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18 - August 8, 2023 County Council Agenda Packaged/o zuiuull�lr, o,�fir D+ NA101 Elgin County Council Regular Council Meeting ORDERS OF THE DAY Tuesday, August 8, 2023, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON NOTE FOR MEMBERS OF THE PUBLIC: Please click the link below to watch the Council Meeting: https://www.facebook.com/ElginCountyAdmin/ Accessible formats available upon request. Pages 1. CALL TO ORDER 2. ADOPTION OF MINUTES 3 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS 5. COMMITTEE OF THE WHOLE 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 6.1 Warden Ketchabaw - Warden's Activity Report July 2023 0 6.2 Acting Manager of Planning - Township of Malahide Official Plan 11 Amendment No. 22, Part of Lot 21, Concession 3 South, Part 1 of Registered Plan 11 R-10194, Geographic Township of Malahide, 50896 Vienna Line 6.3 Acting Manager of Planning - Municipality of Bayham Official Plan 20 Amendment No. 33, Part of Lots 10 and 11, Concession 2 Municipality of Bayham, 55106 Vienna Line 6.4 Director of Legal Services - Addendum to Population, Housing and 28 Employment Forecasts and Associated Land Need Analysis 6.5 Manager of Corporate Facilities - Progress Update - Administration 31 Building -Accessibility Elevator Addition 6.6 General Counsel - County Roads Maintenance Agreement (2023) 35 6.7 Acting Director of Engineering Services - Road Maintenance Allocations 118 6.8 Director of Community and Cultural Services - Installation of Photographs 123 and Plaques in County Council Chambers and Entrance to Elgin County Administration Building 6.9 Director of Financial Services/Treasurer - 1 st Quarter Operating Financial 129 Report 7. COUNCIL CORRESPONDENCE 7.1 Items for Consideration 7.2 Items for Information (Consent Agenda) 7.2.1 Letter and 2023 Annual Report from Victorian Order of Nurses 132 for Canada (VON) Middlesex -Elgin 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.2 Notice of Motion 8.3 Matters of Urgency 9. CLOSED MEETING ITEMS 9.1 Closed Meeting Minutes - July 25, 2023 9.2 Director of Legal Services - Road User Agreement Negotiations (verbal) Municipal Act Section 239 (2) (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose; and (k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 10. MOTION TO RISE AND REPORT 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-35 146 13. ADJOURNMENT Page 2 of 146 e 'w' rr r . oy IVwmv ELGIN COUNTY COUNCIL MINUTES July 25, 2023, 9:00 a.m. Council Chambers 450 Sunset Drive St. Thomas ON Members Present: Warden Ed Ketchabaw Deputy Warden Grant Jones (virtual) Councillor Dominique Giguere Councillor Mark Widner Councillor Jack Couckuyt Councillor Andrew Sloan Councillor Todd Noble Councillor Mike Hentz Councillor Richard Leatham Staff Present: Don Shropshire, Chief Administrative Officer/Clerk Nicholas Loeb, Director of Legal Services Jenna Fentie, Manager of Administrative Services/Deputy Clerk Andrew Case, Solicitor Paul Hicks, Acting Manager of Planning (virtual) Stefanie Heide, Legislative Services Coordinator 1. CALL TO ORDER The meeting was called to order at 9.00 a.m. with Warden Ketchabaw in the chair. 2. ADOPTION OF MINUTES Moved by: Councillor Leatham Seconded by: Councillor Hentz RESOLVED THAT the minutes of the meeting held on July 11, 2023 be adopted. Motion Carried. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF I101rem 4. PRESENTING PETITIONS, PRESENTATIONS AND DELEGATIONS None. 5. COMMITTEE OF THE WHOLE Moved by: Councillor Noble Seconded by: Councillor Sloan RESOLVED THAT we do now move into the Committee of the Whole Council. Motion Carried. 6. REPORTS OF COUNCIL, OUTSIDE BOARDS AND STAFF 1 Page 3 of 146 6.1 Acting Manager of Planning - Town of Aylmer Official Plan Amendment No. 23, 34 Sydenham Street East, Aylmer The Acting Manager of Planning presented the report that provides County Council with the information required to make a decision on Official Plan Amendment No. 23 to the Town of Aylmer Official Plan. Moved by: Councillor Couckuyt Seconded by: Councillor Noble RESOLVED THAT the Council of the Corporation of the County of Elgin approve Official Plan Amendment No. 23 to the Official Plan of the Town of Aylmer; and THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. Motion Carried. 6.2 Manager of Administrative Services/Deputy Clerk - Approval of Fees and Charges 2023 The Manager of Administrative Services/Deputy Clerk presented the report recommending that County Council approve the changes to the County's fees and charges levied for administrative activities within each department to reflect cost recovery for material, activities, and services. The Warden asked that the By -Law be amended to reflect that the Electric Vehicle Charging Station Fee is to be moved from Engineering Services to Financial Services. Moved by: Councillor Widner Seconded by: Councillor Couckuyt RESOLVED THAT the report titled "Approval of Fees and Charges 2023" dated July 17, 2023 from the Manager of Administrative Services/Deputy Clerk be received and filed; and THAT the changes to fees and charges identified in "Schedule A" to the report titled "Approval of Fees and Charges 2023" dated July 17, 2023 are approved as amended and imposed to commence on July 25, 2023. Motion Carried. 6.3 Chief Administrative Officer/Clerk - Elgin Group Policing Agreement The Chief Administrative Officer/Clerk presented the report informing Council of the upcoming expiration date of the agreement with Ontario Provincial Police (OPP) and recommended that the report be sent to Elgin's local municipal partners for their consideration to approve the extension of the agreement for an additional two years. Moved by: Councillor Noble Seconded by: Councillor Sloan RESOLVED THAT the report titled "Elgin Group Policing Agreement" dated July 25, 2023 from the Chief Administrative Officer/Clerk be received and filed; and THAT the report be sent to the local Councils in Bayham, Malahide, Central Elgin, Southwold, Dutton Dunwich, and West Elgin for their consideration to approve the agreement for an additional two years. Motion Carried. 7. COUNCIL CORRESPONDENCE 2 Page 4 of 146 7.1 Items for Consideration 7.1.1 Municipality of Bayham with a letter requesting County Council's support for the Municipality of Bayham's application to the Disaster Mitigation and Adaptation Fund. Moved by: Councillor Hentz Seconded by: Councillor Leatham RESOLVED THAT the Deputy Warden be directed to write a letter of support for the Municipality of Bayham's application to the Disaster Mitigation and Adaptation Fund (DMAF) for the purposes of funding the replacement of storm water infrastructure in Port Burwell. Motion Carried. 7.1.2 Letter from Southwestern Public Health regarding the revised budget approval and municipal levy. Moved by: Councillor Couckuyt Seconded by: Councillor Hentz RESOLVED THAT the County remit payment of $15,313.50 per month beginning September 1, 2023 for a total of $61,254 to cover the County's portion of the additional levy as requested by the Southwestern Public Health Board of Health provided the County of Oxford and the City of St. Thomas agree to their respective levies; and THAT additional information be requested from the Board of Health regarding health indicator metrics to be shared with County Council. Motion Carried. 7.1.3 Letter from STEGH Foundation Interim Executive Director requesting to schedule a delegation to County Council on October 10, 2023 and inviting Councillors to a tour of the hospital's diagnostic imaging suite in September. Moved by: Councillor Leatham Seconded by: Councillor Noble RESOLVED THAT Council support the request from the St. Thomas Elgin General Hospital and the St. Thomas Elgin General Hospital Foundation to provide a delegation to Council on October 10, 2023; and THAT staff be directed to coordinate a tour for County Council of the STEGH Diagnostic Imaging Suite for September 2023. Motion Carried. 7.1.4 Letter from the Ministry of Natural Resources and Forestry regarding the Legacy Oil & Gas Wells Municipal Transfer Payment Program Moved by: Councillor Leatham Seconded by: Councillor Hentz RESOLVED THAT staff be directed to work with Elgin's local municipal partners to prepare a submission package to the Ministry of Natural Resources and Forestry Legacy Oil & Gas Wells Municipal Transfer Payment Program. Motion Carried. 3 Page 5 of 146 7.2 Items for Information (Consent Agenda) 7.2.1 Notice of Public Information Centre 1 and Study Design Report Review Period - Highway 4 Widening and Proposed Talbotville Bypass, Highway 3 Twinning Preliminary Design, Detail Design and Class Environmental Assessment Study Moved by: Councillor Noble Seconded by: Councillor Sloan RESOLVED THAT Correspondence Item #7.2.1 be received and filed. Motion Carried. 8. OTHER BUSINESS 8.1 Statements/Inquiries by Members 8.1.1 Warden Ketchabaw - Birthday Wishes The Warden wished Councillor Sloan a belated happy birthday. 8.2 Notice of Motion 8.3 Matters of Urgency 8.3.1 Councillor Widner -Additional Matter re Identifiable Individual Councillor Widner requested that Council consider an additional matter in closed session regarding an identifiable individual. Moved by: Councillor Widner Seconded by: Councillor Sloan RESOLVED THAT Council consider an additional item in closed session in accordance with Municipal Act Section 239 (2) (b) personal matters about an identifiable individual, including municipal or local board employees and (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose. Motion Carried. 9. CLOSED MEETING ITEMS Moved by: Councillor Noble Seconded by: Councillor Leatham RESOLVED THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss the following matters under Municipal Act Section 239 (2): Closed Meetina Item #1 - Closed Meetina Minutes - July 11. 2023 Closed Meeting Item #2 - Boundary Adjustment Matter (h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them Closed Meeting Item #3 -Additional Matter re Identifiable Individual (b) personal matters about an identifiable individual, including municipal or local board employees; and (f) advice that is subject to solicitor -client privilege, including communications necessary for that purpose. Motion Carried. 9.1 Closed Meeting Minutes - July 11, 2023 0 Page 6 of 146 9.2 Boundary Adjustment Matter 9.3 Additional Matter re Identifiable Individual 10. MOTION TO RISE AND REPORT Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT we do now rise and report. Motion Carried Closed Meeting Item #1 - Closed Meeting Minutes - July 11, 2023 Moved by: Councillor Noble Seconded by: Councillor Sloan RESOLVED THAT the Closed Meeting Minutes from the July 11, 2023 meeting be adopted. Motion Carried. Closed Meeting Item #2 - Boundary Adjustment Matter Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT the confidential report from Warden Ketchabaw be received for information. Motion Carried. Closed Meeting Item #3 -Additional Matter re Identifiable Individual Moved by: Councillor Hentz Seconded by: Councillor Giguere RESOLVED THAT no further action be taken. Motion Carried. 11. MOTION TO ADOPT RECOMMENDATIONS FROM THE COMMITTEE OF THE WHOLE Moved by: Councillor Sloan Seconded by: Councillor Noble RESOLVED THAT we do now adopt recommendations of the Committee of the Whole. Motion Carried. 12. CONSIDERATION OF BY-LAWS 12.1 By -Law No. 23-33 Fees and Charges BEING a By -Law to Provide a Schedule of Services and Activities Subject to Fees and Charges by the County of Elgin and to Repeal By -Law No. 22-26 as amended. The Deputy Clerk noted that the amendment would be moving the Electronic Vehicle Charger Fee from Engineering to Finance. Moved by: Councillor Sloan Seconded by: Councillor Leatham RESOLVED THAT By -Law No. 23-33 be now read a first, second, and third time and finally passed as amended. 5 Page 7 of 146 Motion Carried. 12.2 By -Law No. 23-34 Confirmation BEING a By -Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the July 25, 2023 Meeting. Moved by: Deputy Warden Jones Seconded by: Councillor Noble RESOLVED THAT By -Law No. 23-34 be now read a first, second, and third time and finally passed. Motion Carried. 13. ADJOURNMENT Moved by: Councillor Widner Seconded by: Councillor Sloan RESOLVED THAT we do now adjourn at 10.50 a.m. to meet again on August 8, 2023 at 9.00 a.m. Motion Carried. Don Shropshire, Chief Administrative Officer/Clerk. Ed Ketchabaw, Warden. 0 Page 8 of 146 Proglre,ssive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Ed Ketchabaw, Warden DATE: July 31, 2023 SUBJECT: Warden's Activity Report July 2023 THAT the report titled "Warden's Activity Report July 2023" dated July 31, 2023 from Warden Ketchabaw be received and filed. INTRODUCTION: The purpose of this report is to provide a high-level summary of the meetings and official functions I have attended during the month of July 2023. DISCUSSION: Events/Meetings Attended by Warden: July 2023: • County Council Meetings (July 11 and 25, 2023) • Aylmer Fair Truck and Tractor Pull (June 30, 2023) • Canada Day Celebrations o Southwold (June 30, 2023) o Port Burwell Parade (July 1, 2023) o Dutton Dunwich (July 1, 2023) o City of St. Thomas (July 1, 2023) • Minister Calandra Announcement at Terrace Lodge (July 4, 2023) • Facilitation Meeting # 3 with the City of St. Thomas, Municipality of Central Elgin and Paula Dill, Provincial Land and Development Facilitator (July 12, 2023) • Colours on the Beach, Port Stanley (July 15, 2023) • With CAO, attended meeting with MP Karen Vecchio (July 18, 2023) • Elgin County Drowning Prevention Awareness Week Flag Raising (July 19, 2023) • SCOR — Thames Centre, Dorchester (July 27, 2023) • Summer Party — Rodney (July 29, 2023) FINANCIAL IMPLICATIONS: Page 9 of 146 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. Elgin County continues to work with and find ways to collaborate with Elgin's municipal partners. COMMUNICATION REQUIREMENTS: None. CONCLUSION: It has been a busy first half of my term as Elgin County Warden, and I look forward to continuing to represent Elgin County Council and connecting with our residents and stakeholders through various events and meetings. All of which is Respectfully Submitted Warden Ed Ketchabaw K Page 10 of 146 oil uium of f Oil„ProgIressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning DATE: August 8, 2023 SUBJECT: Township of Malahide Official Plan Amendment No. 22, Part of Lot 21, Concession 3 South, Part 1 of Registered Plan 11 R-10194, Geographic Township of Malahide, 50896 Vienna Line Applicant: Strik Baldinelli Moniz Ltd. Municipality: Township of Malahide Owner: PH Engineering Solutions Inc. File No.: MA OPA 2-23 THAT the Council of the Corporation of the County of Elgin approves Official Plan Amendment No. 22 to the Official Plan of the Township of Malahide, File No. MA OPA 2- 23; and 2. THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. INTRODUCTION: The Council of the Township of Malahide has adopted an amendment to their official plan, known as Official Plan Amendment No.22 (OPA No.22) and they have subsequently forwarded the amendment to the County of Elgin for approval (see attachment). In accordance with Section 17 of the Planning Act, the Council of the County of Elgin, as "Approval Authority," is required to make a decision on the adopted amendment in which Council may approve, modify, or refuse to approve the amendment. If Elgin County fails to make a decision within 120 days after the amendment is received, any person or public body may appeal to the Ontario Land Tribunal. This report is intended to provide County Council with the information required to make a decision on the adopted amendment. DISCUSSION: PH Engineering Solutions is a control system design company that provides automation products and solutions to manufacturing companies. They are currently located in a former Township Fire Station that has been repurposed for the business and are seeking to expand their operation by enlarging the existing lot to the east by 2,945 m2 (0.7 acres) and constructing a new building. As the expansion lands to the east are currently designated `Agriculture' in both the County and Township Official Plans, an amendment to the Township's Official Plan is required. Section C2.9 of the County Official Plan permits such amendments, and states that a corresponding amendment to the County Official Plan is not necessarily required. Page 11 of 146 K OPA No. 22 was adopted by Township Council on June 15, 2023 (By-law No. 23-48). The purpose of the amendment is to re -designate the above -noted lands from `Agriculture' to `Specific Policy Area No. 14' to permit the lands to be used for "a business or professional office for performing engineering work in the automation and electrical fields including, but not limited to, testing, debugging drives, autonomous vehicles, control plans, and similar equipment." A concurrent zoning by-law amendment (ZBLA) was submitted to the Township to reflect the proposed changes in Township OP land use permissions and a severance application was submitted to the County for the expansion lands. It should be noted that a holding zone applies to the subject lands, which will require execution of a site plan agreement prior to being lifted. Matters of site plan control and zoning will be addressed at the Township level. The proposal has proceeded through the standard application process, including the preparation, review, and acceptance required technical studies and reports, as well as a technical circulation to statutory review agencies. A Public meeting required under the Planning Act was subsequently held prior to Township Council's adoption of OPA No. 22. No concerns were raised with respect to the supporting materials provided, and no objections to the proposal were received by the Township prior to making a decision. County staff have had the opportunity to review the proposal and associated materials against the requirements of the Planning Act, the Provincial Policy Statement, the County Official Plan, and Township of Malahide Official Plan, and are satisfied that the proposal meets all relevant requirements and is appropriate for the context of the subject lands. FINANCIAL IMPLICATIONS: There are no identified direct financial implications to the County with respect to the approval of the proposal. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Page 12 of 146 191 LOCAL MUNICIPAL PARTNER IMPACT: This amendment will directly impact the Township of Malahide. COMMUNICATION REQUIREMENTS: The Notice of Decision will be sent to the applicant, Township of Malahide and those prescribed under the Planning Act. CONCLUSION: Based on the above analysis it is recommended that County Council approve OPA No. 22 of the Official Plan of the Township of Malahide in its entirety, as the adopted amendment: • Is consistent with the Provincial Policy Statement; • Conforms to the County of Elgin, and Township of Malahide Official Plans; and • Constitutes good planning and is in the public interest. All of which is Respectfully Submitted: Reviewed & Approved for Submission: Paul Hicks Don Shropshire Acting Manager of Planning Chief Administrative Officer Page 13 of 146 ti,PTOWNSHIP'f IIALANIMM A proud tradition, a brightfuture. 1, Allison Adams, Clerk of the Township of Malahide, do hereby certify that attached is a true copy of the By-law No. 23-48, being a by-law to adopt Official Plan Amendment No. 22, as enacted by the Council of The Corporation of the Township of Malahide on the 15th day of June, 2023. Dated at the Township of Malahide on this 19th day of June, 2023 Allison Adams Page 14 of 146 AMENDMENT NO. 22 TO THE OFFICIAL PLAN OF THE TOWNSHIP OF MALAHIDE Subject: PH Engineering (c/o Moe Hajara) 50942 Vienna Line June 15, 2023 Page 15 of 146 CORPORATION OF THE TOWNSHIP OF MALAHIDE BY-LAW NO. 23-48 WHEREAS the Township of Malahide has an official plan that is in effect, adopted by Council on 16 August 2001 and approved by the Ministry of Municipal Affairs on 9 March 2003, and as subsequently amended; and WHEREAS the proposed amendment would be consistent with the Provincial Policy Statement; WHEREAS the intent of the Official Plan of the County of Elgin and the Official Plan of the Township of Malahide would be maintained; WHEREAS the Council of the Corporation of the Township of Malahide now deems it expedient to adopt the proposed amendment to the Official Plan of the Township of Malahide THEREFORE the Council of the Corporation of the Township of Malahide, in accordance with Section 17 of the Planning Act, R.S.O., 1990, as amended, hereby enacts as follows: THAT Amendment No. 22 to the Official Plan of the Township of Malahide, consisting of the attached explanatory text and schedules, is hereby adopted. 2. THAT this By-law shall come into force: a. a) Where no notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b. b) Where notice of objection has been filed with the Township's Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Land Tribunal. READ a FIRST and SECOND time this 15th day of June, 2023. READ a THIRD time and FINALLY PASSED this 15th day of June, 2023. Mayor — D. Giguer Clerk — A. Adams Page 16 of 146 PART A - THE PREAMBLE 1. PURPOSE The purpose of this Amendment is to re -designate the subject lands, being Part of Lot 21, Concession 3 South, Part 1 of Registered Plan 11 R-10194, in the geographic Township of Malahide, to Special Policy Area No. 14 to permit a business or professional office for performing engineering work in the automation and electrical fields including, but not limited to, testing, debugging drives, autonomous vehicles, control panels and similar equipment. 2. BASIS The Amendment to the Official Plan would be consistent with the policies of the Provincial Policy Statement 2020, County of Elgin Official Plan, and Township of Malahide Official Plan. The full basis for this Amendment has been set out in the Application and supplementary materials submitted in support of this Amendment. PART B - THE AMENDMENT All of this part of the Amendment entitled 'Part B - The Amendment', consisting of the following text, constitutes Amendment No. 22 to the Official Plan of the Township of Malahide. DETAILS OF THE AMENDMENT 1. Section 3.8 of the Official Plan of the Township of Malahide is hereby amended by adding the following: 3.8.14 Specific Policy Area No. 14 3.8.14.1 The lands situated on the north side of Vienna Line, east of Springfield Road (Elgin County Road 40), in Part 1 of Registered Plan 11 R-10194, in the geographic Township of Malahide, and designated "Specific Policy Area" on Schedule'A', may be used, developed and zoned for a business or professional office for performing engineering work in the automation and electrical fields including, but not limited to, testing, debugging drives, autonomous vehicles, control panels and similar equipment. A consent may be granted to permit the enlargement of lands occupied by PH Engineering Solutions Inc. where no new lot is created. The parcel so designated will be subject to an amendment to the Township's Zoning By- law and the holding ("H") symbol applied with its removal contingent upon a site plan agreement being entered into. The owner shall be responsible for ensuring that all studies deemed necessary to identify and mitigate any impacts arising from the commercial expansion are provided to the satisfaction of the Township. 3.8.14.2. No new lots will be created through the consent to sever process. 2. Schedule'A1', Land Use of the Official Plan of the Township of Malahide, is hereby amended by changing the designation as it applies to certain lands, being Part of Lot 21, Concession 3 South, Part 1 of Registered Plan 11 R-10194, in the geographic Township of Malahide from `Agriculture' to `Specific Policy Area No. 14' as shown on Schedule 'A' hereto. Page 17 of 146 PART C - THE APPENDICES The following appendices do not constitute part of Amendment No. 22 but are included as information supporting the amendment. Appendix I - Notice of Public Meeting Page 18 of 146 0 O uw u`_ 0 z cL to L�AND&TO,BE-RE-DESIGNATED 'SPECIAL,POL'ICY�AREA�14'� VIENNA LINE This is Schedule'A' to By-law No. 23-48 passed on the L5a''day of n,e..2023 kvvv-� MAYOR CLERK N .,TowNSN�+ Official Plan of theTownship of Malahide SCHEDULE'Al' Metres LAND U S E 0 5 10 20 Page 19 of 146 oil uium o f f INProgIressive by Nature RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Paul Hicks, Acting Manager of Planning DATE: August 8, 2023 SUBJECT: Municipality of Bayham Official Plan Amendment No. 33, Part of Lots 10 and 11, Concession 2 Municipality of Bayham, 55106 Vienna Line. Applicant: Civic Planning Solutions Municipality: Township of Bayham Owner: Lankhuijzen Farms Ltd. File No.: BA OPA 3-23 1. THAT the Council of the Corporation of the County of Elgin approves, Official Plan Amendment No. 33 to the Official Plan of the Municipality of Bayham; and 2. THAT staff be directed to provide notice of this decision in accordance with the requirements of the Planning Act. INTRODUCTION: The Council of the Municipality of Bayham has adopted an amendment to their official plan, known as Official Plan Amendment Number 33 (OPA No. 33) and they have subsequently forwarded the amendment to the County of Elgin for approval (see attached). In accordance with Section 17 of the Planning Act, the Council of the County of Elgin, as "Approval Authority," is required to make a decision on the adopted amendment in which Council may approve, modify, or refuse to approve the amendment. If Elgin County fails to make a decision within 120 days after the amendment is received, any person or public body may appeal to the Ontario Land Tribunal. This report is intended to provide County Council with the information required to make a decision on the adopted amendment. DISCUSSION: Provincial, County, and Bayham policy all permit severances to facilitate the disposal of surplus farm dwellings in the Agricultural designation (being the severance of a farm residence that has been rendered surplus because of the acquisition of additional farm parcels by a farming operation). While generally permitted, the Bayham Official Plan includes an additional policy requirement that the farming operation seeking to sever the surplus dwelling be located in Bayham. In this case the applicant's operations are based primarily in neighbouring Malahide Township. As such, the applicant is seeking a site -specific amendment to the Bayham Official Plan to exempt the applicant from this requirement of their Official Plan. Page 20 of 146 K The subject OPA proceeded through the standard application process, including the preparation, review, and acceptance required technical studies and reports, as well as a technical circulation to statutory review agencies. A Public meeting required under the Planning Act was subsequently held prior to Municipal Council's adoption of OPA No. 33 in May 2023. County staff have had the opportunity to review the proposal and associated materials against the requirements of the Planning Act, the Provincial Policy Statement, the County Official Plan, and Municipality of Bayham Official Plan, and are satisfied that the proposal meets all relevant requirements. FINANCIAL IMPLICATIONS: There are no identified direct financial implications to the County with respect to the approval of the proposal. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ❑ Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth. ❑ Fostering a healthy environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: This amendment will directly impact the Municipality of Bayham. COMMUNICATION REQUIREMENTS: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. The Notice of Decision will be sent to the applicant, Municipality of Bayham and those prescribed under the Planning Act. CONCLUSION: Based on the above analysis it is recommended that County Council approve, OPA No. 33 of the Official Plan of the Municipality of Bayham, as the modified amendment: • Is consistent with the Provincial Policy Statement; • Conforms to the County of Elgin, and Township of Bayham Official Plans; and Page 21 of 146 titutes good planning and is in the public interest. All of which is Respectfully Submitted Paul Hicks Acting Manager of Planning Approved for Submission Don Shropshire Chief Administrative Officer 191 Page 22 of 146 � l • [61tadult SUBJECT: Lankhuijzen Farms Ltd. 55106 Vienna Line The following text constitutes Amendment No. 33 to the Official Plan of ayham theMunicipalityo if."ffl1' 1 ) I , .� Page 23 of 146 11 ■ . . W AM THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2023-041, in accordance with Section 17 of the PLANNING ACT, on the 18th day of May 2023, MAYOR Page 24 of 146 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: THAT Amendment No. 33 to the Official Plan of the Municipality of Bayham is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 33 to the Official Plan of the Municipality of Bayham. v) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 18th day of May 2023. MAYOR Page 25 of 146 '4 1� ' ' :... • ll'. 1, PURPOSE The purpose of the Official Plan Amendment is to add a new site -specific sub -section to permit the severance of an existing dwelling made surplus through farm consolidation that does not conform to policy Section 2.1.7.1 which requires a dwelling to be owned by the farm operation within the Bayham municipal boundary. This would facilitate a future Consent application to sever the existing dwelling. The Official Plan Amendment will be applicable to lands known as Concession 2, Part of Lots 10 and 11 and known municipally as 55106 Vienna Line. The subject lands are characterized as a farmed parcel with a dwelling, bunkhouse, barn and garage, as well as several farm buildings to be removed. The subject lands are located on the north side of Vienna Line, east of Brown Road and west of Vienna. The property has lot frontage of 365.19 m (1,198 ft) and varying lot depth, with two existing driveway accesses to Vienna Line, one which could be devoted to the proposed severed residential lands and one devoted to the farm and supplementary farm dwelling. Surrounding uses are agricultural in all directions as well as a rural residential parcel across Vienna Line. The Provincial Policy Statement, 2020 and the Elgin County Official Plan permit surplus farm dwelling severances where appropriate and where new residential dwellings are prohibited, which in Bayham is accomplished by way of Conditions of the Consent to have the owners obtain Zoning By-law Amendment approval from the Municipality. The Bayham Official Plan only permits surplus farm dwelling severances where the farm operation owns a dwelling within the Municipality. The subject farm operation has a principal dwelling approximately 6.8 kilometres to the west within the Township of Malahide, therefore, the farm operation does have a local presence even though the principle dwelling is in Malahide, therefore, specifically permitting one surplus farm dwelling severance by way of new policy text section indicating the location of the lands and permission for the severance would be in conformity to the Official Plan. Page 26 of 146 a) Section 2.1.7 of the Official Plan of the Municipality of Bayham is hereby amended to add the following subsection 2.1.7.6 Notwithstanding Section 2.1.7.1, the dwelling located in Concession 2, Part of Lots 10 and 11 and known municipally as 55106 Vienna Line, and existing as of (month/year of approval), may be severed as a surplus farm dwelling, whereas the primary farm dwelling retained by the proponent farm operation, or a registered owner of the proponent farm operation is located within an adjacent municipality. Page 27 of 146 REPORT TO COUNTY COUNCIL lio, FROM: Nicholas Loeb, Director of Legal Services (Ill��nam DATE: August 1, 2023 PrOgressiv'e by Nature SUBJECT: Addendum to Population, Housing and Employment Forecasts and Associated Land Needs Analysis; RECOMMENDATIONS: 1. THAT Council for the Corporation of the County of Elgin receive this report entitled "Addendum to Population, Housing and Employment Forecasts and Associated Land Needs Analysis" dated August 1, 2023 and file it for information; 2. THAT Council for the Corporation of the County of Elgin approve an expenditure of $18,000.00 plus taxes and disbursements for Hemson Consulting Ltd. to provide an addendum to its final report dated November 23, 2022 titled Population, Housing and Employment Forecasts and Associated Land Needs Analysis as a single sourced proposal (the "Addendum"); 3. THAT Council for the Corporation of the County of Elgin authorize the Warden and CAO to execute any agreement or amending agreement necessary to give effect to the Addendum; INTRODUCTION: This Report to Council seeks authorization to expend approximately $18,000.00 plus disbursements and applicable taxes to single source an addendum to the Hemson Consulting Ltd. report entitled Population, Housing and Employment Forecasts and Associated Land Needs Analysis. The reason for staff seeking this authorization is to update the report following information that leads to significant projections for job and population growth that did not form part of the earlier Hemson report as it was completed before the information was available. Page 28 of 146 2 BACKGROUND AND DISCUSSION: As part of its Official Plan Review, the Corporation of the County of Elgin prepared a number of background studies to inform its Official Plan. One of those reports is the Population, Housing and Employment Forecasts and Associated Land Needs Analysis prepared by Hemson Consulting Ltd.. Since the final report was delivered to County Council, there have been significant strategic investment announcements by the federal and provincial levels of government regarding the Volkswagen industrial site and associated industrial development. The announcement has included significant projections for population growth in the area arising out of the potential job creation at both the Volkswagen plant and related industry. It is the recommendation of County staff and its planning consultants that the Population, Housing and Employment Forecasts and Associated Land Needs Analysis be updated to include projections associated with the proposed industrial development to ensure that the Official Plan Review has regard to all relevant information. County Council authorization is required for this addendum as the earlier contract entered into with Hemson Consulting Ltd. did not include a provision for follow-on work. The single sourcing of this follow-on work is permitted by section 4.7(c) of the Policy for the Procurement of Goods and Services, as there is both (i) a need for compatibility with the service previously acquired; and, (ii) the service is similar to the service that was supplied under the recent contract. FINANCIAL IMPLICATIONS: The cost of the additional work is $18,000.00 plus applicable taxes and disbursements and will be allocated to the Official Plan Review project budget. Page 29 of 146 ALIUNiwtN I WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: Growing Elgin ® Planning for and facilitating commercial, industrial, residential, and agricultural growth ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None. COMMUNICATION REQUIREMENTS: None. CONCLUSION: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. County staff seek authorization to update the background information that informs the Official Plan Review to ensure that the Official Plan has regard to the relevant information regarding projected industrial growth in the region. All of which is Respectfully Submitted Nicholas Loeb Director of Legal Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk 3 Page 30 of 146 E191,11, RECOMMENDATIONS: REPORT TO COUNTY COUNCIL FROM: Ryan Terpstra, Manager of Corporate Facilities Peter Dutchak, Acting Director, Engineering Services DATE: July 24, 2023 SUBJECT: Progress Update -Administration Building —Accessibility Elevator Addition THAT the July 24, 2023, report titled, "Progress Update - Administration Building Accessibility Elevator Addition", submitted by Ryan Terpstra, Manager of Corporate Facilities, be received and filed for information. INTRODUCTION: The County Administration Building is in the midst of its largest renovation since the County began occupancy in 1985. Constructed in 1938, the existing elevators are nearing the end of their useful life and first floor elevation changes create accessibility challenges. In 2022, County Council awarded a renovation project at the Administration Building to construct new elevator additions to address these issues. The purpose of this report is to provide Council with an update on the status of the Administration Building - Elevator Addition progress achieved to date. BACKGROUND AND DISCUSSION: The County Administration Building is undergoing a significant renovation to construct new elevators to ensure the facility is accessible to staff, ratepayers, tenants and clients. The project scope also included accessible washrooms in the basement, a renovated kitchen area and a new lift to accommodate loading dock deliveries. The project was awarded to Elgin Construction November 16t", 2022. The project was scheduled to commence on January 17t" 2023 and had an anticipated completion date of October 2023. Since January 2023 a number of project activities have been completed and include: • New publicly accessible washrooms on the basement level • Removal of exterior brick and building materials Page 31 of 146 2 construction of elevator tounaations ana snatts • Window installations and exterior glazing is currently being completed The project costs remain within the budget allocation; however a number of project delays have occurred that have extended the anticipated completion date. Project delays can be attributed to the following: • 14 weeks delayed start due to winter weather conditions • 8 weeks delay due to a concrete workers union labour dispute • 6 weeks delay due to additional brick/material removals not anticipated • 3 weeks delay due to sub -contractor labour and material shortages These delays while unfortunate are deemed to be outside of the contractor's control and therefore accepted under clause 6.5.3 of the executed CCDC 2, Stipulated Price Contract language. The County's architectural consultant (L360) has worked with the contractor to develop a new project completion date of May 2024. The north elevator and basement kitchen renovation are scheduled to be commissioned by November 2023. Photos below depict ongoing construction and the architectural conceptual design. Page 32 of 146 3 rnoios Deiow of the completed basement accessible and barrier free public washrooms. FINANCIAL IMPLICATIONS: The project remains within the approved allocation. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ® Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth. ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The County's Administration Building services local municipal partners, building tenants, residents, tourists and visitors and therefore must be safe and accessible for all users. The new elevators will address significant challenges associated with the original Page 33 of 146 0 k,ounty Haministration Building design, and achieve the standards and mandates outlined in the Accessibility for Ontarians with Disabilities Act's (AODA). COMMUNICATION REQUIREMENTS: Council, staff and administrative building tenants have been advised of the project and are provided construction progress updates throughout the duration of construction, including advance notice of any facility access or temporary service disruptions. CONCLUSION: The County of Elgin's Administration Building is 85 years old and is undergoing a major renovation to ensure it continues to serve the County and all of its stakeholders. Significant progress has been made with the project, however delays due to weather conditions and labour disputes have occurred that have revised the completion date to May 2024. All of which is Respectfully Submitted Ryan Terpstra Manager of Corporate Facilities Peter Dutchak Acting Director, Engineering Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk Page 34 of 146 REPORT TO COUNTY COUNCIL AW� FROM: r l a Prue,ressive by Nature DATE: RECOMMENDATIONS: It is recommended that: Stephen Gibson, General Counsel Nicholas Loeb, Director of Legal Services July 27, 2023 SUBJECT: County Roads Maintenance Agreement (2023) the within Report to Council, dated July 27, 2023, and entitled "County Roads Maintenance Agreement (2023)", be received and filed; 2. County Council approve the County Roads Maintenance Agreement attached hereto as Schedule "A" as the format for a new County Roads Maintenance Agreements with Elgin's Local Municipal Partners; 3. County Council direct staff to prepare and present draft County Roads Maintenance Agreements based upon the said approved format to each of Elgin's Local Municipal Partners; and, 4. County Council authorize the Warden and Chief Administrative Officer to execute all County Road Maintenance Agreements prepared and presented in accordance with Recommendation 3 above on behalf of the Corporation of the County of Elgin. INTRODUCTION: The purpose of this Report is to inform County Council of the consensus reached with its Local Municipal Partners as to the form and content of a new County Roads Maintenance Agreement and, thereafter, both to direct staff to prepare and present Agreements of such form and content to each Local Municipal Partner and authorize execution of such Agreements by the Warden and Chief Administrative Officer on behalf of the County. Page 35 of 146 2 t AUKUKUUND AND DISCUSSION: Background By ministerial Order made at the time of municipal restructuring/amalgamation as at January 1, 1998, the constituent lower tier municipalities in Elgin County became obliged to maintain roads and related infrastructure under the jurisdiction and ownership of Elgin County. Through calendar year 2012, the terms of such maintenance relationship were incorporated within a short, summary -style agreement which was found to inadequately detail respective rights, obligations, and operational processes. Effective as of January 1, 2013, a comprehensive roads maintenance agreement was developed to better express the details of the road maintenance relationship, including and in particular under a statement of Services to be performed by the Local Municipal Partners. A further iteration of the comprehensive agreement, addressing a number of operational and administrative concerns raised by the Local Municipal Partners, was prepared and signed as of January 1, 2018, for the five year period ending December 31, 2022. During calendar years 2021 and 2022, Elgin County retained StrategyCorp as a consultant to lead discussions amongst representatives of the County and Local Municipal Partners to address areas of concern identified by the LMPs. StrategyCorp prepared a report detailing its findings and conclusions in respect of such issues and concerns as well as recommendations for addressing these matters within a new County Roads Maintenance Agreement to become effective on January 1, 2023. County Council previously approved such report, adopted its recommendations, and directed staff to prepare an agreement format to reflect same. Over the past twelve months, with input from Engineering Services and direction from the former General Manager — Engineering, Planning, and Enterprise, Elgin Legal Services has developed an Agreement format in keeping with the report and recommendations of StrategyCorp. To the extent possible, wording suggested by StrategyCorp has been incorporated. Representatives of the Elgin Local Municipal Partners have indicated that the final version of the Agreement format is acceptable. Discussion A copy of the consensus draft of the County Roads Maintenance Agreement format is attached as Schedule "A" to this Report to Council. Attached as Schedule "B1" to this Report to Council is a comparison showing the text of the 2018-2022 Roads Maintenance Agreement to the proposed 2023-2027 Roads Maintenance Agreement, for ease of reference. Attached as Schedule "B2" to this Report to Council is a comparison of the 2018-2022 Roads Maintenance Agreement Page 36 of 146 3 bcope or bervices to the 2023-2027 Roads Maintenance Agreement Scope of Services, also for ease of reference. These two Schedules show the vast majority of the changes between the two documents, with the other attachments to the Agreement being revised formatting for reporting and wholly new inclusions such as the governance and operational committee terms of reference. From the perspective of Elgin Legal Services, the most significant elements or aspects of the now -proposed County Roads Maintenance Agreement format include the following: 1. Inclusion of a statement of Guiding Principles, to be utilized for contract interpretation and implementation (Section 1.1). 2. Five -Year Term, commencing as of January 1, 2023, and expiring on December 31, 2027 (Section 3.2) 3. Repair/Maintenance responsibilities extended expressly to include culvert and drainage facilities as well as County Roads, Road Allowances, and Bridges (Section 4.1). 4. Elgin reserves the discretion to assign performance of additional services (being services not specified in the Schedule "C" Scope of Services) to contractors other than the Local Municipal Partner — as reflected in the wording of the Agreement, such additional services may be, but are not required to be, offered to the Local Municipal Partner for completion (Section 4.5). 5. Repair/Maintenance Services are to be performed to any applicable standard in the then current Minimum Maintenance Standards established by Province of Ontario. If the relevant Service has no standard in the Minimum Maintenance Standards, the applicable standard for performance is as specified in the Schedule "C" Scope of Services (Sections 4.6 / 4.11). 6. The annual road maintenance allocation for calendar year 2023 is specified for each Local Municipal Partner in its Agreement (Section 5.1) with monthly payments calculated and listed in Schedule "E" to each Agreement. 7. Monthly invoicing, quarterly and annual reporting requirements by the Local Municipal Partners have been revised in keeping with the recommendations of StrategyCorp (Sections 5.1 / 5.2) 8. Inclusion of guiding principles for preparation and delivery of service invoices and reports in keeping with recommendations of StrategyCorp (Section 5.4). 9. Requirement for quarterly joint inspections and inspection reports have been continued as supplemental to monthly inspections by the Local Municipal Page 37 of 146 0 rartners but the requirement for monthly reporting of inspections to Elgin has been deleted (sections 8.1 to 8.4). 10. Establishment of Operations and Governance Committees as recommended by StrategyCorp (Section 13 / Schedules "J-1" and "J-2"). 11. Inclusion of detailed listing and depiction of all County Roads, Bridges, Culverts, and Drainage Facilities to which Agreement applies (Schedules "A" and "B"). 12. Inclusion of expanded and more detailed description of all maintenance and repair services to be performed by the Local Municipal Partner pursuant to the Agreement (Schedule "C" Scope of Services). The wording in Schedule "C" involved the most detailed review and most significant revision to address operational concerns raised by the Local Municipal Partners. 13. Inclusion of detailed formats for Monthly Invoices (Schedule "D"), Quarterly Road Works Report (Municipality to County) (Schedule "F"), Year End Financial Statement (Schedule "G"), and Quarterly Inspection Report (County to Municipality) (Schedule "I"). The attached Agreement format, and the consensus in relation thereto, represents the culmination of extensive effort and cooperation among staff and senior administration of Elgin County and all Local Municipal Partners. FINANCIAL IMPLICATIONS: The revised form of Agreement does not have any financial impact. Rather, as reflected in the associated Report to Council from the Director of Engineering Services, the annual cost of maintenance and repair of County Roads infrastructure pursuant to the proposed County Roads Maintenance Agreement is one of the most significant expenditures for Elgin County. The annual cost for calendar year 2023 is set at approximately $3,745,000.00, without accounting for the cost of additional services. It is noted that the amount of base allocations will be adjusted annually in accordance with the Consumer Price Index or Ontario (All Goods) over the Term of the proposed Agreement. Page 38 of 146 5 ALIUNMLN I WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: None Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth ® Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ® Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. The obligation for performance of maintenance/repair of County road infrastructure, including the associated commitment of local resources, and payment for services provided to fulfil such obligations are presumed to represent matters of impact to all Local Municipal Partners. COMMUNICATION REQUIREMENTS: Staff will provide a copy of the approved format to each Local Municipal Partner for their respective Council consideration. CONCLUSION: For the reasons set forth in this Report, Elgin staff recommends approval of the consensus format for the County Roads Maintenance Agreement and direction to prepare and deliver a customized version of such Agreement to each Local Municipal Partner for consideration and approval by local Municipal Councils. To facilitate execution of such contemplated Agreements on behalf of the Corporation of the County of Elgin, Elgin Legal services also seeks authorization for execution of each specific Agreement by the Warden and Chief Administrative Officer. Page 39 of 146 All of which is Respectfully Submitted Stephen Gibson, General Counsel Nicholas Loeb, Director of Legal Services Approved for Submission Don Shropshire Chief Administrative Officer 0 Page 40 of 146 Schedule "A" COUNTY ROADS MAINTENANCE AGREEMENT THIS AGREEMENT made effective, in quadruplicate, as of the 1st day of January, 2023. Between: CORPORATION OF THE COUNTY OF ELGIN (hereinafter called the "County") OF THE FIRST PART — and — NAME OF MUNICIPALITY (hereinafter called the "Municipality") OF THE SECOND PART WHEREAS: a) The County has, by by-law, established certain roads or public highways located within its boundaries and, further thereto, incorporated such roads, highways, and related bridge facilities into its arterial road system; b) The Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter the "Municipal Act"), permits a municipality to enter into agreements for the joint management and operation of, among other things, a road system; c) By Order made by Allan Leach, Minister of Municipal Affairs and Housing on May 15, 1997 and effective January 1, 1998, the responsibility for among other things, maintenance of the County road system was transferred from the County to lower -tier municipalities; d) The County and the Municipality as identified above have reached agreement as to the terms by which the Municipality shall undertake such maintenance responsibilities in respect of roads, highways, and related bridge, culvert, and drainage facilities incorporated in the County road system and which are located within the boundaries of the Municipality; NOW THEREFORE this Agreement witnesseth that, in consideration of the mutual covenants herein contained and upon the terms and conditions expressed herein, the parties hereto agree with each other and their respective administrators, successors, and assigns as follows: 1.0 General Guiding Principles 1.1 For purposes of interpretation and implementation of the provisions of this Agreement, the parties hereto agree that the guiding principles of such provisions include but are not necessarily limited to the following- 0 The Municipality shall deliver the Services contemplated by this Agreement to the standards outlined herein, including, when and where applicable, to the then current minimum maintenance standards as established by the Province of Ontario, currently as prescribed in O.Reg. 239/02, as amended, entitled "Minimum Maintenance Standards for Municipal Highways" as may be further amended, updated, and/or replaced. Page 41 of 146 (n) The Municipality shall deliver the Services contemplated by this Agreement to the applicable standards as outlined herein, irrespective of annual operating cost fluctuations. @i) The Municipality shall have the discretion and flexibility to perform the Services contemplated by this Agreement utilizing any service delivery method or methods it chooses, so long as the standards outlined herein are satisfied. (v) The annual compensation payable to the Municipality as contemplated by this Agreement is intended to provide fair, reasonable, and sufficient payment for the anticipated average costs of road maintenance and repair Services to be delivered by the Municipality during an average calendar year. (v) The Municipality will be entitled to receive the full amount of annual compensation as contemplated by this Agreement, irrespective of annual operating cost fluctuations. (vm) In its discretion, the Municipality shall have and exercise financial control over annual compensation contemplated by and received under this Agreement, including the ability to appropriate all or any part of such compensation to municipal operations and/or resources as it chooses or deems reasonable. Schedules 1.2 The following schedules are attached to and shall form part of this Agreement- 0 Schedule "A" referred to as a detailed description of roads and bridge/culvert/drainage facilities for which maintenance/repair services are required in the Municipality; (n) Schedule "B" referred to as a sketch identifying location of relevant County roads and bridge/culvert/drainage facilities in the Municipality; (m) Schedule "C, referred to as Scope of Services; (v) Schedule "D" referred to as Monthly Invoice Format; (v) Schedule "E" referred to as Payment Schedule; (vm) Schedule "F" referred to as Quarterly Road Works Report (Municipality to County) Format; (vit) Schedule "G" referred to as Year -End Financial Statement (Municipality to County) Format; (viii) Schedule "H" referred to as the Winter Road Salt Use and Winter Control Operations Questionnaire Format; (x) Schedule 'T referred to as Quarterly Inspection Report (County to Municipality) Format; (x) Schedule "J-1" referred to as Terms of Reference - Operations Committee; and, (xi) Schedule "J-2" referred to as Terms of Reference - Governance Committee. For purposes of clarity and with respect to Schedule "C" (including the appendix thereto) above, it is agreed and acknowledged that the obligations, duties, requirements, and standards hereunder must be read and interpreted in conjunction with the complete text of this Agreement, including but not limited to s. 1.1 above as well as established principles of contract interpretation. Page 42 of 146 2.0 Definitions 2.1 For purposes of this Agreement, 2.1.1 "Road", "County Road", or "Road Allowance" shall have identical meaning and shall include that area of land comprising and recognized as a public road allowance at law, including but not limited to the travelled and untravelled portions of any road, highway, street or public right-of- way. 2.1.2 "County Superintendent" shall mean the Director of Engineering Services for the County of Elgin or his or her designate or designates. "Municipal Superintendent" shall mean the Manager of Public Works for the Municipality or his or her designate or designates. 3.0 Term 3.1 The parties agree that this Agreement shall come into effect as of the 1 st day of January, 20XX, which date shall hereinafter be referred to as the "Commencement Date". 3.2 This Agreement shall commence on the Commencement Date and shall continue until the 31st day of December, 20XX (the "Term") at which time it shall terminate; provided that the parties, by written Agreement executed prior to December 31, 20XX, may extend the Term hereof for a further five (5) year period, commencing on the 1st day of January, 20XX, and ending on the 31st day of December, 20XX. 4.0 Maintenance/Repair Services 4.1 The Municipality hereby agrees to maintain and keep in repair those Road Allowances and bridge/culvert/drainage facilities, as identified on Schedule "A" and "B" hereto. 4.2 For purposes of clarity, attached as Schedule "B" to this Agreement is a sketch generally identifying the Roads and bridge/culvert/drainage facilities which are the subject of this Agreement and the maintenance and repair obligations set forth in clause 4.1 above. In the event of a conflict between the provisions of Schedules "A" and "B" hereto, the provisions of Schedule "A" shall prevail. 4.3 For purposes of clarity, 4.3.1 where a County Road intersects a road owned by or otherwise under the jurisdiction of the Municipality, the continuation of the County Road to its full width across the road so intersected is considered part of the County Road. 4.32 where a County Road intersects a Provincial Highway owned or otherwise under the jurisdiction of the Province of Ontario and/or the Ministry of Transportation - Ontario, the continuation of the said Provincial Highway to its full width across the County Road so intersected is deemed to be part of the Provincial Highway and not part of the County Road and, as such, is not subject to the obligations set forth in this Agreement. 4.4 Subject to s. 4.10 below, the Municipality covenants to perform maintenance/repair services upon those Road Allowances and bridge/culvert/drainage facilities identified in Schedules "A" and "B" hereto, at all times utilizing competent supervisors and workers properly trained in the delivery of road maintenance and repair services as contemplated by this Agreement. The maintenance/repair services to be provided by the Municipality and the standards to which such Services are to be provided are Page 43 of 146 as identified and/or contemplated by the Scope of Services as attached as Schedule "C" hereto, which Schedule further includes photocopies of relevant Elgin County maintenance/repair policies as reflecting upon performance of those Services. 4.5 Road maintenance/repair services in addition to the Scope of Services identified in Schedule "C" may be performed by the Municipality by mutual agreement between the Municipal Superintendent and the County Superintendent. In the event that additional services beyond those provided for in Schedule "C" to this Agreement or otherwise at law, are required by the County, the County Superintendent may, but is not required to, identify such services to the Municipal Superintendent and the Municipality, through the Municipal Superintendent, and the Municipality, through the Municipal Superintendent, shall have the option of either seeking to perform such work or declining to perform such work. In the event that the Municipality seeks to perform such work and save and except in the case of an emergency as determined by the County Superintendent in his unfettered discretion, the County Superintendent, or his designate, shall deliver a written scope of intended additional services to the Municipality by the Municipal Superintendent. If the Municipality thereafter seeks to perform such services, the Municipal Superintendent shall prepare and deliver a written cost estimate to the County Superintendent, who shall have the option of either accepting the said cost estimate or rejecting such estimate, in which former case, the accepted estimate shall constitute the mutual agreement for such additional services between the parties as referred to above. In the event that the Municipality, in the first instance, rejects the opportunity to seek to perform such additional services or the County, in the second instance, rejects the written estimate prepared and delivered by the Municipal Superintendent, then in either such instances, the County shall be at liberty to arrange for the additional services to be performed by a third party contractor other than the Municipality. Without limiting the generality of the foregoing, in the case of an emergency as determined by the County Superintendent and without restricting the authority of the County Superintendent to retain a third party contractor to perform the required work, the requirement for delivery of a written scope of intended additional services is waived and the County Superintendent and the Municipal Superintendent may agree that the Municipality shall perform such additional services as is required to address the said emergency, under which agreement the said additional services may be costed and invoiced by the Municipality to the County on a time and materials basis, with administrative surcharge(s) not exceeding five percent (5%) of the cost of such services prior to accrual of taxes; provided at all times that, prior to performance of any such additional services, the terms of such arrangement, including but not limited to costing and invoicing on a time and materials basis, must be confirmed in writing, including by exchange of email, between the County Superintendent and Municipal Superintendent. In those circumstances in which additional maintenance/repair services are completed by a third party contractor, the County shall take all reasonable steps to ensure that such Works are at all times rendered by workers properly trained in the delivery of road maintenance and repair services as contemplated by this Agreement and otherwise overseen by competent supervisors and, furthermore and at all times, that such Works shall satisfy any and all applicable provincial and/or Municipality standards, whichever is higher. In those circumstances in which such additional maintenance/repair services are completed by the Municipality and the Municipal Superintendent is of the opinion that certain road maintenance/repairs are of an emergency nature and that such notice to the County Superintendent is not practical and, as such, the Municipal Superintendent shall have the right to arrange for and complete those emergency services and shall thereafter notify the County Superintendent within the next working day of the services so provided. Page 44 of 146 The Municipality shall prepare and deliver an invoice to the County for such additional maintenance/repair services, including any such emergency services, in accordance with paragraph 5.2 below and the County shall pay such invoice in accordance with paragraph 5.3 below. 4.6 With respect to standards to which the Scope of Services set forth in Schedule "C" to this Agreement are to be performed, the parties hereto acknowledge and/or agree as follows: 4.6.1 As and where applicable and unless otherwise indicated, the parties agree to the application of the regulatory standard to the associated maintenance or repair Service as specified within the then current Minimum Maintenance Standards established by the Province of Ontario by Regulation passed pursuant to the Municipal Act. In the event of any change to an applicable regulatory standard(s) by the Province of Ontario, the County Superintendent and Municipal Superintendent shall review such revised standard(s) in relation to the Scope of Services to determine whether the said standards as revised by the Province of Ontario are greater than or less than any applicable requirement(s) of the Scope of Services. In this regard and in the event that the Province of Ontario has revised a standard(s) that is(are) higher than that applicable to or contemplated by the associated maintenance or repair Service(s), then the parties shall adopt those higher performance standards and, if necessary, present to County Council and Municipal Council any amendments required to this Agreement. 4.62 The standards for maintenance and/or repair Service(s) not specified within the Minimum Maintenance Standards are to be performed to the standard referenced in Schedule "C" hereto, including but not necessarily limited to an associated policy referenced and/or attached thereto. Any change in such standard requires the consent of both parties hereto and a formal written amendment hereto pursuant to s.15.3 herein. 4.7 The County Superintendent and the Municipal Superintendent shall each advise the other of repair and construction works that are scheduled along both County Roads and intersecting Municipal Roads on an annual basis to permit the Municipality the opportunity to arrange its work schedule in anticipation of those works upon any County Road. The County Superintendent shall also provide to the Municipality, for information purposes only and immediately upon granting of such permits or approvals, copies of any written permits or approvals which are granted to third parties by the County Superintendent in respect of work upon or use of any County Road Allowance. 4.8 Without limiting the maintenance obligation of the Municipality as set forth above or herein, the parties acknowledge and agree that the Municipality shall not be called upon to maintain and/or repair a County Road, bridge/culvert/drainage facility or highway bridge/overpass pursuant to this Agreement where such County Road, bridge/culvert/drainage facility or highway bridge/overpass has been constructed and/or reconstructed by the County or a subcontractor retained by the County to a condition which would fail to meet established County standards for such County Road, bridge/culvert/drainage facility or highway bridge/overpass or contract requirements for such construction and/or reconstruction; provided that the Municipality shall be obliged to so maintain and/or repair any such County Road, bridge/culvert/drainage facility or highway bridge/overpass pursuant to this Agreement at all times after such infrastructure has been remediated to a condition to meet established County standards for such County Road, bridge/culvert/drainage facility or highway bridge/overpass or contract requirements for such initial construction and/or reconstruction. 4.9 Further to those maintenance obligations referred to above, the Municipality also agrees to provide routine winter maintenance, including but not Page 45 of 146 necessarily limited to snow removal and sanding, of highway bridges and overpasses not owned by the County but connecting at least to portions of County Roads. The parties acknowledge that such highway bridges and overpasses are identified in Schedules "A" and "B" to this Agreement and that such facility shall be maintained in accordance with the Scope of Services for Elgin Road System attached as Schedule "C" to this Agreement. 4.10 Notwithstanding that set forth in s.4.4 above but at all times subject to the dispute resolution process detailed in s. 12 below, the parties further agree that in the event of a dispute as to the interpretation of the Scope of Services prescribed by the County for the Elgin Road System, the decision of the County Superintendent, acting reasonably, shall prevail. 4.11 The County and the Municipality, as the case may be and in respect of the various obligations, acknowledgements, and agreements set forth in this s. 4 above, further acknowledge and agree as follows: 4.11.1 Without limiting the generality of that set forth above but subject to the review and adoption process provided for in s. 4.6 above, the Municipality hereby specifically acknowledges and agrees that, unless otherwise indicated, the maintenance and/or repair works undertaken upon County Roads, bridge/culvert/drainage facilities and/or highway bridge/overpass pursuant to this Agreement shall at all times and in all ways satisfy the then current standards established by the Province of Ontario pursuant to the Municipal Act, and/or any Regulations passed thereunder, including but not limited to those standards established and known municipally as Minimum Maintenance Standards. The Municipality hereby further acknowledges and agrees that its road maintenance/repair practices are of a nature and of a quality to satisfy all applicable statutory and/or regulatory obligations or standards for maintenance or repair a highway or associated facilities. 4.11.2 The County hereby specifically acknowledges and agrees that, in arranging for completion of works upon any County Road, bridge/culvert facility, and/or highway bridge/overpass, including the construction or reconstruction thereof, by a third -party contractor, (a) it shall use its best efforts to ensure that such works, by design and upon completion and acceptance, shall satisfy all applicable provincial and/or municipal standards for such construction and/or reconstruction; (b) it shall utilize appropriate contract documents to satisfy the commitment set forth in subsection (a) above; (c) it shall use its best efforts to provide timely notification to the Municipality, by the Municipal Superintendent, of the anticipated timing and detail of such works to be performed by a third party contractor upon any County Road, bridge / culvert facility, and/or highway bridge/overpass to which this Agreement applies; (d) in circumstances in which deficiencies in the said works are discovered, it shall use its best efforts to seek correction of such deficiencies by the involved contractor, including through reliance upon any warranty provided by such contractor; provided that the County shall at all times have the discretion to choose not toseek correction of such deficiencies by such contractor or in reliance upon such warranty but to seek correction by any other contractor or through any other arrangement. (e) during any period of time to which a specific warranty from a third - party contractor who completed Works upon any County Road, bridge/culvert/drainage facility, and/or highway bridge/overpass Page 46 of 146 shall apply, the Municipality shall not be required to perform maintenance/repair services as contemplated by this Agreement to improve the condition of such Works to meet any applicable provincial and/or municipal standard prior to such Works being accepted by the County; provided that it is otherwise understood that the Municipality may be required to perform maintenance/repair services in relation to such Works as contemplated by this Agreement in circumstances in which the applicable standard had been previously achieved as of the date of acceptance of the Works by the County but that, by use or otherwise, such maintenance/repair services are then required to again achieve such standard; (f) it shall use its best efforts to provide timely notification to the Municipality, by the Municipal Superintendent, of both satisfactory performance and completion of works by such third party contractor and/or, in the case of repair or remediation of any defect or deficiency caused by or attributed to the said or any other contractor, whether pursuant to a warranty or not, satisfactory repair or remediation of such defect or deficiency as well as the resultant commencement or re -commencement of the Municipality's maintenance and repair obligations as provided for herein in respect of the said County Road and/or bridge/culvert/ drainage facility; and, (g) upon reasonable demand by the Municipality, the County shall produce to the Municipality any records relating to inspection, deficiency correction, and/or acceptance of such works by or as between the County and any involved third -party contractor. 5.0 Payment to the Municipality 5.1 For maintenance/repair services as contemplated by the Scope of Services attached as Schedule "C" hereto, the Municipality shall receive the annual base payment of $XXXXX for services rendered during each calendar year of the Term of this Agreement, provided that the said annual base payment shall be adjusted on an annual basis, effective January 1 of each calendar year of the term of this Agreement, commencing January 1, 20XX, in accordance with the Consumer Price Index (CPI) for Ontario (All Goods) for the month of October of each year, commencing October 20XX. The Municipality shall submit a summary invoice in accordance with the sample attached as Schedule "D" hereto to the County on or before the 10th day of each month, commencing February 10, 20XX, and continuing through and including January 10, 2028 and in accordance with the corresponding monthly percentage of annual base payment as set out in Schedule "E" attached, for such services rendered within the previous calendar month, such invoices to provide and, as required, be accompanied by the following reports: 5.1.1 within each such monthly invoice, the Municipality shall confirm the details of at least one (1) inspection of County Roads and bridge/culvert/drainage facilities as contemplated by this Agreement and completed within the previous month period to which the invoice applies, including the date and time of the inspection and the name of the person completing that inspection; 5.1.2 on or before the, oth day of April, July, October, and January of the Term of this Agreement but furthermore including January 10, 20XX, and commencing April 10, 20XX, a Quarterly Road Work Report detailing the Services contemplated by this Agreement and as performed by or on behalf of the Municipality during the previous three (3) full months'time period, such Report to be prepared and delivered in the format set forth in Schedule "F" hereto; Page 47 of 146 5.1.3 by February 15th of each calendar year, commencing February XX, 20XX, and continuing to and including February XX, 20XX, and in accordance with the format set forth in Schedule "G" hereto, Year -End Financial Statements detailing total repair/maintenance costs in respect of County Roads, for the previous full calendar year, including but not limited to line items for labour, equipment, material/contracts, administration and other costs for each Service item as identified in Schedule "C" hereto; and, 5.1.4 by May loth of each calendar year, commencing May 10, 20XX, a complete Winter Road Salt Use and Winter Control Operations Questionnaire for the previous twelve (12) month period ending April 30th of each such calendar year and in the format set forth in Schedule "H" hereto. 5.2 For additional maintenance/repair services, including emergency services, as provided for herein and at all times within 60 days of completion of such Services, the Municipality shall, within a monthly invoice prepared and delivered in accordance with ss. 4.5 and 5.1 above, charge the County forthe agreed cost of such Services, provided that the details of such work and cost calculation thereof, including photocopies of any third party charges, are set forth within such invoice and otherwise accounted for within the applicable Quarterly Report as contemplated in s. 5.1 above. 5.3 The County shall forthwith pay the monthly invoice submitted by the Municipality in compliance with the requirements set forth in paragraph 5.1 and 5.2 above, provided that the County shall not be required to pay any such invoice submitted by the Municipality which is not in compliance with those requirements and/or in respect of any invoice item which is disputed by the County. In addition and for purposes of clarity, in the event that the Municipality has failed to deliver a report or reports as contemplated by either paragraph 5.1 above or otherwise failed to comply with its obligations pursuant to paragraphs 5.2 above or 8 or 9 below, the County may withhold ten per cent (10 %) of the value of any then current invoice and all subsequent invoices as rendered to it by the Municipality until the Municipality has corrected such deficiency and brought itself into compliance with its obligations pursuant to this section and this Agreement. 5.4 As guidance to the preparation of invoices and/or reports as set forth in this s. 5.0, the following principles shall apply: 5.4.1 Labour costs should be reported as actual costs of applicable salary and benefits paid. 5.4.2 Equipment costs should be reported as applicable machine hours, utilizing OPSS-127 rates most recently published by the Ministry of Transportation Ontario. 5.4.3 Material and Contract costs should be reported as invoiced to the Municipality by an applicable vendor. 5.4.4 An annual flat fee of up to 5% of the total annual County Road Maintenance Allocation may be reported by the Municipality as administrative charges within its Year -End Financial Statement. 5.5 All other applicable road maintenance/repair expenses related to County Roads and facilities as contemplated in this Agreement should be reported as "Other" within the Year -End Financial Statement submitted by the Municipality and which Statement should be accompanied by documentation supporting such expenses. 5.6 For purposes of further clarity, the parties hereto acknowledge that payments made and invoices rendered hereunder do not affect assessments applicable Page 48 of 146 to or charged in respect of Municipal drains established pursuant to the Drainage Act, R.S.O. 1990, c. D.17, as amended. 6.0 Insurance 6.1 The Municipality shall, during the term of this entire Agreement, obtain and maintain for the benefit of the County, a comprehensive general liability insurance policy in the amount of not less than ten million ($10,000,000.00) dollars per incident, such policy providing insurance coverage for and including bodily injury, death, or property damage as sustained in connection with the performance of services and/or obligations that are undertaken pursuant to this Agreement; for purposes of clarity, the aforenoted policy shall name the County as an additional insured. 6.2 The Municipality shall upon request provide the County with copies of the Certificate of Insurance issued in respect of such policy and the Municipality shall maintain such policy in full force and effect during the entire Term of this Agreement. 6.3 Effective as of the date of this Agreement, the Municipality shall require that contractors and third parties which perform maintenance and/or repair works upon any County Road, bridge/culvert, highway or overpass or traffic control signal or beacon in accordance with this Agreement shall maintain a comprehensive general liability insurance policy in the amount not less than five million ($5,000,000.00) dollars per incident, such policy to provide insurance coverage for and including bodily injury, death, or property damage as sustained in connection with the performance of maintenance/repair services undertaken pursuant to this Agreement. The County and the Municipality shall each be named as additional insureds under the terms of this insurance policy. 7.0 Traffic/Beacon Signals 7.1 The Municipality shall monitor traffic control/beacon signals or devices located on County Roads in accordance with and as may be indicated in the Scope of Services attached as Schedule "C" hereto. 7.2 In the event that the Municipality shall observe any deficiency in the installation, erection, or operation of any traffic control/beacon signals, it shall immediately notify both the County Superintendent or his or her designate and the Electrical Contractor for the County as to the details of such deficiency; provided that the County shall at all times inform the Municipality of the identity of the current Electrical Contractor. 8.0 Inspection County — Quarterly Inspections — Maintenance and Repair of Deficiencies by Municipality 8.1 Without limiting the right of the County to do so at any time but at least once during each three month period of the term of this Agreement and on at least one such occasion to be accompanied by the Municipal Superintendent, the County shall inspect the condition of the roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic signals and beacons which are the subject of this Agreement and in relation to the Scope of Services for Elgin Road System attached as Schedule "C" to this Agreement. The County representative shall thereafter record the results of the said inspection on an Inspection Report in the format contained in Schedule "I" hereto, a copy of which shall then be delivered to the Municipal Superintendent along with written direction from the County Superintendent directing the repairs and/or maintenance works to be completed. 8.2 Unless postponed upon the written approval of the County and at all times within sixty (60) days of receipt of such Inspection Report, the Municipality, Page 49 of 146 within a time period reasonably commensurate with the extent and nature of such works and any consequential risk to public users, shall undertake and complete all required repairs and/or maintenance works for which it receives direction pursuant to s. 8.1 above and shall report the details of such work to the County within the Quarterly Report next delivered pursuant to s, 5.1 above. 8.3 The Municipality acknowledges and agrees that the performance of inspections by and the communication of direction for required repair and/or maintenance from the County pursuant to paragraph 8.1 above does not relieve the Municipality of its obligations to otherwise perform repairs and/or maintenance works to County roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic control/beacon devices as set forth in this Agreement. By the Municipality — Monthly Inspections — Inspection Notes — Maintenance and Repair of Deficiencies of Municipality 8.4 At least once during the course of each calendar month during the Term of this Agreement, the Municipality, by its Municipal Superintendent or any authorized designate thereof, shall inspect the roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic signals which are the subject matter of this Agreement and in relation to which the Scope of Services attached as Schedule "C" hereto apply. The involved Municipal representative shall prepare written records/notes of the results of each such inspection, including but not limited to the particulars of any relevant MMS standards findings, noted deficiencies, corrective actions undertaken, and/or planned, but not yet completed, works, which results, along with details of completed remedial maintenance and/or repair work, shall be incorporated within the next delivered Quarterly Roads Works Report (Municipality to County) prepared in the format outlined in Schedule "F" hereto. Thereafter, the said records/notes shall be held and maintained by the Municipality in accordance with and pursuant to the obligations set forth in s. 9.0 hereof. 8.5 Without limiting the generality of the foregoing and unless extended by the written approval of the County but at all times within a time period reasonably commensurate with the nature and extent of such works and any consequential risk to public users, the Municipality shall undertake and complete all required maintenance and/or repair works in respect of deficiencies noted and recorded during any one or more monthly inspections as prescribed in s. 8.4 above and report the details of such deficiency and work to the County within the Quarterly Road Works Report next delivered. 9.0 Records 9.1 The Municipality shall maintain accurate records of works performed pursuant to this Agreement, including but not limited to works performed pursuant to any direction received pursuant to paragraph 8.1 above, the records/notes required by s. 8.4 above, and as incorporated within the Quarterly Roads Works Reports as referenced above. 9.2 The Municipality shall maintain records of its activities undertaken pursuant to this Agreement in accordance with the timeframes established in its municipal records retention bylaw, approved in accordance with the Municipal Act, and, further thereto, shall allow access to such records to the County Superintendent or his or her delegate, limited only by the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended (hereinafter "MFIPPA"). 9.3 The County shall maintain records of its activities undertaken pursuant to this Agreement in accordance with the timeframes established in its municipal records retention bylaw, approved in accordance with the Municipal Act and, shall allow access to such records to the Municipal Superintendent or his or her delegate, limited only by the provisions of MFIPPA. Page 50 of 146 10.0 Indemnity 10.1 The Municipality hereby indemnifies and saves harmless the County, its employees, agents, and councillors, from any and all claims, demands, losses, costs, damages, actions, lawsuits or other proceedings by whomsoever made, sustained, or prosecuted which may arise either directly or indirectly by any act, neglect or refusal of the Municipality, its servants, employees, agents, invitees or contractors to maintain and/or repair any County Road and/or bridge/culvert/drainage facilities in accordance with the terms of this Agreement. 10.2 The County hereby indemnifies and saves harmless the Municipality, its employees, agents, and councillors, from any and all claims, demands, losses, costs, damages, actions, lawsuits or other proceedings by whomsoever made, sustained, or prosecuted which may arise either directly or indirectly by any act, neglect, failure or refusal to perform or otherwise satisfy any obligation or covenant provided for in this Agreement. 10.3 In the event that the Scope of Services for the Elgin Road System as contemplated by this Agreement are found by a Court of competent jurisdiction to have been completed without fault or negligence by the Municipality, or, in the alternative, the County has acknowledged that such services have been completed without fault or negligence by the Municipality, in both cases including its employees or agents, then the County hereby agrees to indemnify and save harmless the Municipality, its employees, agents, and councillors, from any and all claims, demands, losses, or other proceedings that may be advanced against the County or the Municipality arising from the works performed by the Municipality upon the relevant County Roads and/or bridge/culvert/drainage facilities. 10.4 In the event of a claim to damages as against either and/or both the County and the Municipality in respect of an alleged failure to repair and/or maintain a County Road and/or bridge/culvert/drainage facilities, the parties shall cooperate in the administration of and/or response to such claim to damages, including but not limited to provision of photocopies of correspondence and/or communication with its respective insurer, subject at all times to any conflict of interest as identified by either party hereto or its insurer. 10.5 In addition to the contents of Section 10.3 above, in the event that a proceeding against the Municipality in respect of conduct relating to the performance of maintenance/repair Services undertaken pursuant to this Agreement is dismissed at Trial, then the County shall reimburse the Municipality for one-half of its insurance deductible to a maximum amount equal to one-half of the deductible payable by the County under its general liability insurance policy in effect at the date of the loss/incident upon which such proceeding was based. 10.6 All indemnities that arise from this Agreement extend beyond the term of this Agreement. 11.0 Assignment and Sub -Contractors 11.1 The Municipality agrees that the County Superintendent reserves the right to approve, acting reasonably, sub -contractors the Municipality retains to undertake the Scope of Services contemplated by this Agreement. 11.2 In the event the Municipality assigns or sub -contracts its responsibilities under this Agreement or otherwise employs sub -contractors, the Municipality shall be responsible for all payment requirements or other obligations of an owner pursuant to the Construction Lien Act (Ontario). Without limiting the foregoing, the Municipality shall be responsible to quantify the value of work performed and materials supplied and prepare progress certificates to show the amount of statutory holdbacks and liens as may apply. If required by the County, a copy of each progress payment certificate shall be directed to the County Page 51 of 146 Superintendent. The Municipality shall be responsible for obligations to a sub- contractor to certify the completion of the works as required. The County Superintendent shall receive a copy of the certificate of substantial performance as issued by the Municipality and the Municipality shall comply with all notice requirements as set out in the Construction Lien Act (Ontario) for the said certificate. 12.0 Dispute Resolution 12.1 The parties further agree that in the event of a dispute between the parties as to any matter arising from this Agreement with financial implication to either or both parties of at least twenty-five thousand ($25,000.00) dollars, then the resolution of such a dispute shall be determined by a private arbitrator, and that decision of the private arbitrator shall be final and binding. The arbitrator selected shall have significant experience in road construction and maintenance and repair and other municipal matters and may be selected upon the recommendation of the Director of the Ontario Good Roads Association. The parties agree that in order to apply for arbitration pursuant to this paragraph, the party making the application must provide notice of the dispute and its intention to proceed to private arbitration within thirty (30) days of becoming aware of the subject matter in the dispute. 12.2 In the event that the parties proceed to arbitration, then the arbitrator shall be selected upon mutual agreement of both parties within ninety (90) days of receipt of the notice of arbitration, failing which each party shall select their own representative, who in turn shall select a third arbitrator with the qualifications as noted above, and the selection of that third arbitrator shall be final and binding. 12.3 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990,c. S.22, as amended, and the Arbitrations Act, R.S.O. 1990, c. A.24, as amended, shall apply through the arbitration process. 12.4 The parties hereto further agree that: a) The arbitrator shall have the unfettered discretion to decide upon and direct resolution of any dispute arising in relation to this Agreement; b) Any award or decision made by the arbitrator is binding upon the parties and may be enforced in the same manner as a Judgment or Order of the Ontario Superior Court of Justice to the same effect; c) Either party may obtain an Order pursuant to the Arbitration Act, 1991,S.O. 1991, Chapter 17, as amended, staying any legal proceeding relating to the dispute presented to the Arbitrator pursuant to this Agreement; and d) Neither party shall have the right to appeal the award or decision of the arbitrator to a Court or apply to set aside the award or decision of the arbitrator. 12.5 Unless otherwise agreed by the parties, the cost of the arbitration shall be determined by the arbitrator, who has the authority to award costs payable against an unsuccessful party in his or her discretion at the conclusion of the arbitration. 12.6 In the event of a dispute between the parties as to completion of maintenance or repair works as required by this Agreement or as otherwise directed by the County Superintendent, then any arbitration hearing shall not be scheduled or be commenced until after the repair or maintenance services are completed to the satisfaction of the County Superintendent. Page 52 of 146 13.0 Oversight / Administration General 13.1 To assist in oversight and administration of Road Maintenance Agreements between the County and its constituent lower tier municipalities, including the within Agreement, and with the goal and purpose of achievement of reasonable maintenance and repair of County Roads and associated bridge/culvert/drainage facilities in return for fair and equitable payment to the involved Municipality, the parties hereto agree to participate in establishment and subsequent consultative meetings of the following committees: 13.1.1 Operations Committee; and, 13.1.2 Governance Committee. Operations Committee 13.2 The parties hereto agree that the Terms of Reference for the Operations Committee, including as to intended compensation, mandate, meeting schedule, and meeting procedures, are as set forth in Schedule "J-1"hereto. Governance Committee 13.3 The parties hereto agree that the Terms of Reference for the Governance Committee, including as to intended composition, mandate, meeting schedule, and meeting procedures, are as set forth in Schedule "J-2" hereto. Annual Compliance Report — County to Governance Committee 13.4 As referenced in Schedule J-2 as Terms of Reference for the Governance Committee and on or before March 31st of each year of the Term of this Agreement, commencing March 31, 2024, but extended to and including March 31, 2028, the County shall prepare and submit to the Governance Committee an Annual Compliance Report detailing and providing analysis and comment upon the performance of the Municipality in relation to its duties and obligations set forth in this Agreement, including but not limited to the following matters: 13.4.1. Individual and summary results of remedial works required by Quarterly Inspection Reports delivered by the County delivered by the County to the Municipality; 13.4.2. Overall response of the Municipality to deficiencies noted within monthly inspections by the Municipality and Quarterly Inspection Reports submitted by the County to the Municipality; 13.4.3. Summary of compliance of Municipality with duties and obligations created by the Road Maintenance Agreement, including but not limited to reporting requirements and deadlines; and, 13.4.4. Engagement between the County and the Municipality within the Operations Committee and its meetings. 14D NOTICE Any notice required pursuant to this Agreement shall be delivered to the Chief Administrative Officer of the respective parties hereto and at the addresses set forth below: Page 53 of 146 For the County: 450 Sunset Drive St. Thomas, Ontario, N5R 5V1 Facsimile Transmission: 519-633-7661 Email: engineering@elgin.ca For the Municipality: Address Facsimile Transmission: Email: 14,1 Any written notice between the parties hereto, which specifically excludes any invoice rendered in accordance with section 5.0 hereof, shall be delivered or sent by prepaid registered mail addressed to the parties at their respective addresses listed above, or their respective facsimile numbers as noted above. 142 In the event that either party hereto shall change its address within the term of this Agreement, such party shall provide the other party hereto with written notification of such change of address within thirty (30) days of the effective date of such change, upon which date of notification the said new address shall be considered the address for service of any notice hereto pursuant to Section 14.1 above. 14.3 Notice shall be deemed to have been received on the date on which notice was delivered to the address as designated or, in the case of mailing, on the fifth day after the date of mailing or, in the case of facsimile, the day after the facsimile has been sent or, in the case of email, on the next business day following the receipt of such email. 15.0 Miscellaneous Waiver 15.1 Any provision of this Agreement may be waived in whole or in part by a party without prejudice any other right of that party as arising from the breach of any other provision hereof. A waiver shall be binding upon the waiving party only if it is in writing. The waiver by a party of any breach of any provision hereof shall not be taken or held to be a waiver of any further breach of the same provision. Severability 15.2 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, legality, or enforceability of the remaining paragraphs, terms and conditions. /_riMTOR i-I 15.3 No amendment, variation, or change to this Agreement shall be binding unless same shall be in writing and signed by the parties. Schedules 15.4 This Agreement includes the Schedules set out as Schedule "A" to "J-2" inclusive, and constitutes the entire agreement between the parties and supersedes all prior agreements, negotiations and discussions, whether oral or written, with respect to the subject matter of road maintenance for those roads as set out in this Agreement. Page 54 of 146 Signatures in Counterparts 15.5 This Agreement, including any associated agreements or documents required in connection herewith, may be executed in counterparts, each of which shall be deemed to be an original and both of which together shall constitute one and the same Agreement. Enurement 15.6 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The parties hereto agree for themselves and on behalf of the foregoing persons to undertake such further acts and execute such further documents as may be necessary or expedient in order to carry out the purpose and intent of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officers which are duly authorized as of the date first written above. SIGNED, SEALED & DELIVERED Corporation of the County of Elgin in the presence of ) per: Name: Ed Ketchebaw Position: Warden per: Name: Don Shropshire 1 Position: Chief Administrative Officer We have authority to bind the Corporation The name of the Municipality per- Name- Position - per, Name- Position - We have authority to bind the Corporation Page 55 of 146 SCHEDULE "A" (Detailed description of roads and bridge/culvert/drainage facilities for which maintenance/repair Services provided) Page 56 of 146 SCHEDULE "B" (Sketch depicting roads and bridge/culvert/drainage facilities for which maintenance/repair Services provided) Page 57 of 146 Schedule 'B' LOCATION OF ELGIN COUNTY BRIDGES AND CULVERTS COUNTY OF ELGIN CULVERTS"y� lo- - �` C01 Middlemiss C35 HIII C59 Pettman Moore C75 Big Tree_yG�y I V - r� _-� � CO2 Orchard C36 McBain C60 Springfield C76 Willey P _ (�' U MILJPL L.ESIEiC } CO3 Silver Creek C37 Lynhurst C61 Clapton Farrow C77 Houghton C04 Springfield North C38 Chute C62 Kettle Creek No. 2 C78 Carter C05 Springfield South C39 Teeple C63 Mapleton C79 Smoke _ A� �NrxE �2 C06 Beecroft C40 Argyle C64 Truman C80 Paynes Mills �r - ' k� �3�3, «, "qn r'� 7m _-,��� ¢� Co7 Shaw C41 Fowler East C65 Thompson C81 Catherwood I' tP' C.`6® _ �[ C0 8 Campbell East C42 Glenworth C66 Yorke C82 Faulds C08A Campbell West C43 Gold Seal C67 Tunnel C83 Bradley Creek f -- ti,v $� ter•'="-`® i ���fi1 =• ua i i C09 Airport C44 Silver Creek North C68 Talbotville C84 Brock C10 Port Talbot C46 Lakeview Store C69 Ford C85 Putnam 30 .I- C11 Newell C47 Aarts C70 Blacks r+� C4 t63 „i C12 Salt Creek C48 Talbot Creek C71 New Glasgow C13 Kettle Creek C49 over C72 Mistele g C14 Rolson C50 Richmond Hill C73 Dunborough zbl9F' Es .., K C15 Golf Course Road C52 MacPherson Drain C74 Coyne 60-� �4 mm� ��I B2 1�I ,,,Aj=' m`� `"' rim 1i """" C• y' .,ter: nic .-1� C16 Government Drain No. 3 C53 Brown Drain rrn■" r, A "� C18 Tansley Drain C54 Baird Drain d.P' �+�°"'.• �tr „«!. s 41,.{.-.. '"®ik®....` `"' —fc"� C19 Government Drain No. 1 C55 Lewis ce.ue ...E i �o-m`; ,. ..� i� C20 Spring Creek C57 Hunt �,. d .#Sp4 �4®-m--mw,•, $53 e aar Awnox va.P e" C21 Grant Drain C58 Shively -Neff 1„ '"' C22 Little Otter Creek a _'^ v' _ a h7 AYL R C23 Morden de^ti5;^',; ''d �...r" x.� C24 McGill Drain ., m i9 s� �i� C25 Government Drain ", - k - w �'n p*a, > Y r p �I . y °er'd"o .. a °; "6R Irr n.1B lr,r ?CH��:'11a""33.1".,�..�C,, rm. C27 CamblOetoutlnt Drain �r,L' �`' �q� °ro ,„ r..,i'„. ✓ �' °c;/" r �,m� .1I' . 'i k� is ��I 1B74 1 ®" IP.Yz "" 1 I, ,, ,L` ,yh ."°,„`r i"aEast.,C� c....4 ,,J, .,o t��ii;'m Jf C28 McMillan �„�'r°� �m�+,rm 'sr " r `;. , -y,,.n,C30 FumvalnRoadIn��1m'r�m `` 2 ��m.;yQ%5�4t L� �rIEp _ "k.. l ...,... C31 Emerson West +s 3 N, f^. ," :. kx.B.2$ti( �....11' 4$ m,w,l -.„,. „" x..,, p +;.. g 1I unr ..... . C32 Lake Road t 2 ,d `a �$ ,mr, e e i„ �i lla �,1f 7�I'� C33 Bell Mill .,� 1 3�.. "Kr �P, . o CA1 '" .:. .... _ .IW if.� � M ,�,1 ll ll o .w C34 Wier ";,� B6 ��� II ��1� aRa 27 _ •Q BO 0 �77 �I i,is"° =..34 14 8 °...� C3a �,,.I 11. �] : I x�� o ,,t. 2�_.,.:..,._. 67� "c1m;F .P°26 f s'' �. „ r�i . Vu, 0 ,, L1 R4VIL. r, ^„ ,� ' „a;Mr,, °t ;7�."i+sDU gTo1G m;^°'... $s `�` ,` Fi� ..: 4CIf� rr"s»„^,n^ z �y. ;STANLEY ,'. '=G7�°mc.�..,, POf2T o"(N.m:^��°'yB"'i3''' 1II '7'"f�41mi 5�,,1pvoRrerzuce 4z� Wr" �e to J Vim, Y� �r. P g wawa PORT U WELL' 0,4 � � � � ^�C COUNTY OF ELGIN BRIDGES g 1 d P td S� e 3" im m„x B01 Bothwell Bridge B21 Crinan Bridge B45 Port Burwell Bridge ""•w`" ' ", r°'r,°m" r""" B02 Wardsville Bridge B23 Fulton Bridge B46 Edison Drive Bridge C 99 `73�'" �o B03 Walkers Bridge B24 Meeks Bridge B47 Calton Line �'°'"" B04 New Sarum Bridge B25 Warren Street Bridge B40 Cooks ,,��pp" B05 Willeys Bridge B26 Jamestown Bridge B49 Phillmore w 2 B06 Middlemiss Bridge B27 Gillets Bridge B53 Eden J' n ip y�"�{e ,oa .� Y' Pr"�dr .rr�. LEdEND 4 *A' ,�! w' „✓ 7 ,t" ,F"i:3 , „° � °z„ B07 Fleming Creek Bridge B28 Players Bridge B60 Dodds Creek 2✓'�„r , 84 d�' B08 Fleming Creek North Bridge B29 Patterson Bridge B61 Galion mx�! ,�`" C2'„�, ,,t' ...e. .mm• .[q B09 Fleming Creek South Bridge B30 McGinnis Bridge B63 Bucks B10 Largle Bridge B31 Harkness Bridge B64 McGregor y y.� Bit Vienna South Bridge B32 Belmont West Bridge B65 Knotts Mill B2 Iona Bridge B33 Belmont East Bridge B66 Terrninal Rail C B13 314 Bennett Bndge Mapleton Bridge B35 B36 Ham etsville Drain Brooks Bridge B74 B80 Spri ngwater Simpsons B15 Black Bridge B38 King Bridge B92 Kimble B16 Lings Bridge B39 Kingsmill Bridge B93 John Street B17 Vienna North Bridge B40 Orwell Bridge B94 Glen Erie East B 1 8 St. George Street Bridge B41 Elm Street Bridge B95 Glen Erie West B 1 9 Port Bruce Bridge B42 Dingle Street Bridge B98 Belmont B20 Callaghan Bridge B43 Glencolin Bridge B99 King George IV Lift Bridge Page 58 of 146 SCHEDULE "C" SCOPE OF SERVICES Page 59 of 146 SCHEDULE "C" SCOPE OF SERVICES 1.0. Inspection 1.1. Routine Inspections Service Description: Routine inspection of roads for defects, safety concerns, and road conditions. Service Details: • Frequency of routine inspections to comply with standard for frequency of patrolling of highways provided for in then current Minimum Maintenance Standards. • As part of routine road inspections, the Municipality shall report any concerns with flashing beacons, traffic signals, or pedestrian crossings to the County Superintendent and the County's Electrical Services Contractor upon becoming aware of any underlying defect. 2.0. Road Surface Maintenance 2.1. Maintaining Asphalt Pavement and Treated Surfaces Service Description: Identification and repair of road surface defects, including but not limited to potholes, cracks, and edge drop-offs. Service Details: • All repairs and remedial works to be completed by Municipality in compliance with the then current Minimum Maintenance Standards. • For asphalt pavement surfaces, as constructed width, minus 0.1 m., shall be maintained. • For surface treated surfaces, as constructed width, minus 0.2 m., shall be maintained. • Required total linear repair and remedial works at any single location limited to 50m. per lane km. annually. • In the event that the Municipality, acting reasonably, determines that the total linear repair and remediation works necessary to comply with the then current Minimum Maintenance Standards at any single location exceeds 50 m. per lane km. annually, then, conditional upon timely notice to the County Superintendent, those works exceeding such annual threshold of 50 m. per lane km. shall be deemed additional work to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply. 2.1.1. Bicycle Facilities Maintenance Service Description: Identification and repair of surface defects within designated bicycle lanes / facilities. Service Details: • Designated bicycle lanes / facilities shall be inspected and maintained in a manner to account for and accommodate the intended user of those lanes / facilities. Without limiting the generality of the foregoing, all maintenance as required by this section 2.1.1 shall be completed by the Municipality in accordance with the then current Minimum Maintenance Standards and/or Page 60 of 146 Ontario Traffic Manual Book 18, whichever standard is greater. • Identification / placement of appropriate warning equipment, including but not necessarily limited to signage or placement of traffic barrel(s), shall occur as soon as practicable after discovery of any defect and/or unsafe condition within any bicycle lane or facility and thereafter maintained until requisite repair completed. 2.2. Maintaining Gravel Shoulders Service Description: Identification and repair of defects along gravel shoulder of roads, including but not limited to potholes, cracks, and edge maintenance. Service Details: • All maintenance and repair works shall be completed by Municipality in compliance with then current Minimum Maintenance Standards. • As constructed width, minus 0.3 m., shall be graded as required and at all times at least two (2) times per year. • Where partially or fully paved shoulders exist, the shoulder width referenced immediately above shall be measured from the nearest edge of the driving lane (white line). • Isolated or spot shoulder gravelling, including supply and installation of Granular "A" material to a maximum of ten (10) tonnes and not exceeding twenty (20) m. in length at any single location, shall be completed as required to works eliminate edge of pavement drop-offs, standing water, or depressions, which works may require berm removal to promote positive sheet flow. • In the event that the Municipality, acting reasonably, determines that isolated or spot shoulder graveling works as referenced immediately above requires the supply and installation of in excess of ten (10) tonnes of Granular "A" material and/or over a length in excess of twenty (20) m. at any single location to comply with the then current Minimum Maintenance Standards, then, conditional upon timely notice to the County Superintendent, those works in excess of such threshold(s) shall be deemed additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply. 2.3. Sweeping Service Description: Sweeping of County Roads. Service Details: • Sweeping of County roads shall be completed two (2) times during each calendar year in Settlement Areas and as required in Agricultural Areas, both of which Areas are as identified in the County of Elgin Official Plan (Schedule "A" — Land Use). 2.3.1. Sweeping of Designated Bicycle Lanes / Facilities Service Description: Sweeping of Designated bicycle lanes / facilities. Service Details: • Designated bicycle lanes / facilities shall be swept as required to account for and accommodate the intended user of such lanes / facilities and which must occur at least once during the months of May, June, July, August, and September of each calendar year. • Sweeping of designated bicycle lanes / facilities as specified immediately above shall be deemed to be additional works to which s. 5.2 of the Road Maintenance Agreement shall apply. Page 61 of 146 3.0. Roadside Maintenance 3.1 Debris Control Service Description: Removal of material deposited on the travelled portion of the road or shoulder, either intentionally or unintentionally and including but not limited to mud, rocks, dead animals, trash, and other debris. Service Detail: • Debris should be removed from the travelled portion of the road or shoulder as soon as practicable after discovery 3.2. Vegetation Control Service Description: Cutting of overgrown or unwanted vegetation along roads, at intersections, and under and around bridges, culverts, and safety systems. Service Details: • Cutting of vegetation along roads shall be completed two (2) times during each calendar year, once in the spring season and once in the fall season, to a minimum width of 3.6 m. from the exterior edge of the closest shoulder in spring and a minimum width of 1.8 m. from the exterior edge of the closest shoulder in the fall. • Vegetation shall be cut or sprayed, subject to the County No Spray Policy, from around guide rail posts and, where practicable, to a minimum width of 1.8 m. behind any guide rail. • Vegetation shall be cut from road allowances at intersections to achieve a clear sight distance of at least 200 m. in all directions from such intersections. The vegetation shall be cut to a height no greater than 0.3 m. • With respect to culverts, bridges, and safety systems, including but not limited to guide rails, vegetation shall be cut at least once during each calendar year and, at that time, removed from beneath and within 3 m. of such culverts, bridges, and safety systems. • The Municipality shall ensure that the full width of the County road allowance is free of invasive and noxious weeds and / or larger brush and vegetation that impedes sightlines and / or drainage facilities. Any such larger vegetation should be removed as soon as practicable by the Municipality and at all times before the canopy of any such vegetation begins to encroach upon the road allowance. • The Municipality shall perform routine vegetation maintenance, including but not as a limited to weed trimming, around any Elgin County "Gateway" signs within the territorial limits of the Municipality. 3.3. Tree Maintenance / Removal Service Description: Identification and removal of dead trees and hazardous limbs. Service Details: • Tree limbs that pose a safety hazard to the public users of a County road shall be removed as soon as practicable after discovery and identification. • Dead trees that pose a safety hazard to the public users of a County road shall be removed within one (1) year of discovery and identification. Page 62 of 146 • Stumps of removed trees in non -landscaped areas shall be ground down to be level with surrounding terrain while stumps within landscaped areas shall be further restored with topsoil and seed to match the surrounding terrain. 3.4. Noxious Weed Control Service Description: Cutting and spraying of noxious weeds and invasive species. Service Details: • Use of herbicide(s) to control unwanted vegetation, including but not limited to noxious weeds and other invasive species, shall conform to the Elgin (County) "No Spray Policy", a copy of which policy is appended to this Schedule "C". 4.0. Drainage Facilities Maintenance 4.1. Cleaning of Drainage Facilities Service Description: Cleaning and removal of obstructions from drainage facilities within County road allowances or otherwise servicing County roads, including but not limited to all outlets, subdrains, storm sewers, curbs and gutters, and catch basins. Service Details: • Storm drainage facilities shall be cleaned when identified as experiencing restricted flows (i.e. gutter outlets/swales). This work may require video investigations, flushing, removal of obstructions, including but not limited to roots, and other steps to reestablish unrestricted flows. • Catch basins shall be cleaned as required if debris has filled sumps but in all cases at least one time during each two (2) calendar year period. • In addition to the drainage facilities identified in Schedule "A" hereto and as such facilities are identified, the County agrees to provide the Municipality with periodic updates identifying additional drainage facilities to be cleaned pursuant to this Road Maintenance Agreement. 4.2 Repairs to Drainage Facilities Service Description: Identification of defects and deficiencies in and repair of drainage facilities within County road allowances or otherwise servicing County roads. Service Details: • Grate replacement, riser repairs, and patching around catch basins will be completed under and as routine maintenance and repair operations as contemplated by this Road Maintenance Agreement. • All other defects and deficiencies in drainage facilities will be reported by the Municipality to the County Superintendent and any remedial repairs will be completed under arrangements made by the County, if by the Municipality as additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement will apply. • In addition to the drainage facilities identified in Schedule "A" hereto and as such facilities are identified, the County agrees to provide the Municipality with periodic updates identifying additional drainage facilities to be repaired pursuant to this Road Maintenance Agreement. 4.3. Ditch Maintenance Service Description: Ditches within County road allowances to be kept in a condition maintaining positive water flow and eliminating standing water. Page 63 of 146 Service Details: • Required ditch maintenance limited to fifty (50) m. in length at any single location. In the event that the Municipality, acting reasonably, determines that ditch maintenance in excess of fifty (50) m. in length is required at any single location in order to maintain positive water flow and eliminate standing water or to otherwise conform to any requirement provided for in the then current Minimum Maintenance Standards, then, conditional upon timely notice to the County Superintendent, those works in excess of such threshold shall be deemed additional work to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply. 5.0. Bridges and Culverts 5.1. Structure Cleaning Service Description: Cleaning of all bridges and culverts on, above, or under County roads. Service Details: Municipality shall clean all bridges and culverts on, above, or under County road once during a calendar year and in accordance with the current guidelines provided in the Bridge and Culvert Management Course offered by the Ontario Good Roads Association. • All culverts shall be cleaned using water jets for flushing or other effective means to re-establish water flow that has been restricted by, amongst other things, material and debris. Any and all defects and deficiencies, or observation or evidence thereof, in the structure, condition, or operation of any bridge or culvert shall be reported, immediately upon discovery and in writing, to the County Superintendent. 5.2. Erosion Control Service Description: Installation of stone or similar material to prevent erosion around bridges and culverts, including but not limited to structural elements thereof. Service Details: • Municipality shall be responsible for the cost of supplying and installing up to ten (10) tonnes of quarry stone or similar repair material at any bridge or culvert location to prevent erosion around any such bridge or culvert, including but not limited to structural elements thereof. In the event that the Municipality, acting reasonably, determines that the erosion control works as referenced immediately above requires the supply and installation of in excess of ten (10) tonnes of quarry stone or similar repair material at any bridge or culvert location, then, conditional upon timely notice to the County Superintendent, those works in excess of such threshold shall be deemed additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply. 6.0. Safety Devices 6.1. Road Markings Service Description: Painting of road markings upon travelled portion of County roads, including but not limited to centreline markings, edge of lane markings, stop blocks, turn arrows, and lines / symbols denoting Designated Bicycle Lanes / Facilities. Page 64 of 146 Service Details: Municipality to paint (or re -paint) all Road markings on County Roads once during each calendar year and in accordance with the Ontario Traffic Manual — Book 11. As further guidance, the County notes that the white, edge of lane markings requiring annual painting (or re -painting) are generally located at road crests and sags, curves, narrow structures, Class 1 roads, and roads with partially or fully paved shoulders. Furthermore, most County Road intersections also incorporate the merging lanes, turning tapers, and radii that also require annual painting. In all such circumstances and with particular respect to the afore -noted road design and markings, the Municipality shall conform strictly to the requirements of the said Ontario Traffic Manual — Book 11. Where the County has designed and constructed paved shoulders designated as a bicycle lane / facility and on an annual basis, the Municipality shall paint (or re- paint) two (2) solid white edge lines to create a buffer zone in relation to such Designated Bicycle Lane / Facility. The painting of such second edge line shall be deemed to be additional services pursuant to s. 4.5 of this Agreement and to which s. 5.2 herein shall apply. On or before January 31 of each calendar year, the County shall advise the Municipality of resurfacing projects planned for County roads during the course of such calendar year and the anticipated timing of same and the Municipality, in consultation with and notice to the County Superintendent, the Municipality may exercise its discretion to defer road marking of such County Roads until the following calendar year. In this regard, the County acknowledges that it shall be responsible for arranging and paying for painting (or re -painting) of road markings necessitated solely by such resurfacing projects or other capital works on County roads. 6.2. Road Signs Service Description: Maintenance of all existing regulatory, warning, and information road signs and beacons, re -installation of damaged or stolen road signs and beacons, and removal of unauthorized signs. Service Details: Municipality to install and maintain all road signs and beacons in accordance with the then current Minimum Maintenance Standards and the Ontario Traffic Manual. • Municipality is responsible for all costs to supply signs and materials to re -install damaged or stolen road signs and battery -operated beacons. The County shall be responsible for reimbursement of the Municipality for all labour and/or material costs incurred by the Municipality in the replacement and reinstallation of road signs that fail a reflectivity inspection conducted as part of routine testing, provided that the Municipality prepare and deliver an invoice to the County in respect of such costs in accordance with ss. 4.5 and. 5.2 of the Road Maintenance Agreement. The Municipality shall immediately remove any and all unauthorized signage attached to County infrastructure, including but not limited to road signs and beacons. The County shall provide the Municipality with copies of any sign permits issued for County Roads to assist the Municipality in determining which signs are authorized. • The Municipality shall report to the County any and all signage it considers to be a potential safety concern due to the sight line or drainage obstruction or is otherwise found to be in an unsafe condition or position that poses a potential safety risk to the public users of a County road so that the County may determine whether such sign should be removed. Page 65 of 146 • Signage to warn motorists of areas identified to have high numbers of collisions between deer and motor vehicles will be installed with operating beacons on or before October 1 of each calendar year and thereafter remain in place, in good operating condition, until January 1 of the following calendar year; provided that,at all the times, such beacons shall be removed and alternative approved signage installed. • At the request of and as supplied by the County, the Municipality shall install Elgin County roadway directional/information signs and Elgin County Tourism signs. Municipal works undertaken to install and/or re -install such roadway directional/information signs are required works contemplated by the within Road Maintenance Agreement and do not constitute additional works thereunder. Municipal works undertaken to install and/or re -install Elgin Tourism signs are not required works contemplated by the within Road Maintenance Agreement and will constitute additional works thereunder and the cost thereof shall be invoiced to the County pursuant to ss. 4.5 and 5.2 of the said Agreement. • Municipality is and shall be solely responsible for supply and installation (or re- installation) of Hamlet / Community Identification signage and, if necessary, the Municipality shall obtain a permit authorizing such installation from the County. For clarification, it is acknowledged that a permit for such Hamlet/Community Identification Sign is not required if, without alteration in detail or design, a pre- existing Sign is being re -installed at the same location while a permit is required if a new or altered Sign is being installed or re -installed, whether at a new or existing location. • All signs as contemplated by this sub -section shall be installed on wooden 4" x 4" posts, save and except for signs with dimensions of 90 cm x 90 cm (or larger) and which signs shall be installed on 6" x 6" wooden posts with a 2' x 4' bracing. 6.3. Guide Rail and Traffic Barrier Systems Service Description: Maintenance and repair of all existing road safety systems, including but not limited cable guide rails, steel beam guide rails, and end treatments. Service Details: • Municipality to maintain and repair all existing road safety systems to the then current Ontario Provincial Standard Specifications. • In the event that an existing road safety system is damaged as the result of a motor vehicle collision, the Municipality shall forthwith notify the County Superintendent and thereafter effect any required repairs to the said road safety system as soon as practicable following such notification. • Until the annual deductible as referenced below is surpassed, the Municipality shall arrange and pay for repair and/or maintenance of any such damaged road safety system. • Municipality is responsible financially for the first $10,000.00 spent annually to complete repairs to or otherwise maintain all road safety systems to which this Road Maintenance Agreement applies (hereinafter "annual deductible"). The Municipality shall inform the County Superintendent upon the annual deductible being surpassed and thereafter forward to the County Superintendent evidence confirming same. • After the annual deductible is surpassed, the County shall be responsible for paying for repair and/or maintenance of all road safety systems to which the within Road Maintenance Agreement applies; provided that Municipality shall perform or otherwise arrange performance of such repair and maintenance works as additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply. Page 66 of 146 • In the event that the County makes recovery of repair costs from any responsible third party and those costs, either in whole or in part, were paid in the first instance by the Municipality within the annual deductible referenced above, then Elgin, within the calendar year within which such recovery was made from that responsible third party, shall calculate, reconcile, and make appropriate adjustment and/or payment to the Municipality for the amount of such recovery, or portion thereof, which is or was attributable to the costs paid for by the Municipality within the said annual deductible. • The cost of repair and maintenance of any road safety system as caused or contributed to by the operations of the Municipality, including but not limited to any failure to perform the within Scope of Services, shall not be taken into account in any calculation to determine if the annual deductible has been surpassed. 6A. Road Closures Service Description: Management and co-ordination of and participation in closures and detours of County roads. Service Details: • Municipality shall co-operate and participate in all emergency closure and emergency detour events on any County road to which this Road Maintenance Agreement applies. • All works provided by the Municipality in managing, supervising, or facilitating any road closure or detour event are required services under this Road Maintenance Agreement and do not constitute additional works thereunder to which ss.4.5 and 5.2 thereunder applies; provided that, when and where the Municipality provides road closure and/or detour services associated with or related to a planned capital project on a County Road and/or bridge/culvert/drainage facility, those road closure and/or detour services shall be considered and deemed as additional services pursuant to s. 4.5 herein and the Municipality shall thereafter invoice and the County shall pay the cost of those services pursuant to s. 5.2 herein. Municipality shall manage, supervise, and participate in the closure and detour of any County road as requested by the Municipality or the public, and approved by the County, to accommodate an approved local event, including but not limited to a parade, cultural festival, or cycling, running or other athletic competition, and such services do not constitute additional works under the within Road Maintenance Agreement to which ss. 4.5 and 5.2 applies. 7.0. Winter Control Service Description: Winter road and bridge maintenance of County roads, including but not limited to winter weather, snowfall, and ice prevention monitoring, salting / sanding, snowplowing, ice blading, and standby patrols. Service Details: • Municipality to perform all winter control services on County Road and bridges to which Road Maintenance Agreement applies to conform to then current Minimum Maintenance Standards. • Municipality will also perform winter control services on highway bridges and overpasses not owned by or under jurisdiction of County but otherwise connecting to at least parts of County roads. • Where and when applicable, the Municipality shall follow the "Canadian Code of Practice for the Environmental Management of Road Salts" and the County of Elgin's "Road Salt Management Plan", a copy of which latter document is included in the appendix to this Schedule. Page 67 of 146 8.0. Appendix 8.1. The attached Appendix of relevant Elgin County Policies / Plans reflecting upon or related to this Scope of Services forms part of this Schedule "C". 8.2. As of January 1, 2023, the attached Appendix includes photocopies of the following Elgin County Policies / Plans • No Spray Policy • Deer Warning Signage Policy • Road Salt Management Plan Effective: January 1, 2023 Page 68 of 146 M UU4ki117K1 Page 69 of 146 SCHEDULE "D" MONTHLY INVOICE FORMAT Page 70 of 146 SCHEDULE "D" MONTHLY INVOICE FORMAT Date: Invoice No. (NAME OF MUNICIPALITY) Invoice for County Road Maintenance Activities completed for the month of Item Description Amount 1 Monthly Road Maintenance Payment (Schedule E) $ 2 Additional Services $ -Attach a calculation and all relevant documentation TOTAL DUE $ Monthly Inspection Confirmation Date of Monthly Inspection: Name of Inspector: Documentation Included with this invoice (i) Quarterly Road Work Report (ii) Annual Financial Report Page 71 of 146 SCHEDULE "E" PAYMENT SCHEDULE Page 72 of 146 SCHEDULE "E" PAYMENT SCHEDULE Name of Municipality: Total Payment (2023): $ Payment Schedule (By Month) January , 2023 $ February , 2023 $ March , 2023 $ April , 2023 $ May, 2023 $ June , 2023 $ July , 2023 $ August, 2023 $ September, 2023 $ October, 2023 $ November, 2023 $ December, 2023 $ Total $ Page 73 of 146 SCHEDULE "F" QUARTERLY ROAD WORKS REPORT (MUNICIPALITY TO COUNTY) Page 74 of 146 Date: Municipality: SCHEDULE "F" QUARTERLY ROAD WORKS REPORT (MUNICIPALITY TO COUNTY) Page 75 of 146 SCHEDULE"G" YEAR-END FINANCIAL STATEMENT (MUNICIPALITY TO COUNTY) Page 76 of 146 SCHEDULE"G" YEAR-END FINANCIAL STATEMENT (MUNICIPALITY TO COUNTY) Labour Equipment Materials/ Admin Other Totals Contracts Inspection/Patrol $ $ $ $ $ $ Road Surfaces $ $ $ $ $ $ Roadside $ $ $ $ $ $ Drainage Systems $ $ $ $ $ $ Bridges/ Culverts $ $ $ $ $ $ Safety Devises $ $ $ $ $ $ Winter Control $ $ $ $ $ $ Totals $ $ $ $ $ $ Page 77 of 146 SCHEDULE "H" WINTER ROAD SALT USE AND WINTER CONTROL OPERATIONS QUESTIONNAIRE FORMAT Page 78 of 146 SCHEDULE"H" WINTER ROAD SALT USE AND WINTER CONTROL OPERATIONS QUESTIONNAIRE FORMAT Munlclpallty /Township /Town of Training - Was Training taken? Yes / No Manager(,) S, i,or(,) Operator(,) Mechanic(,) Pafroer(,) Improvements made to... Number Identified Number Achieved Material Storage Facllltes Salt Application Equipment Snow Disposal Areas Vulnerable Areas Winter Conditions- Number of days requiring Salt Application days Material Used De-k—(solids) Sodium Chloride ( Magnesium Chloride de ( (MgCl2) �ronne tonne Calcium Chloride (CaCl2) tonne Pre-treated Salt % Treated Abrasives Quantity of abraslves (sand) before mixing (tonnes) Quantity of solid salts mlxed with abrasives (tonnes) If exact qua ntltV of salt mixed with abrasives 15 not reported separately above, indicate the % of salt mixed with abrasives: % Liquids P rovlde the quantity of ALL liquids used for pre -wetting, pre-treatment and direct liquid application (.ntl-1c1ng)&ALL types(NaCI, MgCl2, C.02) L1Ves Salt Storage How many salt storage sites are managed and/or controlled by Your Organization Road Salts Percentage of sites covered by a permanent roof Percentage of sites covered only with a tarp Sah Treated Abrasives Percentage of sites covered by a permanent roof Percentage of saes covered only with a tarp Storage Surface - Materials rtored on an impermeable surface Road Salts Treated Abrasive Good Housekeeping Practices Yes / No AI materials are handled Ina designated 1 mpermeable surface area Equipment to prevent overloading of trucks System for collecting/treating wastewater from cleaning trucks Control and diversion of external waters ( not impacted by salt) Ongol ng cleanup of the site surfaces and spilled material is swept quickly Risk Management and emergency measure plans are In place Drainage Number of sites that have drainage and collection system for runoff of salt contaminated waters Does you organlzatlon monitor the chloride concentration in the runoff? Specify discharge pout into: Yes / No a munlclpal sewersystem a containment system for removal watercourse other(,) Salt Applicatio n Management of Equip Total number of vehicles assigned to solid salt application Total number of vehicles with conveyors and ground speed sensors Total number of vehicles equipped with pre -wetting equipment Total number of veh1 .1 desl raged for direct liquid application (DLA) , spreading equipment regularly calibrated? Frequency y of calibration (times per year) Weather Monitoring Yet No Number Infrared thermometer Mete' logical service Flied Road Weather Information System (RW IS) stations Vehicle -mounted mobile RWIS Maintenance Decision Support Yet No %of Fleet Record of sal t anelcatl on rate, Automated vehicle location (AVL) Use of a chart for application rate, adapted to raod/weather conditions Testing of Maintenance Decision Support System (MDSS) Snow Disposal Management of Snow Does Your organ lstolen perform snow disposal at a designated site? Total number of, as Total design capacity of all snow disposal sites (in cubic metres) Does your organization use snow melters? Percentage of disposed snow with snow melters Is the meltwater from snow melters discharged through storm sewers? Design of Snow Disposal Sites %of snow disposed Number of sites Snow is disposed of entirely on a low permeabl llty surface All meltwater 1, directed to a retention pond before its discharge All meltwater 1, collected and discharged 1 nto a munlclpal sewer system All meltwater 1s col lectred and discharged into a watercourse Management of Sa It Vulnerable Areas Inventory - Identification fo Salt Vulnerable Areas Has Vour road organlzatlon completed an inventory of salt vulnerable Yes/No/Partially areas within your territory? Sak vulnerable a reas within territory-Identidication of Sak Vulnerable Areas Ye,/No/Partially Do you have sal[vulnerable a rea(s) within your territory? Action Plan - Identification of Salt Vulnerable Areas Ye,/No/Partially Has Vour organlzatlon p,ep, red an aclon pia, to prioritize areas where mea,u re, wll be put In place? Supplementary ProteW.n or Mitigation Measures Ye,/No/Partially Did Vour organlzatlon implement supplementary and specific Pro tection or mitigation measures to ell minate or reduce road salt l mpacts on vul notable areas? Does Vour organization conduct env( ronmental monitoring to measure Impacts of road salts on vul notable areas? 4 of areas with Type� of Vulnerable A,— aron ecton 4 of areas with Type &Vulnerability 4 of areas identified measure, 1, bl.ce chlrolde momtonre� Drinking water (s.rf.ce or groundwater) Pag SCHEDULE "I" QUARTERLY INSPECTION REPORT (COUNTY TO MUNICIPALITY) FORMAT Page 80 of 146 Date: Municipality: SCHEDULE "I" QUARTERLY INSPECTION REPORT (COUNTY TO MUNICIPALITY) Page 81 of 146 SCHEDULE "J-1" TERMS OF REFERENCE — OPERATIONS COMMITTEE Page 82 of 146 SCHEDULE "J-1" TERMS OF REFERENCE — OPERATIONS COMMITTEE Mandate: 1. Identification and details of upcoming repair/maintenance projects relevant to Road Maintenance Agreement. 2. Identification and details of upcoming capital projects relevant to Road Maintenance Agreement. 3. Identification, discussion, and resolution of operational issues related to Road Maintenance Agreement. 4. Referral of unresolved issues related to Road Maintenance Agreement to Governance Committee. 5. Identification and discussion of potential shared procurement opportunities for County and Local Municipal Partners as relevant to Road Maintenance Agreement. 6. Coordination of shared Service delivery relevant to Road Maintenance Agreement. Composition: County Engineer (or designate); and Local Municipal Roads Superintendents (or designates). Quorum: County Engineer (or designate) plus majority of Local Municipal Roads Superintendents (or designates). Chair: County Engineer (or designate). Recorder: Arranged and provided by County Engineer. Meeting Schedule: At least one (1) meeting per quarter calendar year upon dates and at times established by Committee Members at first meeting of Committee each calendar year. Agenda 1. To be prepared and circulated by County representative at least ten (10) days prior to next scheduled meeting. 2. Specific agenda item requests, including relevant documentation, to be deliveredto County representative at least seven (7) days prior to Agenda circulation date. Page 83 of 146 SCHEDULE "J-2" TERMS OF REFERENCE - GOVERNANCE COMMITTEE Page 84 of 146 SCHEDULE "J-2" TERMS OF REFERENCE — GOVERNANCE COMMITTEE Mandate: 1. Receive and consider the Annual Compliance Report prepared and delivered by the County. 2. Identify, consider, and provide direction/guidance in relation to organizational and/or systemic concerns relating to Road Maintenance Agreement, including but not limited to matters identified within the Annual Compliance Report prepared and delivered by the County. 3. Consider and discuss unresolved operational issues referred from Operations Committee. 4. Identify consensual draft amendments to Road Maintenance Agreementfor presentation to Elgin County Council and Local Municipal Councils, such amendments to include but not to be limited to subject matter of any resolution of operational issues referred from Operations Committee. 5. Consider and promote general compliance with provisions of Road Maintenance Agreement. Composition: Chief Administrative Officer— Elgin (County) (or designate); and, Chief Administrative Officers - Local Municipal Partners (or designates). Meeting Schedule: As required but at least semi-annually, including as convened and held in conjunction with any regular meeting of Chief Administrative Officers of both Elgin (County) and all constituent Local Municipal Partners within the territorial limits of Elgin County. Agenda 1. To be prepared and circulated by Elgin (County) Chief Administrative Officer at least seven (7) days prior to next scheduled meeting. 2. Specific agenda item requests, including relevant documentation, to be deliveredto Elgin (County) Chief Administrative Officer at least seven (7) days prior to Agenda circulation date. Page 85 of 146 BETWEEN: EFFECTIVE as of the 1st day of January, 2023. CORPORATION OF THE COUNTY OF ELGIN -and- THE NAME OF THE MUNICIPALITY COUNTY ROADS MAINTENANCE AGREEMENT Page 86 of 146 Schedule 131 C 0Ill.J IIKII ""'III"""'7 III'°2 " III':) S 111�A, flKI ""'III""' IIIIIIIIII'��. III�I , III�I �� IIIIIIIIII'��. , a.� III'��'���, IIIIIIIIII'��. IIIIIIIIII'��.111��1 IIIIIIIIII'��. III�I ""'IIL.... THIS AGREEMENT made effecflve,....m quadruplicate, as tj,lln"a 1 st...fl46 day of JaI llUaIf' .,. 3 BETWEEN: CORPORATION OF THE COUNTY OF ELGIN (hereinafter called the "County") OF THE FIRST PART ...........and .......... NAME OF MUNICIPALITY ,,,,,(hereinafter called the "Municipality") OF THE SECOND PART WHEREAS: a) The County has, by by-law, established certain roads or public highways located within its boundaries and, further thereto, incorporated such roads, highways, and related bridge facilities into its arterial road system; b) c) The Municipal Act X ..1.. 'wb ".�„ �(� 11 �p gull u a 1.," ,i III l., u " uu 1 „ " a III r . lu u:ru ull II.... .... (����u�:�-t:�rw�l����i���:�) permits a municipality to enter into agreements for the joint management and operation of, among other things, a road system; d) By Order made by Allan Leach, Minister of Municipal Affairs and Housing on May 15, 1997 and effective January 1, 1998, the responsibility for among other things, maintenance of the County road system was transferred from the County to lower -tier municipalities; e) The County and the Municipality as identified above have reached agreement as to the terms by which the Municipality shall undertake such maintenance responsibilities in respect of roads, highways, and related bridge, C...lLflv.�. i t,, n..ail.11.�..l....�'I.il.:a. iil.11.a.g.���'��'facilities incorporated in the County arteii:4 w I road system and which are located within the boundaries of the Municipality; NOW THEREFORE this Agreement witnesseth that, in consideration of the mutual covenants herein contained and upon the terms and conditions expressed herein, the parties hereto agree with each other and their respective administrators, successors, and assigns as follows: 1 fi Gcn!! ul k:�!! ul4II ...E i.` i �9� �i V h � �� �m uu71 � u �I���...n�� u�mu71 n;w�u71� ul��I � n"�i�In"��i171 n�� u�mu„p �m lln"'� �I���m��u�„u��mu"71� ��m .��llu� " � un" g I�rnI„gu"71..,. i i li I S 1Ihlln�� h2.^�Ir�lln���°� Illln�Il��t�;m n���u���,�„ �Illln���� �Illln� � ��u���uu71� �gpu7ln° u,�lln��„�°� �m� �°� �� Ills �I�m��ll�°�Il�mll7 � uui IDUt aue; �. :mllllC) ']Il. u71�m�. a"71„� en„Dull Ilulrmlut��I m tIlll �� 0 Rig II u]7 n° opgllut. �gliivii tIhiie Seiivu es I!Dt.I i�l s AgiieeIrmlei,it t�;m tlii tnu71�n'JRCmtIluu71&l...�Illleuuu71 u11"71°:IICIu11712 ^u71�1 WlIleie a i°nll!Il� t�.'f�) �Ihll �Ihllell:il. CiLflI'If''`IIII� I. 11 llll"1U6 l IIn"IIIIIIt�'` �' yyyy a �� atn, 11 �' @� bQtlq l� hq � �b tli � Q I� II��M�l"�l n�, 71utu malujll�„p;,ul)�A ull.0 LIIJ11:11e1171t1".9� grg�° Ijb.&I uu71.... 0 F''e„ganas aIrnIu71�I&ia euu7�1ttII°ll&a..u�1 I" uu � w�il foil, �„a � . �. r^ w w p�w � w ws w w I'. s w p w �w 6ailly ���Ihlln�� II��u 71un° uq�n�willu�. .�lh�lln.�llll � I��Il�ii.���� l�� �Illln, u��l�����ii..n° �� �� n° �m. 71�� 1��16�.IIn ��� � I L� �.Il�llu.� Diu n �.:�I��I� a 71� �.,� m �Illln;,. d r . �l llh�Ifh" IIIIIIi III s w 1 a�IIIIIIIILlla�l C)��Vh"'�II'n"�fli'liI���... gr ,)st yy fi y �@. y y y y II II �@ y w fiw� tl;:q �l�� �I tlw;q � �� bQtl q l� tlg �,�b tlq�b �'�N,NQ I �I,� bl����I :.Q M��� ��„i, fl LJ :::t:LJataiC�mu"7l S. ............................................................. I lllln� yg tIhiie �fuscii�etjt mu71 n i,ii�l �11n�,�,lil!�,.�ullut. Ism tic �.. � �� ��u71un° ui�n��llu�. .�Ih�pn���llll Ihlln� .�, �,�n�I�����ml��l��I �Illln.� �un��u�. ���s. Page 87 of 146 ff,t p^ y y in y ,@ y ,t y y tl� y II II ,@ y y y y ,@ . �I n I � '� � '� nib �'�" �b A �b ��,�,'� � '� I �� tl �q �b Q I � �`�b Q tl q I � .q � � �b � '�,N,N Q I � �' � ',,,,,,,, I � � f 61,11 „tl q f � �� �btl q Q se �',,,,,,, y yy yy y IIII IIII „yy p^,w ry�y i y y,@ p�7 h n nw; ! n," t�,) ilhfln,"� LJu 11u6u 2,n�� t ^���.: �� mu"7in,"� h n .,�n,"�� I ! ....t1,111Js 6d�� II� tlgII11IIIIN,Ntlq d ��IIIII �� II II btlgQll�� d l Il gI`Irn„l`Il llff Ils II llff`II IIded, td )....gll yIl�,..w ufallii, `""l� )II.'I,ulff a� N l� `n�i .l.l.„.n ,.�IuI IfIl@dI Il"lfU'...� „.�Il� `��.. II .L....ff , "u"'7(,`IIt @ )I.., llh ul1,tj Ih2nffgI wve,ii "ff,` ap�n)&t i It`Iia I`II@k 1``f/l"s t@)IDh ., u�o'ed1 11 fe I ( uluI�nJJt ,g,.. hflI fu .. I'll .� Ihiie IIM U 1111 u C u h2 a Y YuIIII I'De eii, iiltlltlle,l t.Iiie c e!ve tlh,ii e ffUllll a iC)U11lllff d.gff aII111111Ua c 11 111sai.u"�iI. as m ff I Illnff �I f . ff t��1 ft„ iigs,h2ggj,ive �ff ffufluflU ll Cm�� Ifff.uffuu..� )st y fi y y II II y ; 1 s� y y i y fi y ,if�, I ff �a �,,,,',�a �I f � � I � '� I � 1. I �.�„� N,N I �I � � tl' �q 1, �b I tl' �q I tl' �q M�� �tl q I � � ��. � � f �I b ���" I tl' �q „I �I tl' �q �I � '� I I f � '� �'� M� � ',,,,,, nullulln C)f 1`ull lC)111 Cll„l �nl@�l ll@I I111 a `6 I„:"IL, 0pl h 1111 U .11�11fl.. . wa fl h� g,[1 S LJ C II 1 0. 2.� 1U 11IIII II IL mall d1h2gIf'gtK)Illl„ a aallII@; bll' II"h`SCAPIf'c h` a as III �p�'fl@ x )sh'',s d'eelms If h'`a"asd Xl flu,abe.:. s ":; ll'"11 " �';1 L" I : s 1.2 At re.e.lument e following schedules,,,,, are attached to and shall form part of this Agreement: (i) Schedule "A" referred to as a detailed description of roads and bridge/culvertll I�nllElggg facilities for which maintenance repair services are required....1.it::�L...�t��.:��,ll.�"g'....11` ..L'JII'lll.!!.���°°.l.11�.^°�'l.11.l:t�y; (ii) Schedule ""II`" referred to as a sketch identifying location of relevant County roads and brid e/culvert/�liialii,ii uu: g facilities liu"71 l:ll.fle II" LJ11"711i6ipglllil: (iii) Schedule "C" referred to as Scope of Services.,. fq� �...Il�ffh�u �;:��.�;��rwx�.d������1....S.yGte�Irm1uRG44i.114g.....N1..ii.1141.U1. ae Sff.awutl@i11:4 , 4Y ff.lh4e Pli::94�4Ge 9f Qu#ai:4,9@i, aG AppeF444- 1- wwff:dlu-ff�u (liar Schedule ,,�.�.D" a effeii red to as Il i��inff:ll-i,l u°° y2: i,c F:,�:)u Il�n,a,t: .......................................................................... (urn(') .... 'w;c['iedurllr ��II referred to as ff"la,y� I ff.ilflff h rm1 a,FI-I" �°,ra9ur.�d 6ge� l (.Y......................._Schedule., rru ....w;rAll°rffurll ''II l. m2ffreferred to rurua( (ru„r larr.�� rruu' ......................................w;rAll° rffurll 'G referred to as 'i(ear ff 11,,71dI F�IIIIfInullflr oaatate,irneuflff 2gjj ty t2 Q,C)r�ll"71„l � �,d:),L�°min��ut rruuu' fig: -fleCk llt .... II N f effeii ii ed1 ffd m as fflhie Nii,iteii F;N,) d'�... �un��ullff .�.�� Use a��III IId I " fiiil"71teii 0'mu'711.,n:)ll 0,2 ��Ifa' ffud mu fl s .�.p..laJ.�°gL:s'..flI,b.II..l1I1..11 ",' iILl1...�°^:....F....�m?.11..1 7rw�..t, (v,)(IIx, Sc['iedur e '�„'„II' `°E 2 referred to as Quarterly Inspection Report (Q.,1 1111,t 1,d1) Il r u"71ur uhrgjjt; d mlf ni'at; rn�ll (,fSchedule V referred to as Ieii m1 a d off,...FlIefeii eu fIr e OI rIfn!ff„ff.udmu"f1 d mrm11 m1 ffff gufld l(dr8°u".ffl:.uff. ff r Gn ut I";/o;f Nun R�n: p�! b 11 t Schedule "J 2 G..referred t0 as ..fflf"n1',1` �eII`Illl'„ G'rIt'll IIII'Il.r: -admITIIT1fftee Stara-d llff ~whGd....M,rwauffate.u;,��.�w�uiw::::ue......iFl`,(�9Ge. purposes y p ""C (including the appendix thereto) above, it For ur oses of clarity and with respect to Schedule is agreed and acknowledged that the obligations, du q higi �:�„LP,i1„1:: eii ties, requirements, and standards eiili:�� must be read and interpreted in conjunction with the (;,�„)jrn,p„l,gt;.g text of this Agreement,,,,, uuflrllrj(:Iullg DUt 1111C)t IluimI tee 1 t.,) s 1 1 alb� ,)ve as r e1 as esln;wgl!Nlus°,ile l h EI 11716u2llgn ')JI"71tI1 n� t uu711 �upEgIaludmii, 7l 21;4 .... Ii m1e rr -dwei4t. , Agh eepn1 r4,, urwauNll ff,. e ii11 �� a wffllll�:ul..� e)� eG�Aed..l: y bGfl4lff,111!!teGw114 flue ff d fRA11 G)f a,r:-... 1imlerH -dlpg Agreepn1 Hu,ff 2..3 .0 Definitions 24,112,11,11.111,11"",'ll""I'll"I For purposes of this Agreement A71- 1 "Road" "County Road or ""Road Allowance shall have identical meaning and shall include that area of land comprising and recognized as a qlIlwr„II„ii� road allowance at law, including but not limited to the travelled and p71p::.nµgrr„ggllll„gg1„ffN,r:uww�:.uRd;1 portions of any road, highway, street or public right-of-way. ZQ 1 '°°County Superintendent 2 shall mean the Director of Engineering Services for the ';.d�,:�:ffud�:�,r.wu�.ff;ii�9f County of Elgin or his or her designate or designates. 2....Zg.:92 1 ,° '°"Municipal Superintendent"2 shall mean the Manager of Public Works for the Municipality d dff' 2 or his or her designate or designates. 3.0 Term 3.1 The parties agree that this Agreement shall come into effect as l,g;4�&u4 the 1 st day of January, Page 88 of 146 20232019, which date Sh@U hS[SO@ftS[ be referred to as the 3.2 This Agreement shall commence OOthe and shall COOUOUS Urdi| the 31st346 t day Of OSCSnObS[' 202 teii ; provided that the 'bywritten Agreement executed prior tODecember 31. 2027. may extend the Term hereof for a further five (5) year period, commencing on the 1"l day of January, 2028. and ending on the 31s' day of December, 2032. 4'0 Maintenance/Repair Services 4'1 The Municipality hereby agrees to maintain and keep in repair those Road Allowances and b[id0S/Cu|vSrtfacilities, @Sidentified OOSchedule "A^ and Bhereto. 4'2 For purposes of clarity, attached as Schedule to this Agreement is a sketch generally idSOdfviO0 the Roads and b[id0S/Cu|vS t@Ci|idSS which are the subject of this Agreement and the maintenance and repair obligations set forth in clause 4.1 above. 4'3 For purposes ofclarity, 4.3.1 where a County Road intersects a road owned by or otherwise under the jurisdiction of the Munioipa|ih/, the continuation of the County Road to its full width across the road so intersected isconsidered part ofthe County Road. 4.3.2 where a County Road intersects a Provincial Highway owned or otherwise under the jurisdiction of the Province of Ontario and/or the Ministry of Transportation - Ontario, the continuation of the said Provincial Highway to its full width across the County Road so intersected is deemed to be part of the Provincial Highway and not part of the County Road and, as such, is not subject to the obligations set forth in this Agreement. 4.4 Subject to 4J01c) below, the Municipality covenants to perform nO@|OteO@OCS/nep@i[ SSrviCSS upon those Road Al|Ovv@OCSS and b[id0S/Cu|vS facilities identified in Schedules "A�2 and ^B �� hereto, times sd all utilizing competent supervisors and workers propedytnained in the delivery of road maintenance and repair services as contemplated by this Agreement The maintenance/repair services to be provided by the Municipality are as identified @Od/O[ COOtSnp|@tSd by the Scope of Services S 4.5 Road maintenance/repair servoesinaddidonb»theGoopeofGervoesidendfedinGohedu|e ^C^ may be performed by the Municipality by mutual agreement between the Municipal Superintendent and the County Superintendent. the event that additional services are required by the COUOh/' the County Superintendent identify such services to the Municipal Superintendent and the Municipality, through the Municipal ��UpS[iOtSOdSOt' h@||have the OpdOOOfSi�hS[SSSkiO0�OpS�O[nOsuch work O[declining tOperform such work. to pSrfO[nO such SSrViCSS' the yNUOiCip@| Superintendent shall prepare and deliver a written cost estimate to the County Guperintendent, who shall have the option of either accepting the said cost estimate or rejecting such esdmate, in which former oase, the accepted estimate shall constitute the mutual agreement for such additional services between the parties as referred to above. In the event that the yNunioipa|ity, in the first instanoe, rejects the opportunity to seek to perform such additional services or the County, in the second instanoe, rejects the written estimate prepared and delivered by the Municipal Superintendent, then in either such instances, the County shall be at liberty to arrange for the additional services to be performed by a third party contractor other than the Municipality. Page 89 of 146 all MLJ11'11�622�� In those circumstances in which additional maintenance/repair services are completed by a third party contractor, the County shall take all reasonable steps to ensure that such Works are at all times rendered by workers properly trained in the delivery of road maintenance and repair services as contemplated by this Agreement and otherwise overseen by competent supervisors and, furthermore and at all dmes, that such Works shall satisfy any and all applicable provincial @Od/O[ standards, whichever iS higher. |nthose circumstances inwhich such additional maintenance/repair servoesareoonno|eted by the Municipality and the Municipal Superintendent is of the opinion that certain road maintenance/repairs are of an emergency nature and that such notice to the County Superintendent is not practical and, as such, the Municipal Superintendent shall have the right to arrange for and complete those emergency services and shall thereafter notify the County Superintendent within the next working day of the services so provided. The Municipality shall prepare and deliver an invoice to the County for such additional maintenance/repair services, including any such emergency services, in accordance with paragraph 5.2 below and the County shall pay such invoice in accordance with paragraph 5.3 below. 4.6 the Scope OfServices set forth in SChSdU|S "C" UOiCiD@ @O0S by the,Of Ontario, the County Superintendent and Municipal Superintendent shall review such iOrelation tOthe Scope OfServices to dStS[nOiOS whether the said St@Od@[dS as by the P[OviOCS of Ontario are greater than O[less th@O Ofthe Scope Of SS[viCSS � In thiS [S0@[d @Od iO the event that the P[OviOCS Of Ontario @ th@��(a[S)higher than then the parties Sh@|| adopt those higher pSrfO[nO@OCS St@Od@[dS and, present to County Council and Municipal Council any amendments required to this Agreement. 4.7 The County Superintendent and the Municipal Superintendent shall each advise the other of repair and construction works that are scheduled along both County Roads and intersecting Municipal Roads onanannual basis topermit the Municipality the opportunity toarrange its work schedule in anticipation of those works upon any County Road. The County Superintendent shall also provide to the yNunioipa|ity, for information purposes only and immediately upon granting of such permits or approva|s, copies ofany written permits or Page 90 of 146 approvals which are granted to third parties by the County Superintendent in respect of work upon or use of any County Road Allowance. 4.8 Without limiting the maintenance obligation of the Municipality as set forth above or herein, the parties acknowledge and agree that the Municipality shall not be called upon to maintain p Y ...w............ 9'.!L:^.il.il.a.^.�.. facility or highway bridge/overpass and/or repair a ount � � mn�.��.I�� d ��:"� brid e/culvert„ pursuant to this Agreement where such County ( mn. a 4;�? nw �„� , bridge/culvert/�Jii.:.aii 7iagg facility or highway bridge/overpass has been constructed and/or reconstructed by the County or a subcontractor retained by the County to a condition which would fail to meet established County standards for such County Bggw :J6Gad, bridge/culvertl�, ifiia. ii'liagg facility or highway bridge/overpass or contract requirements for such construction and/or reconstruction, tI:iin t tIhii� III" u7Iu ui n llu� .. �Ih�in llll � �ml! Ilii �� ��I ��,.� ���m i� �n��uu7��n uu71..."ai'i� 1/�m.l.e S"CIh1i Q )U 1111 ty F? )'a;„ I,' uu� e/CLfl eit/�Ii�n� uu7�n�������'.fgg� llut�. �mi�� Ih11igL� L��� ...11Dil ����'./,�m����i��h�„n.� � � h���„u ���n� 2,t; t.��m �.LI� ,� ��ui���������iim�ei'it at aI tJiTes afteiir SLJCIh11 liu'�7ifun..StIl LJCtLJii e Iliin. s I!Deei7i aeime fonw���te� I t. m nw� ����mu�7��IV�.u��mu�7� tx') iTi�.��. t �.�m�t.n.:�l!�,.�Ilus� iiesl .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. ��"C),UI'll,t jn E]I�J���i�C,IS fC)11�.. SLJ Ih1l..� ��"CIU,11�71t. �@`�a @�I.Duu�i�����/���Il�����i���„l�1i1�n���uu7�n����������� �n��„��ullIt" .���mi�� �1iu�����.111i� P u u� i� ��/@ ��;/�''„II i�Va �""a""a ,@ �If' � �@"III"II'�II a"�� � If'�.�� U.�IIII �`II�'`II II�""a ll� III" ""aU.JI���'11 II II IIII�IIn�w�� 4.9 Further to those maintenance obligations referred to above, the Municipality also agrees to provide routine winter maintenance, including but not necessarily limited to snow removal and sanding, of highway bridges and overpasses not owned by the County but connecting at least to portions of County EiN;)&Js4-Gads. The parties acknowledge that such highway bridges and 4.10 overpasses are identified in Schedules A and " "" to this Agreement and that such facility shall be maintained in accordance with the Scope of Services for Elgin Road System attached as Schedule `„`2C,":",2 to thisAgreement. 4.11 Notwithstandingthat set forth in s � above ii eSC,)ll"� �eI ')W, the parties further agree that in the event of a dispute as to the interpretation of the Scope of Services prescribed by the County for the 9 Y Y p nw��:tIii7�m......!::'.nw-.m.11:1.^w'..P:.IL .. shall Elgin Road stem, the decision of the County Superintendent, ii m prevail. 4.12 The County and the Municipality, as the case may be and in respect of the various obligations, acknowledgements, and agreements set forth in this S GeGtlioH4 4 above, further acknowledge and agree as follows: fu�lhi�m" � IIui�T�u�.uu7� � �.Il1i2 ��� ups inn llu�� � g tj'i t set k')i��lh�i n�II��CV I� i� � mc„esshalf:...�u����� ana 9 rees � m ��� min uu,71..�.� b�:) r�, fflhiie, I: �� :;. Municipality hereby specifically acknowledges d that, Uu7i11ess..�mf�.Ilii..�, iiw�� s iiu'i���Iucat��,��J, the maintenance and/or repair works undertaken upon County Bg2s1s Gad6, bridge/culvertl�:fii.:.a..pii'i.agg facilities and/or highway bridge/overpass pursuant to this Agreement shall at all times n i i� J iiu 7i a,[11 wayy,satisfy the t],i i,7i„ C "Jui ii eii i t stai i� Jn ii � I s. k4u'nah�#4u114 @iw(;Gu,* her..aid6 @i14d f,r..aW",mllut.He6 @i6 established I,w.�.y......�f�.l..Il.�e�"���: 1111�': nii,ii ce 0i'lita.lf:u�')..pursuant tothe Municipal Act, n u7���1/�mi�n u7� �����"IIn.:�u�mu7� 2g��2�..tIlei�eUll7 eii:.A. uI'll C1IU ( I ,U,t �..�urnjt&1 tam fl-i�)se �tnii7J���s ��t��lsi�J ai'i1 iirnUIll11Cu7�iii IUII I ll„ (Qu#ai:*-)::. The Municipality hereby further acknowledges and agrees that its road maintenance/repair practices are of a nature and of a quality to satisfy all n �.Il n��l!��IIe statutory n u 7��'�'�'���/emu i� ��`�m����� " .... 9 !`' n.' 'ic���ff:��'��� M�m�rw��.wi4t:�rw�Wlii4 or h i Y � � "� n�����mobligations ations �mi�� �°��n��'�..p7�� n�u��� � �mi� i��n��uu7i��� u7��: repair a highway...2If::...^:w..' 4.11.2 The County hereby specifically acknowledges and agrees that, in arranging for completion of works upon any County (wm„nµ„;„u bridge/culvert facility, and/or highway bridge/overpass, including the construction or reconstruction thereof, by a third -party contractor, 4.11.3...it shall use its best efforts to ensure that such works, by design and upon completion and acceptance, shall satisfy all applicable provincial and/or municipal standards for such construction and/or reconstruction; (a) ...it shall utilize appropriate contract documents to satisfy the commitment set forth in subsection (a) above; �tS°114Lll..�Use ts I!Dest...�effiXits..�t() h�i���) I��� �uirm��.�ll u�7��m�u��u�^������.u��mu�7� �.��m„�IhII II Uu7�u6upgIlutI!D„1Ifiie �mf t]'ie ai'Itj6ggtg�:J tJinIJi'Ig gu2 i �gtal C)f LJC11 WC)1j S m ,b,e h2� i��k'Xii'n�������I I`D„���..:�IlIiuu�l i�.�n�ir� ��mu7��un���� ���'mu� "�h��mii�7� n.:��l�7l ��12'"�u2,i, E,2119�..:"�,, I'�ij�aJ �2 / g "U.Il.�����i��:���� (b) in circumstances in which deficiencies in the said works are discovered, it shall use its best efforts to seek correction of such deficiencies by the involved contractor, including through reliance upon any warranty provided by such contractor; provided that the County shall at all times have the discretion to choose not to -------seek correction of such Page 91 of 146 deficiencies by such contractor or in reliance upon such warranty but to seek correction by any other contractor or through any other arrangement (c) during any period of time to which a specific warranty from a third- party contractor who uu "Ila,g,, :� facility, and/or completed Works upon any County .(..w...^.1..h d:,u�:,l bridge/culvert .:.!!..^...il.:........... highway bridge/overpass shall apply, the �������.d����:���::�:i��,...,68���.'w���llll.....::�...1f:���a����°"I�:���a,....�i:dh���,����a�.... Municipality n u,.e(]Uii &::: to perform maintenance/repair services as contemplated by this Agreement to improve the condition of such Works to meet any applicable provincial and/or municipal standard prior to such Works being accepted by the County; provided that it is otherwise understood that the Municipality may be required to perform maintenance/repair services in relation to such Works as contemplated by this Agreement in circumstances in which the applicable standard had been previously achieved as of the date of acceptance of the Works by the County but that, by use or otherwise, such maintenance/repair services are then required to again achieve such standard; () V�Egy� d. , . IIIIIn� II" LJIIII � u���nw�lluty, I!D ff.11,i Ill ""alhlln�'�.IIII ��""an'� Ill""a I�Dh'',�°,l h'`ll@llf't�'a t@ )... ���� llll"I(lleII Ild �.. lu u� n�lud,;)u"II l.dm) .. @.�:�� 11 s ��l�nld 11 d mu l lai,JI e ai lll�W !f:" s I!D .p„„ ...""111 11I11 II ald,nll If +r„@ ..u." � n @I �l lun a 'lulln n n.u�� , �da...l`� �)11 nlullllul!����t;e� l ldn tIIIIn� �a,n l �nll all gt1l'ieii n �nlllltilnun ld)11,.. Ih11 llh:ll �u h � l,Lnuullt t�b a ... n �11 If'ai IIt d")If' II"II@'�"�� sat"JIsfac ld 111 11 h aI II II @ nlf If n �I In Udall„n"ullld )11II d,;�nl SLJln� I11 d ln'�ln' ct nll d �n `llln II n n" we ` n'����""a tllh'„ II er^aU.J!...�tn.:�ll"II . �;� bl7(1117(11� � II Ill @ nll..,,, � .l( G"^1111'�G"^IL.�t ""� 111 rl l i„u a"ll (l ,llll g]� I ll' s " ! IIw 'Il II h' 6 In. h' YII I'�II I � 'Il II IId Il n llll" d bl' lln la llld bll ll a a If'd � /Ild lei l ld m„II I iieii'h `II II II II II II If'h Js sa ul l (ad"n�J I'Il 1. „ rnla� i,iln�ullai,i s r h ... l...l�� III II �)& ... ,,. l ud nl.liillag nunulllll .A.a!I; (e) upon reasonable demand by the Municipality, the County shall produce to the Municipality any records relating to inspection, deficiency correction, and/or acceptance of such works by or as between the County and any involved third -party contractor. 5.0 Payment to the Municipality 5.1 For maintenance/repair services as contemplated by the Scope of Services attached as Schedule "C"" hereto, the Municipality shall receive the annual base payment of $ +' XXX for services rendered during each calendar year of the Term of this Agreement, provided that the said annual base payment shall be adjusted on an annual basis, effective January 1 of each calendar year of the term of this Agreement, commencing January 1, 20XXI in accordance with the Consumer Price Index (CPI) for Ontario (All Goods) for the month of y 24.. October of each year, commencing October , The Municipality shall submit a � ;".dm��l�w summary invoice in accordance with 1Ih11n� snulrnIhaIIg n �� I:��l�u.... ���attached as Sn 11& ufl... .:. hereto to the County on or before the 101h day of each month, commencing February 10, 0 ',, , and continuing through and including January 10, 2028 and in accordance with the monthly 9 payment correspondingmonth) percentage of annual base a ment as set out in Schedule attached, for such services rendered within the previous calendar month, such invoices to u "Ild as Leg„g &1,,, be accompanied by the following reports: 51.�� ... °�ul�llpu,Jl. each such I�°ml«nulll 11 ....invoice, 1. llh�` �J!p�llun uh�nu ply° �°,�lln�:l.. ��d"nu"II�pII�I��I l�lln:l � n��lnuil...�°, «n nu:.. e„us1....dnullea.. �!LpII ,h n udnu"II d"nl..Qd"n I'liit E;',C)'1Cis nuulld''l Il uudl ll�� /n � Il al�ulldllln uullnul�l� ...)nun Illllllll. ,„us.�gnullleImgIglg� I` y m l.Ihl1u nlu l„I�ml ulll nuull�l n mlml� ll ��l � u�„Ih11uu"11 l.Ihl11� �� [2,y� 1, m)LJ °, irmlC) III.Ih�l1 �� �uu�m��� l m � Ih11un�Ih�11 LII�aI � uu11����miice l l a turn il�ll ,h n �'pd nu ll ai lll'l t111n � u iliarnle d if tll ll � l�l�ll� ,d nll ll n°;d nl mlh�ll ll.uu"II��I n'uh�;�ll„Iln��°, II II II a, Il��dauulll�„ III 11n� d��lnwuln� a�ulld ��� nlllllln q l 1 a l 502 dnu"II d"l„u Ilse nlf::e t111e 1.O'll1 Clay,)l ball Qgt,12,�gIf�i gul lg.!I2� 2llly2,f t111e � eiirn t.hllus nliieeIiTln.�u"ilt U1....lLflualhllIf:Immu....uulln kJ(....uulll wln.:'uu2unuE...,2 uullsa.. g)lmlirmlulln uu7lul , 20.2. 3XX., a QUa.ute,ii " .a4149,Rtl:.'Iy Gg'U'R ty Road fd;llllll.... �, nod"nu"Ilt.lei nIp�lgt � 1 I!D ,l1111 „ Report���� detailing IIIIIn�� a„� Il��un ��'.. ul""I'mll7lff ullldaur I �nu ��II7Ihll"a l."il` %LJIIIIIty."I'lld. ,. ,�rv'�ilrwMih•R""�•1.h,":�8�•"�nwMiB��"��":���f'hi:�h�i„dhiF G l ��.. h-����w���;�°, I��,.�d �l.11 a Il�II ud l�u-!n�l during the previous flI llu ee I mgu"Jllll 11�llllIe pg:il ud nn 1 ^auLJCII11 Bggl nit t(;al a �-d lar rnloi4tll d l al:ulll llll"w u....aii led to be pu g.ggnu e� l ai,il� l s In Illve lii e:fil: ru ,d il:ed in the l )il::l° at setfoi°III°°ll liu°°rl lwbcII°°rlecfi.flle II°°rlereto ................................................................................................................................................. ally ....II l�ell,DuLJ!null . 11"5l.Ih'11 ..lnl ead-ii1 n nullnlulldlnull .. °ggE, 2n=u" gl 11"Il9..E g�Eu.l.'E I� , 22m,nuulld nlll�.uuml, l.11wu n III !au""l. n rwlll wu;l..uil n «nIIIIIIIII71ue�IIII"III l.d1,l all II Iln Il��dluu„nl En�I!��II�J!nullj„� 1�2� n�ulldla,.. a°�In�Hu-la4u avun.l..rwuw s h!s s4enl in accordance with the format set forth in Schedule ;, l hereto,,, I(enull l., IIIld1 l uu"Ilaulln" unlll SlaleIrnleullls, rmhaler:4Is.. u@ive DeR- by Naue�44Gup�a� :Iy lii4 ff�G4o4oi4q �.seil:viGes .GR G &ue�+II u l ° R.:o-rc..ui d l s d u-II �II amain) ....1II u e P �1:�=e 1,1-I4ue�+G G a le.r td ai II 11l. �4i'F�11:: pl,1@ite11:iu4lG 1�Iiep94 de44llli4g la:��e v,94HgHe a, alrmlqu49f 4uul.e. �ml4a�G 6G 41,4pZed II".Y :lll-e NIL-44GIIp,alllty hii4....I.IIun, MCI.uIIIIuI:. uur..ullur II" rwIIIII.... 1 (;9-6Huy l..lor..xudlG...duu :iiIu.lml... p1eVIl&U6n alenudla.ainud Page 92 of 146 detailing total repair/maintenance costs in respect of County Roads, for the previous h (iii) calendar year, h O 5.2 For additional nO@iObeO@OCS/nep@i[SSrviCSS' including emergency services UliO 00 days of completion of such ' the the County the wRd-extei# of such and CDstacalculation h@��SS' The County shall forthwith pay the nnordh|y invoice submitted by the Municipality in compliance with the requirements set forth in paragraph 5.1 and-5.2 above, provided that the County shall not be required to pay any such invoice submitted by the Municipality which is not in compliance with those requirements and/or in respect of any invoice item which is disputed by the County. In addition and for purposes of o|arity, in the event that the Municipality has t@i|Sd to deliver G+*;Hin@i::y reports as COOtSnOp|@tSd by either paragraph. 5.3 51above orotherwise failed to comply with its obligations pursuant to paragraphs 5.2 above or8or9 below, the County may withhold ten per cent (1O%)ofthe value ofany then current invoice and all subsequent invoices as rendered to it by the Municipality until the Municipality has corrected such deficiency and brought itself into compliance with its obligations pursuant to this section and this Agreement. 5.4 For puqJOSSS clarity, the parties hereto acknowledge that payments nO@dS and invoices rendered hereunder do not affect assessments applicable to or charged in respect of Municipal d[@iOS established pursuant to the O[@iO@0S 6.0 Insurance Page 93 of 146 6.1 The Municipality shall, during the term of this entire Agreement, obtain and maintain for the benefit of the County, a comprehensive general liability insurance policy in the amount of not less than ten million ($10,000,000.00) dollars per incident, such policy providing insurance coverage for and including bodily injury, death, or property damage as sustained in connection with the performance of services and/or obligations that are undertaken pursuant to this Agreement; for purposes of clarity, the nw p::. !L.11. ., rwlW U„UN °°II":U-U„UtU. d policy shall name the County as an additional insured. 6.2 The Municipality shall LJQ.2.p:al.......11..g.�..1.u.g.�..i:G the County with copies of the Certificate of Insurance issued in respect of such policy and the Municipality shall maintain such policy in full force and effect during the entire p::.lTl.'i:,,.II:MI. of thisAgreement. 6.3 Effective a �':)f the date of this Agreement, the Municipality shall require that contractors and third parties which perform maintenance and/or repair works upon any County (wm„nµ„;„uc;�i, bridge/culvert, highway or overpass or traffic control signal or beacon in accordance with this Agreement shall maintain a comprehensive general liability insurance policy in the amount not less than five million ($5,000,000.00) dollars per incident, such policy to provide insurance coverage for and including bodily injury, death, or property damage as sustained in connection with the performance of maintenance/repair services undertaken pursuant to this Agreement. The County and the Municipality shall each be named as additional insureds under the terms of this insurance policy. 7.0 Traffic/Beacon Signals 7.1 The Municipality shall monitor traffic control/beacon signals or devices II�;;m„�;,��.n�te� l ��;)II'll� �,�; C),U,i11,ty s l uup the Scope of Services attached as Schedule � � mn ��.:,..�...m accordance with n �u IIU:�...." ��°� I�ln:... II�UU�` uup� �Ily n���ly���.. C'"" hereto. 7.2 In the event that the Municipality shall observe any deficiency in the installation, erection, or operation of any traffic control/beacon signals, it shall immediately notify both the County Superintendent or his or her designate and the Electrical Contractor for the County as to the details of such deficiency; provided that the County shall at all times inform the Municipality of the identity of the current Electrical Contractor. 8.0 Inspection Q LJp'7ll.Y Mn. llll7�lell7�n 117� ai'i�:J FZepglii �mf....i eill 11��;�:117� III ...I!,. � 8.1 Without limiting the right of the County to do so at any time but at least once during each �:.:" . :: ..r.......� .s.r.....r ....::.. ls.r....:, :: N:. w a ii.....,,, l . r a,��. w.G....::.. three month period of the term of this Agreement, ff.11�ya� ������-�yy����i.y, 6,.Uy hi....� d..Iyy �r..�lU,�l.11�y.,��w��::.ya��..I �.a�I��l�;y��"yya�ya�...� �.���� hep�E?6eIl#at'-k"�eG an �'mll'7i. at east �mll'7�e �����,�.iI �'mcc„asIl�mll7i.... txm I!De,,,,i6 accompanied by the Municipal Superintendent, t]'il �,�a'Kill'It shall inspect the condition of the roads, bridges/culvel ii all11,11agg f.ggill 'iit;ii�.��, , highway bridges/overpasses, and traffic signals and beacons which are the subject of this Agreement and in relation to the Scope of Services for Elgin Road System attached as Schedule ""CIM to this Agreement. The County representative shall thereafter record the results of the said inspection on an Inspection Report in the format contained in Schedule '''II'°° E"" hereto, a copy of which shall then be delivered to the Municipal Superintendent along with written direction from the County Superintendent directing the repairs and/or maintenance works to be completed. 8.2 Unless postponed upon the written approval of the County nw gt a1 i:lillTies wli llillill°7i sNt: f lt ,;,f J I 7IUm.�� I...n°ul hi�I.min �....c�:....� ullllu7l n Illmy hyyuu�mI „71„yll f ' 11 ""a.,,." t U U h2 U.J!.,,, U I y U.JI" a.eP ""'.,,. y @ U67(11lf�ly�Il II ""aU,J!If n U�y� !yv"II� �11 � 11y'� y' �'IAll ffll4ya Nlk,yy4uGliprw flt''y undertake and complete all required repairs and/or p��{p,rw��l�r.�w����i��;r.�w���{pdh� 8.1 above and shall maintenance works for which it receives direction pursuant to �, E2h2 mll Illile �,IetalllS �C�)f SUy Ills W'211 I1,jN!G4ode to the County Sk a �Abl l.l.eR a ePGot Gf G(':)WlP[etu(N4 IIiyU,Ull" U,�„nU[q ¢UU..�' " J a bU ')y(U�:Wll)4'y� (:�,.0) daysdaysof i.11� "N...within ff.11lly. �pUynuy ullw lycUuu`:lly'd ¢�iyI:lyry uy �� . � h:. �y:��a��r���"�a�, 1p����i...d����;���:..�i:dh���,������a��.... a iid....d 1�:�e�GI=iO4. 8.3 The Municipality acknowledges and agrees that the performance of inspections by and the communication of direction for required repair and/or maintenance from the County pursuant to paragraph 8.1 above does not relieve the Municipality of its obligations to otherwise perform p Y g /� u,.nw� iill„nw��m�.'....:�.nw�.n°:�.!LL!I:tJes, highway repairs and/or maintenance works to County roads, brid es/culverts m bridges/overpasses, and traffic control/beacon devices as set forth in this Agreement. U,U!!';Ily Ilyg l..t..@"U"IItt y.. II""a�.UU'`�,U�.@"U�71 � � 71""aj.UUy"`�i III@ U IL..: ^ @ UtU'w""a.... a,'IIte'71a,I.. .e:fi d..e.!I::NLnm;, es....C):f....11" ..LJ.!I'lljd..p.g..L!It 0 .... t east Ubll�llce U U,UII'llll"Ilg fl'ie U UW!!�se UU....ea d'ii caU eIIII@,';Iaii Ill@:UIIIIfIII U;ftJIIf1111ig 1'ie � U'"II"Inl UU....fl-i s Page 94 of 146 bn.mnut, blllnU1ui..h2gIluiAI!Dy iS MLJI'Ij pI.... ally.. dbg�ug1111„ t blllleIl&'11 SI4'IIallll 1'1s pgn" b tj112 d; 2„ :Js, I411ubb411��„ !��Il:.ii�i����� „/�,,;�����u�i�„���� „ „�����...n�u71�� ilI�„����11� q��u71„��� „ � h�lu� h�l...n�l����� ih�l��;�' „��!��G�.'��� i I��ml„�'�.ii��l�� �m�...i.lh-iJs of � r" .. �1 o u ni;..��u n�� uu'n u � Il��bll:�u n bra „ IIiu�All°� b. n�' „� . q d�l,��a d"U sG�II Ilfl„AG�""� r� �kfl nG G ....r� � sfl neG ue.. .. 1 lIe l.,lmn/@ U n/U'`dU ,,I1111 , ,l 2„ ].... II 2 2P„2�,ei IIt„���,�flve sI,i " I III 2II2„",[g. wIf„II„t.t.eII"IL� r^ .. w „ ll. r^ r^ w �U . w �w u di4d�b „„/IIIIdU U`, dd� tllll Il U llb„ m III I411 i1u11 „inn n"bud dull uulln"IIU,Ud�b,lIIl„g I rlui db bdb bull QgI±uUUIIaIf""a....@Uf „ ii,li ° uUe`Ievaii,ii1t `U%ILMS ""at„."Uu11@J„UUUJs fuull@J!Lpl1g , a2„@UteJ UJefiU uei'l1U uesi....0 UUPIfeU"^^flye an" bod )II S U 1111d'beIrt„ Il II11 1171C �/� dll h II„ a 11II IIU�dI DU t i1�11C db ��':b � � dl��Ih��ll �b �d �� W� dll�ll,, s W 1J II11 II�n���°,��IltS, dm p e „�Ilddull(�b °�ub1411 dbn�b„���ull «d� �d;;Ul"InIhUIIU�`�;��d� u�n��I;(r�ln�dbu„���Il....i�ml„���uullbn'.u11„���ulln"�': „�ulld�b/:�.mu un i�„�„!�uu %�dll:..��, �„Ihll„��b.�ll„II �n;.. �dirVddu„bd �ub1411iiu11 b1411 q::71 �,b d�bd�llun� �u��'�'�'��b �U„irIlll��d„�b „�ddlllln d... Zep4 2i4: Il d u71u° uh „ Ilu i.m'm dUu':pb"�°� h�dlln.'�I,�d„ �u �'d..�. IIu 11 b1411e bou uroab oublluil`ned II II n....SdI n���,,�ulle II :" II ne II e i,o IFII°'ieu eabiep , bll°ie sak;i. un`g ddi4dJs/ul1�mt;es s°-141 I!De Ihllel J ai,i1 J hmlqii,ii1tauulle�J III ,t,Ig Mg" � 2u���„u2'g luty 1111 ac o')IIClau11�,��e W lhll. au11�,J i U llS U a 11111b bd��b.� bulle set Ndlrflil ii..p`11 s �-') 0 IlileIl�n��.b�df.��.� 8.1 W lhClCKit Ilurnb.ou,llg 11411 2f itlig fgl�gg'JI'lIg 91111(1 U11' lless exteii1�Jn.' J I!Dy ±g yIJ.i.i.ei,i1 i h 11 ;)n�„ II d d b1411 C����dU a llb I!w U b „ b „„!bull bulgy I „„ � ub1411!Lp 11 „ iul� l.�' 4� II uC,�dd b a d du 11„ I! .IL " d U6 nl„Irmin��II11�°„U,fl atn W lhll flllln u11„��b.:tLfl �� „���II"11�� exteiillli C)f SUdl WC)11ll,,s aII11�2 ally I1�IIs°,, ism 1a�UUseis, ilhll II U ul1u"ui „ Ilub dII11„ II II Lfl,idIeita,,e„ i,il J....gddlnnlpllgj „ IIIL...uggUulle. ,l Irnla.iiIlllbeII11ail;lln" „ u�p..bb/ddu Ie2gE %rmddll ,,s uu11 ii,e,p,gn" b Uf dblefunc°u e ii, ii c uses ullddbe.I aull...�.iieo11d.J.edI U 11,11ulig gI2,, dull `....�du 6nldm.if„e 6"I oll':71i.lh'lllM ;II11dbn"�fo(;on"�IIIIn".„�ulld 1 h UU'„'U blld UII11 „U a �i Ulf'U.'� aU If11.' U;d II II „"I'.Ud Un/U'w „"Il lld II U'`� UR,;,UIf'I b'lIU` bU`b„"II @ Uf S aUU ° ,)ii le, U ilhlle � ddU 1111t; % ubblji,ii1 bade QLJaiiiiteIl Y EIN,) I fd�)11 "s FZep. ,)llb ullext �Vlveiie�:C..��. 9.0 Records 9.1 The Municipality shall maintain accurate records of works performed pursuant to this Agreement, including but not limited to works performed pursuant to any direction received pursuant to paragraph 8.1 above, b.b-ile a en" dlld�sh IId Ube s a e(:]UIIII edJ I!D4 ab�:)ve, „III IId J as uu IIg du g dl� „� ted.:J� °� obblloq;ll� ,r,-db nffwb „wu� �i. b.11�. fd������fM�Ir..�lb. ����;ddu4b.rw�lou�:�ed.b w11 ���„I:4ed 6 `"b ° II�.�II �b:d -, 1i, d.���n�w b.d.b b:ll��.:�ib:, w iiia4:�� the �U „ Il���.�`Illl� � w b�� dn�n ��.w��ipF4Gd n�,rw�lb.. 4b:d4 � � �.�nn�� 4 ��U „�elI uJ#e�w�� bn. i#� ..b.14 g�UU„UU.::�""a �d�If�^�e""a ��oU�i�dUlf���. as IfU��U`If'U`ILII�Ud�b „�. V „IIIi r..Wlllli. I11,r :�iy.. 44e a 4444: lle1i4t. fef meat, dn.,.vek-�pn.,.d by aii4d Ilnleei.Nll g 4Lh,14GNn. G (g KI L-nf-4G a 1i,aa l ty r. d b :b(; q- nH t,, a r d b ff�Gvd �ii4g...at, IImeam„�t b.6 a 'ml e .�II#ofwil at, of4 a -d d beta e:fll Ged b w114b.11.1�e efi,nlr: t Gdmgl.b.a ii4ed:b i,N4 9° 64e 2 P `" :eta. The Municipality shall maintain records of its activities undertaken pursuant to this Agreement in accordance with the timeframes established in its municipal records retention JLlg°�LI4y a,v, approved in accordance with the Municipal Act, 2041- (GIl#aF4o and, further thereto, shall allow access to such records to the County Superintendent or his or her delegate, limited only by the provisions of the Municipal Freedom of Information and Protection of Privacy Act, F,'SO 9 2 c . �� ... �` ,.'rl� � � `°rl�� a �� a u` rl�� i � u , I „ A �� „� �� a �1 u � u.. .. � ... ...,. � The County shall maintain records of its activities undertaken pursuant to this Agreement in d accord ance with the timeframes established in its municipal records retention bylaw, approved in accordance with the Municipal Act and 1:dh:�ete7shall allow access to such records to the Municipal Superintendent or his or her delegate, limited only by the provisions of IINJFJ..FI..FIA !1,,44�-e N1L-n=4n„III,,aa F-hn..n..db&n d,df..b,r:494:wil.at�� GR a ll4db P h::GteGtb.I((N4...qf Pr:.lva GAG:t (QIi4b:aii:ll(4 10.0 Indemnity 10.1 The Municipality hereby indemnifies and saves harmless the County, its employees, agents, and councillors, from any and all claims, demands, losses, costs, damages, actions, lawsuits or other proceedings by whomsoever made, sustained, or prosecuted which may arise either directly or indirectly by any act, neglect or refusal of the Municipality, its servants, employees, agents, invitees or contractors to maintain and/or repair any County Road nw'b..p71;/mp b �u Ld IgIu11agg fan" of fles in accordance with the terms of this Agreement. 10.2 The County hereby indemnifies and saves harmless the Municipality, its employees, agents, and councillors, from any and all claims, demands, losses, costs, damages, actions„ lawsuits or other proceedings by whomsoever made, sustained, or prosecuted which may arise either directly or indirectly by any act, neglect, failure or refusal to perform or otherwise satisfy any obligation or covenant provided for in this Agreement. 10.3 In the event that the Scope of Services for the Elgin Road System as contemplated by this Agreement are found by a Court of competent jurisdiction to have been completed without fault or negligence by the Municipality, or, in the alternative, the County has acknowledged that such services have been completed without fault or negligence by the Municipality, in both cases including its employees or agents, then the County hereby agrees to indemnify and save harmless the Municipality, its employees, agents, and councillors, from any and all claims, demands, losses, or other proceedings that may be advanced against the County or the Municipality arising from the Page 95 of 146 works performed by the Municipality upon the relevant County Roads L� g"i1agg (nag ull tjes. 10.4 In the event of a claim to damages as against either and/or both the County and the Municipality in respect .....of an alleged failure to repair and/or maintain a County Road n„wp 71„/m.p::. 7''a' 'Im g flllg llthe parties shall cooperate in the administration of and/or response to such claim to damages, including but not limited to provision of photocopies of correspondence and/or communication with its respective insurer, subject at all times to any conflict of interest as identified by either party hereto or its insurer. 10.5 11 1,11 II the contents of Section 10.3 above, in the event that a proceeding against the Municipality in respect of conduct relating to the performance of maintenance/re air „,S 1,"sl,G ��FviGe6 undertaken pursuant to this Agreement is dismissed at Trial, then the County �mbf I lg ii4 shall reimburse the Municipality for one half of its insurance deductible to a maximum amount equal to one„ half of the deductible payable by the County under its general liability insurance policy in effect at the date of the loss/incident upon which such proceeding was based. 10.6 All indemnities that arise from this Agreement extend beyond the term of this Agreement. 11.0 Assignment and Sub -Contractors 11.1 The Municipality agrees that the County Superintendent reserves the right to approve,„ g.gt I'lig if:. n , ;mp�71n 11 II � sub -contractors the Municipality retains to undertake the Scope of Services contemplated by this Agreement. 11.2 In the event the Municipality assigns or sub -contracts its responsibilities under this Agreement or otherwise employs sub -contractors, the Municipality shall be responsible for all payment requirements or other obligations of an owner pursuant to the Construction Lien Act (Ontario). Without limiting the foregoing, the Municipality shall be responsible to quantify the value of work performed and materials supplied and prepare progress certificates to show the amount of statutory holdbacks and liens as may apply. If required by the County, a copy of each progress payment certificate shall be directed to the County Superintendent,. The Municipality shall be responsible for obligations to a sub- contractor to certify the completion of the works as required. The County Superintendent shall receive a copy of the certificate of substantial performance as issued by the Municipality and the Municipality shall comply with all notice requirements as set out in the Construction Lien Act (Ontario) for the said certificate. 12.0 Dispute Resolution 12.1 The parties further agree that in the event of a dispute between the parties as to any matter arising from this Agreement with financial implication to either .....or both parties of at least twenty-five thousand ($25,000.00) dollars, then the resolution of such a dispute shall be determined, ufm, ;H4 ag reeii-nIe i# of i,tl s by a private arbitrator, and that decision of the private arbitrator shall be final and binding. The arbitrator selected shall have significant experience in road construction and maintenance and repair and other municipal matters and may be selected upon the recommendation of the Director of the Ontario Good Roads Association. The parties agree that in order to apply for arbitration pursuant to this paragraph, the party making the application must provide notice of the dispute and its intention to proceed to private arbitration within thirty (30) days of becoming aware of the subject matter in the dispute. 12.2 In the event that the parties-,ag�ee i:G proceed to arbitration, then the arbitrator shall be p 9 p Y( ) Y p :f selected upon mutual agreement of both parties within ninety 90 days of receipt of the notice, n��i�IlD� t;Iin��t;'ii�')i'71, failing which each party shall select their own representative, who in turn Il11n��IIIIwfl4�11� select nlar� arbitrator with the qualifications as noted above, and the selection of that fll11p1n,l arbitrator shall be final and binding. 12.3 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990, c. u,,„ 22, n shall apply through the nI�ml�.„1171�����: and the Arbitrations Act, R.S.O. 1990, c. A.24 n:. arbitration process. 12.4 The parties hereto further agree that: (a) The arbitrator shall have the unfettered discretion to decide upon and direct resolution of any dispute arising in relation to this Agreement, FIG Illud�IRg but not neGes.s�a-Hy Nwo wte to the �w,i ..�.re G49 ,n fli ab...:1 the w w i" Il*I ,n ..A g II"e e n;e n t 16)e te a-Rl II n at&.w'i en .a & at a.. �.i ag.e.. ���������;.e+*)., ;.��w��i.....w-;.ase.'r4b.µ. ;....b.t,4i.e....u,���.11���lb�����ll�i��"11��u�������i������a�.�.�, (b) Any award or decision made by the arbitrator is binding upon ti'lle p.gIf.:fip.e sthei;4 and may be enforced in the same manner as a Judgment or Order �X..:tl-i '....0i':il:t^�.il.alg...�S.��.2.u.,:':I 11�'-)11 Page 96 of 146 0':)LJI1::�...(':)f.�w:u..LJStc.e to the same effect; (c) Either party may obtain an Order pursuant to the Arbitration Act, 1991,,u 0 &. 1991, Chapter 17, as amended, staying any legal proceeding relating to the dispute presented to the Arbitrator pursuant to this Agreement; and (d) Neither party shall have the right to appeal the award or decision of the arbitrator to a Court or apply to set aside the award or decision of the arbitrator. 12.5 Unless otherwise agreed by the parties, the cost of the arbitration and -the � aiig.hes. own... -Gast& shall be determined by the arbitrator, who has the authority to award costs payable against an unsuccessful party in his or her discretion at the conclusion of the arbitration. 12.6 In the event of a dispute between the parties as to completion of maintenance or repair works as required by this Agreement or as otherwise directed by the County Superintendent, then any arbitration hearing shall not be scheduled or be commenced until after the repair or maintenance services are completed to the satisfaction of the County Superintendent. Page 97 of 146 '13 0 Qy(:"!irsiii Geii,iieii aII assIst IIii,ii @')ve,Lsjg,L,t ai']@J @')f F?�')&J MaIi'itei'iai'ice A iieeil ei'its ��Detweeii,ii ............ �!!: ................................ ................................................................................................................................ 1111112 .................................... 21 ........................................................................................................................................... t lh-ii e Q C) U all'HI uff.S 0')I'IStjtLjei'it k')weii tJeii -ni,Lj j"j,es,:1 ..................... 11'11,C[U,Ci,u.................. 1,l'iie Wfl'iiji'ii ......................................................................................................................................................................................................................................................................................................................................... .......... ........... .. ................ .. ...... .... ....................... .. ........... ................ .......... t g�]I Wtj'ii tj'ie g2galsl 2gph )se «')f ad'iiueverniei'iit �')f en s')i'iiable Ta�i'itei'iai'ice ai'ii��J epg�il C)f QCMI'lity �Is ai']�J ass�')date�J !S22: aii'liagg fadllltJes uii,ii etU1111,11 R')II faii ai']�J ............ egg tg,b,�,e ............ pgy1Tei'it t�') fl'ie ii'iim'),�VeCl ............ ty, ............. t lh,ii e ,mifies 'ieietx') aaiiee tx') li,mifidi,)ate IIii,ii ai'ii�J SUbse(Wei,it 0')I'ISLfltatJve Mggt"Jilga �')f fliie R'flk')WII'Iig g�')ITIII TIIIttee&� 13 1 1 Q,p,g,� a t ii s Q �',irn rnij t e e .. ........ a,' ii,@ "I'l""I'll""I'll'llI'llI'll",lI ............... "I'l""I'll""I'll'llI'llI'll",'llI'llI'lI "I'lI'llI'llIll""Il":'ll""I'll""I'll",'ll""I'll,,IllI"2 i''I"I''i 111111111111''! ........................ . ............ . ......... ... 13 1 2 G-weii i -a' i (-','C)iTiTjttee Q.g.g.IL.atll.�„"b.11..7i. 0')iiniiiniIttee '13 Kati. � 'Ie t -n � 11 �) � I � i it ............. ... .. ........ pg,� t �� e s ��,ii e ii e t��') ag,[gg ±i g, fl'ie � eii 1 is �')f F efeii ei'ice R'ji te Qj2g,� a t ii s Q �) rni,rn teg,, 11']Ckj(�fillig 9� 1�1) 11'11tei'ii�JeJ Tai'HJate, lrnieeffoulluff Mggtilig 2.12�'ed,ulres are as set foifl-i II ii'q Sc['iedule "J 1'1'III iet«') G-weii i -a' i (-','C)iTiTjttee '13 3 .............ff IIIIe 2g,llJ,es -ii,e,ii etx:) ag Egg t"I'liat tj'iie ff eii 'nis �')f FlIefeii ei'iail tj-iie G'weii i -a' i 1-ni tte,e,:1, ........... 9tx') 11'iitei'ii�J&�J Tiai'ii��Jate, Teet"Ji'lig T221�111'119 '.)rocedures, are as set foii V"i liu,.rl Sc['iedue "J 2" 'ieii et�') '13 4 As ii efeii ei'iiceJ li11,11 Sd-iieClUeJ 2 as ffeii Innis «')f F11,efeii ei'ice R')ii t]-iie G'weii i -a' i (-','C)iTiTilttee st a ' ii �� I ii ��') ii I!D e R') ii e M a ii c II II 31 f eg'ii dygg,� �') f t ll,ii e ff e ii 1-ni �')f ts A ,ii e,irnig,ii, I ................ ............... g ............ .................. ............ ..... mglgtli �L 2924, DUt extei'ii�:I&J tx') ai'ii�J I'lidUCfillig t�g QCMI'lityIhllaullll ............. SLJbl!Tut tx') tj-iie G')veii'ia-i'i(,e (-C)iTiTittee aii Aii'iil'],U,a,�� Q,C),rni 2[j,ali,ce .......... Fj,ej2g,� ............... "I'll ............... ............... 'll","I',I ................................................................................................................ 1,11111111 .......... .... ..................... .................. ik�JJ'11'1 11 1 � g'),!-ni -n,e,i'I,t . ................. U "2 22,[ft')II'nai'ice �')f fl-iie .......... "I'l"lgllll��1,911,��lly�'ll"��'lls'll""I'll""I'l'llall'I'lI ]'I : .............. ............ ........... ....... ....... ............... "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll'll""I'llI MUuICu22lluty ��ii,ii ielatk')i'li tC) tS ClUtjes ai']�J set R'Xifl,ii ��ii,ii tj'ii�s AgigeiTiei'I!' 1111C)t Ilurnil tee J t«') fl-iie R')j,k:)W,i'Ii t teii 134 1 IIIIICJVCWaall'HI SLJI!TiilTiaiiv Il eSiLflts �')f eiT&1u4w�')iks ie(ILJi&J IhDV QLJaIt 111"Is tk:)I'Ii e is FZ,e,p� xi ts �J,e,[Jve,ii & I ��Dy t,Li g ��J,e,� ye,ii ��J ��Dy Q2,g 2,ty tx-) t �� I ............. ............ . .. .... ........... . ........... 134 2 0ye es,ph )i'iise tj'ii e III iU ty �Jefidei'iides a'ii@')teJ Wt"J'11JI'll mu":71ffj'Iill 1111, I'S'Pggjj) 11' Is I!DY t'Li 2 M U 2j'C'i gg ty I Q,LJ,a,ii te,ii y FZ,e,p�')ii ts SUDI!Tijtte� J 134 3 S,U,irni 1-ni a,ii 22,12 �laii'lice C)f M,Lj ty yyjtJ11 Ckitjes ai'ii�J cii eat&J PDy tl]'iie F�')&J llauuullffeilllaullCe Agigeirnei'lit, 'ICkP:JI'ig �Uj [11�')t Ilul,Tijtn J t«') aepgqui'ig If e(IUIiegilei,its ai'ii@J UJe&�H�i'iies'ff 1344 Ei'i(,'ia(,'ieiTei'it Detweei,ii t]'iie D'MI'litV all'HI t1le MLJII'11u61')allltV WtJ'11l11'11 t]'iie 222E9jk')I'Is 0')I!TiTi�ttee ai'iisl its qrIrIeet"Jii'lig; :: '140 NI 0 1 C 1 3 ............. 0 ............................ Any notice required pursuant to this Agreement shall be delivered to the Chief Administrative Officer of the respective parties hereto and at the addresses set forth below: Page 98 of 146 For the County: 450 Sunset Drive St. Thomas, Ontario, N5R 5V1 Facsimile Transmission: 519-633-7661 i:::II Inw fill a"71�m liu"71 ::u,.liu"71�m "r"> :II�m lia"71.ca For the Municipality: "" a c sI rnI I I h'i¢! .... f., ........................................................................................................................... mm p u u 1 � p � Any written notice between the parties hereto which specifically excludes any invoice rendered in accordance with section 5.0 hereof, shall be delivered or sent by prepaid registered mail addressed to the parties at their respective addresses listed above, or their respective facsimile numbers as noted above. ��° %*"1 �,,, . In the event that either party hereto shall change its address within the term of this " , Agreement, t, such party shall provide the other party hereto with written notification of such change of address within thirty (30) days of the effective date of such change, upon which date of notification the said new address shall be considered the address for service of any notice hereto pursuant to Section 14.1 above. 13 4� 13 3 Notice shall be deemed to have been received on the date on which notice was delivered to the address as designated or, in the case of mailing, on the fifth day after the date of 9 y �:),L.....ii m maim or, in e case o facsimile, e a after a facsimile as been sent .....������...R:IL....:Q..:���..���r��.....������.(��'�.�%..�'�i�.....���... ryy�y ��yy y y y "y „ry d y y I. �`6`I(1 tl'w�A � @"�"I �„ I�� I h'"�`dw,� �U.JI ""b ..„I��'^"b ""b �,..h��� @� @'�,"�YJ v" IIN �...� 1�` f'�'`�,"�'`��� @�... ""b U.JI� 'l....��'6`I(i h"q .... 14.0 Waiver 14.1 Any provision of this Agreement may be waived in whole or in part by a party without prejudice any other right of that party as arising from the breach of any other provision hereof. A waiver shall be binding upon the waiving party only if it is in writing. The waiver by a party of any breach of any provision hereof shall not be taken or held to be a waiver of any further breach of the same provision. 15.0 Severability 15.1 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, legality, or enforceability of the remaining paragraphs, terms and conditions. III n:� a".71� i III n:� a".7rff: 15.1 Vailq �)y II � )y y Iw, .y "Agii , gy y s141 De U" w " " ,l1T. blffln�llll �nuu:. wii J"ll1171 n ufl�:I u� 1171 � I! IIffI.' �n if 11 b Sc-iile kfles 16(4, ��ul��..IIG�114��t.�u�,.....A.g .reeii:ne�,f i is greement includes theSchedules set out asSchedule '' to inclusive, and constitutes the entire agreement between the parties and supersedes all prior agreements, negotiations and discussions, whether oral or written, with respect to the subject matter of road maintenance for those roads as set out iil ul 1u4 this Agreement. u.ILgfli1..a.t:UiiL..e,S>....ILIL.71..... 5„2 11s gIf'hh61(1hIIIIt,:i„ II IIUJr.IIII II9 „Iq � `agIf'e(1`IIIIf," � ,P) LJ 1 e,I Q seg g I I & ,Piiii,ii,,, rmin f��.n n" , a h �Iffl �m wlhiijc Ifi.... blflln���l1 �n". h"�@"III"Il.11llh"'`h" �II@�II'll llh"`If'h"¢�\�°v"II�'llA ... I �w w w�:w����w�:� .ILIIII h"�@"�U.JI.II�h" II' �n��.11� b h"'�n,. I "" I '. ` �„II"II �m�1f11�. II II"Iln � all ll� I @ � !�v"' 11 m � �' � h"`h"�P. �(ilh" � @'�� �h" � "�� � �R � f. .Ilhr�'"11 .@"���h"� 'llh"'`If ,'lla"� hr'n. � h"' @ III Ilh""„ a III II@J fl,iie 17.0 Enurement Page 99 of 146 17.1 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The parties hereto agree for themselves and on behalf of the foregoing persons to undertake such further acts and execute such further documents as may be necessary or expedient in order to carry out the purpose and intent of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officers which are duly authorized as of the date first written above. Page 100 of 146 SIGNED, SEALED & DELIVERED in the presence of Corporation of the County of Elgin per: Name: Position: Warden per: Name: Julie Gonyou Position: Chief Administrative Officer We have authority to bind the Corporation The name of the Municipality of per: Name: Position: Mayor per: Name: Position: We have authority to bind the Corporation Page 101 of 146 Schedule B2 C IS e ............. 1 1 nsp!�"gd(211ls servuce II )esC1, r'kon �Rm,&Ine II ills )eCtk) III of II for defects, safetv concerns, and road C()1ICfitk)1Is Servlce 1DetaliIls 11,eTA��Oa 2f ilsp!agd(�)Ils k) cgrnpIIm �Lfll standard ft: A, filegggogm 2f ]�Eay§ P,[()Vudecj for in fllen gjrrent Minimum Maintenance T�4�6 SGG�981, (4 dGSG1'�bE,1, rna��r#er4-ar4-Ge aGt-�V4k-,"S "Slllllltlllllalllllilillill,""cllli"lIll'all"lilil'I'll'Id""Ills'll"'ll'I As..112ggf IlOu,&ne Irgad nsp!a gd(�)Ils, flle MuIil l6pgllity [gpoo't gu]y goo2ggI ills Wfll f ! asIlina [)eacons traffic slanals or )edestruan crosslnas to flle Cm,lntv Sti2gu uii"iiteii"iideii"iit airid fl-ue Couirity's Jectiijcall Seirvuces Coiritiractoirl:lpgu -a �2!.�211"111111-114. awa,,ii, e of a,ny g 0 g[° rlI I 111,12 .......... 2.0. Roa(,1 SLJir'fao,.e 2 1 M a nta,,� aj,in,g �,p,b g ��t �����avernent and �� reated &,Irfaces serv�ce dent�ficatk) I I ............... III ........... a,111d ............ 11 e 11, ()! I s�,Iijace Cl .............. ac,� �ld I ............ �)) u t III t Ilu11,11uted to 22!J]�2l2^�:, god 2IJgg d[oop����Qffs Servlce )etaHs, A 1, e,p,,g gii's and rernecfiawoijks to be completed byt#,-,,, Fn-4111-iGbpakty ard ii-41-lG[4 aFe i4GWc-ki""d bas(,i,,., ai*i�,,4� 4:iimp SHP-) ad4��()F4� fuii4ds wflk be, pi,()Vbdqd to!)44-8 112R�-4111-uGpabiker.. f(:)r-,M It I III Co rn,p uance wfll the 8)(8Gu:Aell—ef t4q wer,1,rs Page 102 of 146 • ThiG....................8FV�GEE?G d8SGI:�bEE'.1S aG�\Aty abeve aild bqyo:4� d aii4d te th-9 ef t4e Maintenance Standards k)r- �VkAlRiG�pa�� W�gkways (&.#ai*) Regu�at�eii-2,2 G9py appei'�ded as AttaG�'*RGF# Ir her-8149. SOS401 . ......... As�ph-alt ��)avei'nei!vt' SkirfaGes as ces . . I design width, minus 0.1 2R(etersi'n �,! ........... . ........... ongina shall be maintained. T s�jijace ti,eated su,Iii'fa .................... .C...... e.'s.j...g 0 ............. yZj,d,flI . . 'i .i.........I.I ....I.I.I...........U......E ....s .......................................2 ......................l 1 ........ 'i i a �II III ta �II III ed ii,ed total linear 9�:iar4ty (4 w(-41,�: shak be, ii,epg uii, and 'ei'necfia�� wo,i',[�,§ ........... gt ........... g,oy s �i III g t per lane annually. .ggg on limited to 50 m(,i'Aqr-Si'l1 0 It 1 ................................................................................................................................................................................................................................................................................................................................ '-�22 11,111 111,91,11,11,II2"2°„�"20 212 ell"lsJ,I11,1"i all""t"J,I11,1"i ell""I'll'It","(,,�I)IIIIII't'll"alI,IIl�,�ilillillIll"el""Iallllii, 1,222,111, and 'ei'necfiatk)n woijks necessa,i'y t,2 g,2 Eli P 'Y YZjfl'i flhe flhen m'II'11'ent 1%111u11'm'Ii'n . ................................................................................................................................................................................ : ................................................... : ............................................................................................................................................ ........ ...... "I'll'l............... "I'l""I'll""I'll'll'llI ............... ,'ll""I'll""I'll'll""I'll""I'll""I'llI ............... ""I'll"I Mauntenance Standai'ds at any ��IngIg ggglkIn exceeds 50 'n:: pg�' IaIne ki'n a III III t �t )I O'gtuce to t'h'e Q)'�:'I'Iaty g aten'cj'e'n't� t ose ............... "I'l""I111111121210 1 .......... Z10 W(:)11ks excee(fing ,.��uIdl gou]ujall flhi'esIhokj of 5un. ane Ikun sI,41 [,)e deei,ned adcfitk)na�� woiIk to Whch ss 4 5 and 5 2 of flhe �Road MaIntenance A ............... 902Iy:: 2 1 1 &cv6e ����acH�t�es Ma�ntenance sei'vice )esC1jptk:)ndentuficatk: )III and 'epgui' (:)f sujijace defects Wuflh�n des�g�]gted ��,,c c��e ��aiiies / fac������t��es 11 ............ Y ........................................................................................................................................................................................................................ Seii'v��ce )etaHs Designated bicycle lanes / fa6lkfles shall be inspected and maintained GGi4sider*�g !the faGfl4),f &:Ai4aG(-,1, dGfGGtS Sh�NAe d II 981, bdGl#fiqd (i::G:: traffiG seeii—as qi:aG�Ga�� wl�li�q Gaii—bEi?, GG49d4q('J fer" Pepaiiin a 'nannei, to accm,Int foii, and accoi,ni'nodate flhe intended a,Isei' of flhose IIanes / facHktues 141', er-IgbF�4 V'4-1b11446 0-2 n"Ieter-s 14ak n-4R4i4ed:: 1=ie, t(AaII RIIII49a r- 9 �::,i a r# ty (4 w(-:) r- k: s ha b IIwm te, d te 54 P; ete r- s p (-,,, r- Ia;-9 Fn r- a i*ii:i a SOS20-4 .............. dent�f cat,I,(°),111 g,p,,�'2p,[w ate ai'nn 29L� 2 �1 1111,�La ..................... 2.1111 2............ ' 111 CIlu a IIIII g t t sig aije II 'Ogg � (� I .'!� gi, 2�gg!��2ient of ti'affic [) I I � Page 103 of 146 sI,4Hl ocmi, as syy,o .......... 2,s .......... c�'actuca[fle afteii, cfisc(.),ve,i . ......... (f a,ny �j,ejg,gt and/oi, ujnsafe .......................... . 11 y ..................... ............. ............ c(1­ocfitk,)n Mflhn any I2ucy6e Ilane (21, fgcHty and f,Ihei, `w,��ftei a 4ntalnecj ujntH� Gravel Shoulders ,les,ci"i ctk)n dent�ficatk),n ...................... a,iad ....................... ii, e,�xg uii, of defects ajo,n,g ...................... g irave�L ............... SIho,uklei, of 11,(�)ads, n6k,�Cfinfa 2�:A ogt �11'lfltecj to 22L2�2's:, g��'agLs, god Seiw�ce DetaHs ............... NH i4ntenance and 11,epgliwgijks sI,4H [:)e c21,npo°jgd t2y 111 cgiglplluance Mflh flhen m,u11,11'ent Malntenance Standai'ds 01111i'11ig aajI design width, minus 0.3 meters shak ge, sjh,a� [),e g 'aded as ,eggecj and at a1 t�i,nes at IIeast two (2) !J11"Ies Re ' * Where partially or fully paved shoulders exist, the shoulder width efei,enced ii,ni,necfiateIy at we shall be measured from the neai,est edge of the driving lane (white line). * &;�N-iRders s4ak be, grackid a ef 2t-�imes 9(er year- aii-d as • Isolated or spot shoulder gravelk4g (g ['2ye] 111,2 ....................uuac,l uu,d n,2 .................. supply and uu4staIII nstaIHatk,)n (,)f Granular 'A'"A" material to ( exceeding 2Gm t W e ii " i t y ............... (2,,Q ) ................ 21)'' in length completed as required to wgijks eliminate maximum of ten (10) tonnes and not p,e, ii, al"It'', .............. 211111i'lly ............... s ii-Ig location)-,,:, shall be edge of pavement drop-offs, standing water,, or depressions aii-...........: may require berm removal to promote positive sheet flow. .......... 4 1" :R(-)adway sweep4i-g] ....................... detei,i,iflnes flhat so�atecj oi, SP21 falgyg�iIng �L(ojks asa efei,enced ii,nili,ed ........... 9 22Y2 ............ .11'es floe ........... S,�,� P.xly ........... g ............. nsta�Hatk)n of in excess ........... (��)f .......... to ............ 1 .......... toiriories of QirairiUair "A" rriateiru4l airid/oir oveir a IIIrnflh in excess (��)f twentY (2Q) m at a­,iii-Y s in � ) 111, ( o"I'l I [g ................... 11 ..... ................ t? ................ cp 11"Y ............... Standai'k, flhen, concfitk)na�� �,Uxoo] di'ne�y ogt�ce tg flhe cg�,Hnty tLigse wol1ks uii1 excess ()! SujcLl !Lli,es .......... § 2,2 ............ 22 deei,ned ackfiflonaILwoijks to Mhch ss 4 5 and 5 2 (2f flhe IIRgad Mapntenance Ag�,eei,nent sI,4HI appy:: 23 S��eeRo][41 seiwlce IDesci,lRtk)n sweeping gf [oads Seiw�ce DetaHs Page 104 of 146 * wee t s shall be completed,t,w() (,2 times pei,d qJ,ag ca�jendgi, year in ui:baii-ai:eas� * :R(-)adway sweep4i-g 41 r--114l areas Shak b8l, as requireduin AQ� Jgjlh,li'al Aii,eas[:)(:Ai (,)f Wiuci Aii,eas all as ucjentfiecj uu1 flie Q(:A,l1ItY 111-11 OM64� airi 1, and ............................................. Sw,e,e,p I gf Designated 9bGYGk-,,,Bj,c 6e 1, allies / acHutes "S'l""el""ilil"'ll'y'll"�,�Ill"cllllelllI ��),es,C,11"l t ) 11 fac��kt�es .................. S-11WIlle-1211P 111112 �21 0 .......... ��2 [2.0 2.§ Seiw�ce DetaHs ............... ,)esu]gjgd t:2cy6e Ilanes / facilities shall be swept a #i;iIPRuAFR ef five tkmes ai4f4�iaky ar�d as required GGRSkler-ui4gto aggg,lint foii, and acc(Ii,nigigdate the :ea4intended userT49 Qeui�#Y wkk aGG(,,,�,,.,pt- aii, ad6t-k-)i4a�� SGP��G(91, 41--V(-)�G(91, f(::)r- !the G(!)S!t- (34 SWGGP�Rg CJGS�gRatGd D�GYG�G s�,Icli Ilana °°�:i� / facilities Wmes aii,�ii:iakygod yZbucli umst gcg,li, at Ilanst 112ce .......... clu,� "i III t M .: . ........... L�:I.g u:l alt'', .. . ............ 2 ��2,d ............ of ........... a-ly, ............ j g 0,2, ............ j� Y eac�i ca�endai, ygg[' S S-302 . .......... Swee I (I "It, 1 ............ M .......................................................................................................................................................................................................................................................... ........... ............................................ 2,2_gd �c 6e anes / facH�t�es as s,p,g,gjf �� e ii,ni,negfiate�y gt:)(::)ve sI,41 [:)e deei,ned t(,) [,)e adcfitk,)nall wgiIks t(:) Wiucli s 5 2 of flie IIRoad Manten,a,n,ce Ag [eeigient sIia,,� apply,, 3.0. Row'Isk,le seiw�ce �Rei,nova�� of natei,�a�� de I 'fion of flie oad ............... ��2,2 I' S�I()�,Iklei" 6fliei, III ten tk�) ilia �� ��y oo, �jn�ntentk)na�Hy god 1116kIgfing I ., ��2 g 1 III u11,lflted to d III aka an�i,i4sIII...t i e 11, d e [) 11' 11 s .......... d t ii, gs,........ a III d ............ "I'll""I'll",'ll""I'l""I'll............ Seiwlce )etaH, 0 De[)11,us S�I()u,Ikl [)e 11'ei'lloved fill flie ti,ave111ed iirmirk,iion of flie ii oi, s�im,lklei, �j li s,cov,e,i,Y " Vegetation Control seiw: ce Cutting of (),ve,i,g,[()wn pair u,Inwanted ...vegetation ajo,n,g .................. ................... g! ............... III tell, SectkA lsand u,Indei, and ai,()u,Ind [�)11,'pCjg _2�, gp]aj safely �Y�12.o 1 s Seiw�ce DetaHs ............... Page 105 of 146 I ( I Ing 21� yUetatk)n ak)ng W ) " , �'� t! � � ', 'gads shall be completed t (:: (2) times aii- aky�dg[111119 eacLi ca�eiicjai' yg,g,[, .......... 2 222, in the spring �,ggsgio and giice in the falk T49 s t() a width Of GA#Rg shak a #i;iimun; ef 3.6im6 urn. from the extei,k2i, edge in the spring, and a minimum width of flhe extei'k)l' edg _g gf flhe 6osest slhmjkjei' in the fall. Vegetation shall be cut ()iI, spa'aygdu.�°„gt2j!�gj t(:) flhe C(A:'uInty U2 � jpa'gy EgII lCyfil'(211,11 around guide rail posts and, ........... w,h,e,I' e .......... 2' ag!,i,ca,[�)J,e,:, ........... to a minimum width of 1.&2R8 'n behind any guide rail 449r-e qi:aG�Gabpe. •Vegetation shall be cut aGi'(:)ss akfi'(),I'n, road at intersections to ................... .......... .................. achieve a clear sight distance of at least 294)qR;200 'n in all directions from s�x�h intersections. The vegetation shall q-et be gjt to a Ilya ,u,g 2,t greater than 0.3;R liii4 ......................... ta S t- G RG EE?' 8 Y 9 r-y 9- a r- s � a ii...... a d s s ha b EE?' G �A t- fH W d t 1�1- (f ll:e n; ii: a d s ;) -:i d (-,,, r- te th-9 r- (::)a d p p ii2R a ts)- a iii- a II R a r- ea s w r- 9 #16 rya iii- b 81, GE) Fn P iete" d H III S s (J 8 8 n") ec"I H ii4s afe b y, M H 114i G p a �� 4y e r- d 9 9 im 9 d ii-et- r-q 9 uA bFe d q H ll* T r- 94) Fe,, a rn ii iii-ii rn �-A m (4 49 t#i'(J ef t4e reads shak be maii#aui4edte fi-Afl ar,4, ffop(,.,r4y kn;uts ai*i,,iaky. I�Ie Shak N.rr GearAy bdeii-tfled ail-d te t-h-e ai�ter -Aaky, A ii- a d d e ii4a II s 9 r-Y uGEE?, a 114VG GEE?, � 114- a im () u ii.�ef $44 0- p 9 r- r-e a d k im ete r- w b a GGEI, Pt-E-9 d by #4e G () -A r#y a ii-4i-i-,A a Il py 4) r- !the a G44 a �l ; A ii2R b 9 r- of k: li i (-:) ii2R ete G aA t.AARII W lid #1 I)y MHIIRiG�paky all"d sl 4 149t 8)(GEE?18d . . ....... 4uimber- ef kkemete,rs urrau#urlii4ed:: I=IEIII maiii- g(4s ef iRGkAde:: Keep4l-g sugll' , ii:ead geen;e:ky aii-d ii�#er,,S8G:�GR YbSNq te K 9 9 p rg a d a:::A s 9 r- s (ve, 14i G 8 S ,Il9 GYG l9 s a i'�d p (-,,, d (-,,, str u a ii4s)- v bs i b 9 te d r- ve, r- s aiid n;eter- \/8141Gb8S. I-r-npi'(Pvli4g vusbflkty (-:)f rrriII IIb ureurrthe 'ead, REE'1.4141144114g tr-8EE.IS WhiGh-GGuAW pes(,., a I-r-npi'(Pvli4g wr#er- 'ead amaui#9i4aRG(-,'i, 14gy '814AGbRg dr-u%i4g ai�d sha6i4g, Sy"stelims fuii4G:�eii;-as Preser4i4g gavemer#s da),4E 4[4i4g aid SyStGM GGF#r-()k &Ni—tr-ekIi4g WEE".'eds aiid AGS:thet�G& 9=0...... ......... BrusIII - G,9;!Vt'ii°IGI Q+4�114g ef bi:Hsh-shak bEE?I GGR-)P�8ted ai*i�,,iaky aii-d 444114 3112R 8148 F S (4 G U:::A WE,` rts � q d g 9 s a ic-I s afiety syste ii2R s (g �-,A a r- (J r- a Br�-A s I�i- a ii4d ve, g (atat 114 t E) b S G :::A ' 9 s a ii--y a d ^rviir.ii- s ha q r- 9 im eve d:: W �� ('ti1' � ........... Wflh 11'esI2ggt t2 guUygll�' 2i'iCjg t I I l, I god �gfgjy �Y� 116�:x Ing t)uA not uI'Ifltecj to g :j ole II a,,ll s, .......... veg2tatk)n s,4H� be gjt at 1east (In,ce cj'Uj "I I'g g,g Y, °,2ll. ...... 2 Page 106 of 146 2"� 'ei'lloved fi,oi,n [)eneaflh and w�flh�n 3 'n of sl�jc�h gj�vei,ts [)11,�d ....... .............................................. ............................................................................. sat�ty U�1�2ms �I he 1mulnj,cj,p,g It sl,41 ensji,e flIat flIe fij�I w�cffh of flhe Co,n,t I aIk)wance iis ............................................................. "I .... .................... .... ............ .... ....................................................................................................... 1111� ....... ....... y ....................... fill of nvasuve and nOXIOUIS Weeds and I, Iai, 'eii, an,lsIh and veggtaflon flhat .......... ],flnee and / (),ii . ........ d ii, a n,ag g fa6�kfles An s,u,c,h .......... �I,a,ii, e,ii . ........ ye,g,2tatk)n sIhgjkj ............... .... ......... ............ . .......... .... ............. ..... llg ............. ..... [)e 'ei,ngved as s(:)(::)iIi as pi,ggtuca[�fle [:)y fl]g god a! t�11'11es [2efgi,e flhe can,(�) I I I aIk)wance gf, g 2y �,g g,�] �Ill,lillist()ei,illicii'(alll,llclll,�Ill,"Iil'I ["II(I":")alIll,cl"i"I'l"I'll""I'll",,lI 0 �I he MUIIIIt ( '11,11 (A:1l'tJn,e yeg,2tatk)n 'i4intena,in,ce, ............. Iac,� �:,I,d in,g uA,t "Ot .................................................................. ........... 22.1 .......... ) 11 .............................................................. ...... ...... .............. a s a ii, rii t e d to w e e d t ir �� ii, rii 11, I'll �� 11 "1, g, 2 E 2 g E'll � 2 E'll y g u 11-11 C 0 1111-11 t y 2 1 gVV g Y" g E 'i s rutii, 'i t e IV4,IIIu6u Tree Mai )9ad Vees eii-Sei'vice De t dentuficatk)n and ei,novaof dead tii,ees and hazai,d()a,l,s li,n[,)s Seii'vlice )etaHs, �11,11[),s t I,a t t I �,� s e ii, s ............ ....... y ! 9(-,,,,r-ty ............................ ............................................................... ........... .................... ............................ g �,gjg!y b gKg['�j 91:1 2 "all, C-11(1111)111,� in,t , road Rq� shall be removed y(,i,,.,ar,, ef u:9pgn cfisc(:)vei,y and lidentlfig,a, t ................................................................................................................................ )ead tii,ees that ar-e bi:ekeii—aii-d4i: aFe pes4if4p(:)se a qetei#4safety hazard to flhe public safetyg1...s.............e..............i..'......s......................o.f....... .............. a........... .. ............. .....Q...... ........)..... ,.... :...I... ,i.a.ty .............. [...o...............a............d..shall be removed as as they are III (:: Ane (j) ygg�' (:)f disc(wei'm and dent�ficatk:)n. VV4811,� Sh:,Ii,n2� gf 11'ei,ngved trees ar-e r-qimeyqd� stuimps 111 1 andscapgd g��'eas shall be ground down to be level with surrounding terrain areas, Ni-maii-uG411'8d IIawii- ar-eas, gr-(:A:4114dWhu e stumps wuflhun ancjscap��j g��'eas shall ase be fi,li'flhei, restored with topsoil and seed to match terrain. Page 107 of 146 seiwuce Il le t 11 () III III I I )xim,ls weeds and invasive s ............... ""I'll""I'll'l",'I §"2,�ll"�"2"I'll""111112 2 .......... § 111112 �11?111!11 Seiw�ce DetaHs ............... LJse of Ilea i,[�)llieu sto control unwanted vegetation116k,clI ing o: t �Igfltecto , 1110xigjs weeds and ofllei, nvas�ve s shall conform to the (,County ef [g s) "No Spray Policy" ............ Ak� ii:nater-4� de�qes4qd kaveki".'d PGr4kNi,'11:, a cc)PY of r-ead er- sh�N:iWqr-, Glther- IF#84(-)i4aky (- ii, s4ak be, u-fl9E)R- bE,1G(:)mii4g aware:: :::::*an;P�qS 114GWE,18............................. �Fe 114�)t ��I#tqd �k)� n-)H(J� Gki,,.,ad aiiiima�s� kash7 GtG,W-1,�,C�-1 uic as to fl-ils ScI-Iedub "C" &GS40-4 . ......... 4. 0. D iii 4 1 CIeanlnrj of IDii'alnarje :�acHltles seiwuce )e t e a in III g go�j 'ei,nova�� of ()[)stin,lctk)1Is fiI cfi'a�nag on fg g t u e s w�itllIuuI oad alk)wances oi, (AleiWse se V ...................... ................. 1116k,lcfing t:)u,lt I(:)t u11'lfltecj to a�H� (A:,lflets:, suI[Xfi'a�i lils:, st(211,11,11 Sewell c uj ii, b s a in d t)asins .......... 2d Seiw�ce DetaHs ............... Stoi,ii'n di'aunag x !� 0 14, fggHut�es sI,4Hl be 6eaned When cjent�fiecj as e ��2!�j og � 11'esti�tecl flows 4ii e es is W i deo .......... ()�It��ets/swa�� nvestrjatk)ns, fik,lslllnrj, ei,novaof ()[)stin,lctk)1Is, n6k,lcfinrj b,lt not V11,lfltecl trr III c),t,h,e,I . ...... ste t Catcl [:)asuns sI,4Hl [,)e cIeanecl as uegr �:uui,ecj If cle[Ijs Illas fHHed in alH cases at ��east one t�i,ne cfi,li',u,111 .......... 2"2"g,b (,2 1 291.2.0 911111129[111 0 iri add�floiri to fl-ile dira�iriagg !gg,H�fles deirifllf�ed iri Sc�-Iedub "A" -leireto airid as sucl-1 ........................................... ........................................................................................................................................ ..................................................................................................................... e III t If u ect, t I e Q III ty a g , gg,� jo:2 R[ (2 V i� cl e t I e IM u ,] III �� c �� Rg ty rL �� t I R!� d �� c g 2,clates cjentfyi in,g g�j,� tut (),n,al cl,ii, aj,in,ag,2 fablutes to b,e c,�ea,iaecl 2Lu [sujant to fll�s ............................................................................................................................... Road Mauntenance Arji,eei,nent 4 2 :Re,p,g liii's to )ii, aj,in,a seiw�ce dent�ficatk)n of defects and clef 6en6es in and I f 1 11 ............... 11' epg 111' (), .. ........ c,1,a,i n,ag,2, Page 108 of 146 dp ac!,""1,1Ill"eIslwt,iI Co,u,n,t road aHowances or oflhei*se se M ............................. 'gads Servlce )etaHs, Grate 1, e,pj,g,g2[11 111 s e'11 . ................ 11' e 'S , catcIh basuns wHHl be ............... .......... .. I'll'I 11111111112.2 2 ................... ................. 2 C01,22gted �'Inder and as '(:)u,&ne ri4ntenance and rel2g�u r2p!��'atu(:)ns as W 112teli'll t t Ma�ntenance A ent ............... 11111111.� .2'1112� .......... �Iy ��ll,"Ii�,�'ll'Is111111112 0 NH oflher defects and clef 6en6es in draunag,2 ............ jg,g,Hutues WHH b'e ............. 11, e'pg 12j ..............IP ,y ............ 2, .................................................................................. M III 6pgll�ty to flhe Qm'Inty and any repglrs wHH [,)e W I t t ) t 2J2, ed �'Incjer a,r,ra in,gg,[Iients 'nade ............. t)y ............ �2'2 ............. !�'g 2'tyI, ................ �,f ............ [ y ............ I2,2 ............. u:j u2 ullr rllut as adcfituonall woi'[^s to Whuclh ss 4 5 and 5 2 of flhe oad Mauntenane Acg I ,[eernent wHH add�floiri to fl-ie dii'a�i-iaf.,',12 facH�fles deiriflhed ��ii"ii Sc�-iedub I.I. -igireto airid as sucl-ii ) � t t 'e flhe lvhjn�b t W �� t I c; t�'I'e Q( �,111_y g,g 2'2'§ 2 .......... ��2,[ () V �� cl " " , 'P'2 ... ............ .... ............. . I ........... y"', ................... . I. ............ 111122.� . .. . . . . . . . I ...................... u,Ir')dates a dentlfvinrj adcfitlona11 cfira1narje fac;Hataes for Ibe rer4recl Ihruuusuuant to flhas 4 3 Ditch Maintenance serv�ce �� )esc;1' I D itch es s 4a b (-,,, m a �� ii-ta �� 49 d fe r- w �� flI �� III C III t a d a ow a III ce s to b e ............... ........... ............ ....... y .................... ,sgpt in a concfitu()n rnauntaunung positive water flow and teeIluriflnatung Servlce )etaHs ............... 0 �Rew'Iu11'ecl cttc�h ri4ntenance rifltecl to fiftv (50) 'n in enrAI at anv sanrj�e ocat�()n in flhe event flIat flhe I ggt�ng Vk I �J!�terigflnes flhat cfitc�h iii"Ill"alII"Iii'lill""Itgll,llililliIg"i,iiceii,iiI excessof f ufty II `1�....IIII1 1, ed a t a,ny ttliill1 2.2211 () 111 11111 Order to rnaintaun 2gsuflve water figw and eliminate standing water� 94Ghil4g Q11' to oflhei*se confo 11, il'i i ........... to ............ a,ny ........... u, eg :j e g i 'ed for in flhe flIen m'Irrent 1 Mauntenance Standark, flhen:' cgncfit�(:)naI u,Ipgo 1�11'11e�y u221uce t(:) flhe c(A:'Inty III te'11I flhose W()111'�s in excess of S� Ic�h flhres° 'I(flcl SIa�H� be deerned adcfitu(:)naII work to Gii:eate 9()S4uve water, flew sl 4 98 4'4-1Itqd te "i ILii;- ei4g#i- at eaGbde4fied sI,4H1 applly. ............ Guttets a r, 1" �)C: j#'p� 5.0. B iii Cullverts (er#rai4G(,i',., er, :ead G1:9SS41-g) 5 1 Stin,Ich,Ire CleaEog Page 109 of 146 sei'V�ce �� e t (" �11 �� e a III �� in X) 11, a'u III d t ............... III . ... ... .......... Ve., ii, () a d s Seii'vlice )etaHs, 0 I ] III C �� I t I I I " [oad ................................................................ 2.2 ........... gl.gg ��2 .......... 2 .......... .......... 2.0 .......... ........... 21221Y.g .......... 211, UHIC'ell, (-'a, I t (2111 ch,'Ilijinfa 9 ggIIgok' and in accgi'dance Mflh flhe m,Ii'i'ent fa.:, ude�'lInes II "[ovuded uu1 flhe ........... B,ij,d,g g ............go d ............ u:j lly,2,uj .......... M,2,02gelllent Cmji's e, ofifei, e',d ............ II )y ........... flhe Ontaijo Good :Roads Asso6atlip) n NH mvei'ts shall be cleaned using waterjets (fo:2[ flushing) or other effective means 44�,-,,reto 'e esta[flus�h water flow flIat has been restricted by, .......... g[l 1� §t 1111 material goj debriS� 8tG. W��tW .............. S4GF!ii:n S-ewers� "F-IcOdIny and Gutters� et(;7 * Ste r- m d r- a ii4a g (-,,, s ysteu2RS...6haIIR Il9 81, GI9 a d whe 11-- they have" 149 (-," 8 11-- b d 8 F# f � GE-1 te b �-estr-�G414g fl9W O�E""g�:+48F This n;ay r-99�44-9 vk-19() (-4 (:)bstr-a:AGt-k-)R-S 0,(-,,reets), GtG, * GatGhbasbR-s Shak b8l, Gkiar4-ed at (east 2 years er- mere, �If fall ebi'bs �I4as * ::Rkepaii's 4i--vo:)Ivi4g gii'ate 'E"pRaG81MG11-t- 9F F1168F Fqj�'- auii's aii-d patGI4i4g ar(A-4114-1 GatG4 I �) a s � ii, s ��4a b Ei?' G a r- 1: �� ("i"', d e H t- u ii4d r- n; a � ii4te F�a ii4G e p r- a �� e ii, � A e r-a d efe ct s a III (-2,11, ()[)sei'vation oll, ev�dence flhei'eof hj 11' . ............... �2p!�[ a tk? III (��)f any 2ijdgg gil, gjvei't shall be reportedii'ni'negfiate�y �:�pgo �fisc(wei'y al''11]cJ.......... in w,i:u,tj,n S I I I "I'll 111111''g :,,, to the County (4 �Ig 14' 1- j'j!j'g SGS404 . ......... StiiIuGt-uiiIe (Brk! e aiii:!!!� !,,: Gulvert� Gteaii!!j' StRAG!4411'811 GReaii--4g s4akI fekew the of the Qr#ark-) &:)(:)d :Reads :::1)14dg9 a'r &,+ :4- Mar- Get"N"'Ge:: W1W ............. 52 Erosion Control at-S uGWiiI!e6 of stolle 211, S1111,11Haii, 'nateijall k) 2i'event e 11' () s ii () III a uj III d [)'11:u'd �� I III t to ............. .............. ... . ................ .............. stinxh,Iii'a�� e�ei'nents flhei'eof Seii'vlice 1Detalills Mujn!6pgll'ity shall be responsible for the GGStSC()St of supplying and installing up to t-le-1111111 .......... (,10 tonnes of quarry stone or similar repair material peii, Il (-:)Gat a-,iii-y oi, m,Ivei't ocatk)n k) I2irewent ell'osion ai'()u,Incj any 2i'Icjg t fing [)u'It not 111'lflted to stinxh,Iii'a11 eIei'nents flhei'eof. Page 110 of 146 0 W% I.... in flle event fllat flle Nh,ln�6r)atv, actnrj easona[flv, detei,i,iflnes fllat flle ei,()S�()111 conti,(fl woi,[�s as efei,enced ii,ni,n ecfiate[y .......... g,,l) e ........... .......... a III d nstaIHati(,)n (2f in excess ()f ten U Q) tgoogs a2f ° an (211, S�11'11 Hail, epg�i, 'natei, la� at a,in I I t )I I A fit�ona�� tj ii" I e th,e ,y gi, c�I��veii't (),ca,j( 11", .......... c( licl ... .. .. .. .. . ........ ...... .................. ............ .. .. .. ............ ......... .... ............... Y, SUIP!�[�Intendent, fllgse wgij,�s 111 excess (:)f S�jc�l flli,es�l(,fld s�la�H� [:)e deei,ned adcfituonall woi,[�s to Wlucll ss 4 5 and 5 2 of flle Road Mauntenance A ..... .............................................................................................................................. .......... SI,4Hl applly, 6.0. Sa,, et Devk,.es 6 1 Road Markings e &444 bEi?l GGn;pbeted as Qi#ar-ue II r-a#bG Maii,�,i4 Beek I lk 4d� Seii'v1ce 2!�()ii a �� iii t �i iii ()f road markings sh44 ge, u2. O,gyglkd 22�,fion of C(:)u:,Inty [ggj�, including but not limited toy G(91F#Gr4u1148 C e I , I , I t I ,I e ii , i e markings, edge of lane markings, stop blocks, turn arrows, 8`tGand II nes / syu2i[2(fls den(Alng Qgslgogjgd QlcygIg I anes / : aawe Hltles. vvhite� ec-1ge (4 n;ar*�i4g eGadeii, te ai*ii:iaHy ar,4,i,,., #2:to) #1-uS SGhed�-ARGGer4-er44y, t4ese, (-)Gat-u(-)R-s ar-(-,,, Seiwlce DetaHs ............... i iu.uunIa ulhaglluty t2 2g1il(gl' 'g 2guilt)Sallll32gu21g[Lung oly Rods once c1 1, 111 g �eacl caendai, ,2,nd in ccoi,dnce�flflOnti'iiaiiujaB()() 11 • As fi:,Ifthei, g ) uY I � I ,�:��danceflle Q(:�,nt ingtes fllat fllte, edg!� gf ane naij,da 11'11219L1 u1ing .......... 2,0 0 g 2 .......... �l2,2 .......... (eau. ....... at'j,111,g 2"['2g2,02uSrIII,y Ilgcated at road crests, a III d ............... sags, curves, narrow structures, Class 1 roads, and roads with partially or fully paved shoulders. C(�)�J,Iat y B,yg�, intersections also 144ave d11 rwaa. is liuncgi, ate flle 'nei,glng lanes, turning tapers, and radii that also require annual painting, ard are r�(A SI981GufiGafly d8pbGtGd (Ni-these maps a4d 9 �� M &:e* 44 s4aN be f4k)wed in a�H� s�,Ic�l 61,m,li,nstances and wufll 2gftm,lIai, 11' es I I I to flle afoii,e noted cles,�,g,o 2.0 2 . ................. t,b g M g ��2 cj,2,g t s I a cginfol,11,11 stil,uctlly lo? Mle uIueuaaaurunts (,)f flle saud Ontai,u() II uSafiilic Maim,lall B(:)(:)[a� 11. () iii- p ave, d s uA R d 9 r- s t4at • Wlei,e the County has cJefillieddeslgogd gu]aj c(2 ills ti, u,Icted 2gyg�j a I22ujkjei's desig 2,gt,2�j, as a bicycle lane,!tw(-:) f a,c,l ��t and ()III an ann�,la b,a,su sfll,e M q:,I,n c,l [j,ty "I'l""I'll""I'llIll""I'l"I'll 1, 1 y ........................................................... SI,4Hl 2glnt (a2[ jyZ2 (2) solid white edge lines wfl4 palii�#ed ai4,a�uaNy, to create a buffer zone1 1=ie, seGG1141, ad&tk)i4all so:)l4id 44-itq (adge, wfl4 fa-4114dec-1 1)y Qeull-ty in add ��eiii,e�at�(,)n to 1*: arzir: a4GGa4GF4- �� 1"1�9 QN-A r#y wb aGG(-,I!t- ail-- 41--Vo) G81, # eim t4e 112R ::,A 114-iGbpa ll 4y 44 #4e GGS`tto) 9a r#the SGGGRd aii-d ac-,14�GF44I wl�lite 44ier-e Il9bGYGb8 ar-e ),e,Sjg D,gt,2�j .......... D li,,c c II e 1, a III e / .......... Y ......................................................................................................... "I'l""I'll""I'll'l,"",',,"",',,",',,,,I -, ''lly.:. Ma-4111-11(cpal#y Sh44 GG(N'6i4ate th4i, Ihqaai#i4g SG48da-AGte defer- um a ii, k: a ii4g ii, a a d SE'9G�Gll, ti..........1(, Qeui�#y' Is r-es�:AlPfaG41-g �414der- Gap4a� pi:()gi:an;:: Page 111 of 146 Nk:4111-uGrpaktkas wflk be, made aware (-:)f pRaii-4i-�,-,,,d res�:AiIaGir�g atthe (-:)f eaG4 ye a F�� f a PH H 114i G � p a �� 4y n; a r* s a ii:(:) a d way q � a * d k) r, H'i".'S �A ii4a G � R-C4 b y, t4E9 Q e H 11-ty that year,the M4111-iGbpakty wflk be, resp(-)i4sNe k)i' re ii:narkapg that read at flhqii' GGSt:: On (211, [2eft2re JanuIai'y 31 (:)f eaclh caIendar 1bg 22u:,Ioty sb4U g�jv�e flhe MI'Inj'6� t of resij �ja6n t s u'S A e of ............. g p,[12j 2'gtllll� P '2 ��2 f2 ", 2,111y ["II()alIll,cl"i"'ll""I'lI s�,Ic�h ca�endai' and flhe ant�6pgt��j Infling YI ti gf sarne and flhe M, I It In Wiis� ,Iltatk)n wuflh and not'ice to flIe Qo,u,� t'Y S III te III I I I I It n ............... .. ..... .. ........... . ........... t-11,11111"e.......... I'VI], Cy .......... ['11111,2Y' exer6se Its Cfiscretk2in to defer rogd 21gIJ'sJng gf SIch Q(:)u,Inty Il.. (ea ds ajntHI flhe fo"II(),Wj"Ing ........... g,g [2'o 2'[. ......... yg'g'l in flhs re a,rd . .......... flh'e Q)'�:'I'Iaty g§ .......... flIat It sI,4HI [)e I .................. ........... respoo]�I[fle for arrangIII]g gI]oj pgy�ng 2gInflng (oo, [g���Qgnting) oo[ ad rnaijklng [g'gj'n'g 2'�' 2j g . ...... . ....... ggp1itawoijks III Q(:)u:,Inty [gads 62 Road Signs MAlRiGpakk,i',.,s ar-9 :espell' Ne Nee n-4i#ai;-Servuce )escijptuon MaIntenance (,)f all existing [:4,qe-iNatery, Warii-k4g and r-(::) d sI�gR-s as Yz9[[109:1 900 Infori'llation road S'igos goO t2gggo:ms' 'e nstaH �atk)n of ........... cla,ri ............... 2 sen to�'(),a,d .s .............. jg 0� ............... 2'0'�j ............... 11'eill()vaII (,)f u,Inw,Iflhoijzed sligos, Servlce 1DetaliIls ............... • M u'� III 6pgll ty gunnstalHl and g4ntan alH� 'gad Sigu]� god t)eacgns in accgirdanca � dhe flhen m'Irrent 1%n�rm,Irn Ma�ntenance Standards and the Ontario Traffic Manual. ..................... ............... MuAFGpakk,i',.,s ar-9 • M. III 6pgll'ity Is responsible for all costs to supply signs and materials to re -install damaged or stolen .......... signs and te maur#aki--battery ,�������ope rated beacons. E4 he County "gii, eiI sIaHH [)e II espoo]u:��I1[2le f(:)Il' (:)f flhe lvkjnu6pgll tyfoo' a�H� a[)()u,Iir and/or rnaterua�� costs nm,Irred [�) III t�h I Cng I, e,pj,g,g2,p] i e III t a III d reinsta�Hatk,)n (:)f '(md s�gos jbgj a refiect�Vty nsp!�gdgn c(Inch,Icted as 2g�j gf 11'()u'&Ine testn .......... II ,[()vided flIat t,h,e N Nu ulIIIiculpl,glllllu'll'Itlyll21,u2"ll2,2 u'e and deI ver an nv6ce to flhe cou'Intv in 11'esr)ect of s,Iclh costs in accordance wiflh s 5.2 of flhe IIRoad Malntenance 0 �I he M�:'I'nj'Cj'P'g It Sl'4Hl irnirned e'u] I gyg g"o"Y 2 Id alHl .................................................... ........................................................... "I .... ...... ............ .... ............ .... ................................ gg'2' attac�hed to Q(�)�,nt infrastin,Ich'Irenc��'Id�1119 t:)UIt not �11'lflted to road sIg ',os gu]oj he sbgllll goy god ,:��IIaogfag dglerriflned t(:) [:)e a safety C0111cei'll ch'Ie k) floe S'�'g ]"t �Ine ii . ...... d 1, a�� aa,g,g g[)st1n'Ictk)1I ()Il' Is oflhei*se fg"Ind to [)e III Page 112 of 146 2in u,Insafe co nd t I , ') jo,n flh,a,t 2 aytent�a�� safety [,�,s,[� t() flhe Ic UIsei's ............. 111:11S:21 ................ S21 2� .......... .... .. ................... 21:1 ��2 ............... Of a 'gad ............................ ll"g 2,ggg .......... !g waii,in notoi,ists of aii,eas iidentfiped to .......... I,aye .......... Ijg b ............ 0 21[)e1i's of C(fllluSk)ns [)etween deei, and 'notoll, ve�,1�6es M��� [)eups staIlled Mflh III g at ., t)eacons ()III a, [)efoll,e octo[)ei, 1 of eaclh caIe,in,cl,a,ii, flhei,eaftei, ei,i4n in I ........... ........... 2,22 1 . ............. 1,1111, .......... gyg,�j, a g It ) t ., go:MdI jaimmi'y j gf flhe fo�k WIng ygg�:� 2[( v1d at aIIII flIe °I�.......... sujclh II )eacons sIhaIIII [)e ei,noved and aRe,1,n,a,tjve nstaII Ied I I Ity �bg� nstaIIII ��g 1111 •At flIe ii,eg�:::�gst of and as s�,Ipp��ed [)y !be Qg�Ioiy:l lbg M�IDICIR9�I roadway directional/information signs and Elgin County Tourism signs wflk 1 �) 8 s �A ��9 q ("i"', d b y, #Ie, Q) H 11-ty a b e u ii: a iid im ate r- �� a �� GG StS 11:89 H d �k) � IM III �� c �� ��2g � �Lo:) 11' k s u,Indei,talken to nsta��� and/a, re -install "gireeiri-"s�jch roadway directional/information sige Ilse gli'ed walks cantelrnpIIgjga j II2y flhe within qas(,i,,., ak(!)GatkNi--: [:::ab(-N:Ai, ar�d mater-i�u GGStS te (2, a c I I V,i a ii, t e ii, ail, c e" .............. �"�gi,eei,nent and do not constuh,Ite adcfitk)nawoijks flhei,ea undei, �Lgdks u,Indei,talken to nstaIIII and/a, re -install Elgin QN:Aii�#y Tourism signs,aii,e 111,(�),t 11, eg:! 11' ed W(2111ks cgntei'np�gle�' ��2y flhe Mflh�n �Rgad Ma�nteiiaDgg 8g .,l,eei,nent and Mllll constuh,Ite ackfitk)nawoi1ks flhei,e,Indei, and flhe cost flhei,eof shall be invoiced to the County 2u:a,sujant t(,) s 5 2 (2f flhe sald AQ[eei,nent. &gi4age, 4) war-iii- (:)f ar:(-,,,,as it der4fied 4) 4ave, Ir4-Gbder#s (-:)f deer- vsV(-9111-uGpq GGflkSk)R 4fl i4staked b(,i,,.,aGG14S 9R—QGt9bEi?1F ISt, IM III 6pg��ty Is and Jaii,�,iar-y, Ak� (44i,,,r-4mes t4E9 b(,,,.,aGG14S shall be a eimeved aii-d a[teri4ative appi,eved sgr4age, wflk i4staked:: FR4111-11(cpakty as fi::Afly^ 2IIajy responsible for S,aj P,p "y ............... 2,0 ..................11nstaIIIIS tk),n ................(,2 11, e Ins a��atk)n) gf Hamlet / Q(: ni,m:,Iin�tv Identification s�gi4ssig ,�2gg t _gS ll If necessai,y, a i i IM IsI,4II t)_,in '�� t a uj t I (),i,j z,�I I u:!gb nstaIIIatk)n fil'ai'll flhe co,uj "I'tll'I'lly'll"2,� .......... . !aj ............. ... ............ ............. .............................................. All signs as co .......... 21 flhs suj[) sectk)n shall be installed on wooden 4"X4 x ............. ............ .................. : ...... ............ ..................... ................... 4" posts, save and excep fg[ s�g gac �R 11 t : with (,i,)*GEi?1P��GRd �� 1111 e III S Q III S Of -' 311 90 C11' X 9 4G 112R 6 ll E41146,911110111 C-,II (or greater), !t a "'g e 1� 2 yz,l] c,h sjg 0 shall be installed on 6")(6 x 6" wooden posts with a Gi:,es&Z x 4' bracing. IMuRiGbpakd(,i,.'S sl 4 48weed aFo�:fl4d 4gai4 "Gal Page 113 of 146 63 Guide Rail and Traffic Barrier Systems MuAlRiG�pakk,i,,.,s ar-e r-equ4,4"i".4 te V,4-4i�#au i;-Seiw�ce Desciijptk)n Mantenance and of t I lfl d all existing,u,2g�j �,gjg!y systems . ........... c-JI .......... ��2 te, cable gglcje 'aHs, steel beam guide 4p�[gHs, and end treatments-� 8`tG:)49 !the Seiwlce IDetaHs • IM �,u III 6l2gl ty jo? i4ntan and epg� i, alHl eAsflng 2g� j �gfgjy systeli'lls tg flhe flhen Provincial Standard Specifications. II 141-9 P-) H i G � p a �� 4y � s S q G 11, � b � 8 fe r- t4q f �� :S t- S q ';,,N....:"'a ii- a �� �y k) GG P-) P � 8te rqqa�i's ah-d (:)ii--ak� in flhe event flIat a,in existing systems:: Gernplqt(,,,, pi:(:)\A(Jqd te (;(AAF#Y 94GEE') this ki#t4 s qeeii-r-eaG49d. haS GGGH1144,E')d #(:)n; 'gad safety �ystei,n is cjaiglagg�j as !be �1'es�,,I��t (2f a motor vehicle collision, the Mu4111-uGbpakty,M �:j ��2 cj,p,g it shall fgi,tl,iwtl,i notify the County:: �u::upeijntencjent 0the annual $4,4,000-deductible, F, la 6lll -i i!i-g B e Tiil affk�.'S Is e "s tr ia III �9 • lVkfll-uGwpaktkas shak, as „aart (-:)f #441, 1 qatr-(-)1s, "iliell'Iflle'll,lilille,'ll'ilillillc"'lle'll'Ic""I'll""I'll"I,l,Ill,l)"el""IlIll'oIwlI s s :,� 11, pgsagd:, Ube U:]u6pgl ty g�]�j pgyfgrand/gi, g4intenance of any GGi4G9r-R-s w4h- these systerns to) the au 1-1` GGUF44-1 -'& [9414Ga[ 9(,i.,r,4G8S QNi-tr-aGk)r- uAPGR- bEi?1GGP-)114g awar-e ef t4E9 E149GtSUICIh dai,naggd [gad sa §y§,tei'n. qr2w 411 � ............ Mu,Iina6i,,4itv is 11'esr)onsa[fle finan6a�Hv foii, flhe fili'st $10,000 00 s 0 11 " 011 allllii,ia�j a,,�� ��y !y .......... 2� �'[l I Pj,2!2 ........... , e,pg 11's to oll, oflhei*se i4nta�n a�H� i ........... s,af t sy�!g,[ is to .......... ............ ........... ............. ......... ............. ........... ..................... "ell y ............ -iieir6irialfteir "airiiriva�� W-Jcl-1 t -I �� s ����Ioad \Aa�iriteiriairice 222�ues '111 aIHI irilfoiri,n fl-I lit -ii e e C011,1-1, iriteirideirit u,�22,Eii H annu,IaII decfi,lcta[de [29D[4, suA[Rgssed and flhei,eaftei, fgi,waij t(:) flhe Q(:)u,Inty III te III Cie III t evuCjence C( If 11 11111111111 29 §2 21111112111111 Aftei, flIe anim,la�� decfi,lct�[:de ��� ��IO29s�ed:, flhe 22�,Inty s�,4H� [2!� [922g1-os1[:flef(:)1, and/oi, i4ntenance of aIHl i s,af el s to w I �� c I t I e w �i t I �� III ............... "I'l""I'll""I'll:11,111,111,111,111,11'll""I'll""I'l"l""""I'llI'ly ........... Road Mauntenance Agire I 2��2 201 gppllues� Ru' )VuCjecj flIat Nh,lnu6pg��ty pe�1211'11'11 (211, oflhei*se ai= 2 .................. Ilya ,iJoi,i,nance of ............... s,�:,I,c�h ii,e2,,2 and na�ntenance woiIks as ...... ........................................... adcfitk)naII woiIks to WhlcIh ss 4 5 and 5 2 of flhe Road ICI alntours ance Arji,eei,nent s-111,111111 alll,l a-2,pjy,, he Cost of 'e I i4ntenance of an et I o ii, c(2111ti,u[A:'Ited to [)y !be gp!°.i'atk,)ns (2f flhe lvh,lnu6pgll'pty, 1116k,lcfing III u11'lfltecj tg e to 22,uj )11,11,11 flhe MflIj,111 S,C(�),P,g yf uces. .......... sI,4Hl not [)e taIken into Page 114 of 146 acco uI,n,t 1 n a,ii g,g gg gtk)n to deteli'll'ifline if flhe annIal dech,lcfi[fle has been .. .......................... .... ...... ............ ........ .. ............ ............. ............ SUI02a�wed:: seiwace Desci,�l"kon IVIanarjei,nent and co oi,6natk)n of and )aii,fidl,)atk)n u in do,�: ,Ii,es and detoUll's (A (� 'OUllit i ........... Y ..................... Seiwlce IDetaHs lvu III dpgl ty g!]Ij 2g�'fidpgjg in a�H� ei'llell,faency and cjetguji, a,in to wlIdh flhs Roacj IV�antenance A I t gp,p e's-11111 A k s "Cled [�)y !,b 2 M g 0 "C'i ��2,2 it I �� III ............. . ........... Y �D .......... ��2 2 2'ag ��2"g . ......... g gi, fac��llirtat��iii a,ii . .... ............................... ................................ .. .. ............ .......................... ............ III dos�,Ii,e gi, detg�ji, event all IIi�d sei'V�Ces �,Incjei, flh�s ��Rgad IV�a�ntenance A , d ................. g [eeigient and () III consth,lte adcfitk)na�l woilks flhei,e�,Indei, to Mh�dh ss 4 5 and 5 2 flIei,&,lndei, appll.!Ies IV� it sI,4Hl 'nana WIS ) u] 11 01 ll""I",,: 111111 M ................................................................................................................................ .......... . .......... al"Il,c-1111 any Qggoty [ggIj g� [eT:Ag,�Ie� t2m Ube MuIO'iCuPgLtm (�)I' flhe R�:�t:2�jc, and appl,2ygd t2y flh C( u,112 to accoi,ni,nod I , cal event 11 1 1 d ............ ....... Y, ...................... ,ate a"ii a,p,p,[()ved .. . ........ , , :11,111,111,111,1111,'ll""I'll""I'll",'ll""I'll""I�'ll""I'll",'ll,'ll""I'll""I'll",Ill""I'll",:",""'ll""I'll'"'I'll",'ll""I'll,'ll""I'll'"'I'll",'ll""I'll""I'll",',l"I "I'l""I'll""I'll'll",'ll""I'll""I'll",'ll""I'll"""I'": .... a fe�,juva1(�)I, C CHIng : gi, oflhei, aflfletand S,Idh seiwces do III const�uh,lte adcfitk)nawoilks a,Indei, flhe Mflhn Road IV�a�ntenance Ag[eei,nent t(,) Mh�dh ss 4 5 and 5 2 app��Ies 4-; ()-; "7'. 0. Winter I4 uA Ili G b p a s S e ii, V ll C e es,g"l 2tk)n /IIIIrteII Ii and b,i,jd,g,2 [14intenance of ...... ......................................... ..................... ................. ............. ........... ............ ....... Y 1116k,icting t:)u,lt III uIgfltecj to W11111tei, weaflIell,:1 sngwfaIL and uce D-Ig ............ c-le'', IIrIIa1 11 111112 and standby 2gti'Ifls Seiwlce IDetaHs 0 lv� u] III �� C IlIt t ( 'i'n a�H� Mintei, conti,(fl seiw�ces on Q(�)�:,I,Iaty B,2,2 ........... 9.2�j ........... �I2 J,clg 2� !2. ................................................................... .......................................... .......... Y ............... 2 ........... .......... Mhudh IIR.oad IVIauntenance Arji,eei,nent to confol,11,11 to flhen Cu,II,11'ent 1%111l11,m,li'n "Ill'Y'lIll"all,iii'lill'I""air 'll,lilillill'I'llailillill,Ill,cIel'S'ltIg""iillill",Iclllli"a"ii"d's""I'llI 0 lv� u, 1111 C �� I t l 11 ................................................................ ��2,2 1.111 ............ .............. 2111,1,1§) 11(11:111 ............... ............... .............. ............... 2,0 oyei, 2g��2,� ]gj 2�Eogd 2Y g[ JuA[IScfictk)n (��)f Cm,lnty 2�:�j 2flIell,4se connect�ng to at ea,s,t 21ty''111[ () ad s • WIIei,e and Mhen applllca[�fleflhe shall follow the "Canadian Code of Practice for the Environmental Management of Road Salts,,,,',,', and the County of Page 115 of 146 Elgin's,,"Road Salt Management Plan,,",:, a co,�,y g,f Whidh atter docuIrneiiit Is iiiduIded ............... iii dhe appee�]dlx t(:) flhs SdIeclude. ............ GU e6 hER, Fn-4111-Gpakty Shak GGE)perate ae�d qart�Glpate w4h- ak eirRerger4-Gy a'Gad Gk)Se-AI'GS t-()GGAIP� A GG StS !t-(::) fa G 4ate, a ii-ci s �:::A q (-," P� „b.6 8 !the eve" F# 6 ha q 9 q (-:) r- by #4e 112R �-A Ili G b p a ll 4y aii-d ar-e 114GWd8d 1;44�i'., qas(,i',., aii- a�� akeGatkNi-4)r- ser,4GEE.'S. II hi-9 R-)HlRiGbpakty sl4 parIbGbpate 4) FRaFag(,i',., ak tevi;per-ai:y r-ead Gk)sui:es that ar,4,i,, apqi'(-)v(-,,d IJy the k-)Ga11 Fna-AliGbpakty par-ad(-,',,$)-, .............. 8 1 he attadhed App!��]d�x of rdevaiiit Cc)�:'Iiilty Eg��des / ����Iaiiis refiecting a:upgo S-1,1cOpg 2,1111[S"l'lleii",.'ll'y'll,aIll,clelllls["lloil","ilil,Illlrllllill,ll§"I Q2,[j 2,1111[tI,I11-11�lilill"uIll's"S'll"lc""I,I-11�lilill,leId'I'llilll,"IlI,IIll"el""C"I"""'ll""IlI of JI Y'll","Il�Ill""I"2"Q"2"lb 2 2","tllllltllgllglbl"21i�"P"p,,e III d ux u111ch"Id es I I fdHcW11g EIgliil C(:A'I1Ity �"(:)hdes / �Iaiiis ............................. N2 �nllg.y E.2 '.2y • )eeir Wairiii!iiig Signage Icflky �I hER, MeAR-Gpakty shak remeve, aii4y ar�d ak sbgii4age that bE,1GGFn9s a safety GGi4G(erii- d H ("i"', k) s g ht �� � e r- d r-a �� Ra g 8 9 b 64-H G� e ii;- () r- �� s 4) H 114d k) b � ii- a ii- u ii, af8 GG Rd G 14, r- q (-:)s 4 �iii-- t4at ha s the IheeAeer# �� a 4) thf- (-,,, ate e the (ed 9 str �� a iii- r- rn ete r- b st s afiet)" , Aii--),f u:Ai4appireved sIp-age, attaG48d 4) (;(N:AF#),f 1#1'aStR:AG4A1'G shak SaR IViaiiiagg[lieiiit :��Iaiii ����Jfect�ve:: JaiiiuIairy 1, 2M Page 116 of 146 Ilf'°°� Ilf'°°� Ilfllllllll � III �: Page 117 of 146 REPORT TO COUNTY COUNCIL FROM: 1 1. DATE: RECOMMENDATIONS: Peter Dutchak, Acting Director, Engineering Services July 25, 2023 SUBJECT: Road Maintenance Allocations THAT the report titled "Road Maintenance Allocations", from the Acting Director, Engineering Services dated July 25, 2023 be received and filed, and; THAT new road maintenance allocation rates and resulting annual allocation funding as recommended in the report be utilized for the Road Maintenance Agreement effective January 1, 2023. INTRODUCTION: The County's Road Maintenance Agreement (RMA) provides transfer payments to our local municipal partners (LMPs) to fund their County road maintenance responsibilities. Changes in the Province's definition of road classifications has necessitated a change in the unit rate funding provided in the RMA in order to maintain existing annual allocation amounts to LMPs. Additionally, a section of Ron McNeil Line has been transferred to the City of St. Thomas as part of Bill 63 and this change must be reflected in the allocation calculations. This report discusses these changes and how RMA allocations are proposed to be revised. BACKGROUND AND DISCUSSION: Beginning in 2001, payments to municipalities under the Road Maintenance Agreement have been formulated based upon historical costs to maintain a particular classification of roadway as defined by the Province's Minimum Maintenance Standards (MMS). The Province's definition of road classification assesses the average daily traffic volume as well as its posted speed limit. There are approximately 300 unique road classification Page 118 of 146 2 sections across the County's 674km road network. The RMA allocation model, assumes all sections are 80km/h road sections for funding purposes only. This funding concept assumes lower speed sections of road would likely be maintained to a higher standard required for an 80km/h section of road with the same traffic volume. For example, if a snow plow is dispatched to clear its route, it will plough its entire route, notjust the 80km/h sections with shorter response time requirements. This rationale ensured municipalities were provided funding that more accurately reflected their normal and expected practice. Maintenance payments have been revised over the years and also increased by the Ontario CPI for the month of October annually. The table below shows the classification definitions used since 2001 to determine road maintenance allocations, the new MMS traffic volume ranges and also includes the most current rates used for 2023. Road Classification (assumed 80km/h) Average Daily Traffic Volume (pre 2018) Average Daily Traffic Ranges (Current MMS) Historical 2001 Allocation Rates per km 2023 Allocation Rates per km Class 4 50 - 999 50 - 999 $ 2,800.00 $ 4,909.97 Class 3 1000 - 4999 1000 - 4999 $ 2,950.00 $ 5,204.07 Class 2 5000 - 11999 5000 - 22999 $ 3,100.00 $ 5,828.41 Class 1 > 12000 > 23000 $ 3,250.00 $ 7,227.88 The Province amended Ontario Regulation 239/02 in 2018 and one of these changes revised the definitions of road classifications, thus impacting the Road Maintenance Agreement's (RMA) allocation model. Ontario Regulation 366/18 has revised the Classification of Highways table and has increased the traffic volume threshold in some instances. Specifically, the threshold for Class 2 (80km/h) roads has been increased to 22,999 vehicles per day, thus eliminating all Class 1 roads from the County network. This change has necessitated a change in the allocation rates per kilometre of County roads maintained in order to maintain existing funding amounts to LMPs. The table below identifies the current and proposed rates to be utilized in the allocation funding model. Road Classification (assumed 80km/h) EXISTING Allocation Rates per km PROPOSED Allocation Rates per km Class 4 $ 4,909.97 $ 5,310.00 Class 3 $ 5,204.07 $ 5,475.00 Class 2 $ 5,828.41 $ 6,900.00 Class 1 $ 7,227.88 N/A Page 119 of 146 3 Bill 63, St. Thomas - Central Elgin Boundary Adjustment Act, 2023 The Province's Bill 63 transferred a section of Ron McNeil Line (CR 52) from the County of Elgin to the City of St. Thomas' jurisdiction. As a result, a 2.474km long section of a Class 3 road has been removed from the Municipality of Central Elgin's responsibility to maintain as a County road and the funding formula has been revised accordingly. The table below incorporates this Bill 63 change, the new MMS classifications and unit rates into the maintenance allocation funding formula. Maintenance Provider Proposed Allocation/km Total kms Maintained Class 4 $ 5,310.00 Class 3 $ 5A75.00 Class 2 $ 6,900.00 Current Allocation Annual Allocation (using NEW Rates) Difference Town of Aylmer 4.046 0 0.606 3.440 $ 24,596.86 $ 27,053.85 $ 2,456.99 Mun. of Bayham 91.672 28.348 63.324 0 $ 496,693.95 $ 497,226.78 $ 532.83 Mun. of Central Elgin 136.726 12.577 98.360 25.789 $ 783,229.95 $ 783,248.97 $ 19.02 Mun. of Dutton/Dunwich 96.77 46.912 49.858 0 $ 520,160.03 $ 522,075.27 $ 1,915.24 Township of Malahide 145.021 14.682 109.344 20.995 $ 812,920.47 $ 821,485.32 $ 8,564.85 Township of Southwold 99.94 17.004 74.496 8.440 $ 567,255.88 $ 556,392.84 -$ 10,863.04 Mun. of West Elgin 99.64 35.383 64.257 0 $ 539,640.49 $ 539,690.81 $ 50.31 ,Column Total 1 673.815 154.906 460.245 58.664 $ 3,744,497.63 $ 3,747,173.84 1 $ 2,676.21 The resulting annual allocations are maintained to at least the same amount for all LMPs with the exception of the Township of Southwold. Wellington Road (CR 25) has been reclassified from a Class 1 to a Class 2 roadway resulting in this reduction in funding. With the anticipated execution of a new Road Maintenance Agreement, these annual funding allocations will be paid effective January 1, 2023. Rather than seeking a claw back of funds already delivered to the Township of Southwold, staff recommends to maintain the existing funding allocation provided to the Township of Southwold for the balance of 2023. New unit rates are proposed to be utilized in 2024 and going forward. The anticipated annual October CPI applied to the funding formula should restore the current allocation amount to Southwold for the 2024 calendar year. FINANCIAL IMPLICATIONS: The proposed RMA funding revisions will increase the 2023 operating budget by $13,539.25 once the new agreement is executed. Page 120 of 146 0 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin ® Ensuring alignment of current programs and services with community need. ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. Growing Elgin ❑ Planning for and facilitating commercial, industrial, residential, and agricultural growth ❑ Fostering a healthy environment. ❑ Enhancing quality of place. Additional Comments: None. LOCAL MUNICIPAL PARTNER IMPACT: Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ® Delivering mandated programs and services efficiently and effectively. New funding allocation rates will be presented in the new RMA. COMMUNICATION REQUIREMENTS: This report is recommended to be circulated to the LMPs so that these proposed changes are transparently identified. CONCLUSION: The County's Road Maintenance Agreement (RMA) provides transfer payments to our local municipal partners (LMPs) to fund their County road maintenance responsibilities. The Province's MMS roadway classification definitions were revised in 2018, essentially eliminating Class 1 roads from the County's network. The proposed revisions to the unit rates in the funding model ensure that LMPs are provided at least the same funding they currently receive to maintain County roads. Additionally, a section of Ron McNeil Line has been transferred to the City of St. Thomas as part of Bill 63 and this change has also been reflected in the proposed allocation calculations. Page 121 of 146 5 All of which is Respectfully Submitted Peter Dutchak Acting Director, Engineering Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk Page 122 of 146 Progressive by Naturx,, RECOMMENDATION: REPORT TO COUNTY COUNCIL FROM: Brian Masschaele, Director of Community and Cultural Services DATE: July 28, 2023 SUBJECT: Installation of Photographs and Plaques in County Council Chambers and Entrance to Elgin County Administration Building THAT County Council approve of the installation of photographs and plaques in Elgin County Council Chambers and in the entrance to the Elgin County Administration Building subject to the plan laid out in the July 28, 2023 report titled "Installation of Photographs and Plaques in County Council Chambers and Entrance to the Elgin County Administration Building." INTRODUCTION: Renovations to Elgin County Council Chambers and the entrance to the Elgin County Administration Building are now complete. This report seeks County Council's input and approval on the re -installation of certain photographs and plaques both in County Council Chambers and in the building entrance. DISCUSSION: Staff are seeking Council's feedback and direction to install photographs and plaques as follows: Elgin County Council Chambers Framed portrait of His Majesty King Charles III — This will be installed upon official release and will be procured through MP Karen Vecchio's office and the Department of Canadian Heritage. 31 Combat Engineer Regiment (`The Elgins') watercolour presented to Elgin County Council upon Council bestowing "Freedom of the County" to the Regiment, 2008 — See photograph A. Elgin County Courthouse watercolour depicting the first meeting location of County Council — See photograph B. Building Entrance and Hallways • Display unit with current Warden's photograph and official crest —See photograph C. • Plaques of past Wardens — See photograph D. Page 123 of 146 K Annual County Council Photographs and lists of County Councillors since 1852 — Entrance hallways — See Photograph E. Plaques commemorating acquisition of Elgin County Administration Building, 1986 — See photograph F. Original painting of Pearce Family Landing at Tyrconnell, 1809 by Peter Rindlisbacher (purchased by County Council in 2003 as part of celebrations to mark the BiCentennial of the establishment of the Talbot Settlement) — Reception Area - See Photograph G. For Council's information, the antique desk in Council Chambers was originally part of furnishings in the former Elgin County Land Registry Office located on the Courthouse grounds and was transferred to the County prior to the reconstruction of the Courthouse in 2011. This unique desk serves as a link to the County's former administrative offices on the Courthouse grounds. FINANCIAL IMPLICATIONS: Installation will be completed in-house. No further funds are required to proceed. ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin ❑ Ensuring alignment of ❑ Planning for and current programs and facilitating commercial, services with community industrial, residential, need. and agricultural growth ❑ Exploring different ways of addressing community need. ® Engaging with our community and other stakeholders. ❑ Fostering a healthy environment. ® Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: Not applicable. Investing in Elgin ❑ Ensuring we have the necessary tools, resources, and infrastructure to deliver programs and services now and in the future. ❑ Delivering mandated programs and services efficiently and effectively. Page 124 of 146 191 COMMUNICATION REQUIREMENTS: Not applicable. CONCLUSION: The proposed plans outlined in this report are in keeping with County tradition and decorum but do leave flexibility and space should future items be added at Council's direction. All of which is Respectfully Submitted Brian Masschaele Director of Community and Cultural Services Approved for Submission Don Shropshire Chief Administrative Officer/Clerk Photograph A �g M Page 125 of 146 Photograph B Photograph C Page 126 of 146 Photograph D Photograph E Page 127 of 146 Photograph F Photograph G Page 128 of 146 ProgIressive by Nature RECOMMENDATIONS: 1 REPORT TO COUNTY COUNCIL FROM: Jennifer Ford, Director of Financial Services/Treasurer DATE: August 1, 2023 SUBJECT: 1st Quarter Operating Financial Report THAT the report dated August 1, 2023 titled "1st Quarter Operating Financial Report" from the Director of Financial Services/Treasurer be received and filed for Council information. INTRODUCTION: The 1st Quarter Operating Financial summary report provides a snapshot of departmental performance for the months of January through March of 2023 for Council's information. BACKGROUND AND DISCUSSION: After analysis of individual County departments, $304,096 has been identified as operating surplus at the end of March. The following summary outlines the performance by department. ReguIl Iir and Project SiummaryReport Revenue and Wages and IBenefits and Operating Costs Query Data retrlieved on idy 31, 213,23 07,35 ISM March 20!23Year-Toa -Caste +n 0) Corporate, ,Activities (9,65,61079) (9,7191751) 631172 +j 1) Warden And Council 104,105 10616 (7„,923) +i 7)Administrative Services/AgIP'SB, 2941619 2821,905 11,813 ;31) Financial Services 183,049 182,920 129 +i 4) Fl a rnma rn Re ou roes 173191u8 174,0 (57) +j ,5) Administrative Building U9,134 12813f35 759 +n ) Corporate Services 567,018 572,831 (5,817) +j 7) ErngirneeriwngServices (61,425) (671443,) 6,018 -fI ,B) Homes For Seniors, Services 121598 (70,295) 191,993 19) M useuarni/Arclminres 144,39ti 147,00 0 (2, 9) 110) Hbra ryServices 6761757 6631191 131067 111) Information Technology 3471331 3461711 1620 112) P"ruanrirncial Off ernses (21,402) (11135,7) (10,050) 113) Ambulance ularnce & Emergency Services, 819,979 8151071 41909 114) Economic Development & Tourism 191,699 148:!937 32,769 Grarnd Tota11 (5„99151762). (6„29191859).... 3041096 Page 129 of 146 2 FINANCIAL IMPLICATIONS: Staff have provided the following explanations related to departments experiencing performance variances within $25,000 from expected based on the summary above. The Economic Development/Tourism department also includes Planning and Land Division. The positive performance of $32,768 in this department is related to the unfilled Planner vacancy. In Corporate Activities, the $63,172 in surplus is related to interest income rate fluctuations being higher to budget than expected. The majority of the surplus results from within the County's three Long Term Care facilities in the amount of $191,883: Bobier Villa has a surplus of $32,430, Elgin Manor has a surplus of $82,655, and Terrace Lodge has a surplus of $76,798. The General and Admin Department for each facility shows positive performance related to 2022/2023 Covid Funding. This surplus is reconciled and is not subject to Ministry claw back. These surplus funds serve as an offset to negative wage performance experienced in other areas of the Homes. Below is a further detailed summary outlining the individual department performance within the Homes envelope: Budget YTD Actual YTD Perf YTD iDBobierviilllla Adult Day 27,328 2 6, 715 612 BuliillldVimg & IProperlty 104,237 93,,565 10,672 Dietary 113,3' 131,59.8, (18,,298), General &Adir!M (263,849) 322,371) 58,522 iHousekeep !Mg 76,491 77,„4109 (918), Laundry 25,772 29„759 (3,987), ursling & IPersonal Care (31,556), (19,119), (12,436), grogram & Support (4,137), (2,4101), (1,736), i= Ellgirn Manor BuliillldVing & IProperty 139,908 339„025 88,3 Dietary 19 7, 555 195,769 1,786 General &AdmlM (443,0012), �55�0,,585) 107,58,2 NHousekeep!Mg 105,059 104,633 1,42G (Laundry 410,119 37„531 2,589 ursling & IPersonal Care 11,5,624 143,112 (27,488,), grogram & Support (15,322), (11,199), (4,123), i- Terrace Lodge Adult Day 8,4,419 6,4,,433 (14), BuliillldVimg & I roperlty 107,056 91,„004 15,052 Dietary 199,755 197,„131 2,624 General & Adir�ICm (362,,625� �4110,552), 4t7,926, NHousek�eep!Mg 125,8,71 130,865 (3,,9944), (Laundry 64,340 57„435 E,9`05 ursling & IPersonal Fare 35,953 24,054 11,899 r*rograirn & Support (11,250), (8,651), (4,599), Page 130 of 146 3 ALIGNMENT WITH STRATEGIC PRIORITIES: Serving Elgin Growing Elgin Investing in Elgin ® Ensuring alignment ® Planning for and ® Ensuring we have the of current programs and facilitating commercial, necessary tools, services with industrial, residential, resources, and community need. and agricultural growth. infrastructure to deliver programs and services ® Exploring different ❑ Fostering a healthy now and in the future. ways of addressing community need. ® Engaging with our community and other stakeholders. Additional Comments: environment. ❑ Enhancing quality of place. LOCAL MUNICIPAL PARTNER IMPACT: None COMMUNICATION REQUIREMENTS: None CONCLUSION: ® Delivering mandated programs and services efficiently and effectively. The 1st Quarter Operating surplus presented is expected to remain unchanged as we move forward into the 2023 fiscal year. All of which is Respectfully Submitted Approved for Submission Jennifer Ford, Don Shropshire, Director of Financial Services/Treasurer Chief Administrative Officer Page 131 of 146 Together 41"01 �im a k i n g a July 2023 Dear Council, we are Thank you for your dedicated support to the health and well-being of our community through your continued investment in VON Middlesex -Elgin programs and services. Each year, VON Canada focuses on a theme that aligns us all as one VON. This year's theme of Together we are making a difference, rings true on so many levels. As we move forward into better times, we are grateful for the continued dedication of our community. As our volunteer engagement numbers continue to increase, so does our capacity and reach in providing much needed services such as Meals on Wheels, SMART exercise programs and Transportation to priority appointments. Through your support, we help people live every day to the fullest by providing quality care and service that is client -centered and family -focused. We deliver excellent, compassionate care to clients while also supporting their families. VON is a community health care leader. We are continually developing innovative services, care models and initiatives that benefit the entire health care system. Our work reduces emergency room visits, lessens hospital stays and keeps people out of long-term care institutions longer. Your generous donation is making a difference! This year, through your help, we have had the opportunity to expand our Community Nursing Clinic located in the Cherry Hill community. VON has been providing nursing care in local communities for over a century. In addition to caring for clients in their home, we also provide a wide range of nursing care in community nursing clinics. Run by nurses, (RNs and RPNs) the site continues to evolve in efficiency and clinical expertise. In addition to standard nursing services by referral through Home and Community Care Support Services South West, the clinic also offers enterostornal therapy (ET), such as wound or ostomy care. VICTORIAN ORDER OF NURSES FOR CANADA I MIDDLESEX-ELGIN 100-1151 Florence Street, London, ON N5W 21V17 [ T. 519-659-2273 1 www.von.ca VON is accredited with Exemplary Standing by Accreditation Canada Charitable NUmber: 13750 8057 RR0001 Page 132 of 146 Together we are malocing a duffe reilillice As industry wide nursing shortages and staffing challenges continue, the expansion of the community nursing clinics will help ensure continued levels of quality care and access for those who need them. Additionally, VON Middlesex -Elgin continues to partner for local innovation supports; a current example being the Connecting Care to Home (CC2H), a 30-day program providing support, education and monitoring for patients admitted to hospital with heart failure, a partnership between the London Health Sciences Centre (LHSC), Home and Community Care Support Services - South West and VON. Bridging the gap between hospital care and community resources is an important approach to reducing readmissions and promoting self -management of chronic illnesses such as heart failure. With approximately 12,000 people afflicted with heart failure in the Middlesex -London area, it is crucial to help patients navigate the system to access the care needed once out of hospital. And that is the role of clinical navigators who improve the discharge process and teach patients how to manage chronic illness to prevent flare-ups that could result in a trip to the Emergency Department and possible readmissions to hospital. Working with a patient's Home and Community Care clinical care coordinator to ensure a smooth and safe discharge home, the navigators also provide continued communication with the patient's health care team. In addition, patients can access a 24/7 contact number for support and to help avoid needing to go back to the hospital. Data shows the integrated patient care between hospital and home which is enabled by enrollment in the CC2H program, improves patient experience, clinical outcomes and provider experience as well as decreasing the length of hospital stay and readmissions within 30 days. As we continue to strive to provide much needed quality care within Middlesex -Elgin, together, we are making a difference and we could not do it, without your generous support. As a dedicated VON supporter, we would greatly appreciate the opportunity to share some VON updates with you. We have enclosed the VON Middlesex -Elgin 2022-2023 Annual Report for your review and will look forward to connecting with you to further share. Thank you, Howard Shears Kerry Blackwell Chair, Board of Directors Senior Manager, Fund Development VON Middlesex -Elgin VON Middlesex -Elgin Ker..!LackWel�& n-ca VICTORIAN ORDER OF NURSES FOR CANADA I MIDDLESEX-ELGIN 100-1151 Florence Street, London, ON N5W 21V17 I T. 519-659-2273 � www.von.ca VON is accredited with Exemplary Standing by Accreditation Canada Charitable Number: 13750 8057 RR0001 Page 133 of 146 //� we ary Victorian Order of Nurses ce I ebrated its 125th anniversary in 2022. Over the years, ithas become the |argestprovider of home and community care services across Ontario. VON has always been a pioneer, offering innovative healthcare programs and services such asprenatal education, well -baby dinics'schoo!hea|thservicesandcoordinatedhorne programs. It continues to be a leader and this year VON Canacajoined with three other leading home care organizations to present a policy paper to the Ontario government articulating how a partnership between policy makers, funders, providers, and provider organizations could come together to develop the vast potential of the home care sector and ensure that Ontarians are offered the opportunity to age well at home, with appropriate supports the proposal was well received, and the sector received increased funding in theZO23 Ontario budget. Middlesex -Elgin is the largest VON site, offering a broad range of home and community care services. Our dedicated staff and volunteers are recognized as innovators and leaders within the organization. We continue to offer Innovation Grants to encourage our staff to develop their ideas on how we can improve on the delivery of services. Many ofthe programs first developed here in Middlesex -Elgin by both staff and volunteers have been adopted system wide by VON. Our VON volunteers help make a difference in the community by sharing their time and caring for others, A sampling of their roles include: Transportation: they drive clients to medical appointments, the grocery store, orsocial activities and programs. Volunteer visiting: they brighten the day of an isolated senior, physically disabled adult, or person with Alzheimer's ordementia byvisiting them inperson orvirtually. Security checks / reassurance calls: they provide a supportive and uplifting daily phone call to make sure clients are safe and healthy. Adult day program: they assist VON staff in organizing and delivering fun and engaging activities for clients. Meals on Wheels: Deliver hot o/frozen meals in the community while providing a friendly check -in, take clients meal orders via phone or help to pack meals for delivery. We are not without our challenges, one of the largest of which continues to be the recruitment and retention of staff. Another challenge is the disparate systems we rely on. With some health records still paper based and some electronic, itlends tomany inefficiencies. |n2U22.vveembarked onadigital transformation project. VVeselected a digital health solution that is secure, offers accurate and accessible information and that will help us build and sharerepeatableprocesses—savingtinne.increasingsafety, and improving the care vveoffer. VVewill all benefit from this digital transformation —our clients and their families will find it easier to be involved in their care, it will support the recruitment and retention of staff, and it will help our organization bring more home and community care to more people in the in the province. | want tosay thank you tothe staff and volunteers who make VON Middlesex -Elgin such on incredible organization. VVestrive to help clients stay healthy, live well, and remain active. Together vve make every day asfull ofmeaning and hope aspossible. Howard Shears Chair, VON A4iddlese*Bgin Community Corporation Board Page 135 of 146 Our V is ion Every life lived to the fullest. We help people live in their homes and communities by delivering the caring support that they and their families need. Respect. Compassion. Excellence. "These weekly interactions have helped ease my feelings of isolation and loneliness and given me a great connection and friend. " VON Volunteer Visiting Client Adrdra"01 -1, 471, '1, 2O22was avery hardyear for a||ofus, itwas ohard year for me. VVewere fina|k/able to lift some ofthe restrictions placed on us because ofthe pandernic, but nothing could really lift the weight off of me because of some personal things I was going through, But, I had learned that often isolation is the worst enemy of a broken spirit, so I continued oninnlyrole asavolunteer with the VON Friendly Visiting program. Every Wednesday morning, initially by phone, then fina||y in person. | met with e wonderful woman who had recently moved to our community. Every Wednesday | could step out of my misery (| truly can be a real drama queen!) and into her world. Every Wednesday I could visit her, hear about herjoys and struggles, her tarni|\\ her grandchildren, her life before corning to StrathroyAnd every Wednesday, for that visit, which initially might bee3D rninutephuneoa||.butoverthecourseoftheyear beuanneathreehourvi*it.|foundtruejoyandcou|d|aughagain.Thatjoyfi|teredinto the rest ofnnyday and soon started tofilter into the rest ofrnyweek. One day in November, as I was leaving, she said she wakes up Wednesdays and is so happy because she knows I am coming. | could honestly tell her that | felt the same. She didn't know what rnyyearhad been like, but ingiving of myself got somuch more in return. She didn't know that in avery tangible way itfelt like | had my mom back she had so many similar mannerisms, and gave the same soul filling, super -sized, all -encompassing hugs. We don't volunteer to resurrect people from our past, or to fill our emotional needs, but our visits gave me a touch of both. On December 13, 2022 1 got a phone call, from her son, that she had passed away very suddenly. That is the hardest part of volunteering, because our clients can become our friends. We don't necessarily have to volunteer with a given society or group, but when we make the conscious choice to volunteer with VON there isadouble positive effect the prospective client isgiven our time, energy and enthusiasm and we in turn will always be affected and blessed by theirs. Joyce, For the year ending March 2OZ3.VON Middlesex - Elgin hasrnet.andinrnanyvvays.exceededour financial goals for this past fisca|year, however, fund raising continues tobechallenging asthe economy struggles tomove out ofthe pandemic and deals with inflationary costs. VVehave had to connpetefor giftsandbequeststhat eretargeted bymany important and responsible charities. Further, VON Middlesex -Elgin isworking closely with VON Canada 10help fund VON Connect, which will take our organization into the digital future with respect topatient care. VVeare fortunate tohave adedicated family of donors, anchored with acentralized direct mail campaign through VON Canada. Our hard-working staff endeavor toregularly meet with community, corporate, and government donors, inaddition topursuing grant opportunities asthey become available. |naneconomy that isseeing anever-increasing rise incosts along with anacute shortage of human resources across the population, meare grateful for the support that vvehave received. The VON Trivia Challenge was brought back last fall and while abit smaller than inthe past, was a successful fundraiser aswell asanopportunity to connect with the community tohighlight the programs and services VON provides tothose vve serve. Weare looking forward toarevised Activity Challenge inJune after restarting this successful event last year. The challenge this year will provide anopportunity tohighlight some ofthe VON community services through staging the largest 5M/\PTexercise class, in addition to an accessible trail vva|k, scavenger hunt' and community BB{].The Activity Challenge isopen toanyone ofany age and ability and vvelook forward to many ofour community partners joining ustoreach our exciting goal. TheAj|sa Craig breakfast isonagain for June 4th. and vvealways look forward tuthat special event. VVearesogratefu\for the supportofthe |oca| community and the dedication ofanamazing volunteer team who put their heart and soul into this event onbehalf of|oca|VON services. The board was able tore-purpose certain funds near the end ofthe fiscal year tofacilitate the purchase ofanew accessible vehicle for Middlesex Elgin VON, demonstrating the ongoing need for client safety. After considerable lobbying byVON Canada, and the Community Ae|ationsand Advocacy Committee, vvesaw promises nfchange bythe provincial government with respect to home health care funding over the next budget period. VVelook forward tothe future with confidence, recognizing the challenges and knowing that VON Middlesex -Elgin will continue to meet the needs ofour clients, patients and families. To paraphrase our board President "These generous contributions reflect the devotion of the Middlesex Elgin community toensure that programs and supports are in place to help people "Live every day tothe fu|\est" Pon Elliott, Fund Development Committee Chair I "'Inancial Report I"' evenue Fundraising ................................. ........ ........... ........ ....... $222,204 Donations & Grants .................................................$317,720 Investment and Other Income ....................... ................ $27,166 Rental Income ........... ...... .................... $101,000 ����""""�'�' ""� *Note: Disbursements to Realized gain/loss on sale of investments ... ............ ...... $(12,461) local VON and VON Canada _.....__ ._.... m._.._._ _ ........ .._............) programs and services Unrealized (paper) gain investments ...... .$(54754 supported by the Community Corporation $600,875 totalled $551,055. Expenses ($562, 799- 2027) Operational Expenses ..... .. $173270 *Full audited financial ............... statements and report Net Available for VON Programs $427,605 are available upon request. uuwww�nmm�mimimmiuuuurt iiui iv�wrwur.+nr�smawrvswuuwui. � a. � �, �/////%///��//�%%%//%,+. COUNTY OF ELGIN By -Law No. 23-35 "A BY-LAW TO CONFIRM PROCEEDINGS OF THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY OF ELGIN AT THE AUGUST 8, 2023 MEETING" WHEREAS, pursuant to Section 5.1 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the powers of a municipality shall be exercised by its Council; AND WHEREAS pursuant to Section 5.3 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, the powers of every Council shall be exercised by by-law; AND WHEREAS it is deemed expedient that the proceedings of the Municipal Council of the Corporation of the County of Elgin at this meeting be confirmed and adopted by by-law. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: THAT the actions of the Municipal Council of the Corporation of the County of Elgin, in respect of each recommendation contained in the reports and each motion and resolution passed and other action taken by the Municipal Council of the Corporation of the County of Elgin, at its meeting held on August 8, 2023 be hereby adopted and confirmed as if all such proceedings were expressly embodied in this by-law. 2. THAT the Warden and appropriate officials of the Corporation of the County of Elgin are hereby authorized and directed to do all things necessary to give effect to the actions of the Municipal Council of the Corporation of the County of Elgin referred to in the preceding section hereof. 3. THAT the Warden and the Chief Administrative Officer, or alternate, are authorized and directed to execute all documents necessary in that behalf and to affix thereto the seal of the Corporation of the County of Elgin. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 8T" DAY OF AUGUST, 2023. Don Shropshire, Ed Ketchabaw, Chief Administrative Officer/Clerk. Warden. Page 146 of 146