2072
:---:--~"""'^'~'---'.'-"':.~'
.., COUNTY OF ELGIN
By-Law No. 2072
Bein To Authorize the Execution of an Agre~ment Bet~~the
Coup.;!: £ and the County of Middlesex for the Division ef Costs
for the Building of the Willys Bridge."
WHEREAS the Corporation of the County of Elgin has determined
that it is desirable to replace theWillys Bridge over the Thames River
AND WHEREAS the replacement of the bridge is the joint
responsibility of the County of Elgin and the County of Middlesex.
AND WHEREAS it is desirable that a division of cests be set
forth.
NOW THEREFORE it is hereby enacted that the Warden and Clerk
ef the County of Elgin be and are hereby empowered to sign the Agreement
(hereto attached as,$chedule A) between the County of Elgin and the
County of Middlesex for the construction of the said Willys Bridge and
the division of costs incurred therein.
READ a first time this 23rd day of January, 1969.
READ a second time this 23rd day of January, 1969.
READ a third time, and finally passed, this 23rd day of
January, 1969.
~~
Warden
MEMORANDUM OF AGREEMæNT entered into 23rd day of'
,)'anIU'IlfY 9 A. D. 1969.
BETWEEN:
THE CORPORATION OF THE COUNTY OF MIDDLESEX
hereinafter referred to as It'Middlesex"
OF THE FIR$TPART
- and -
THE CORPORATIÒN OF THE COUNTY OF ELGIN
hereinaftér referred to as " Elgin "
OF THE SECOND PART
WHEREAS it has been deemed expedient and in the publi'c interest
to construct as soon as practicable a bridge and highway crossing
of the Thames River, Lot 13, Concession A of the Broken Front,
Dunwich Township, in the County of Elgin, and Lot 14, Concession
lV, Ekf'rid Township, in the County of Middlesex. -
AND WHEREAS the existing bridge is the joint responsibility of the
Parties to this Agreement and is inadequate for present traffic
volume and loaäings,and is out of repair,
AND WHEREAS the Parties have agreed to construct a bridge and
highway crossing,and to share its cost in the manner set out
in this. Agreement,
NOW THEREFORE THIS AGREEMENT WITNESSETH that inconsideration
of the premises. covenants and agreements herein contained, the
Parties hereto hereby agree as follows:
1. Where used in this Agreement the following definitions
shall apply -
(a) "Engineer" shall mean the County Engineer of the County
of Elgin.and the County Engineer of the County of Middle-
sex, and any competent, qualified person or firm author-
ized by the respective Councils to act for or on their
behalf.
(b) " The existing bridge" means the bridge presently
connecting the County of Elgin and the County of Middle-
sex which crosses the Thames River, located in Lot 13,
Concession A, the Broken Front, in the Township of Dunwich
in the County of Elgin, and in Lot 14 of Concession IV
in the Township of Ekfrid in the County of Middlesex.
(c) "The new bridge" means the highway crossing of the Thames
River to be constructed under this Agreement and includes
all foundation and structural work necessary for theconstructioJ
and all approach work and re-alignment of the existing road
necessary to connect the new st,ructurewith, the existing road.
2. (a) The Parties shall acquire and individually pay for all. prop-
erty in their own County nece$sary for the bridge and approachßs
therßto.
(b) All studies and all plans and specifications prepared by the
Consulting Engineers shall be submitted to and approved by
the Parties to this Agreement and the Department of Highways
of Ontario.
(c) The Parties have hired and entered into an Agreement with
the firm of, R.C. Dunn & Associated Limited, Consulting Eng-
ineers, who shall carry out all preliminary studies, all
surveys and necessary investigations to design the new bridge
-
and to prepare all plans and specifications, and supervise
the construction of the new bridge and the demolition of the
existing bridge.
3. (a) Elgin agrees to obtain all reports, plans, drawings, contract
documents, government approvals and any other things or items
from the Consulting Engineers or from any other source
necessary or desirable for the orderly completion of the work.
(b) Elgin shall advertise for and receive tenders for any contracts
let under this Agreement and shall purchase by tender, quot-
ation or otherwise, any material or other goods necessary to
build the new bridge and remove the existing bridge, but before
doing so, shall obtain the approval of Middlesex of the con-
tracts, materials, procedures to be used, and of the successful
tenderer on any such contract.
(c) Elgin has sole discretion in the prosecution of the work, in
the supervision of the Consulting Engineers, in the issuing
and approval of utility moving orders, and in all other
matters relating to the work, except as provided for herein.
4. The cost of the construction of the bridge and the adjacent
(100) one hµndred feet of, approaches shall be. divided' evenly
between Elgin and Middlesex. The County of Middlesex shall
pay 100% of the cost of,)".:t.'he construction of the roadway approac
beyond 100 feet from the'end of the bridge that lies within
the County of Middlesex, and the County of Elgin shall pay
100% of the cost of construction of the roadway approaches
',""
beyond 100 feet from the end of the bridge that lies within
the County of Elgin. Preliminary Site Surveys and Soil Tests
and Engineering Work shall be deemed to be a part of bridge
and shall be divided equal~y. Engineering Design and Super-
vision costs are to, be divide'd Pro Rata to the total of the
bridg~ and both approa,ches.
Bridge is completed, itsh be maintained
cost of such maintaina shall be
~ Elgin shall
th, cost of such
forthwith
bill
maintainance,
and Middles^x.
Middlesex yearly for their share of e
which Middlesex shall pay
.
After the new
by Elgin, and the
divided evenly between Elgin
Each Pa shall m provision in a road expenditure
by-law roved by e Ontario Department of Highways
for the timated ~"r that they will become
liable Iv. , under this ånd shall make
individually to the
subsidies that
7.
any
Act
.
Department of Highways, Ontario for
are payable under the Highway Imprövemen1
~~-
^~""enditures
Agreement
application
6.
audit and give all
or to the Department
examination and audit
.
of Ontario,
reasonable assistance
Ontario
of Highways,
exam:1.nátion
to Middlesex
with sucþ
.
all
shaH
documents, and
Department of Highways
if required,
vouchers
make any or all of such records
available to Middlesex and the
for and
expenditures,
relating to the cost of construction of the new bridge and
demolition of the existing bridge
proper documents and
with
and
incurred by it,
.vouchers relating the:reto
,
together
Elgin shall maintain duringc()~struction
of seven years thereafter full records'of
and
all
(b)
,
for a, period
reason,able form and detail as, ',Mid"dl,e,se,x, ."m,ayre"<l,,, Ui,!",e.
. '. ",' " ..0 ','~ .' ", ,,' .': " ."~ .~~' ~.. ":",' "":',: .:: . :.:. . . ':':
Upon receipt thereof, Middlesex shal1paY,thé;l.r share
in accordance wit,h Section 4 of this Agre,ement, forth-
with to the Treasurer of the
County of Elgin.
new bridge
existing bridge and shall, from
time to time, but not more frequently than monthly,
submit to Middlesex, a statément of such payments cer-
tifiedby the Engineer for .the CountyOfElg1~, :l.nsuch
relocation, and
and the removal of
the
the
5.
(a)
>
IN WITNESS WHEREOF the Parties hereto have hereunto affixed
their Corporate Seals and the hands of their proper Officers.
THE CORPORATION OF THE COUNTY OF MIDDLESEX
-
WITNESS
(~--
February 11, 1969 CJ·",:-~ 8-- - ~
DATE CLERK
THE CORPORATION OF THE COUNTY ,OF ELGIN
.
~ , 2
.'Çc; / 7S . .J-;; .....,
',' -":"" ~~....,," 'J--
.~. ~.
WITNESS WARDEN
January ~, 1969
~.,o;
DATE