HomeMy WebLinkAboutCS 44-19C4PICKE RiNG
Report to
Executive Committee
Report Number: CS 44-19
Date: December 2, 2019
From: Marisa Carpino
Director, Community Services
Subject: Municipal Highway Winter Maintenance Agreement
- Third Concession Road (Peter Matthews Drive) in the City of Pickering
- File: A-1440-001-19
Recommendation:
1. That Council authorize the Mayor and City Clerk to execute a Municipal Highway Winter
Maintenance Agreement with the Regional Municipality of Durham set out in Attachment 1 to
this report, subject to minor revisions as may be required by the Director, Community
Services, and the Director, Corporate Services & City Solicitor; and,
2. That the appropriate City officials be authorized to take the necessary actions as indicated in
this report.
Executive Summary: The Municipal Highway Winter Maintenance Agreement with the
Regional Municipality of Durham will provide for winter patrol and maintenance services by the
City of Pickering for Third Concession Road (Peter Matthews Drive) which extends from Brock
Road westerly to Grand Valley Park (also known as the off leash dog park), as set out in
Attachment 1. Winter patrol and maintenance by the City of Pickering has been requested by the
Regional Municipality of Durham and will result in a more consistent level of service for City of
Pickering residents.
The Regional Municipality of Durham will continue to be responsible for routine patrol and
maintenance of Third Concession Road (Peter Matthews Drive). It is staff's understanding that the
Regional Municipality of Durham will resume winter patrol and winter maintenance once Peter
Matthews Drive extends into the south Lamoreaux subdivision in Seaton connecting to Taunton
Road with an anticipated increase in traffic volume. The Municipal Highway Winter Maintenance
Agreement would remain in effect until such time as the Regional Municipality of Durham advises
the City of Pickering by written notice within 90 days of its intention to resume winter patrol and
winter maintenance.
Financial Implications: The Regional Municipality of Durham will compensate the City of
Pickering for winter patrol and maintenance services provided between the dates of November 5
through April 30, at a flat annual rate of $2,500.00 per lane -kilometre. Based on an estimate of 2.6
lane/kilometres, the anticipated annual revenue is $6,500.00.
CS 44-19 December 2, 2019
Subject: Municipal Highway Winter Maintenance Agreement Page 2
Discussion: At the present time, Third Concession Road (Peter Matthews Drive) between
Brock Road and Grand Valley Park behaves like a collector road requiring maintenance in
accordance with the Minimum Maintenance Standards (MMS) for Class 3 or 4 roads. Although a
Regional Road, winter maintenance for this road type is better suited to the City of Pickering's
equipment and plow routes.
As such, City of Pickering (as a service provider) has agreed to provide winter patrol and
maintenance for Third Concession Road (Peter Matthews Drive), subject to the terms and
conditions outlined in the attached Municipal Highway Winter Maintenance Agreement. The City
will continue to sand, salt, plow, and remove snow and ice as needed in accordance with MMS
standards during the term of this agreement. The Regional Municipality of Durham will be
responsible to provide all other routine patrol, maintenance and repair requirements, such as
grading, pothole repairs, signage and drainage.
Interestingly, the City of Pickering is currently responsible for the year round patrol and
maintenance, including winter maintenance, on Third Concession Road from Brock Road easterly
to the Ajax/Pickering border ending at Bunting Court. As such, the additional winter maintenance
services will provide consistent and continuous winter maintenance for those who travel on Third
Concession Road at the present time.
Once Peter Matthews Drive is built out and connects to Taunton Road through the South
Lamoreaux subdivision in Seaton, it will attract larger volumes of traffic and behave more like an
arterial road. At that time, the Regional Municipality of Durham will resume winter patrol and
winter maintenance.
The Municipal Highway Winter Maintenance Agreement, as set out in Attachment 1, is for a one
year term ending April 30, 2020, with automatic renewal for additional one year periods, and as
authorized by Council, will be executed subject to minor revisions as may be required by the
Director, Community Services and the Director, Corporate Services & City Solicitor.
Attachment:
1. Municipal Highway Winter Maintenance Agreement
CS 44-19
December 2, 2019
Subject: Municipal Highway Winter Maintenance Agreement Page 3
Prepared By:
Rob Burlie, P. Eng.
Manager, Public Works
Division Head, Operations
Approved/Endorsed By:
Marisa = no, M.A.
Director, ommunity Services
Recommended for the consideration
of Pickering City Council
Tony Prevedel, P. Eng.
Chief Administrative Officer
av--. 154206
RB: nm
Attachment No. 1 to Report CS 44-19
Municipal Highway Winter Maintenance Agreement
This Agreement made this day of , 2019
Between:
The Regional Municipality of Durham
(the "Region")
- and -
The Corporation of the City of Pickering
(the "City")
WHEREAS Third Concession Road (Peter Matthews Drive), being Part of Lot 19,
Concession 2, Part of Lots 19 and 20, Concession 3, Part of the Road Allowance
between Concessions 2 and 3, and Part of Clearside Court, Plan 40M-1887,
designated as Parts 1 to 7, Plan 40R-30215 (the "Road") located within the City of
Pickering is under the jurisdiction and ownership of the Region;
AND WHEREAS Section 11 and Section 20(1) of the Municipal Act, 2001, S.O. 2001,
c. 24 (the "Municipal Act") permit municipalities to enter into an agreement to provide for
the operation and maintenance of roads;
AND WHEREAS the City and the Region are desirous of entering into an agreement
pursuant to the provisions of Section 11 and Section 20(1) of the Municipal Act, wherein
the City will undertake agreed upon winter maintenance services of the Road on behalf
of the Region in exchange for payment by the Region to the City for the agreed upon
winter maintenance services;
NOW THEREFORE in consideration of the covenants herein contained and upon the
terms and conditions expressed herein the parties agree as follows:
1. Definitions
(1) "Agreement" means this agreement, including its recitals and any
Schedules which form an integral part of it, as amended from time to time.
(2) "Capital Improvements" means any road repair or improvement that is not
Regular Maintenance, including, but not limited to, major repairs,
improvements and replacements such as resurfacing and reconstruction
of the Road, bridge replacement or reconstruction, culvert replacement, or
the installation of new or expanded drainage systems.
(3)
"Claims" include any and all claims, actions, causes of action, complaints,
demands, suites or proceedings of any nature or kind in respect of any
and all losses, damages, liabilities, deficiencies, costs and expenses
(including, without limitation, all legal and other professional fees and
disbursements, interest, liquidated damages and amounts paid in
settlement, whether from a third person or otherwise), the costs or
expenses of complying with any environmental laws, and any economic
losses, consequential, indirect, special and incidental damages resulting
from or in any way related to a breach of a term of this Agreement, loss of
life, personal injury (including, in all cases, personal discomfort and
illness), and loss of and damage to property.
"Minimum Maintenance Standards" means those standards established
by Ontario Regulation 239/02, as amended, pursuant to Section 44 of the
Municipal Act.
"Regular Maintenance" means all routine or normal road maintenance
including, but not limited to, shouldering, asphalt repair, pothole patching,
crack sealing, depression settlement repairs, catch basin and storm sewer
cleanout, litter pick up, inspection, repair and replacement related to
signs, vegetation control, road and roadside drainage, entrances and
entrance culverts, dust control, road surfacing, road stability, and grading,
and excludes Winter Maintenance.
(6) "Road" means Third Concession Road (Peter Matthews Drive), being Part
of Lot 19, Concession 2, Part of Lots 19 and 20, Concession 3, Part of the
Road Allowance between Concessions 2 and 3, and Part of Clearside
Court, Plan 40M-1887, designated as Parts 1 to 7, Plan 40R-30215, being
2.6 lane -kilometres, as further identified in the location map attached
hereto as Schedule A.
(7)
"Routine Road Patrol" means the process of driving each section of the
Road in one direction to monitor road conditions and assess the need for
Regular Maintenance, and shall not include Winter Road Patrol.
(8) "Term" means the term of this Agreement as specified in Section 2 of this
Agreement.
(9) "Winter Maintenance" means snow ploughing, ice control, application of
sand and/or salt mixture, application of brine direct liquid, snow removal
where necessary and Winter Road Patrol, and excludes Capital
Improvements, Regular Maintenance and Routine Road Patrol. Winter
Maintenance shall occur throughout the Winter Maintenance Term.
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(10) "Winter Maintenance Term" shall occur through November 5 to April 30,
inclusive, in each calendar year of the Term.
(11) "Winter Road Patrol" shall occur throughout the Winter Maintenance Term
and means the process of driving each section of the Road in one
direction to monitor winter road conditions and assess the need for Winter
Maintenance, and shall not include Routine Road Patrol.
2. Term
This Agreement shall commence on January 4, 2019 for a term of one (1) year
expiring on January 3, 2020, unless terminated earlier as provided hereunder
(the "Initial Term"). The Initial Term will thereafter automatically renew for
additional one (1) year periods (the Initial Term and any renewal thereof being
collectively referred to herein as the "Term") unless either party terminates this
Agreement, without cause, by no less than 90 days written notice prior to the end
of the then current Term.
3. Maintenance and Repair
(1) The City shall provide Winter Maintenance of the Road in accordance with
the Minimum Maintenance Standards.
(2) Notwithstanding any other provision contained herein, the obligations set
out in this Agreement shall not include any obligation or responsibility of
the City for any maintenance services and/or improvements, including, but
not limited to, Capital Improvements, Regular Maintenance and Routine
Road Patrol of the Road that are the responsibility of the Region to
provide, whether pursuant to this Agreement or otherwise. Furthermore,
the Region acknowledges and agrees that the physical condition of the
Road may affect the manner in which Winter Maintenance is delivered by
the City.
(3)
The Region, at its sole cost and expense, shall provide all Capital
Improvements, Regular Maintenance and Routine Road Patrol of the
Road in accordance with the Minimum Maintenance Standards.
4. Fee and Payment
(1) The Region agrees to pay $6,500.00 ($2,500.00 per lane -kilometre of
road maintained where the Road is 2.6 lane -kilometres) annually to the
City throughout the Term of this Agreement for costs incurred by the City
in performing Winter Maintenance of the Road. The parties acknowledge
and agree that the commencement date of this Agreement is not the first
day of the Winter Maintenance Term and that the Region shall pay to the
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City $4,290.00 for the remainder of the Winter Maintenance Term from
January 4, 2019 to April 30, 2019.
(2) Within 60 days of the end of each year throughout the Term, the City shall
submit to the Region annual invoices and the Region shall pay the annual
invoices submitted by the City within 30 days of receipt of said invoices.
5. Default
(1) Upon default by either party (the "Defaulting Party") under any terms of
this Agreement, and at any time after the default, the other party (the
"Non -Defaulting Party") shall have all the rights and remedies provided by
law and by this Agreement.
(2) No delay or omission by the Non -Defaulting Party in exercising any right
or remedy, and no single or partial exercise of a right or remedy shall
preclude any other or further exercise of such right or remedy, or the
exercise of any other right or remedy. Furthermore, the Non -Defaulting
Party may, but is not required to, remedy any default by the Defaulting
Party in any reasonable manner without waiving the default remedied and
without waiving any other prior or subsequent default by the Defaulting
Party. All rights and remedies of the Non -Defaulting Party granted or
recognized in this Agreement are cumulative and may be exercised at any
time and from time to time independently or in combination.
6. Liability
The parties acknowledge and agree that, upon execution of this Agreement, the
City shall perform Winter Maintenance of the Road in accordance with the
maintenance obligations set out in this Agreement. Notwithstanding any other
provision contained herein, the City shall only be liable for any damages that
arise from Winter Maintenance of the Road, to the extent that such obligations
have been assigned to the City in accordance with this Agreement, and that the
City shall be relieved from all liability in respect of any maintenance services
and/or improvements not included as part of the Winter Maintenance of the
Road.
7. Notice of Claims
The Region and the City shall notify each other forthwith of any Claims or other
information regarding pending or possible Claims by a third party arising from the
responsibilities set out in this Agreement, and shall provide each other with
copies of any correspondence with the claimant or the claimant's representatives
upon request.
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8. Indemnification
(1) The City agrees to defend, indemnify and save the Region harmless from
all Claims in any way caused or alleged to be caused by the negligence or
wrongdoing of the City, its employees, agents, contractors and councillors
related to or arising out of the performance of this Agreement, including
the Winter Maintenance of the Road.
(2) The Region agrees to defend, indemnify and save the City harmless from
all Claims in any way caused or alleged to be caused by the negligence or
wrongdoing of the Region, its employees, agents, contractors and
councillors related to or arising out of the performance of this Agreement
unless the allegations are made in relation to the Winter Maintenance of
the Road.
9. Insurance
(1) During the Term of this Agreement, the City shall maintain a policy of
General Liability insurance providing coverage in respect of any incident
bringing rise to a claim pertaining to this Agreement to the limit of a minimum
of Ten Million Dollars ($10,000,000.00) exclusive of interest and costs,
against death, injury, property damage and personal injury. Such insurance
policy shall contain provisions for cross liability and severability of interest
and further that the policy will not be cancelled until 30 days after written
notice of such change or cancellation shall have been given to the Region.
The General Liability policy shall include the Region as an additional insured
with respect of all operations performed by or on behalf of the City pertaining
to this Agreement. The City shall also maintain automobile Liability Insurance
in respect to licensed vehicles and trailers owned and/or leased by the City,
with limits of not less than Five Million Dollars ($5,000,000.00) inclusive per
occurrence for bodily injury, death and damage to property. The City shall
provide to the Region a Certificate of Insurance verifying the above.
(2) During the Term of this Agreement, the Region shall maintain a policy of
General Liability insurance providing coverage in respect of any incident
bringing rise to a claim pertaining to this Agreement to the limit of a minimum
of Ten Million Dollars ($10,000,000.00) exclusive of interest and costs,
against death, injury, property damage and personal injury. Such insurance
policy shall contain provisions for cross liability and severability of interest
and further that the policy will not be cancelled until 30 days after written
notice of such change or cancellation shall have been given to the City. The
General Liability policy shall include the City as an additional insured with
respect of all operations performed by or on behalf of the Region pertaining
to this Agreement. The Region shall also maintain automobile Liability
Insurance in respect to licensed vehicles and trailers owned and/or leased by
the Region, with limits of not less than Five Million Dollars ($5,000,000.00)
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inclusive per occurrence for bodily injury, death and damage to property. The
Region shall provide to the City a Certificate of Insurance verifying the above.
10. Notice
(1) Any notice, document or communication to be given under this Agreement
shall be in writing and delivered by hand, registered or pre -paid mail,
courier, fax or email (as appropriate) to the party to which it is to be given,
as follows:
to the Region at:
605 Rossland Road East, Whitby, ON L1N 6A3
Attention: David Hagner, Fax No.: 905.668.2051
and to the City at:
Pickering Civic Complex, One The Esplanade, Pickering, ON L1V 6K7
Attention: City Clerk, Fax No.: 905.420.9685
Any notice or other communication will be deemed to have been received,
if delivered or sent by email or fax, on the date of delivery or transmittal
and if mailed by registered post, on the 10th day following the date of
mailing.
(2) Notwithstanding the foregoing, unless otherwise specified, notice of any
immediate matter concerning the performance of the maintenance
obligations of the Road under this Agreement shall be made to the
following:
to the Region:
Attention: Shawn Downey
Phone No.: 905.683.1471
Email: shawn.downey@durham.ca
to the City:
Attention: Rod Marshall
Phone No.: 905.420.4660 ext. 5221
Email: rodmarshall@pickering.ca
11. General
(1) Schedule A attached hereto shall form part of this Agreement.
(2) This Agreement shall enure to the benefit of and be binding upon the
parties hereto and their respective successors and permitted assigns.
Neither party may assign all or any part of this Agreement without the prior
written approval of the other party.
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(3) All words in this Agreement shall be deemed to include any number or
gender as the context requires.
(4) This Agreement shall be governed by and construed in accordance with
the laws of the Province of Ontario.
(5) In this Agreement, headings are for convenience of reference and are not
to be used to interpret this Agreement, and words in the singular include
the plural and vice versa.
(6) This Agreement constitutes the entire agreement between the parties
concerning the maintenance of the Road and may only be amended or
supplemented by an agreement in writing signed by both parties.
(7)
The parties shall comply with all legal requirements (including statutes,
laws, by-laws, regulations, ordinances, orders, rules and regulations of
every governmental authority having jurisdiction) that relate to the
maintenance of the Road.
(8) All paragraphs, terms and conditions of this Agreement are severable,
and the invalidity, illegality or unenforceability of any such paragraph, term
or condition shall be deemed not to affect the validity, enforceability or
legality of the remaining paragraphs, terms and conditions.
(9)
Notwithstanding anything in this Agreement, neither party shall be in
default with respect to the performance of any of the terms of this
Agreement if any non-performance is due to any force majeure, strike,
lock -out, labour dispute, civil commotion, war or similar event, invasion,
the exercise of military power, act of God, government regulations or
controls, inability to obtain any material or service, or any cause beyond
the reasonable control of the party.
(10) The parties acknowledge that this Agreement and any information or
documents that are provided hereunder may be released pursuant to the
provisions of the Municipal Freedom of Information and Protection of
Privacy Act, R.S.O. 1990, C. M.56, as amended. This acknowledgement
shall not be construed as a waiver of any right to object to the release of
this Agreement or of any information or documents.
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In witness whereof the parties have duly executed this Agreement as of the date first
written above.
The Regional Municipality of Durham
The Corporation of the City of Pickering
David Ryan, Mayor
Susan Cassel, City Clerk
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Schedule A
Location Map Identifying the Road
Wintor Marnionance - Conciassi6n Road 3 (Reiter Matthews Drive)- t.3 kr- f2 R terse k,i! .. ori: F.rkIrdr
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