AGENDA PUBLIC WORKS COMMITTEE Wednesday, September 23, 2015 Immediately Following Economic Development Committee Meeting Lanark County Administration Building Councillor Gail Code, Chair Page 1. CALL TO ORDER (Reminder please silence all electronic devices) 2. DISCLOSURE OF PECUNIARY INTEREST 3. APPROVAL OF MINUTES Suggested Motion: "THAT, the minutes of the Public Works Committee meeting held on August 26, 2015 be approved as circulated." 4. ADDITIONS AND APPROVAL OF AGENDA Suggested Motion: "THAT, the agenda be approved as presented." 5. DELEGATIONS (10 MINUTES) None 6. PRESENTATIONS None 7. 4 COMMUNICATIONS i) Town of Mississippi Mills: Notice of Study Commencement Infrastructure Renewals - Almonte Downtown Core Environmental Assessment Study Suggested Motion: "THAT, the communications for the September Public Works Committee meeting be received as information." Page 1 of 24 Page 8. 5 - 13 CONSENT REPORTS i) REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Suggested Motion: "THAT, the recommendations contained in following Consent Reports for the September Public Works Committee meeting be approved: Report #PW-31-2015 Public Works Contracts Status Report #4." 9. 14 - 17 DISCUSSION REPORTS i) REPORT #PW-32-2015 COUNTY SUBSIDY FOR LOCAL MUNICIPAL SIDEWALK WINTER MAINTENANCE Public Works Business Manager, Janet Tysick Suggested Motion: “THAT, the County subsidy for local municipal sidewalk winter maintenance be discontinued, effective January 1, 2016; AND THAT, a copy of this Report be provided to the affected municipalities.” 18 - 23 ii) REPORT #PW-33-2015 INTERMUNICIPAL WINTER ROAD MAINTENANCE AGREEMENTS AMENDMENTS Public Works Business Manager, Janet Tysick Suggested Motion: “THAT, it is recommended that the Intermunicipal Winter Road Maintenance Agreements be amended, for the below listed municipalities: i) Montague - County use of Municipal Yard $8,337.22; ii) Beckwith – Winter Maintenance County Road 17 $13,826.30; iii) Mississippi Mills – Winter Maintenance County Road 16A and County Road 17 - $12,569.28; iv) Lanark Highlands – Termination of Existing Agreement; v) Carleton Place – Winter Maintenance County Road 7B - $16,759.04; Page 2 of 24 Page vi) Tay Valley – Termination of existing Agreement; and vii)Town of Perth – Town use of Municipal Yard $8,337.22. AND THAT, the Deputy Clerk prepares the necessary By-Law to authorize the execution of the amended Intermunicipal Winter Road Maintenance Agreements." 10. VERBAL REPORTS None 11. DEFERRED REPORTS None 12. CONFIDENTIAL REPORTS None 13. 24 NEW/OTHER BUSINESS i) 14. Meeting Schedule Council and Clerk Services Assistant, Erica Patterson ADJOURNMENT Page 3 of 24 AGENDA ITEM # 7i) Notice of Study Commencement Infrastructure Renewals – Almonte Downtown Core Environmental Assessment Study The Municipality of Mississippi Mills has initiated the Infrastructure Renewals – Almonte Downtown Core Environmental Assessment (EA) Study.The study will address the advance planning needs for renewal of underground servicing (water, sewer, drainage, utilities) in the downtown core. It will also involve working with the community to develop road and streetscape designs that are complementary to local business and enable safe, convenient and comfortable access for users of all ages and abilities regardless of their mode of transportation. The streetscape design shall work to enhance the unique cultural and heritage features of the core that are key to the Municipality’s continued success in local business, tourism, community events and festivals. A Recommended Plan will be developed for the study area shown in the key map. The study process will involve developing, assessing and evaluating alternatives, which will result in a Recommended Plan which will be presented to City Council for approval.Open houses will be held during the course of the study to review and discuss the project with residents and solicit feedback. Open house notices will be published in local newspapers and on the Town’s website. Information about the study will also be available on the Town's website and Facebook page. The study will be conducted in accordance with Ontario’s EA Act, fulfilling the requirements of the Municipal Class EA process that may apply. Interested persons can provide comments throughout the study process. Any comments received will be collected under the EA Act and, with the exception of personal information, will become part of the public record. For further information or to provide comments, please contact: W. Troy Dunlop, C.E.T. Director of Roads and Public Works Corporation of the Municipality of Mississippi Mills 3131 Old Perth Road Almonte, Ontario K0A 1A0 Tel: 613-256-2064 x 233 Fax: 613-256-4242 E-mail: [email protected] Ron Clarke, MCIP, RPP Manager of Urban Planning and Design Parsons Inc. 1223 Michael Street, Suite 100 Ottawa, ON K1J 7T2 Tel: 613-738-4160 x 5226 Fax: 613-739-7105 E-mail: [email protected] Town of Mississippi Mills: Notice of Study Commencement Infr... Page 4 of 24 AGENDA ITEM # 8i) THE COUNTY OF LANARK PUBLIC WORKS COMMITTEE September 23, 2015 Report # PW-31-2015 of the Director of Public Works PUBLIC WORKS CONTRACTS STATUS REPORT #4 1. STAFF RECOMMENDATIONS "THAT, the Public Works Committee receives Report #PW-31-2015, Public Works Contracts Status Report #4, for information." 2. PURPOSE The purpose of this Report is to inform the Public Works Committee of the status of the Public Works Contracts. 3. BACKGROUND Contracts related to Community Forests and Facility Projects, managed by the Public Works Department, are included in the Contracts Status Report. Any shaded rows, in the attached Summary (Appendix "A") indicate completed Contracts. 4. DISCUSSION Appendix "A" includes a Summary of the Contracts. 5. ANALYSIS AND OPTIONS The Table below summarizes the status of the Contracts/Tenders/Projects being managed by the Public Works Department: Ongoing Scheduled, but work not started Tendered, but not awarded Completed 6. 46 2 2 39 FINANCIAL IMPLICATIONS None. REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 5 of 24 AGENDA ITEM # 8i) 7. LOCAL MUNICIPAL IMPACT None. 8. CONCLUSIONS Public Works Contracts are progressing in a satisfactory manner. Staff recommends this Report be received as information. 9. ATTACHMENTS Appendix "A" - Public Works Contracts Status (as of September 16, 2015). Recommended By: Janet Tysick Business Manager Approved for Submission By: Manager Approval By: Terry McCann Director of Public Works Kurt Greaves Chief Administrative Officer REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 6 of 24 AGENDA ITEM # 8i) APPENDIX “A” PUBLIC WORKS CONTRACTS STATUS (as of September 16, 2015) CONTRACT # TENDER DESCRIPTION AWARDED TO STATUS/COMMENTS BUILDINGS AND PROPERTIES PW-B-ADV-1995AUTO-E0 PW-B-43-2005-09-E4 Service Contract/Agreement Elevator Maintenance– Administration Building Advanced Alarms Ongoing Thyssenkrupp Elevator (Canada) Limited Ongoing PW-B-WAS-2006AUTO-E0 Service Contract/Agreement Waste Management Canada Ongoing PW-B-MCN-2008AUTO-E0 Service Contract/Agreement McNamee Plumbing & Heating Ltd. Ongoing PW-B-39-2010-12-E2 Municipal Offices and Lanark Lodge Winter Maintenance Howard Home Care November, 2014 – April, 2015 PW-B-35-2011-14-E2 Municipal Office Sidewalk Winter Maintenance Whyte’s Maintenance November, 2014 – April, 2015 PW-B-03-2014-18-E2 Janitorial Services Palmer & Associates Ongoing PW-B-GRE-2015-15E0 Service Contract/Agreement – 2015 Lawn Mowing and Landscape Maintenance for the Administration and Public Works Building Green Acres Greenhouse Ongoing PW-B-18-2015-15-E0 Site Works at New County Facility Arnott Brothers Construction Ltd. PW-B-19-2015-15-E0 Construction of the Public Works Office/Garage Richard D. Steele Construction (1979) Ltd. May – October, 2015 PW-B-29-2015-15-E0 Hot Mix Paving and Resurfacing at County of Lanark Site, 99 Christie Lake Road, Perth, ON Karson Konstruction (A Division of West Carleton Sand & Gravel Inc.) August – September, 2015 PW-B-32-2015-15-E0 Sand/Salt Storage and Equipment Storage Buildings Wright Developments Inc. June – August, 2015 Strathcona Solar Initiatives Completion Date: December 31, 2015 Wright Developments Inc. September – October, 2015 PW-B-48-2015-15-E0 PW-B-50-2015-15-E0 PW-B-58-2015-15-E0 Request for Proposals for Design, Supply, Install and Commission of One (1) 10kW Solar Roof Mount Installation (OPA/IESO MicroFIT Contract) Supply and Construction of the Union Hall Equipment Storage Building Request for Quotation – Roof Repair McKay Sheet Metal & Roofing April – September, 2015 Completion Date: November 1, 2015 Page 1 of 7 REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 7 of 24 AGENDA ITEM # 8i) CONTRACT # TENDER DESCRIPTION AWARDED TO STATUS/COMMENTS BUILDINGS AND PROPERTIES PW-B-59-2015-18-E2 Municipal Offices and Lanark Lodge Winter Maintenance Tender Opening: September 24, 2015 PW-B-61-2015-16-E0 Request for Proposals for Design, Supply and Install of LED Lighting Proposal Opening on September 28, 2015 CONSTRUCTION PW-C-30-2009-12-E4 PW-C-40-2010-16-E0 RFP: For Engineering Services for OSIM Bridge Inspections (Four-Year Contract) RFP: for Consulting Engineering Services for the Rehabilitation of Six County of Lanark Bridges G.D. Jewell Engineering Inc. McCormick Rankin Corporation: Mississippi River Bridge (County Road #511) Innovative Civil Constructors Inc. Ongoing Ongoing PW-C-26-2014-14-E0 Mississippi River Bridge Rehabilitation 99% complete September, 2015 PW-C-02-2015-15-E0 Road Rehabilitation of County Road #8 Thomas Cavanagh Construction Limited August – October, 2015 PW-C-04-2015-15-E0 Road Rehabilitation of County Road #19 Crains’ Construction Limited June – September, 2015 Warm Mix Resurfacing of County Road #10 (Drummond Con 2) Placement of a Stress Absorbing Membrane Interlayer on County Road #10 Micro-Surfacing – County Roads #8, #10, #12, #14 and #21 Norjohn Contracting and Paving Limited Miller Paving Ltd. (Schedules “A” – “E”) June – July, 2015 PW-C-07-2015-15-E0 Road Rehabilitation of County Road #24 Goldie Mohr Ltd. May – June, 2015 PW-C-11-2015-15-E0 Culvert Replacement - County Roads #4, #9, #14, #16, #17, #29, #26, #43 and #511 Goldie Mohr Ltd. May – July, 2015 PW-C-12-2015-15-E0 Surface Treatment – County Roads #8, #14 and #22 PW-C-17-2015-15-E0 Road Rehabilitation of County Road #511 (Hopetown) PW-C-37-2015-15-E0 Active Transportation/Snowmobile Structure at Hwy. 511, Mississippi River Bridge PW-C-05-2015-15-E0 PW-C-06-2015-15-E0 PW-C-08-2015-15-E0 Coco Paving Inc. Smiths Construction Company (Schedules “A” – “C”) G. Tackaberry & Sons Construction Company Limited Beam Construction (1984) Co. Ltd. June – July, 2015 June, 2015 June, 2015 June – July, 2015 July – October, 2015 Page 2 of 7 REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 8 of 24 AGENDA ITEM # 8i) CONTRACT # TENDER DESCRIPTION AWARDED TO STATUS/COMMENTS EQUIPMENT AND FLEET PW-E-GLE-2009-09E3 Radio Maintenance Agreement PW-E-33-2009-12-E6 Provision of Diesel Fuel and Regular Unleaded Gasoline Fuel PW-E-53-2012-15-E1 Glentel Ongoing WO Stinson Ltd. (Diesel) MacEwen’s (Gas – Perth Patrol) (previously Kilpatrick’s) Ongoing Request for Standing Offer (RFSO) for the Provision of Tires for Public Works Fleet RDB Tire Sales Ongoing PW-E-54-2012-14-E2 Request for Quotation (RFQ) for Plow Blades Creighton Rock Drill Ongoing PW-E-22-2015-15-E0 Supply and Delivery of One (1) Used Pay Loader Nortrax Canada Inc. Delivered Weagant Farm Supplies Ltd. Delivered Equipements Lourds Papineau Inc. Delivered PW-E-23-2015-15-E0 PW-E-24-2015-15-E0 Supply and Delivery of One (1) Used Tractor and Boom Flail Cutting Head Supply and Delivery of One (1) Cab and Chassis with Tandem Snow Plow and Harness Fully Detachable, Tandem 30 Ton IBS System, IBS 15 Foot Tandem Dump Body and Flusher Kit FOREST PW-F-60-2014-16-E0 PW-F-51-2015-17-E0 PW-F-56-2015-25-E2 Community Forest Red Pine Timber Harvesting, Part Lot 8, Conc VI; Lot 6, Conc VII; and Lot 8, Conc VII; Geographic Township of Darling. Part Lots 5 and 6, Conc X and XI, Geographic Township of Lavant. Part Lot 14, Conc XII, Geographic Township of South Sherbrooke Hardwood Timber Harvest, Part Lot 3, Concessions 10 and 11 (Thorne Community Forest), Geographic Township of Dalhousie Maple Sugar Bush Tapping Rental, Part of Lot 3, Concession 10 and 11 (Thorne Community Forest), Geographic Township of Dalhousie Lavern Heideman & Sons Ltd. Ongoing Wheeler Maple Products (Vernon Wheeler) Completion date: March 31, 2017 Wheeler Maple Products (Vernon Wheeler) December, 2015 – December, 2025 Page 3 of 7 REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 9 of 24 AGENDA ITEM # 8i) CONTRACT # TENDER DESCRIPTION AWARDED TO STATUS/COMMENTS MAINTENANCE PW-M-LEE-1971AUTO-E0 Winter Road Maintenance Agreement for Bolingbroke Road (County Road #36), from Althorpe Road (County Road #6) to the County boundary a distance of .8 km and Heritage Drive (County Road #2), from East limit of Merrickville-Wolford to the boundary, a distance of 5 km. In lieu the County maintains Narrows Lock Road from the boundary to the Narrows Lock Swing Bridge, a distance of 1.2 km, and Rideau Ferry Road from the Rideau Ferry Bridge to the intersection with Highway 15, a distance of 5.5 km. PW-M-PEL-2000AUTO-E0 Weather Forecast Service Contract/Agreement PW-M-OTT-2002AUTO-E0 PW-M-BEC-2003AUTO-E0 PW-M-CAR-2003AUTO-E0 W-M-LAN-2003AUTO-E0 PW-M-MIS-2003AUTO-E0 PW-M-MON-2003AUTO-E0 Winter Road Maintenance Agreement for March Road (County Road #49) from the City Boundary to Ottawa Street, including the roundabout, for a distance of 2.9 km. In lieu, the County maintains Regional Road #6 from the boundary to Dwyer Hill Road, for a distance of 2.8 km. Winter Road Maintenance Agreement for Cemetery Side Road (County Road #17) 10.4 km Winter Road Maintenance Agreement Townline Road (County Road #7B) 3.2 km & 2,793 metres of sidewalk Winter Maintenance Agreement for 1,246 metres of sidewalk Winter Road Maintenance Agreement for a portion of County Roads #16A and #17 and 5,345 metres of sidewalk Winter Operations Agreement – County use of Montague Yard for truck & material storage The Corporation of the United Counties of Leeds and Grenville Completed for the Winter Season Pelmorex Media Inc. November, 2014 – April, 2015 City of Ottawa Completed for the Winter Season Township of Beckwith Completed for the Winter Season Town of Carleton Place Completed for the Winter Season Lanark Highlands Township Completed for the Winter Season Town of Mississippi Mills Completed for the Winter Season Montague Township Completed for the Winter Season Page 4 of 7 REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 10 of 24 AGENDA ITEM # 8i) CONTRACT # TENDER DESCRIPTION AWARDED TO STATUS/COMMENTS MAINTENANCE PW-M-PER-2003AUTO-E0 PW-M-TAY-2003AUTO-E0 Winter Operations Agreement – County maintains for the Town a portion of Sunset Boulevard, 0.9 km and provides material storage for Perth at Perth Patrol yard Winter Road Maintenance Agreement for Lally Road (County Road #21) for a distance of 5.5 km Town of Perth Completed for the Winter Season Tay Valley Township Completed for the Winter Season PW-M-AND-2009AUTO-E0 Service Contract/Agreement Trapper – Ted Anderson Ongoing PW-M-BIN-2009AUTO-E0 Service Contract/Agreement Trapper – Terry Bingley Ongoing PW-M-CLO-2009AUTO-E0 Service Contract/Agreement Trapper – Gord Closs Ongoing PW-M-GIL-2015-15E0 Service Contract/Agreement Ken Gilpin – Weed Inspector Services for 2015 Ongoing PW-M-GIR-2009AUTO-E0 Service Contract/Agreement Trapper – Dawson Girdwood Ongoing PW-M-MAC-2009AUTO-E0 Service Contract/Agreement Trapper – Bob Macfarlane Ongoing PW-M-SON-2009AUTO-E0 Service Contract/Agreement Trapper – Doug Sonnenburg Ongoing PW-M-WHY-2009AUTO-E0 Service Contract/Agreement Trapper – Laurie Whyte Ongoing PW-M-34-2007-09E0-X6 Traffic Control Signal, Flashing Beacons & Illuminations Systems Maintenance Partham Engineering Limited Ongoing PW-M-49-2008-08E0-X6 Snow Removal: Appleton Bridge Walkway PW-M-25-2011-13-E2 PW-M-27-2011-13-E2 PW-M-27-2011-13-E2 Cooney Construction & Landscape Supply and Delivery of Commercial Identification Signs Combination Tandem Plow Truck and Operator for Winter Maintenance Combination Tandem Plow Truck and Operator for Winter Maintenance MCR Signs Inc. O/A SIGNS@WORK Crack Cleaning & Sealing PW-M-46-2012-13-E1 Combination Tandem Plow Truck and Operator for Winter Maintenance January - December, 2015 Nedow Construction Inc. November, 2014 – April, 2015 Thomas Cavanagh Construction Limited November, 2014 – April, 2015 Roadlast Asphalt & Sealing Maintenance Inc. PW-M-31-2012-14-E1 Completed for the Winter Season Crains’ Construction Limited April – July, 2015 November, 2014 – April, 2015 Page 5 of 7 REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 11 of 24 AGENDA ITEM # 8i) CONTRACT # TENDER DESCRIPTION AWARDED TO STATUS/COMMENTS MAINTENANCE PW-M-09-2013-15-E1 PW-M-21-2013-15-E1 PW-M-28-2013-16-E2 Roadway Sweeping J & A Road Maintenance 3 Cable Guide Rail and Steel Beam Guide Rail Maintenance Contract Supply and Delivery of Bulk Coarse Highway Salt (2013 – 2016) Crains’ Construction Limited Cargill Deicing Technology May, 2015 April – August, 2015 Ongoing Crains’ Construction Limited – Schedules “A” and “B” PW-M-01-2014-16-E2 June – August, 2015 Roadside Brushing Tor Mac Tree Service Limited – Schedule “C” PW-M-13-2014-16-E1 Standing Order for Supply and Delivery of Bulk High Performance Cold Mix (2014 – 2016) PW-M-47-2015-17-E1 Combination Tandem Plow Truck and Operator for Winter Maintenance (2015 – 2017) PW-M-52-2014-15-E1 PW-M-55-2014-14-E1 PW-M-57-2014-17-E2 Stone Dust Screenings (Union Hall Depot, Perth Garage and McDonalds Corners Depot) Mixing and Anti-Ice Treating of Winter Mix (Union Hall Depot, Perth Garage and McDonalds Corners Depot) Combination Tandem Plow Truck and Operator for Winter Maintenance (2014 – 2017) PW-M-14-2015-15-E0 Supply and Place Shoulder Gravel PW-M-15-2015-15-E0 Hot Mix Patching PW-M-16-2015-15-E1 Roadside Ditching PW-M-20-2015-15-E3 Denchem Ltd. Nedow Construction Inc. Thomas Cavanagh Construction Limited November, 2015 – April, 2017 Karson Group September, 2015 Denchem Ltd. September – October, 2015 Thomas Cavanagh Construction Limited Crains’ Construction Limited (Schedules “A” and “B”) G. Tackaberry & Sons Construction Company Limited Crains’ Construction Limited Supply and Application of Water Based Traffic Paint for Pavement Markings Ongoing November, 2014 – April, 2015 May – July, 2015 May – November, 2015 May – July, 2015 Almon Equipment Ltd – Schedule “A” June – October, 2015 Howard Home Care – Schedule “B” Page 6 of 7 REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 12 of 24 AGENDA ITEM # 8i) CONTRACT # TENDER DESCRIPTION AWARDED TO STATUS/COMMENTS MAINTENANCE PW-M-36-2015-15-E2 PW-M-38-2015-15-E0 PW-M-42-2015-15-E0 PW-M-44-2015-16-E0 PW-M-45-2015-18-E2 Request for Quotation – Roadside Mowing Steven Lewis Request for Quotations (RFQ) for Supply and Delivery of Road Signs and Posts Placement of Asphalt in Depth Sealing on County Road #10 (Perth Road) Request for Quotation (RFQ) for Supply and Delivery of Winter Sand, Screen and Stack Winter Sand Request for Proposals for Combination Tandem Plow Truck and Operator for Winter Maintenance (2015 – 2018) – Five Routes to be Selected June, 2015 Mechanical Advertising Delivered Superior Road Products Ltd. July, 2015 Thomas Cavanagh Construction Limited September, 2015 Request for Proposals cancelled on June 11, 2015. PW-M-51-2015-15-E0 Request for Quotation – Pay Loader Rental Nortrax Canada Inc. Delivery date on November 2, 2015 PW-M-56-2015-15-E0 Request for Quotation – Stacker and Truck Rental Crains’ Construction Limited Delivery date on September 21, 2015 Page 7 of 7 REPORT #PW-31-2015 PUBLIC WORKS CONTRACTS STATUS REPORT #4 Page 13 of 24 AGENDA ITEM # 9i) THE COUNTY OF LANARK PUBLIC WORKS COMMITTEE September 23, 2015 Report # PW-32-2015 of the Director of Public Works COUNTY SUBSIDY FOR LOCAL MUNICIPAL SIDEWALK WINTER MAINTENANCE 1. STAFF RECOMMENDATIONS “THAT, the County subsidy for local municipal sidewalk winter maintenance be discontinued, effective January 1, 2016; AND THAT, a copy of this Report be provided to the affected municipalities.” 2. PURPOSE The purpose of this Report is to obtain Council’s approval to terminate the subsidy to three local municipalities for sidewalk winter maintenance. 3. BACKGROUND In 1999, Council initiated a subsidy of $2.00 per lineal metre for local municipalities with sidewalks adjacent to County Roads. At that time, the former Director did not recommend the subsidy and advised Council that sidewalk maintenance was not a County responsibility. In February, 2002, and September 2012, the former Director recommended that the subsidy be discontinued. Council did not accept the recommendation. Section 55 of The Municipal Act 2001 states that: 55. (1) An upper-tier municipality is not responsible for the construction and maintenance of sidewalks on its highways and the lower-tier municipality in which the highways are located is responsible for the construction and maintenance of the sidewalks and has jurisdiction over that part of the highway, unless the municipalities agree otherwise. REPORT #PW-32-2015 COUNTY SUBSIDY FOR LOCAL MUNICIPAL SIDEWA... Page 14 of 24 AGENDA ITEM # 9i) (2) A lower-tier municipality that is responsible for the construction and maintenance of the sidewalks on upper-tier highways is liable for any injury or damage arising from the construction or presence of the sidewalk to the same extent and subject to the same limitations to which a municipality is liable under section 44 in respect of a sidewalk on its own highway. (3) A lower-tier municipality may, with the agreement of the uppertier municipality, construct a sidewalk or other improvement or service on an upper-tier highway and the lower-tier municipality is liable for any injury or damage arising from the construction or presence of the sidewalk, improvement or service. 4. DISCUSSION Due to an Inflation Clause within the Intermunicipal Agreements, the current rate, for the 2015/2016 winter season, is now $2.51 per lineal metre. A summary of the subsidy payments at the 2015/2016 rate is at Appendix “A”. At a meeting of the County, Single Tier (and MTO) Rural Arterial/Collector Roads Managers of Eastern Ontario (Co.S.T. Roads East), the Director canvassed to determine how many others pay sidewalk subsidies. Lanark County is the only municipality, in Eastern Ontario, that has a Sidewalk Subsidy Program. Some Members, during the discussion at the Co.S.T. Roads East Meeting, raised the point of liability and responsibility. Could it be perceived, if a claim were initiated, that the County assumed some or all responsibility for winter sidewalk maintenance due to the County making subsidy payments? 5. ANALYSIS AND OPTIONS Two options are open: i) Option 1. Terminate the Subsidy Program effective January 1, 2016 (recommended). ii) Option 2. Do nothing (not recommended). The Director recommends Option 1, since the Municipal Act assigns responsibility for sidewalk maintenance to local municipalities. REPORT #PW-32-2015 COUNTY SUBSIDY FOR LOCAL MUNICIPAL SIDEWA... Page 15 of 24 AGENDA ITEM # 9i) 6. FINANCIAL IMPLICATIONS Termination of the Sidewalk Subsidy Program, effective January 1, 2016, to the three (3) eligible municipalities, would provide a $23,553.84 savings to the 2016 Winter Control Budget and remove any possibility for potential claims associated with sidewalk liability associated with winter maintenance. 7. LOCAL MUNICIPAL IMPACT If Council accepts the recommendation, included in this Report, the Town of Carleton Place, the Town of Mississippi Mills and Lanark Highlands Township will be notified in sufficient time to make the necessary adjustments to their 2016 Budgets. 8. CONCLUSIONS Termination of the Sidewalk Subsidy Program effective January 1, 2016, would allow the County to realize substantial savings in the 2016 Winter Control Budget and remove any possibility for claims associated to winter sidewalk maintenance. 9. ATTACHMENTS Appendix “A” - County Sidewalk Subsidy to Local Municipalities for Winter Maintenance. Recommended By: Janet Tysick Business Manager Approved for Submission By: Manager Approval By: Terry McCann Director of Public Works Kurt Greaves Chief Administrative Officer REPORT #PW-32-2015 COUNTY SUBSIDY FOR LOCAL MUNICIPAL SIDEWA... Page 16 of 24 AGENDA ITEM # 9i) APPENDIX “A” COUNTY SIDEWALK SUBSIDY TO LOCAL MUNICIPALITIES FOR WINTER MAINTENANCE WINTER 2015/2016 @ $2.51 PER LINEAL METRE LINEAL METRES OF SIDEWALK 0 2,793 2015/2016 SUBSIDY 0 $7,010.43 0 0 1,246 $3,127.46 Mississippi Mills 5,345 $13,415.95 Montague Perth Tay Valley TOTAL 0 0 0 9,384 0 0 0 $23,553.84 MUNICIPALITY Beckwith Carleton Place Drummond/North Elmsley Lanark Highlands REPORT #PW-32-2015 COUNTY SUBSIDY FOR LOCAL MUNICIPAL SIDEWA... COMMENTS County Road 7B County Road 511 County Roads 9, 16A, 20 and 29 Page 17 of 24 AGENDA ITEM # 9ii) THE COUNTY OF LANARK PUBLIC WORKS COMMITTEE September 23, 2015 Report # PW-33-2015 of the Director of Public Works INTERMUNICIPAL WINTER ROAD MAINTENANCE AGREEMENTS AMENDMENTS 1. STAFF RECOMMENDATIONS “THAT, it is recommended that the Intermunicipal Winter Road Maintenance Agreements be amended, for the below listed municipalities: i) ii) iii) iv) v) vi) vii) Montague - County use of Municipal Yard - $8,337.22; Beckwith – Winter Maintenance County Road 17 $13,826.30; Mississippi Mills – Winter Maintenance County Road 16A and County Road 17 - $12,569.28; Lanark Highlands – Termination of Existing Agreement; Carleton Place – Winter Maintenance County Road 7B – $16,759.04; Tay Valley – Termination of existing Agreement; and Town of Perth – Town use of Municipal Yard - $8,337.22. AND THAT, the Deputy Clerk prepares the necessary By-Law to authorize the execution of the amended Intermunicipal Winter Road Maintenance Agreements." 2. PURPOSE The purpose of this Report is to obtain Council’s authorization to amend the Intermunicipal Winter Road Maintenance Agreements with all local municipalities. 3. BACKGROUND Intermunicipal Winter Road Maintenance Agreements are in place with the local municipalities for the transferring and off-loading of winter maintenance and the Intermunicipal Winter Road Maintenance Agreements provide for either party to terminate or amend the Intermunicipal Winter Road Maintenance Agreements. REPORT #PW-33-2015 INTERMUNICIPAL WINTER ROAD MAINTENANCE AG... Page 18 of 24 AGENDA ITEM # 9ii) The Director has discussed the proposed amendments with local municipal staff. 4. DISCUSSION Due to route optimizations and service delivery methods, the amendments are required prior to the commencement of the 2015/2016 winter season. The County Insurer, Frank Cowan Company, has provided, through their Risk Management Centre of Excellence, an updated Indemnity Clause for Road Maintenance Agreements transferring off-loading of winter road maintenance to another municipality. All Agreements will be updated, even if service requirements have not changed, in order to include this Clause. On reviewing the existing Winter Road Maintenance Agreements, staff has determined that even if the Sidewalk Subsidy Program were to continue, it would be better suited to have a separate document for that purpose, to ensure that the Indemnity Clause and responsibilities are clearly identified. A summary of the service areas for each Intermunicipal Winter Road Maintenance Agreement is attached at Appendix "A". A sample Intermunicipal Winter Road Maintenance Agreement is attached at Appendix "B". 5. ANALYSIS AND OPTIONS Option 1. Amend the Intermunicipal Winter Road Maintenance Agreements to meet current requirements and reflect the termination of the sidewalk subsidy where applicable (recommended). Option 2. Do Nothing (not recommended). 6. FINANCIAL IMPLICATIONS The costs of the Intermunicipal Winter Road Maintenance Agreements are included in the Public Works winter control portion of the Operations Budget. The removal of the sidewalk subsidy, as per Report #PW-32-2015, will recognize savings effective 2016. REPORT #PW-33-2015 INTERMUNICIPAL WINTER ROAD MAINTENANCE AG... Page 19 of 24 AGENDA ITEM # 9ii) 7. LOCAL MUNICIPAL IMPACT Amendments to the Intermunicipal Winter Road Maintenance Agreements will formalize changes required for the 2015/2016 winter season and ensure both parties have clear terms to operate within. 8. CONCLUSIONS Amending all Intermunicipal Winter Road Maintenance Agreements is recommended by the Director, as they are required to effectively and efficiently conduct the 2015/2016 winter season activities as planned. 9. ATTACHMENTS Appendix "A" - A summary of the service areas for each Intermunicipal Winter Road Maintenance Agreement. Appendix "B" - A sample Intermunicipal Winter Road Maintenance Agreement. Recommended By: Janet Tysick Business Manager Approved for Submission By: Manager Approval By: Terry McCann Director of Public Works Kurt Greaves Chief Administrative Officer REPORT #PW-33-2015 INTERMUNICIPAL WINTER ROAD MAINTENANCE AG... Page 20 of 24 AGENDA ITEM # 9ii) Appendix "A" - Intermunicipal Winter Road Maintenance Agreements Amendments Summary Municipality Beckwith Carleton Place Drummond/North Elmsley Lanark Highlands Mississippi Mills Montague Perth Tay Valley Services Covered in Agreement Total Road KM County 2015/2016 Expense Winter Season or Total $$ Revenue County Road 17 (County Road 10 to 9th Line Beckwith) 7.20 Expense $ 13,826.30 County Road 7B 3.20 Expense $ 16,759.04 Not Applicable - N/A $ - Not Applicable County Road 16A and County Road 17 (County Road 16A to Carss Street) County use of Montague Municipal Yard/Material Storage Town use of County Municipal Yard/Material Storage - N/A $ - 2.40 Expense $ 12,569.28 - Expense $ 8,337.22 - Revenue $ 8,337.22 N/A $ Not Applicable REPORT #PW-33-2015 INTERMUNICIPAL WINTER ROAD MAINTENANCE AG... - Page 21 of 24 AGENDA ITEM # 9ii) PUBLIC WORKS DEPARTMENT WINTER ROAD MAINTENANCE AGREEMENT THIS AGREEMENT, made in duplicate, this ** day of ******, 20**. BETWEEN: THE CORPORATION OF THE COUNTY OF LANARK (hereinafter referred to as the “County”) AND THE ***NAME OF APPLICABILE MUNICIPALITY** (hereinafter referred to as the “****”) WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C 25, as amended, provides that the powers of a municipality shall be exercised by its council; AND WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c 25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; AND WHEREAS Subsection 3 of the said Section 5, provides that a municipal power, including a municipality’s capacity, rights, powers and privileges under Section 8, shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; NOW THEREFORE the “****” hereby agrees with the County as hereinafter set out: 1. The “****” shall provide “winter maintenance” services on those County Roads shown on the attached Schedule “A” and known as County Road #**. The “****” and the County hereby agrees that the “winter maintenance” services shall be provided as follows: (a) The “****” shall provide services, as outlined below, and the County shall pay for the said services in accordance with the following: Winter maintenance: $00,000.00 ($0,000.00 per km) for the road(s) shown in Schedule “A”. (b) The County will pay the “****” an equal amount, monthly, based on the rates provided in Paragraph 1(a). Said payment will occur on or about the 1st day of each month from November to April. (c) The services provided shall conform with Ontario Regulation 239/02, Minimum Maintenance Standards for Municipal Highways, and will be subject to inspection by the County to ensure conformance with this Regulation. Page 1 of 2 REPORT #PW-33-2015 INTERMUNICIPAL WINTER ROAD MAINTENANCE AG... Page 22 of 24 AGENDA ITEM # 9ii) PUBLIC WORKS DEPARTMENT 2. “Winter maintenance” shall include, snow plowing, snow removal, application of materials, as agreed by the County, and ice removal. 3. The “****” shall provide a Certificate of Liability Insurance, in the minimal amount of five million dollars ($5,000,000.00) and shall name the County as Additional Insured as it relates to the services provided under this Winter Road Maintenance Agreement. 4. The “****” agrees to defend, indemnify and save and hold harmless the County from all claims, lawsuits, losses, expenses and costs, or any other liability imposed by statute or common law in any way connected to or in any way arising out of any actual or alleged breach, default or neglect of duty in respect of the winter maintenance of the roads, highways, and other areas referred to in this Winter Road Maintenance Agreement as being the responsibility of “****” to maintain. 5. This Winter Road Maintenance Agreement shall be deemed to be in effect, immediately, and will remain in effect indefinitely. Either Party may terminate this Winter Road Maintenance Agreement or propose amendments thereto by giving the other municipality a minimum of ninety (90) days’ notice, in writing. 6. For the duration of the Winter Road Maintenance Agreement, the payment, for the services rendered, shall increase, annually, in accordance with the Consumer Price Index – Ontario (all-items), for the previous year ending. IN WITNESS WHEREOF the parties have hereunto affixed their Corporate Seals, as attested by their respective Officers, in that behalf. The Corporation of the “****” The Corporation of the County of Lanark ________________________ Mayor – “X” ________________________ Warden – Keith Kerr ________________________ Clerk – “X” ________________________ Clerk – Kurt Greaves Page 2 of 2 REPORT #PW-33-2015 INTERMUNICIPAL WINTER ROAD MAINTENANCE AG... Page 23 of 24 AGENDA ITEM # 13i) MEETING SCHEDULE – As at September 18, 2015 Meeting LCMTC Location Carleton Place Boardroom (PW Building) Time Date 9:00 a.m. Mon. Sept 21 County Council Economic Development Committee Public Works Committee Council Chambers 5:00 p.m. Wed. Sept 23 Forest Working Group PW Boardroom 2:30 p.m. Wed. Oct. 7 County Council Community Services Committee Corporate Services Committee Council Chambers 5:00 p.m. Wed. Oct. 7 EOTA Meeting Tweed 9:00 a.m. Thur. Oct. 15 LCMTC D/NE Boardroom 9:00 a.m. Mon. Oct. 19 Land Division Council Chambers 10:00 a.m. Tues. Oct. 20 LCHC Board Meeting LCHC Office 1:00 p.m. Tues. Oct. 20 County Council Economic Development Committee Public Works Committee Council Chambers 5:00 p.m. Wed. Oct. 21 Lanark County Emergency Exercise Council Chambers 9:00 a.m. Thur. Oct. 29 Special Corporate Services – Budget Council Chambers 9:00 a.m. Fri. Nov. 13 LCMTC D/NE Boardroom 9:00 a.m. Mon. Nov. 16 Land Division Council Chambers 10:00 a.m. Mon. Nov. 16 LCHC Board Meeting LCHC Office 1:00 p.m. Tue. Nov. 17 Forest Working Group PW Boardroom 2:30 p.m. Wed. Nov. 18 County Council Community Services Committee Corporate Services Committee Council Chambers 5:00 p.m. Wed. Nov. 18 Warden’s Banquet Stanleyville Hall 7:00 p.m. Fri. Nov. 20 County Council Economic Development Committee Public Works Committee Council Chambers 5:00 p.m. Wed. Nov. 25 Meeting Schedule Council and Clerk Services Assistant, Erica... Page 24 of 24
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