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HomeMy WebLinkAboutTIV 88 001 agree prepiping hw21 Ii \ THE CORPORATION OF THE VILLAGE OF TIVERTON BY-LAW NUMBER 1988 - 1 "COST SHARING AGREEMENT" . WHEREAS subsections (1) and (2) of Section 27 of the Public Transport- I' at ion and Highway Improvement Act R.S.O. 1980, c. 241, s. 27 provides Ithat: " II Where the Minister considers it advantageous for the Ministry and any municipality to combine separate work projects, the Minister and Municipality may enter into agreements for the construction of such works on any terms and conditions, including the sharing of costs, that the Minister considers advisable. ¡I II II II i Any municipality shall be deemed to have all the powers necessary to enter into and carry out the terms and conditions of an agreement made under subsection (1) R.S.O. 1980, c. 421, s. 27. I i i i Ti vertonil NOW THEREFORE the Council of the Corporation of the Village of enacts as follows: "Whereas the appended proposal dated the 5th day of January 1988, for the construction of sanitary sewers, as part of the còntract to reconstruct Highway 21 throughout the Village of Tiverton, has been prepared pursuant to the said agreement with Her Majesty the Queen, in the Right of the Province of Ontario, as represented by the Minister." BE IT THEREFORE ENACTED by the Council of the Corporation of the Village of Tiverton: 1. That the hereinbefore recited proposal be approved. 2. That the Reeve and Clerk be and they are hereby authorized and directed to sign the hereinbefore recited proposal and to affix thereto the seal of the Corporation. ¡Passed by the ,January 1988. Ii Council of the Village of Tiverton this 12th day of . .- :..:-.~ I í I II II Ii . .-. . Ree e - ".../- .:. -- ;... 2:~uJ0ÁMj~~)~f-: lerk --- 'I , " I' . . . , , MINISHY Dr TRAlISFIJI'T.'flOrl AtIO r.nf,1~,HJ'::r.~JJnN!; t·...:9~1 P'nUlch BV.~ O".;¡j.",.,.( ft) APPROVED THIS INDENTURE made in triplicate this 5th day of January, 1988. BET WEE N: HER MAJESTY THE QUEEN, in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario, Hereinafter referred to as "THE MINISTER" , OF THE FIRST PART: - and - THE CORPORATION OF THE VILLAGE OF TIVERTON, Hereinafter referred to as "THE MUNICIPALITY", OF THE SECOND PART: WHEREAS the Minister proposes to reconstruct a portion of the King's Highway No. 21 within the corporate limits of the MunicipalitYI AND WHEREAS the Municipality is desirous of installing for its own purposes, a sanitary sewer in the same general area as that portion of Highway No. 21 to be reconstructed, AND WHEREAS the Municipality requires from the Minister a permit in order to install the said sanitary sewer within the limits of Highway No. 21. AND WHEREAS the Municipality has applied to the Minister for such a permit. AND WHEREAS the parties hereto have agreed that it would be expedient for the Minister to install, on behalf of the Municipality, the portion of the sanitary sewer which will be located within the limits of the portion of Highway No. 21 which will be reconstructed. AND WHEREAS the Minister has agreed to the granting of such a permit and to the installation of the said sanitary sewer by the Minister upon the following terms and conditions. NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the premises and the covenants hereinafter contained, the parties hereto for themselves, their successors and assigns hereby mutually agree each with the other as follows: 1. The Minister will grant, subject to his standard requirements, an Encroachment Permit to the Municipality to allow the installation of the sanitary sewer shown in the drawings described in paragraph 2 below within the limits of the King's Highway No. 21. - P.11N!S1RrOF TÞ.o\USi'?'l.TAmj1 "UP ''!.'\,m:;r·r'··:~ LC"~f~' 'v"u.;;.I~~I"· ,t,.. ...\37 ,\PPROVED 2 2. Reference is made to Ministry of Transportation and Communications Contract Drawings, W.P. 49-81-01 and bearing Contract No. 87-05, (hereinafter referred to as the "Contract Drawings"). The said Contract Drawings shall be considered as in integral part of this agreement. 3. The Minister will, at the sole cost and expense of the Municipality, perform, in accordance with the Contract Drawings and his usual specifications, design and construction criteria, the fOllowing work: Construction, up to the subgrade, of a sanitary sewer as shown on those pages in the Contract Drawings labelled "Part B-Sanitary Sewers". 4. (1) The costs and expenses of the performance of the work contemplated by this agreement are estimated to be in the amount of two hundred and sixty-four thousand (264,000) Dollars. (2) In addition to the estimated costs and expenses mentioned in sub-paragraph (1) of this paragraph, the Municipality acknowledges and agrees that the Minister shall charge and the Municipality shall pay to the Minister the following: (a) A construction engineering charge estimated to be in the amount of eight thousand seven hundred and fifty (8,750) Dollars. (b) Ministry surcharges and overheads estimated to be in the amount of four thousand one hundred and fifty (4,150) Dollars. (3) The costs and expenses to the Municipality for the performance of the work contemplated by this agreement are therefore estimated to be in the amount of two hundred and seventy-six thousand, nine hundred (276,900) Dollars. (4) Any reference herein to costs and expenses shall be deemed to mean costs and expenses as determined by the Minister. 5. The estimated costs, expenses, charges, surcharges and overheads set out in the preceding paragraph are estimates only and the Municipality shall pay to the Minister forthwith upon demand its share of the actual costs, expenses, charges, surcharges and overheads as determined by the Minister from time to time. 6. The Municipality acknowledges that it has examined all plans, specifications and drawings for the work to be performed by the Minister and has approved of same. 7. The Municipality agrees to indemnify and save harmless Her Majesty the Queen in right of the province of Ontario from and against all suits, claims for loss, damage, accident or injury of any nature or kind whatsoever arising out of or connected with the carrying out by the Minister of the work contemplated by this agreement, provided however that the indemnity herein set out shall not extend to the negligence of the Minister. 8. The Municipality acknowledges that it understands that the work to be performed by the Minister under this agreement shall be done in conjunction with the reconstruction by the Minister of that portion of Highway No. 21 shown in the Contract Drawings. M!~!!~T~'I' (If T,,^r:Sr~·'T'.TIC" AI!!) C4J:!'.'IJr1;,;:.r.T!·";~ l~~:¡' 'Jr1'l:.ç!> BY..~'-'-. Oate......... APPROVED 3 The Minister intends to perform such reconstruction in 1988. If for any reason the Minister in his uncontrolled discretion, does not commence the said reconstruction of Highway No. 21 in 1988, then this agreement shall be null and void as of January 1, 1989. 9. The Municipality will at is sole cost and expense, provide its own properly qualified inspector on site during construction to inspect the installation of the sanitary sewer. The inspector shall be on site at all times during the performance of the work set out in this agreement. The inspector shall report his findings or results of his inspections to the Minister's project Supervisor, and not to any contractor which the Minister has engaged for the performance of the work. 10. The Minister shall not be obliged to perform any of the work set out in this agreement until the Municipality has satisfied the Minister that it has obtained all necessary governmental and regulatory approvals for the performance of such work. In the event that the Minister is not so satisfied at such time as he wishes to commence reconstruction of Highway No. 21 as set out in paragraph 8 above, the Minister may proceed with said reconstruction of Highway No. 21 without any obligation to perform the work set out in this agreement and without any recourse by the Municipality against the Minister for any damages of any nature or kind whatsoever. 11. This agreement shall be construed as constituting terms and conditions of the above referred to permit or any permit or permits which may be issued in substitution therefore, and shall be read as if the terms and conditions of this agreement were contained within the said permit or permits. IN WITNESS WHEREOF the Minister of Transportation on behalf of the party of the First Part has hereunto set his hand and seal and the Party of the Second Part has affixed its Corporate Seal attested to by the hands of its proper officers duly authorized in that behalf. 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