HomeMy WebLinkAboutENG 17-21Report to Council
Report Number: ENG 17-21 Date: June 28, 2021
From: Richard Holborn
Director, Engineering Services
Subject: Road Servicing Agreement with Seaton TFPM Inc. -Fifth Concession Road
-File: A-1440
Recommendation:
1.That the City of Pickering enter into a Road Servicing Agreement with Seaton TFPM Inc.
to facilitate the reconstruction of Fifth Concession Road between Brock Road andSideline 16 as contemplated in the Seaton Financial Impacts Agreement;
2.That the Mayor and City Clerk are hereby authorized to execute the Road ServicingAgreement between the City of Pickering and Seaton TFPM Inc. in substantially the
same form as attached to this report, subject to minor revisions acceptable to the
Director, Corporate Services and City Solicitor; and,
3.That the appropriate City of Pickering officials be authorized to take the necessaryactions as indicated in this report.
Executive Summary: The Seaton Financial Impacts Agreement dated November 26, 2015, includes a number of Local (City) Roads and Services within the boundaries of the Seaton community to be installed at the expense of North Pickering Community Management Inc. (the Seaton Landowners Group) in exchange for relief from certain Development Charges.
Fifth Concession Road, between Brock Road and Sideline 16, has been identified as one such road to be widened and reconstructed to an urban cross-section.
In order to facilitate these works, Seaton TFPM Inc. on behalf of the Seaton Landowners Group, is required to enter into a Road Servicing Agreement with the City. This Agreement describes the requirements for the construction of the works, references the engineering
design drawings applicable to the works, and allows the City to financially secure the works to be constructed.
Financial Implications: There are no direct costs to the City of Pickering by entering into
this agreement. All costs will be the responsibility of the Seaton Landowners Group.
Discussion: North Pickering Community Management Inc., through Seaton TFPM
Inc., will be reconstructing Fifth Concession Road between Brock Road and Sideline 16, to a wider, urbanized cross-section. A component of these works includes the replacement, lengthening and widening of three road crossing culverts which convey stream drainage from
ENG 17-21 June 28, 2021
Subject: Road Servicing Agreement
Fifth Concession Road Page 2
the north side of Fifth Concession Road to the south. These streams are identified as Redside
Dace habitat and as such, in-water works can only be carried out during the cold water fisheries window from July 1 to September 15.
Approval of the Road Servicing Agreement will allow Seaton TFPM Inc. to undertake the culvert replacements within the cold water fisheries window in 2021, followed by construction of storm sewer, sanitary sewer and watermain works to service the future Plans of Subdivision
north and south of Fifth Concession Road, and finally construction of the widened roadway. Works to relocate the existing Hydro wires and poles has already commenced in order to facilitate the road works.
Attachments:
1.Draft Service Agreement2.Location Map
Prepared By: Approved/Endorsed By:
Paal Helgesen, P.Eng. (Acting) Division Head, Water Resources & Development Services
Richard Holborn, P.Eng. Director, Engineering Services
PH:mjh
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A. Chief Administrative Officer
Original Signed By Original Signed By
Original Signed By
This Agreement made June 9, 2021 Attachment #1 to Report #ENG 17-21
B e t w e e n:
SEATON TFPM INC.
(the “Developer”)
and The Corporation of the City of Pickering (the “City”) Whereas, in order to facilitate the development of certain lands located in the City of Pickering, the Developer (as the subsidiary of one of the landowners bound by the Seaton Landowners Group and City of Pickering Financial Impacts Agreement dated November 26, 2015) is required to reconstruct
some of the existing roads surrounding newly developed lands to urban standards and install certain
applicable services; and Whereas, the Developer agrees to undertake the reconstruction of roads and install all applicable services, at its expense, subject to the conditions set out in Section 10; and
Whereas, the Developer agrees to complete construction of the road and install all applicable services and appurtenances within one (1) year from the date of Authorization to Commence Works, as more particularly set out in this Agreement.
The Parties agree as follows:
1. Lands Affected
The lands and premises affected by this Agreement are Part of the Road Allowance between Concessions 4 and 5, lying between Brock Road and Sideline 16 along with Part of Lot 17, Concession 4, being Part 4, 40R-3579, Part Lot 18, Concession 4 as in CO122868, Part Lot
18, Concession 4, being Part 5, 40R-3579, Part of Lot 17, Concession 5, being Parts 1 and 2,
40R-3579 and Part Lot 18, Concession 5, being Part 6, 40R-3579, City of Pickering (hereinafter referred to as “The Roadway”). 2. Status of this Agreement (1) This Agreement is entered into and executed by the Developer for the purpose of
having the City act in reliance on the covenants by the Developer contained herein and the Developer hereby waives any right or claim which it now has or may hereinafter acquire which is inconsistent with the terms of this Agreement. (2) Time shall be of the essence of this Agreement.
3. Interpretation
(1) Whenever in this Agreement the pronoun "it" is used, it shall be read and construed as "he", "she", "they", "him", "her" or "them", and the number of the verb agreeing therewith shall be construed accordingly.
(2) Wherever in this Agreement the word “Director” is used, it shall mean the City’s Director, Engineering Services. 4. Notice (1) Any notice required in writing in this Agreement shall be delivered to the following
address:
to the Owner at: 7880 Keele St., Suite 500, Vaughan, ON L4K 4G7
Attention:_______________________, Fax No.: 416.756.1973
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and to the City at:
Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7
Attention: City Clerk, Fax No.: 905.420.9685 (2) Notice shall be sufficiently given if,
(a) delivered in person;
(b) sent by registered mail; or (c) sent by facsimile transmission during normal business hours on a business day. (3) Each notice sent shall be deemed to have been received,
(a) on the day it was delivered; (b) on the third business day after it was mailed (excluding each business day during which there existed any general interruption of postal services due to strike, lockout or other cause); or
(c) on the same day that it was sent by facsimile transmission or on the first
business day thereafter if the day on which it was sent by facsimile transmission was not a business day. (4) The Owner may change its address for notice by giving notice to the City’s City Clerk in
the manner provided in this Section.
5. Binding Parties This Agreement shall be enforceable jointly and severally by and against the Parties hereto, their heirs, executors, administrators, successors and assigns, and the Agreement and all the covenants by the Developer contained herein shall run with the Lands for the benefit of the
City and the land or interests in land owned by the City upon the registration of this
Agreement. 6. Right to Enter (If Lands still in private ownership) The City may, by it officers, employees or agents, enter on the Owner’s Lands or any abutting lands, including abutting lands owned by Her Majesty the Queen in Right of Ontario or any
part of the Owner’s Lands, as well as any building(s) erected on the Owner’s Lands to ensure that any works, services or facilities required to be provided, constructed or installed by the Owner, comply with this Agreement. 7. Developer’s General Undertaking
The Developer shall complete the construction of The Roadway and the installations of
services in a good workmanlike manner for the City, all the municipal services as hereinafter set forth to the satisfaction of the City, and shall complete, perform or make payment for such other matters as may be provided for herein.
8. Developer’s Expense
Every provision of this Agreement by which the Developer is obligated in any way shall be
deemed to include the words "at the expense of the Developer and at no expense to the City" unless the context requires otherwise. 9. Authorizations - Lands Outside the Plan If it is necessary for the Developer to enter onto abutting lands to complete any portion of the
Works, the Developer shall obtain written authorization from the abutting landowner(s),
satisfactory to the Director, authorizing the Developer, its officers, employees, agents and the City to enter upon the abutting lands to complete and inspect the Works. A copy of the written authorization shall be provided to the Director prior to the installation of such Works.
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10. Construction, Upgrading and Installation of City Works and Services (hereinafter referred to as the “Works”)
(1) The Developer shall obtain all required approvals and shall construct or install to City standards and shall provide to the City, complete in every detail, the following City works and services as shown on engineering plans submitted by the Developer’s
consulting engineer to the City and approved by the Director, Engineering Services in accordance with the City's specifications for such Pre-Servicing Works:
Plan No. Plan Title 100 General Notes 101 General Plan 201 Grading Plan (Part 1)
202 Grading Plan (Part 2) 203 Fifth Concession Cross-Sections 204 Fifth Concession Cross-Sections 205 Fifth Concession Cross-Sections 206 Fifth Concession Cross-Sections
207 Fifth Concession Cross-Sections 208 Fifth Concession Cross-Sections 209 Fifth Concession Cross-Sections 210 Fifth Concession Cross-Sections 301 Storm Drainage Plan
302 External Storm Drainage Plan 303 Sanitary Drainage Plan 304 External Sanitary Drainage Plan 401 Fifth Concession Road 402 Fifth Concession Road
403 Fifth Concession Road 404 Sideline 16 Road 501 Construction Details - Roads 502 Construction Details - Sewers 503 Construction Details - Watermain
1001 Fifth Concession Culverts Construction General Plan 1002 Fifth Concession Culverts Construction Grading Plan 1003 UA1-3 Culvert Plan & Profile 1004 UA1-3 Culvert Cross-Sections 1-1 to 3-3 1005 UA2-1 Culvert Plan & Profile
1006 UA3 Culvert Plan & Profile 1007 UA3 Culvert Cross-Sections 4-4 to 6-6 1008 UA3 Culvert Details 1009 UA3 & UA1-3 Culvert Details 1010 UA3 & UA1-3 Culvert Details
1011 Hydro Pole Installation Plan 1012 UA1-3 Culvert Construction Plan - Stage 1 1013 UA1-3 Culvert Construction Plan - Stage 2 1014 UA2-1 & UA3 Culverts Construction Plan
1015 Erosion & Sediment Control Plan -Grading Outside of Tributaries
TMDC-1 Proposed Culvert Construction Work - Detour Route Plan (2) If at any time prior to the acceptance of the Works, the Director is of the opinion that additional works are necessary to provide adequately any of the public services
required by the project, the Developer shall construct, install or perform such additional
works at the request of the Director. (3) All Works shall be constructed and installed in accordance with the City's specifications and in a good and workmanlike manner under the supervision of the Developer's
Consulting Engineer and under the observation of the City's inspectors.
(4) The Developer shall conduct video inspections of all underground services required to be constructed or installed hereby and shall provide a DVD-format videotape record of those inspections to the City.
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(5) The Developer shall pay to the City the City's costs of inspection, including but not necessarily limited to, salaries and wages of inspectors, testing fees and administration fees, within 30 days of invoices being rendered.
11. Authorization to Commence Work
The Developer shall not commence the construction or installation of any of the Works, without the written Authorization to Commence Work of the Director, which Authorization shall not be issued until all approvals for the Works have been obtained and,
(a) one copy of this Agreement executed by the Developer have been provided to the City to the satisfaction of the Director; (b) all monies, securities and insurance requirements, as noted in this Agreement, have been delivered to the City to the satisfaction of the Director, Corporate Services & Treasurer and the Director;
(c) all approvals and permits have been obtained by the Developer from the appropriate
agencies, and from every adjacent owner whose lands must be entered upon in order
to carry out such Works.
12. Consulting Engineers (1) The Developer shall retain a Professional Engineer as the Consulting Engineer of the Developer to carry out all the necessary engineering and to supervise the Works
required to be done pursuant to this Agreement.
(2) Such Consulting Engineer, or any successor thereto, shall continue to be retained until the Works required to be done are completed and formally accepted by the City.
(3) The Developer may change from one Consulting Engineer to another at any time or
times during the undertaking of such Works, so long as the Developer has a Consulting Engineer retained at all times. 13. Performance and Maintenance Security (1) Before this Agreement will be executed by the City and prior to commencing any
Works, the Developer shall file performance and maintenance security (the “Security”)
with the City. The Security shall be in the form of an irrevocable letter of credit issued by a charted bank in Canada, a surety bond issued by a licenced insurer or a certified cheque. The Security shall be in the amount of $____________ (the “Original Value”), and shall be held for the purpose of,
(a) guaranteeing the satisfactory construction, installation or performance of the Works and performance of any other obligations of the Owner under this Agreement; (b) guaranteeing the payment of any amounts payable to the City under this
Agreement;
(c) guaranteeing the payment of any amount that the City may be required to pay under the provisions of the Construction Act, as amended from time to time; (d) guaranteeing all Works, workmanship and materials during the maintenance period and any rectification period or periods and until a Final Acceptance Certificate has been issued by the Director, and
(e) guaranteeing the keeping in force of adequate insurance throughout the performance of the Works, including during the Maintenance Period and any rectification period(s). (2) The Developer may, at any time after the first 40 percent of the Original Value of the
Works have been constructed, installed or performed, and paid for, apply in writing (ensuring reference to the registered plan number is made) for a reduction in the Security corresponding to the extent to which the Works have been constructed, and such application shall be made to the Director.
(3) Upon written verification from the Director that the construction, installation or performance of the Works for which reduction is being sought have been satisfactorily
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completed and paid for, the Director, Corporate Services & Treasurer may reduce the amount of the security to an amount not less than,
(a) 60 percent of the Original Value where,
• no certificate or declaration of substantial performance has been made; (b) 35 percent of the Original Value where,
• a certificate or declaration of substantial performance has been published;
• 60 days following such publication have expired; and
• all liens that may be claimed against any holdback required to be retained by
the City have expired or have been satisfied, discharged or provided for by
payment into court; and
(c) 20 percent of the Original Value where,
• a certificate of final completion has been made by the Developer's Consulting Engineer;
• 60 days following the making of such certificate have expired;
all liens that may be claimed against any holdback required to be retained by the City have expired or have been satisfied, discharged or provided for by payment into court;
all payments required by this Agreement have been made in full; and a Completion Acceptance Certificate has been issued by the Director,
which 20 percent portion shall secure the guarantee of Works, workmanship and
materials, until a Final Acceptance Certificate has been issued by the Director, when the balance of the security shall be returned to the Developer subject to any deductions for rectification of deficiencies.
(4) Upon the approval, if any, of a reduction in the amount of the security required to be
provided in subsection (1), the Director, Corporate Services & Treasurer shall provide to the Developer any necessary assurance to effect the reduction. (5) Notwithstanding any other provision contained in this Agreement, there shall be no reduction in the security referred to herein where such a reduction would result in the principal amount being less than:
(a) the aggregate total of 100% of the value of uncompleted Works and 20% of the value of the completed Works; and (b) the amount that would be required to keep adequate insurance in effect, plus
administration fees, until the issuance of a Final Acceptance Certificate by the
City.
14. Expiry of Securities (1) Should the Security (if in the form of a letter of credit or surety bond) expire before the City releases the Owner from the terms and conditions hereof, the Owner shall provide the City with a minimum of 30 days written advance notice of the expiry date and provide the City with a replacement Security to take effect on the same date the
Security is to expire. (2) Such replacement Security shall be in a form and amount satisfactory to the City. (3) Should no such further Security be provided as required, then the City shall have the
right to convert the expiring Security (if letter of credit or surety bond) into cash and hold the cash in lieu of for the same purposes as the expiring Security. 15. Guarantee of Works, Workmanship and Materials (1) The Developer shall guarantee all Works, workmanship and materials employed or used in the construction, installation or completion of the Works, services and other
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requirements under this Agreement for a minimum period of two years (the "maintenance period") following the issuance of the Completion Acceptance Certificate by the City.
(2) Despite any other provisions of this Agreement, the responsibilities of the Developer during the maintenance period shall include the maintenance of the Works, including the rectification of any unsatisfactorily installed Works.
(3) Prior to the end of the maintenance period, the Developer's Consulting Engineer shall
submit to the City, "as built" construction drawings for the Works completed as per City standards, together with that Consulting Engineer's certificate that those drawings accurately depict the Works as constructed.
(4) Prior to the end of the maintenance period, the City will re-inspect the Works and if,
(a) the Works are acceptable; and (b) the Developer has performed all of its obligations under the terms of this Agreement to the satisfaction of the City,
the City will issue to the Developer a Final Acceptance Certificate at which time the City will assume Developership of the Works and the operation and maintenance thereof, and the maintenance period will then end.
16. Failure to Complete / Improper Performance
(1) If, in the opinion of the Director, the Developer is not constructing or installing the
Works, or causing them to be constructed or installed, within the specified time or so that they may be completed within the specified time, or is improperly performing the Works, or has neglected or abandoned them before completion, or has unreasonably delayed them so that the terms and conditions of this Agreement are being violated or
executed carelessly or in bad faith, or has neglected or refused to renew or again
perform Works rejected by the Director as defective or unsuitable, or has in any other manner, in the opinion of the Director, defaulted in the performance of the terms and conditions of this Agreement, then the Director may notify the Developer and his surety in writing of the default or neglect and if the notification be without effect for seven days,
then the Director shall have full authority to make any payment or do anything, including
but not limited to obtaining materials, tools and machinery and employing persons required for the proper completion of the Works or rectification of the default, at the cost and expense of the Developer or his surety, or both.
(2) In cases of emergency, in the opinion of the Director, such Director may act without
prior notice but the Developer and its surety shall be notified forthwith. (3) The cost of rectifying the default shall be calculated by the Director, whose decision shall be final, and may be charged to the Developer, together with a 25 per cent
engineering and administration fee, by drawing upon the letter of credit filed with the
City pursuant to this Agreement. 17. Occupational Health and Safety (1) The Developer certifies that it is aware of its duties and obligations under the Occupational Health and Safety Act, or any successor thereto, and all Regulations
thereunder (herein called the “Act”), and shall ensure that its employees, contractors,
subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Act; and (b) have sufficient knowledge and training to perform all Works and services required pursuant to this Agreement safely and in compliance with the Act.
(2) In the performance of all Works and services required pursuant to this Agreement, the Developers shall,
(a) act safely and comply in all respects with the Act; and (b) ensure that its employees, contractors, subcontractors and their employees act
safely and comply in all respects with the Act.
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(3) The Developer shall rectify any unsafe act or practice and any non-compliance with the Act immediately upon being notified by any person of the existence of such act, practice or non-compliance.
(4) The Developer shall permit representatives of the City on the site where any Works or services required pursuant to this Agreement are being performed at any time or times for the purpose of inspection to determine compliance with this section.
(5) No act or omission by the City or any representative of the City (including the entering
into of this Agreement) shall be deemed to be an assumption of any of the duties or obligations of the Developer, its employees, contractors, subcontractors and their employees under the Act.
(6) In addition to the Developer’s general indemnification of the City, above, the Developer
shall indemnify and save harmless the City, (a) from any loss, inconvenience, damage or cost to the City which may result from the City or any of its employees, contractors, subcontractors and their employees
failing to act safely or to comply in all respects with the Act in the performance of
any Works or service required pursuant to this Agreement; and (b) against any action or claim, or costs related thereto, brought against the City by any person arising out of any unsafe act or practice or any non-compliance with
the Act by the Developer or any of its employees, contractors, subcontractors
and their employees in the performance of any Works or service required pursuant to this Agreement. 18. Road Maintenance and Repair/Snow Plowing (1) Throughout the term of this Agreement, the Developer shall,
(a) maintain all City roads outside the project, including boulevards, in a mud and dust free condition and free of obstructions, where the source or cause of the mud, dust or obstruction is an operation or operations related in any way to the development of the project;
(b) repair all City roads outside the project, including boulevards, where damage has
occurred as a result of an operation or operations related in any way to the
development of the project; and
(c) maintain all City roads within the project in a mud and dust free condition and free of obstructions, regardless of the source or cause of any mud, dust or obstruction.
(2) The Developer shall within 24 hours of verbal notification by the City to it or its
representatives, shall undertake such Works as are necessary to clean, clear or repair any City road requiring such Works in the opinion of the Director and the Director, Community Services or their designate.
19. Insurance Requirements (1) Before commencing any of the Works provided for herein, the Developer shall supply the City with a certificate of insurance verifying that a liability insurance policy is in place
in a form satisfactory to the City, naming the City as an additional insured and indemnifying the City from any loss arising from claims for damages, injury or otherwise in connection with the Works done by or on behalf of the Developer on The Roadway. (2) The policy shall,
(a) name the City of Pickering as an additional insured; (b) set the minimum limit at $5,000,000.00 all inclusive for property damage and personal liability; (c) indicate “per occurrence”;
(d) refer to “products and completed operations” only; if the policy contains an “aggregate amount”; (e) contain a clause including blasting, if blasting is to occur; and
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(f) remain in full force and effect until the Final Acceptance Certificate has been issued by the City.
(3) The policy premium shall be paid initially for a period of one year and the policy shall be
renewed for further one-year periods until the Final Acceptance Certificate has been issued by the City. (4) The Developer acknowledges that, the City may, at its discretion, draw upon the
Developer’s Letter of Credit to pay for:
(a) the Developer’s policy premium to keep adequate insurance in place until such time as the City has issued the Final Acceptance Certificate; and (b) the City’s administration fee of $250.00, plus HST, per renewal,
if at any time, prior to the Final Acceptance Certificate being issued by the City, the insurance policy referred to above is cancelled. (5) If the policy is subject to a deductible amount, the Security provided for by the
Developer to the City pursuant to this Agreement shall also be available to be called
upon by the City to pay for any amount required to be paid for by the Developer as the Developer’s deductible under the aforesaid insurance policy and not otherwise paid for by the Developer.
(6) The provision of the insurance policy required by this section shall not relieve the
Developer from liability for claims not covered by the policy or which exceed its limits, if any, for which the Developer may be held responsible. 20. Owner’s General Indemnity Until the Director, Engineering Services has issued the Final Acceptance Certificate for the
Works, the Owner shall indemnify the City from all losses, damages, costs, expenses, claims, demands and actions of every nature and kind whatsoever, including death or injury (collectively referred to as ‘losses’), arising directly or indirectly from the failure to construct the Works pursuant to this Agreement or the Owner’s failure to comply in all respects with all other requirements under this Agreement, whether or not such losses are incurred by reason of
negligence or on the part of the Owner and whether such losses are sustained by the City, the Owner, or their employees, workmen, servants, agents or any other person or corporation. 21. Utility / Services The Owner agrees that the cost of any relocation, extension, alteration or extraordinary
maintenance of existing services necessitated by this development shall be the responsibility of the Owner.
22. Engineering Inspection Fees
Before commencing any of the Works, the Developer shall pay to the City by certified cheque $__________________ for the development inspection fee done by the City's Planning & Development Department as part of the processing of this development.
X. Road Degradation Fee [NTD: Is this required]
Prior to the City releasing the 40M-Plan relating to this plan of subdivision to the Land Registry
Office for registration, the Owner shall provide the City with a certified cheque, made payable to the ‘City of Pickering’ in the amount of $__________ being the Owner’s contribution towards the City’s road degradation fee. 23 . Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which taken together shall be deemed to constitute one and the
same document. The execution of this Agreement will not become effective until counterparts
hereof have been executed by all the parties hereto. Counterparts may be executed either in original or electronic form and the parties adopt any signatures received in electronic form as original signatures of the parties.
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In witness whereof the Owner and the City have duly executed this Agreement as of the date first written above.
Seaton TFPM Inc.
__________________________________________ Name: Title: __________________________________________ Name:
Title:
I/We have the authority to bind the Corporation.
The Corporation of the City of Pickering
__________________________________________ David Ryan, Mayor
__________________________________________ Susan Cassel, City Clerk
L-4100-08-21
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SIDELINE16FIFTH CONCESSION ROAD
SIDELINE16 SCALE:
Engineering Services
Department Fifth Concession Road Oversizing
From Brock Road to Sideline 16Jun. 09, 2021 DATE:
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1:5,000
Subject
Area
Location Map
Attachment #2 to Report #ENG 17-21