4219 ATT01 - Controlled Access Hwy 3 & Clearview Drive - Final sent for SignatureNo. CMWR17-0003
THIS AGREEMENT dated this day of , 20
BETWEEN:
HER MAJESTY THE QUEEN in right of
the Province of Ontario, represented by
the Minister of Transportation for the
Province of Ontario,
the "Ministry")
and-
THE CORPORATION OF THE TOWN
OF TILLSONBURG
the "Town")
WHEREAS:
A. the Town own lands on the south side of Controlled -Access Highway Number 3
Highway 3"), in Part Lots 1 and 2, Concession 5 (Middleton) in the Town of
Tillsonburg, in the County of Oxford (the "Lands"), on which the Town proposes to
construct an industrial subdivision under Subdivision File 32T-09004;
B. the Ministry shall permit the Town to locate a new entrance known as Clearview Drive
South (the "Entrance") on the south side of Highway 3, at the location shown on
Schedule "A" upon the terms and conditions of this Agreement;
C. the Town requests and the Ministry agrees to permit the Town to design and construct the
Entrance including associated highway improvements (the "Highway Work(s)") at the
full cost and expense of the Town upon the terms and conditions of this Agreement;
D. It is deemed expedient under Sections 2 and 38(11) of the Public Transportation and
Highway Improvement Act, R.S.O. 1990, c.P.50, as amended (the "PTHIA") to enter into
this Agreement to further the design and construction and incidentals of the Highway
Works, by the Town with all design and construction costs inside and incidental to the
right-of-way of Highway 3 being at the cost of the Town unless otherwise expressly
specified in this Agreement; and
E. Section 116 of the PTHIA allows the Minister to enter into agreements for the purposes
of the PTHIA, including agreements related to the safety and mobility of people and
rim
NOW THEREFORE in consideration of the premises and the respective covenants contained
herein, the parties hereto for themselves and their respective successors and permitted assigns
mutually agree as follows:
1.0 DEFINITIONS
1.1 In this Agreement,
a) "Approval", "Approve", "Approved" and similar expressions means the approval
of or approved by the Ministry in accordance with the provisions of Article 3;
b) "Design", "design" means the Approved design, contract drawings and
documents provided for in Article 5.0;
c) "Director" means the Regional Director for the West Region of the Ministry, or
their nominee;
d) "Highway Work(s)" means the construction of the highway works pursuant to the
Design as illustrated in Schedule "A";
e) "Ministry" shall mean the short form of the formal name style as set forth in
section 33(7) of the PTHIA and includes the applicable person or persons on the
staff of the Ministry, as determined at the sole discretion of the Director, that
relate to a respective provision in this Agreement; and
f) "RAQS" shall mean the Ministry's Registry, Appraisal and Qualifications System,
used to register, qualify, and maintain a corporate performance rating for
contractors and consultants who want to conduct business with the Ministry in a
broad range of technical and professional categories.
2.0 MINISTRY PERMITS
2.1 Subject to Section 2.2, upon application:
a) made by the Town to the Ministry in form satisfactory to the Ministry and at the
Town's cost and expense; and
b) accompanied by six (6) sets of Approved Design drawings and documents
prepared according to the terms and conditions of this Agreement; and in
compliance with any other applicable provisions of this Agreement.
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the Ministry shall issue the Encroachment Permit, Entrance Permit and any other
applicable permit (the "Permits") the Town requires to construct the Highway Works
within the Ministry's jurisdiction.
2.2 No Permit(s) shall be issued under Section 2.1 prior to the delivery to the Ministry of:
a) the proof of the insurance as provided for in Section 12.3;
b) the Approval of the Design provided for in Section 5.4;
c) the submission of the Traffic Control Plan under Section 6.1; and
d) an executed copy of this Agreement.
2.3 Subject to Sections 2.1 and 2.2, the Ministry, after receipt of an Entrance Permit
application by the Town to the Ministry, shall issue to the Town a standard MTO short
form Entrance Permit under Section 38(2) of the PTHIA to connect Clearview Drive
South to Highway 3.
2.4 Subject to Section 2.1 and 2.2, the Ministry, after receipt of an Encroachment Permit
application by the Town to the Ministry shall issue to the Town a standard MTO short
form Encroachment Permit and Legal Agreement under Section 38(2) of the PTHIA to
install a sanitary sewer within the Highway 3 right-of-way.
2.5 Any Permit issued by the Ministry with respect to the Highway Works shall be subject to
the terms printed on that Permit and is also part of and deemed subject to the terms of this
Agreement. Any such Permit shall have annotated on it:
This permit is subject to the terms of the Agreement dated the _ day of _,
20_ between the Ministry of Transportation and the Town of Tillsonburg."
Where there is a conflict between this Agreement and the terms and conditions contained
in the Permit(s) issued to the Town by the Ministry for the Highway Works, the terms
and conditions contained in the Permits shall govern.
2.6 No Highway Works shall commence until such time as all required Permits, Approvals
and authorizations have been obtained.
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2.7 Notwithstanding Section 2.6, where emergency work must be carried out by the Town on
the Highway 3 right-of-way in order to protect the travelling public and/or preserve the
integrity of the Highway 3 right-of-way, any such emergency work may be commenced
upon notice to the Ministry and its Approval being received.
3.0 MINISTRY APPROVALS
3.1 Wherever the provisions of this Agreement require or provide for the Ministry's Approval
of or to any action, document or other matter contemplated by this Agreement, such
request for Approval shall be in writing and shall:
i) contain or be accompanied by any documentation or information required
for such Approval;
ii) clearly set forth the matter in respect of which such Approval is being
sought;
iii) form the sole subject matter of the correspondence containing such request
for Approval; and
iv) clearly state that such Approval is being sought.
4.0 MINISTRY DIRECTIONS
4.1 The Ministry may give such directions and orders, in writing, to the Town with respect
to the performance of the Highway Works as they deem necessary, and the Town, at its
cost, shall carry out such directions and orders forthwith upon receipt of same.
5.0 DESIGN OF THE HIGHWAY WORKS
5.1 The Town will only execute an agreement for the design of the Highway Works (the
Design") with an engineering design consultant (the "Design Consultant") that is
qualified through the Ministry's RAQS system, and such Design Consultant shall be
Approved by the Ministry;
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5.2 The Town, in preparing the Design and at the cost of the Town shall undertake an
Environmental Assessment in accordance with the Ministry Class Environmental
Assessment for Provincial Transportation Facilities (the "Class EA") and if applicable the
Municipal Class Environmental Assessment process and obtain from the Ministry of the
Environment, as well as the Ministry of Natural Resources and Forestry, all necessary
authorizations.
5.3 The Town shall prepare, according to Ministry specifications and standards, the Design
and in conjunction therewith, including:
a) the Design of the Highway Works on Highway 3, which shall include:
i) construction of Clearview Drive South consisting of one through lane in
each direction;
ii) reconstruction of the existing eastbound left -tum lane on Highway 3 at the
existing Clearview Drive intersection to provide a 160m taper, 70m of
parallel length and 15m of storage length;
iii) construction of 60m eastbound right -tum lane on Highway 3 at the New
Clearview Drive intersection;
iv) construction of a new westbound left -tum lane on Highway 3 at the new
Clearview Drive South intersection to provide a 160m taper, 70m of
parallel length and 30m of storage length; and
v) installation of a 400 diameter sanitary sewer from the north limit of
Highway 3 to the south limit of Highway 3, generally running
perpendicular to the Highway 3 centreline of construction.
b) the placing of hot mix asphalt paving and granular materials to comply with the
Ministry Approved Design;
c) the grading, drainage, topsoil, seeding/sodding and landscaping required by
reason of construction of the road widening in accordance with the Approved
Design;
d) the removal of existing pavement markings and placing of temporary and
permanent pavement markings required within the limits of construction of the
Highway Works. The pavement markings shall be placed in accordance with the
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Approved Design and the markings shall be subject to field checking and the
Approval of the Ministry;
e) the re -grading and landscaping of all disturbed areas within the limits of
construction of the Highway Works to Ministry standards in accordance with the
Approved Design;
f) all other aspects of the Highway Works; and
g) all above Highway Works according to the warrants, criteria, standards and
incidentals of the Ministry pursuant to the Design.
5.4 The Design shall be stamped and signed by a Professional Engineer of Ontario. The
Town shall submit the Design, to the Ministry for its Approval.
6.0 TRAFFIC CONTROL PLAN
6.1 The Town shall, at its cost and expense, prepare and submit a plan for traffic control (the
Traffic Control Plan") to the Ministry prior to start of construction of the Highway
Works. The Traffic Control Plan is to be prepared by a Design Consultant that is
qualified through the Ministry's RAQS system, and such Design Consultant shall be
approved by the Ministry. The Traffic Control Plan shall be in accordance with the
Ontario Traffic Manual — Book 7, the Traffic Control Manual for Roadway Work
Operations, the Ministry's Roadside Design Manual and other Ministry standards and
procedures. The Traffic Control Plan shall:
a) provide that the Highway Works, once started, must be completed within the same
construction year, being not later than November 1st of that calendar year unless
otherwise agreed to in writing by the Ministry;
b) Should the Highway Works not be completed by November 1st of that calendar
year the Town shall follow Ministry approved winter shutdown procedures, such
that Ministry winter maintenance activities can commence;
c) provide that the existing traffic lanes must be open to traffic at the end of each
working day;
d) provide that all open excavations adjacent to the through lanes must be backfilled
and compacted to grade by the end of each working day; and
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e) provide for an end date ("End Date") on and after which the Town is to have
constructed to completion the Highway Works.
6.2 The Town shall be fully responsible for traffic control and safety during construction of
the Highway Works, including the supply, installation, relocation and maintenance of all
traffic control devices, including pavement markings and warning signs that the Ministry
requires, which shall be carried out in accordance with the Ontario Traffic Manual —
Book 7.
7.0 PERFORNHNG THE HIGHWAY WORKS
7.1 The permission and Approvals granted, and directions and orders issued, herein are
subject to the right of free use of Highway 3 by the public and are subject also to the
rights and privileges which the Ministry may grant to any other persons on Highway 3 all
of which rights are expressly reserved.
7.2 The Town, as proponent, shall comply with the Ministry's Class EA under the
Environmental Assessment Act and, if applicable, the Municipal Class Environmental
Assessment process and obtain from the Ministry of the Environment, as well as the
Ministry of Natural Resources and Forestry, all necessary authorizations.
7.3 The Ministry grants only permission and Approvals, and issues directions and orders,
pursuant to the provisions of the PTHIA, and the Town shall be responsible for obtaining
all authorizations required from any other authority in order to carry out any part of the
Highway Works.
7.4 The Ministry may refuse or revoke any Permit(s) and/or right of access given to the
Town to carry out the Highway Works where the Ministry, acting reasonably, determines
that there are risks or conflicts to the travelling public or any other person using the
Highway 3 right of way and/or to construction Highway Works that must be carried on
by the Ministry, or to any contractor hired by the Ministry, on the Highway 3 right of
way.
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7.5 The Town agrees that the construction activities of Ministry contractors shall take
precedence over the construction activities of the Town's contractor(s) in the area of the
Highway Works. The Town also agrees that the Ministry's contractors will be recognised
as the senior contractors. The Town further agrees that any construction activities of the
Town's and the Ministry's respective contractors in the area of the Highway Works will
be coordinated through the senior contractors and that any conflicts in the various
construction activities will be decided in favour of the senior contractors.
7.6 The Town shall at its cost and expense:
a) only tender the Design and execute the contract for the construction of the
Highway Works with a contractor (the "Contractor") that is qualified through the
Ministry's RAQS system, and such Contractor shall be Approved by the Ministry;
b) submit to the Ministry prior to the start of construction, the details of the contract
including schedules and traffic staging proposals, which may be given in stages
concurrent with the plans submitted;
c) comply with the safety procedures in accordance with the Occupational Health
and Safety Act, R.S.O. 1990, c.O.1, as amended, and any applicable legislation
and industry standards;
d) not allow any track vehicle on the highway pavement;
e) not allow the cutting of fences without obtaining Approval from the Ministry;
f) not cut, trim or interfere with any trees without Approval from the Ministry;
g) protect any open pits to prevent access to them by unauthorised persons;
h) submit an operation plan to the Ministry, which shall contain the Town's normal
practices for unloading material, anticipated hours of work, and all other related
information which may be required by the Ministry;
i) ensure any large equipment or material placed within the highway right of way
meets the clear zone offsets as provided for in the Roadside Design Manual and
poses no risk to the travelling public;
0) notify the Ministry at least two (2) weeks prior to commencing any Highway
Works, unless otherwise indicated in this Agreement or the Permits;
k) within seven (7) days of completion of any Highway Works, restore the site to a
neat and tidy condition to the Ministry's satisfaction;
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0) ensure that all blasting operations are Approved by the Ministry prior to the
blasting operations;
m) co-ordinate the operations relating to the Highway Works so that interference
with any Ministry activities is minimised;
n) protect the Highway Works during its construction activities from any Ministry
construction or maintenance activity;
o) be responsible for the relocation of all utility (if any), that are required with
respect to the Highway Works and that are not a tender item in the Highway
Works. Any relocation of utilities shall be subject to the review and Approval of
the Ministry. A Ministry Encroachment Permit(s) shall be obtained for all utility
relocations that are required with respect to the Highway Works and that are not a
tender item in the Highway Works;
p) repair to the Ministry's satisfaction any damage to existing pipes, or other
drainage facilities;
q) maintain proper drainage at all times;
r) remove any contaminated material that is disturbed as a result of the Highway
Works and replace with approved material to the satisfaction of the Ministry's
representatives. All costs associated with the testing and appropriate disposal of
contaminated material shall be the financial responsibility of the Town; and
s) backfill and compact fill material to the satisfaction of the Ministry. Any
settlement as a result of installation must be remedied.
8.0 CONTRACT ADMINISTRATION AND QUALITY ASSURANCE
8.1 The Town shall:
a) be responsible for contract administration, inspection, testing and quality
assurance in accordance with Ministry standards and specifications;
b) prepare a proposal for contract administration, inspection, testing and quality
assurance requirements (the "Contract Administration and QA Proposal") prior to
construction of the Highway Works, and the Town shall submit the Contract
Administration and QA Proposal to the Ministry for approval;
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c) hire a Ministry Approved engineering consulting firm that is qualified through the
Ministry's RAQS system to perform contract administration, inspection, testing
and quality assurance ("Contract Administrator") during the construction of the
Highway Works for the Town and the Ministry, at the cost of the Town, and such
Contract Administrator shall be Approved by the Ministry ;
d) ensure the minimum requirements for contract administration (e.g. inspection,
testing and quality assurance) to be followed by the Contract Administrator are in
accordance with the Ministry Construction Administration and Inspection Task
Manual.
e) have the Contract Administrator arrange for a construction start-up meeting to be
attended by the Town's Contractor and Ministry representatives as deemed
necessary by the Ministry. The start-up meeting shall take place not less than two
2) weeks prior to the anticipated construction start date,
f) provide the Ministry at the start-up meeting with the required Insurance
Certificates, the contact information (phone, fax, email, emergency number's,
etc.) of the Town's Contractor and Contract Administrator, contract schedule,
traffic staging proposals, the operation plan and the Traffic Control Plan;
g) have the Contract Administrator maintain in form and detail satisfactory to the
Ministry, records pertaining to the inspection of materials and workmanship and,
when requested, make the records available for Ministry review and inspection;
h) have the Contract Administrator supervise and direct construction of the
Approved Contractor constructing the Highway Works to the extent necessary to
ensure the fulfilment of the contract in accordance with the Approved Design, for
the Town and the Ministry; and
i) have the Contract Administrator decide all questions of the Approved Contractor
relating to the Highway Works in compliance with the terms and conditions of
this Agreement, for the Town and the Ministry.
8.2 The Ministry shall provide to the Town's Contractor and Contract Administrator at the
start-up meeting:
a) a copy of the Section 2.1 Permit(s); and
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b) a copy of the Designation of Construction Zone document, the Permission to Start
Work document and the Maintenance Turnover Agreement to allow for the start
of construction of the Highway Works.
8.3 The Town agrees to allow on-site audits by the Ministry during regular business hours.
All books and records made pursuant to this Agreement shall be subject to inspection and
audit for a period of six (6) years following the completion of the Highway Works. The
Town shall accommodate audits at the discretion of the Ministry and on one (1) business
day's notice.
8.4 The Ministry has the right to carry out random tests and inspections of the Highway
Works and the performance by the Town and its Contractor of this Agreement. In the
event of any discrepancy between the Ministry's test results and those of the Town and/or
its Contractor, the Ministry's results shall govern.
9.0 COMMENCEMENT OF HIGHWAY WORKS
9.1 The Town shall not authorize the Contractor to commence the Highway Works until it
a) received an executed copy of this Agreement;
b) received Approval of the Design;
c) received all Permits and Approvals from the Ministry;
d) received all authorizations required from other authorities;
e) given the Ministry written notice at least two (2) weeks prior to commencement
of the construction of the Highway Works, after having received the Permits and
Approvals, as required herein, from the Ministry; and
f) held a start-up meeting for the commencement of construction of the Highway
Works.
9.2 The Ministry and the Town shall establish and agree upon a construction schedule,
including a commencement date, before the Highway Works commences.
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10.0 COMPLETION OF THE HIGHWAY WORKS
10.1 When, in the opinion of the Town, the Highway Works constructed under the Permits
have been satisfactorily performed, and all money owed by the Town has been paid in
full, and no lien has been filed in respect of the Highway Works, the Town shall submit
written notice to the Ministry in the form of a letter as set out in Schedule `B" of this
Agreement, and the Ministry shall cause the Highway Works to be inspected, and if the
Ministry finds the Highway Works have been satisfactorily completed in accordance with
the Approved contract drawings and documents, the Ministry shall give written notice
that the Highway Works is accepted, and:
a) a one (1) year warranty period on all of the Highway Works will begin on the date
that such written notice is provided to the Town by the Ministry and the Town
will repair, at no cost or obligation to the Ministry, any and all defects to the
Highway Works that arise during the one (1) year warranty period; and
b) upon the expiry of the one (1) year warranty period, the Ministry will thereafter
be responsible for the Highway Works.
10.2 Prior to the Ministry's acceptance of the Highway Works as set out in Section 10.1, the
Town shall not open the Highway Works to the travelling public without the Ministry's
prior written Approval.
10.3 The Town shall deposit with the Ministry both a hard copy and an electronic version of
the Design approved by a Professional Engineer of Ontario showing the as -constructed
location of the Highway Works and the date of completion within ninety (90) days of the
Ministry's acceptance provided pursuant to Section 10.1.
11.0 RISKS, INDEMNITY AND LIABILITY
11.1 The Town shall indemnify and save harmless the Ministry and its agents, from and
against any claim, action, cause of action or liability from loss, damage, accident or
injury in any manner arising due to, out of, from or in connection with the Highway
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Works undertaken and performed by the Town, their agents or contractor under this
Agreement, except for work negligently performed by the Ministry.
11.2 Solely for the purpose of Section 11.1 and Article 12, but not for the purpose of
attributing vicarious liability to the Ministry, all Ministry contractors shall be deemed
to be agents of the Ministry and thereby beneficiaries under these Sections.
12.0 LIABILITY INSURANCE
12.1 The Town, at its own expense, shall obtain and maintain either itself or via the prime
contractor, during the period from the time of the application for the Article 2 Permits
until the date of the Ministry's written notice that the Highway Works are accepted under
Section 10.1, with insurers having a secure A.M. Best rating of B+ or greater, or the
equivalent, all the necessary and appropriate insurance that a prudent person engaged in
the Highway Works under this Agreement would maintain including, but not limited to,
the requirements of Section 12.2.
12.2 The Section 12.1 policies shall include:
a) commercial general liability insurance on an occurrence basis for third party
bodily injury, personal injury and property damage, to an inclusive limit of not
less than $5,000,000. The policy is to include the following:
i. the Ministry as an additional insured with respect to liability arising in the
course of performance of the Highway Works, or otherwise in connection
with this Agreement;
ii. have the Town and the prime contractor constructing the Highway Works
as named insureds in that policy;
iii. contractual liability coverage;
iv. cross -liability clause;
V. 30 day written notice of cancellation, termination or material change;
vi. non -owned automobile coverage with blanket contractual coverage for
hired automobiles; and
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b) automobile insurance as per statutory requirement in Ontario and /or other
jurisdictions, Ontario Automobile Policy (OAP1) Owner's Policy Sections 3 and
4, auto liability for a limit not less than $2,000,000 per occurrence including
Accident Benefits and where applicable Section 7, Loss or Damage Coverage.
12.3 The Town shall provide the Ministry with proof of the insurance required by this
Agreement in the form of valid certificates of insurance that reference this Agreement
and provide the same under Article 2 prior to the issuance of the Permits, and renewal
replacements on or before the expiry of any such insurance.
13.0 DEFAULTS, REMEDIES AND TERMINATION
13.1 In the event of the Town:
a) failing to implement the Approved Design or construction of the Highway Works
in accordance with this Agreement to the satisfaction of the Ministry;
b) failing to make, on demand of the Ministry, any payment or payments required to
be made under this Agreement;
c) failing to do any act, matter or thing required to be done under this Agreement; or
d) becoming bankrupt, insolvent or subject to an execution in excess of one hundred
thousand dollars ($100,000.00),
then the Ministry may instruct the Town to discontinue all Highway Works, or provide
another contractor to the satisfaction of the Ministry. The Ministry may then employ any
means the Ministry deems necessary to do or complete any or all of the Highway Works
and the Town shall have no claim against the Ministry for loss or damage caused by or
resulting from any or all of the Highway Works being taken out of the control of the
Town. The Town shall be chargeable with and shall remain liable for all loss, damage,
expense, or cost which may be suffered by the Ministry by reason of the default, neglect,
omission, bankruptcy, insolvency, or act of insolvency of the Town, and the Town shall
be responsible for all costs of the Highway Works.
13.2 Nothing in Section 13.1 is to be construed as placing an obligation on the Ministry to
complete, in whole or in part, the Highway Works.
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13.3 If a lien is filed with the Ministry with respect to the Highway Works within the
provisions of the Construction Lien Act, R.S.O. 1990, c.C.30, as amended, the Town at
the cost of the Town shall resolve the lien.
14.0 PERMANENT ROAD NAME SIGNS AND REGULATORY SIGNS
14.1 The Town, at its own cost, shall be fully responsible for the cost of designing, supplying
and installing permanent road name signs and regulatory signs. The design, supply and
installation of the signs must be in accordance with the Ministry standards and
specifications and in accordance with the King's Highway Guide Signing Policy Manual.
The Company must obtain all required road name signs and regulatory signs from the
Ministry's Provincial Sign Shop.
15.0 GOVERNING LAWS
15.1 This Agreement shall be governed by the laws of the Province of Ontario and the federal
laws of Canada.
16.0 CONFLICTS
16.1 Where there is a conflict between this Agreement and the terms and conditions of other
agreements that the Town may have entered into with another party pertaining to the
Highway Works, including with the Contractor and/or other contractors, this Agreement
governs.
17.0 NOTICES
17.1 Any notices to be given under the provisions of this Agreement shall be in writing and
shall be given by personal delivery, or sent by facsimile (as further specified below), or
mailed by prepaid registered mail, or delivered by courier service. Subject to change by
either party, upon written notice, notice shall be addressed as follows:
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The Ministry: Dan Barber - Head, Corridor Management Section
Ministry of Transportation
Address: 659 Exeter Road
London, ON
N6E 1 L3
Telephone: 519-873-4578
Facsimile: 519-873-4228
The Town: Cephas Panschow — Development Commissioner
Town of Tillsonburg
Address: 200 Broadway, Suite 204
Tillsonburg, ON
N4G 5A7
Telephone: 519-668-3009 ext. 3250
Facsimile: 519-688-0759
Such notices, shall be deemed to have been received by the party to whom it is mailed on
the third business day following the posting, or on the day of delivery if provided by
personal delivery, facsimile or courier. Provided that if an above day deemed for receipt
is not a business day, such notice or other communication shall be deemed to have been
received on the following business day. In the event of a postal strike, notice shall be
provided by personal delivery, facsimile, or courier.
18.0 REPRESENTATIVE
18.1 The Town shall have a representative on the construction and/or maintenance site and
provide the Ministry with the name of an official of the Town who may be contacted with
respect to any of the Highway Works being carred out.
19.0 FINANCIAL REPORTING
19.1 The Town shall report to the Ministry, quarterly, on the actual eligible expenditures
incurred and paid by the Town to date, plus a projected forecast or estimate of
anticipated expenditures to the end of the Ministry's fiscal year end, which generally is
the end of March of each year, and a forecast of each future year's eligible expenditures.
The report that is to be provided in accordance with the provisions set out in this Section
is to enable the Ministry to report the financial obligations to the Ontario Ministry of
Finance.
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19.2 The Town shall submit the report under Section 19.1 within 5 working days of the end of
the reporting period, being the last calendar day of June, September, December and
March of each year of the Highway Works. The project manager who is designated by
the Town must sign each report. The Town shall, in writing, provide to the Ministry the
designated project manager's name and contact information and shall promptly inform
the Ministry of any changes thereto. The Ministry will supply a reporting template that
the Town shall be required to use for this purpose.
20.0 TIME OF THE ESSENCE
20.1 Time is of the essence of every provision of this Agreement.
21.0 CORPORATE AUTHORITY
21.1 The Town warrants that they have taken all necessary steps, done all acts, passed all by-
laws and obtained all approvals within their power legally required to give them the
authority to enter into this Agreement and do the Highway Works, maintenance and
repair stated herein.
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22.0 ASSIGNMENT
22.1 There shall be no assignment of any part of this Agreement by the Town without the
express written consent of the Ministry.
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:
SIGNED this day of 20
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO,
REPRESENTED BY THE MINISTER OF TRANSPORTATION FOR THE PROVINCE OF
ONTARIO
Minister of Transportation
SIGNED AND SEALED this k3 day of A.%Jas 20 le
THE CORPORAT46N' OF THE TOWN OF TILLSONBURG
Molnar, Mayor
Donna Wilson, Clerk
We have authority to bind the Town
is
SCHEDULE"A"
to an Agreement between the Ministry of Transportation and The Corporation of the
Town of Tillsonburg
Illustration of Highway Works
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SCHEDULE"B"
to an Agreement between the Ministry of Transportation and The Corporation of the
Town of Tillsonburg
Notice Requesting Acceptance of Ministry's Highway Works
To:
Ministry of Transportation (the date)
Dear Sir/Madam:
Re: Section 10.1 under an Agreement made the day of 20_ as to
the Highway Works. The Highway Works are located on Highway 3 of the Ministry, in
the area of Clearview Drive, in the Town of Tillsonburg in the County of Oxford.
This certifies that:
1. The Highway Works have been constructed to completion under (and in compliance
with):
o the terms of the Agreement,
o the standards and specifications of the MTO, and
o the Approvals under Section 3. 1,
by the Town as provided for under the Agreement; and,
2. Without limiting item 1:
o all costs to others for labour, material, services, or otherwise incurred or suffered
have been paid in full or otherwise resolved; and
o no liens by others exist on the date of this certificate as to any cost or matter, as
provided for under the Agreement.
The Town requests a site meeting for the acceptance of the Highway Works by the Ministry
pursuant to Section 10.1 of the Agreement.
name:
address:
name:
Town:
address:
For the Town of Tillsonburg
P. Eng, Contract Administrator for the Town
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