HomeMy WebLinkAboutTIV 88 001 agree prepiping hw21
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THE CORPORATION OF THE VILLAGE OF TIVERTON
BY-LAW NUMBER 1988 - 1
"COST SHARING AGREEMENT"
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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:
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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.
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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.
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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.
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Council of the Village of Tiverton this 12th day of
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MINISHY Dr
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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.
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,\PPROVED
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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.
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APPROVED
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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.
SIGNED, SEALED AND DELIVERED)
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MINISTER OF TRANSPORTATION
(ONTARIO)
THE CORPORATION OF THE
VILLAGE OF TIVERTON
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