shall be in writing and sent by personal delivery, facsimile transmission ( "Fax ") or by registered mail. Notices by registered mail shall be deemed to have been received on the fourth business date after the date of mailing. Notices by personal delivery or by Fax shall be deemed to have been received at the time of the 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. 8. Dispute Resolution 8.1 In the event of any dispute between the Municipality and the MTO as to any matter under this Agreement, the dispute shall be dealt with in the following manner and sequence: A. The parties will meet to discuss the dispute in good faith and use all reasonable efforts to resolve the matter by negotiation; B. If the dispute cannot be resolved by negotiation within a reasonable period of time, then the parties shall submit the matter to non - binding arbitration and the -4- provisions of the Arbitrations Act, 1991, S.O. 1991, c.17 as amended, shall apply; and C. If the dispute is not resolved through non - binding arbitration, then the parties may pursue their strict legal rights available at law. 9. Entire Agreement 9.1 This Agreement, including any schedules attached hereto, constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and there are no representations, understandings or agreements, oral or written, with respect to the subject matter hereof which are not included herein. IN WITNESS OF ALL contained in this Agreement: Dated this t q 41 day of 1-"1. , 201' -} THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE 41110 - ayor Chief Administrative Officer Dated this 604\ day of 4 , 2014 HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO, REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF ONTARIO Regional Director -5- SCHEDULE "A" TO AGREEMENT BETWEEN THE MUNICIPALITY OF KINCARDINE AND THE MTO - "DETOUR ROUTE" 4 / ® BRUCE COUNTY O MUNICIPALITY OF KINCARDINE rl ,�� T s KINCARDINE . o q pR�TyRRQ(i c p '07 **,„ v PINE RIVER TOWNSHIP OF - -- HURON- KINLOSS -6- SCHEDULE "B" TO AGREEMENT BETWEEN THE MUNICIPALITY OF KINCARDINE AND THE MTO - "DETOUR WORK - STEEL BEAM GUIDE RAIL WITH CHANNEL" SIOER0A0 20 (GRAVEL) ROUGE ROAD LIMIT OF CON • 8TA 18.010 SIOERDAD 15 5 SIOEROAD 15 S I I SIDEROAD 10 5 ` 51DEROAO 10 (GRAVEL) LOCATION OF STEEL BEAM O GUIDE RAIL WITH CHANNEL REPLACEMENT - 3 zF i. ODO I UNIT OF CONT' • 81A1 0*WB NNN AY HIGHWAY 21 HIGHWAY 21 IS -APPROXIMATE LOCATION CONFIRM W 1.20 3.35 3.35 _ 1.20 % FIELD SHLD. LANE I LANE SHLD. , -NEW STEEL BEAM GUIDE RAIL WITH CHANNEL TO BE INSTALLED — EXISTING STEEL BEAM GUIDE RAL TO ---� — ^— — — �! BE REMOVED NORTH South Line SOUTH REMOVE 17&n EXISTING STEEL BEAM GUIDE RAIL REPLACE 200m NEW STEEL BEAM GUIDE RAIL WITH CHANNEL NOT TO SCALE -7- CO 1 m NORTH LINE NORTH LINE _ , -- -- 0 I O Z LIMIT OF CONTRACT z y ' LIMIT OF CONTRACT , 3 -- STA10 +009 - - -- _ o in STA 18+040 0 DJ T u ° ¢ o ° C y m K o C • 1 W O cn N. MILLAFTON 3ER C T m HIGH 'WA- 9 . � z _.. HIGHWAY 9 _ T I a DJ TI C KINCP.R.DINE - w ,� m 0 v� I C 21 D —I F x8 w . 00 Q 1 Om0 0 D O L 0 © OC"O1 �� _�__� „- OU IN L""� -S OUT H LI NE KINCARDINE AVE -. - SOUTH LINE .� . ® i•- o Oc G0 c ST < ©� CI z z m ®F x 8 0 0 jj N * - M - - - -- - - - -- HURON- KINCARDINE TOWNLINE > z z DJ M -I D © © o ! 0 0( 0 0 0 0o CD -- I '.,. m < hm /A z Wa -5L Wa -5R Wa- -13aRi Wo -13aL Wa -11a Wa - We - Rb — 8077 Wz2 - Cn K 750x750 750x750 750x750 1 750x750 750x750 600x750 750x750 600x900 750x750 125x125 O NOT TO SCALE 1 Contract Sign Table: 2014 -3009 GWP: 3126 -10 -00 Contract Sign Table Highway /Road Name: Detour Route - South Line, Kincardine L/R Sign Code Associated Sign Size Sign Message / Description Face Comments Letter h x w Dir (mm) Rt Rb-la H 600x900 Maximum 80 km /h E 150m east of Hwy 21 CL Rt Wc-23 G 750x750 Horse -Drawn Vehicle E 250m east of Hwy 21 CL Rt Wa -5L A 750x750 Curve: Reverse Left E 350 m west of Side Road 5 CL 8 @ 35m spacing 250m east of Side Rt Wa -9 F 600x750 Chevron Alignment E Road 5 CL Rt Wa -13aR C 750x750 Intersection: Right E 250m west of Side Road 5 CL Lt Rb-la H 600x900 Maximum 80 km /h W 150m west of Side Road 5 CL Rt Rb-la H 600x900 Maximum 80 km /h E 500m east of Side Road 5 CL Lt Wa -13aL D 750x750 Intersection: Left W 250m east of Side Road 5 CL Lt Wa -5L A 750x750 Curve: Reverse Left W 360m east of Side Road 5 CL 8 @ 35m spacing 250m east of Side Lt Wa -9 F 600x750 Chevron Alignment W Road 5 CL Rt Wa -5R B 750x750 Curve: Reverse Right E 390m east of Side Road 5 CL Lt Wa -5R B 750x750 Curve: Reverse Right W 1050m east of Side Road 5 CL Lt Rb-la H 600x900 Maximum 80 km /h W 150m west of Side Road 10 CL Intersection 4 -Way Rt Wa -11a E 750x750 Controlled E 250m west of Side Road 10 CL Rt Rb-la H 600x900 Maximum 80 km /h E 150m east of Side Road 10 CL Intersection 4 -Way Lt Wa -11a E 750x750 Controlled W 250m east of Side Road 10 CL Rt Wa -13aR C 750x750 Intersection: Right E 250m west of Side Road 15 CL Lt Rb-la H 600x900 Maximum 80 km /h W 150 m west of Side Road 15 CL Rt Rb-la H 600x900 Maximum 80 km /h E 150m east of Side Road 15 CL Lt Wa -13aL D 750x750 Intersection: Left W 250m east of Side Road 15 CL Lt Wc-23 G 750x750 Horse -Drawn Vehicle W 250m west of Bruce Road 7 CL Lt Rb-la H 600x900 Maximum 80 km /h W 150m west of Bruce Road 7 CL Place per Municipality of Kincardine 8077 I 750x750 Hidden Entrance Requirements Place per Municipality of Kincardine Wz2 -1 J 125x125 Plow Marker Requirements -9-