88-50
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COUNTY OF ELGIN/
By-Law No. 88-50
"BEING A BY-LAW TO AUTHORIZE THE WARDEN AND THE CLERK TO SIGN AN
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AGREEMENT BETWEEN THE COUNTY OF ELGIN AND THE COUNTY OF MIDDLESEX
TO SHARE THE COSTS OF REPLACING THE MIDDLEMISS BRIDGE."
WHEREAS the bridge known as the "Middlemiss Bridge"
located over the Thames River on Middlesex Road 9 of Lot 1, Range
VIIS, Township of Ekfrid, in the County o,f Middlesex, and on
Elgin Road 14 at Lot C, Concession III, Township of Dunwich, in
the County of Elgin, is under the joint jurisdiction of both
part ies; and
WHEREAS it has been deemed desirable by both County
Councils to replace the existing Middlemiss Bridge with a new
structure and approach roads and to share its cost in the manner
set out in an Agreement.
NOW THEREFORE the Municipal Council of the Corporation
of the County of Elgin enacts as follows:
1. That the Warden and the Clerk are hereby authorized to
sign an agreement, with the County of Middlesex, setting out the
manner in which the costs of replacing the Middlemiss Bridge,
will be shared.
READ a first time this 13th day of September, 1988.
READ a second time this 13th day of September, 1988.
READ a third time and finally passed this 13th day of September 1988
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THIS AGREEMENT made this day of 19'ß 8
BETWEEN:
THE CORPORATION OF THE COUNTY OF MIDDLESEX
hereinafter referred to as "Middlesex"
of the FIRST PART
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AND:
THE CORPORATION OF THE COUNTY OF ELGIN
hereinafter rèferred to as "Elgin·
of the SECOND PART
WHEREAS the bridge known as the "Middlemiss Bridge"
located over the Thames River on Middlesex Road 9 of Lot 1 , Range
VIIS, Township of Ekfrid, in the County of Middlesex, and on Elgin
Road 14 at Lot C, Concession III, Township of Dunwich, in the
County of Elgin, is under the joint jurisdiction of both parties;
and
WHEREAS it has been deemed desirable by both County
Councils to replace the existing Middlemiss Bridge with a new
structure and approach roads and to share its cost in the manner
set out in this Agreement.
IN CONSIDERATION of the premises, covenants and agree-
ments herein contained, the parties mutually agree as follows:
1. Elgin shall retain the services of Parker Consultants
Limited, 747 Hyde Park Road, London, to carry out investigations,
design the new bridge, prepare the plans and specifications, and
to supervise the construction of the new bridge and demolition of
the existing bridge. Elgin shall pay the Consultant and invoice
Middlesex for its share of the costs.
2. Elgin agrees to obtain all necessary approvals and per-
mits for the construction of the new bridge and approaches.
3. Upon completion and approval of the final contract docu-
ments by both parties and by the Ministry of Transportation,
Ontario, Elgin will advertise for and receive tenders for, con-
struction of the new bridge and a portion of the approaches, and
shall purchase by tender or quotation any other material and
services necessary to complete the work. Before accepting any
tender or quotation on any work on which Middlesex is required to
share in the cost, Elgin shall obtain the approval of Middlesex.
4. Each party shall acquire, in their own County, the nec-
essary road widenings to construct the new bridge and approaches
including survey and legal costs.
5. Cost sharing for the new bridge and approaches, includ-
ing land purchase, engineering, supervision and removal of the
existing bridge shall be as follows:
(a) for the costs of engineering and the necessary
approvals; 50% by Middlesex and 50% by Elgin.
(b) for the costs of land purchase including legal and
survey costS¡ 100% by Middlesex for land acquired in
Middlesex County and 100% by Elgin for land acquired in
Elgin County.
(c) for the costs of construction of the new bridge
including erosion protection, 30 metres of approaches on
each side of the new bridge, removal of the existing
bridge and including supervision by the Consultant of
the above works; 50% by Middlesex and 50% by Elgin
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(d) for the costs of approaches beyond 30 metres from
the ends of the new bridge including supervision by the
Consultant if necessary; 100% by Middlesex for
approaches in Middlesex County and 100% by Elgin for
approaches in Elgin County. Supervision'costs by the
Consultant shall be prorated in the same proportions as
the bridge and approach works included in the Contract.
6. Elgin shall make all payments for engineering, supervi-
sion, construction of the new bridge and approaches and removal of
the existing bridge and shall invoice Middlesex on a monthly basis
for its share. Such invoices shall be certified as correct by the
Elgin County Engineer and Qe in suf.ficient form and detail as
required by Middlesex to verify the portions of the work included.
Upon receipt of invoices and subsequent approval, Middlesex shall
pay the Treasurer of the County of Elgin, the amount of such
invoices.
7. Elgin shall maintain during construction and for a
further period of seven years thereafter full records of all
expenditures relating to the costs for the total project including
all documents and vouchers relating thereto. Copies of all such
records shall be made available if necessary, to Middlesex and the
Ministry of Transportation, Ontario, for the purposes of examina-
tion and audit and Elgin shall give all reasonable assistance as
required for the interpretation of such documents.
8. Each party shall make provisions in their road expend-
iture by-law or by other arrangements if necessary for the
estimated expenditures that they will be liable for under this
agreement, and each shall make application individually to the
Ministry of Transportation, Ontario, for any subsidies that are
payable from the Ministry.
9. Upon completion of the new bridge, the new structure
will be under the joint jurisdiction of the two Counties with
future maintenance costs being shared on the basis of 50% by
Middlesex and 50% by Elgin.
IN WITNESS WHEREOF the parties hereto have duly executed these
presents with effect from the day first above written.
THE CORPORATION OF THE COUNTY OF MIDDLESEX
Warden
Clerk
THE CORPORATION OF THE COUNTY OF ELGIN
Y Warden
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Clerk
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