HomeMy WebLinkAboutINS-2021-7 - Agreement for Maintenance Services on Regional Roads
REPORT TO: Committee of the Whole
DATE OF MEETING: October 18, 2021
SUBMITTED BY: Roslyn Lusk, Director Operations, Roads & Traffic, (519) 741-2600
x4599 and Niall Lobley, Director Parks & Cemeteries, (519) 741-2600
X4518
PREPARED BY: Roslyn Lusk, Director Operations, Roads & Traffic
(519) 741-2600 x4599
WARD (S) INVOLVED: All Wards
DATE OF REPORT: October 6, 2021
REPORT NO.: INS-7-21
SUBJECT: Agreement for Maintenance Services on Regional Roads
__________________________________________________________________________________________
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute the Agreement for Maintenance Services with
the Region of Waterloo for the provision of summer and winter maintenance services on selected
Regional roads within the City of Kitchener, as outlined in the Infrastructure Services Department
report INS-7-21 following Regional Council approval, expected to be granted on October 20, 2021,
said documentation to be to the satisfaction of the City Solicitor; and further,
That the Operations Roads & Traffic staff complement be increased by seven (7) full-time
equivalents pursuant to the terms of the
agreement between the City of Kitchener and the Region of Waterloo.
BACKGROUND:
Since the formation of the Region of Waterloo in 1973, the City of Kitchener has provided maintenance
of Regional roads within the City of Kitchener, via an agreement with the Region through which residents
benefit from more seamless and efficient service delivery. The establishment of the agreement with the
Region is consistent with practices employed by the cities of Cambridge and Waterloo. The term of the
current agreement between Kitchener and the Region runs from January 1, 2021 until December 31,
2021; as agreed to by Council per staff report INS-20-007 dated July 8, 2020.
REPORT:
The rationale for City forces to continue to provide cores services on Regional roads through an
agreement with the Region has been long standing. As such, staff have been working with the Region,
in collaboration with area municipalities to establish a new agreement to be in place beyond December
2021.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Through two staff reports, INS-19-061 and INS-20-007, the existing agreement has been extended due
to several factors; including the decision to extend the agreement for a 1-year period in 2019 to gather
real data to understand the impacts on services with the operationalization of the ION and then an
additional year when negotiation talks were paused in March 2020 as all municipalities turned focus to
emergency response related to the pandemic. The current agreement expires on December 31, 2021.
Negotiations recommenced in fall of 2020 and staff from the Region and the area municipalities have met
regularly since. Negotiations were conducted to establish a mutually suitable agreement between the
Region and the individual cities for a 5-year period from January 1, 2022 to December 31, 2026. While
each municipality enters into a separate agreement with the Region, the basis of the agreement remains
virtually identical, with each individual municipality establishing base amounts to provide specific
maintenance activities on the Regional roads lying within their respective boundaries. Base amounts are
established as a minimum value of the agreement and to allow both parties to establish fiscal budgets.
Scope of Agreement
Maintenance activities included in the existing agreement remain generally unchanged under this new
agreement and generally includes the following:
Road patrol
Surface asphalt maintenance
Shoulder maintenance
Street sweeping
Spring cleanup (litter pick up)
Right of way drainage including catch basin and maintenance hole maintenance
Leaf pickup and disposal
Winter snow and ice control
Emergency response (e.g., accidents, washouts, spills, tree damage, debris, etc.)
Preventative maintenance agreed to by the Region, paid as extras to the contract on a time and
material basis.
Key Differences Between Current and New Agreement
In previous contracts, base amounts were split into two types of activities: winter maintenance activities
and summer maintenance activities. Winter billings were done on a time and materials basis, with a 65%
minimum standby charge during the months of November to March .
The 65% standby represents compensation for additional resources (i.e., staff and equipment) the city
only has to support our obligations to the Region under the agreement. The current agreement includes
the provision that any costs exceeding the 100 percent baseline cost, up to 105 percent of the baseline
cost, are borne solely by the Cities and any costs exceeding 105 percent baseline cost, are borne by the
Region.
In the summer months (April to October), the billings were fixed and based on the lump sum budgets
established and agreed upon when the contract originated; adjusted yearly with annual inflation.
There were many items that crossed into both seasons (example potholes, road patrol) so a portion of
the costs were captured via winter actual billings and a portion was covered in the summer lump sum.
All parties agree the methodology of costs being in grouped into seasonal activities
is confusing and does not align with how the work is performed over the course of a year.
The new agreement establishes three categories of costs:
Winter this will represent purely winter costs for snow and ice control, including plowing, salting,
sanding, snow fence, loading, and winter road patrol. Winter costs are billed based on actuals
and will still include 65% standby however the provision for Cities to be responsible for costs
between 100% to 105% of baseline has been removed.
Lump Sum these activities are considered routine in nature and do not have large variability
year to year. A lump sum amount can be established and billed over a 12-month period. This
includes sweeping, debris pickup, routine road patrol and supervision charges.
Time and Material these activities take place over the course of 12 months but have more
variability and uncertainty and therefore will be billed based on actuals. A base amount will be
established as part of the contract for budgeting purposes. These activities include pothole
repairs, gravel shoulder maintenance, sewer maintenance, emergency response and operating
costs for the Snow Storage and Disposal Facility (SSDF).
The contract amount has increased beyond inflationary increases from the previous contract amount,
mainly due to the following factors:
Growth in Regional infrastructure now requiring maintenance; including a 375% increase in lane
km requiring shoulder maintenance and 10% increase in lane km now requiring year-round
maintenance previously only requiring only winter maintenance.
Changes to the Minimum Maintenance Standards in 2018, which include more stringent
requirements for the winter maintenance of bike lanes, has also increased the requirements to
clear all 74 km of bike lanes on Regional roads and load snow from 14.6 km of bike lanes on
Regional roads;
Recently constructed cycling facilities, such as raised cycle tracks and separated facilities,
require additional maintenance and in some cases, specialized equipment;
the operationalization of the SSDF and cost allocation for storage/disposal of snow from Regional
roads; and,
ION becoming operationalized since the completion of the last agreement and specialized
requirements to maintain the 10.5 km of roadways adjacent to the ION rapid way. In particular,
the need for snow loading (removing snow from these roadways and disposing at the SSDF) has
increased significantly along these roadways due to the lack of space for storing snow which
results in the need to lift snow after almost every snow fall.
service level delivery, an
additional full time equivalent (FTE) complement of seven (7) staff are required.
Region of Waterloo staff has reviewed the revised contract amounts, have scrutinized, and accepted the
values; and have agreed to fund the staff resource requirements
operational budget.
October 12, 2021 with final ratification by Regional Council expected on October 20, 2021.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
delivery of core service.
FINANCIAL IMPLICATIONS:
The 2022 contract amount for winter and summer maintenance to the City of Kitchener is $4,165,510.
This amount will be adjusted annually by inflation and by any additional lane kilometer in accordance with
the terms and conditions identified in the agreement.
It is important to note this contract is setup on a cost recovery basis so any increase in revenue is the
result of increases in anticipated expenses.
Funding for additional staff resources comprises a portion of the contract amount and is fully funded
within the 2022 proposed operating budgets resulting in zero impact to the tax base
for these additional staff.
COMMUNITY ENGAGEMENT:
INFORM This
committee meeting.
PREVIOUS CONSIDERATION OF THIS MATTER:
Staff Report INS-14-019 dated September 8, 2014.
Staff Report INS-19-061 dated September 18, 2019.
Staff Report INS-20-007 dated July 8, 2020.
ACKNOWLEDGED BY: Denise McGoldrick, General Manager, Infrastructure Services
REGION OF WATERLOO TRANSPORTATION DIVISION
MAINTENANCE AGREEMENT WITH LOCAL MUNICIPALITIES
This Agreement made this _________ day of _______, 2021
BETWEEN:
The Regional Municipality of Waterloo
- and
The City of Kitchener
WHEREAS the Region has jurisdiction over Regional roadways that are located within the
boundaries of the Local Municipality:
AND WHEREAS the parties have agreed, subject to the terms and conditions herein, that the
Local Municipality shall provide certain road maintenance services on selected sections of the
said roadways;
NOW THEREFORE IN CONSIDERATION OF the covenants and agreements herein contained
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto covenant and agree to carry out the terms and conditions of
this Agreement as follows:
TERMS AND CONDITIONS
1.0 Scope of the Maintenance Agreement
a) The Local Municipality shall provide routine and winter maintenance services on selected
Regional roads within the Regional Municipality of Waterloo. These services, with some
exceptions, as shown in the Schedules A, B, C, and D attached hereto, are to be provided
based on the terms of this Agreement. Work not included in this Agreement will generally
be paid for on a Work Order basis issued by the Region and in a form satisfactory to the
Region, after negotiation between the parties. The scope of this Agreement may be
modified by the Region in writing, subject to agreement by both parties to payment
adjustments. The scope of this Agreement may also be modified by mutual agreement of
both parties.
b) This Agreement is for the work to be performed by the Local Municipality as identified in
and includes items such as:
i. Hot / Cold Patching;
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Document Name: 2022_2026 AMA Working Agreement
ii. Shoulder Maintenance;
iii. Storm Sewer Maintenance and any related Curb and Gutter work required;
iv.Emergency Response;
v. Machine Street Sweeping;
vi. Debris Pick Up;
vii. Spring Roadside Winter Damage Repair;
viii. Routine Road Patrol;
ix. Snow and Ice Control;
x. Snow Loading / Hauling;
xi. LRT Snow Loading and Hauling;
xii. Snow Fence Remove / Installation;
xiii. Winter Representative Patrol;
xiv. Snow Disposal Facility Operation; and,
xv. Maintenance Outside Agreement Approved by Region, provided that payment for such
work shall be at an added cost to the Region, to be negotiated and agreed between the
parties.
c) For greater clarity, this Maintenance Agreement does not include the following work:
i. Sign installation and maintenance;
ii. Traffic control signal maintenance;
iii. Centre and edge line painting;
iv. Special markings and crosswalks (zone painting);
v. Bridge structure maintenance (except for roadway and pedestrian surfaces);
vi. Catch basin cleaning and ditching;
vii. Crack Sealing;
viii. Preventative tree maintenance and planting;
ix. Street lighting;
x. Utility cut repair for which the Local Municipality charges back to the utility;
xi. Vegetation management (for example gardens, grass cutting, island trimming, etc.);
xii. Safety devices (guide rail, end treatments);
xiii. Retaining walls, noise walls, and fences;
xiv. Graffiti removal;
xv. Concrete work related to curb, gutter, or boulevard with the exception of when related
Storm Sewer work is completed; and,
d) Electronic Control System for Salt/Sand Spreader for Winter Maintenance.
i. To ensure the efficient use of salt and sand used on the Regional road system and to
all vehicles used to perform winter snow and ice control work under this Agreement
shall be equipped with ground speed automatic spreader controls capable of reporting
tonnes of material used and spread rates. Controllers must have downloadable on
board memory that stores winter trip events and must also be compatible with the
purpose of vehicle and data tracking.
e) Ontario Traffic Manual (OTM) Book 7 and all Applicable Laws, Legislation, and
Regulations.
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Document Name: 2022_2026 AMA Working Agreement
i. The Local Municipality shall follow all applicable laws, legislation and regulations while
providing all Work outlined in this agreement. Without in any way limiting the foregoing,
to ensure uniformity and safety, the Local Municipality will be in compliance with the
traffic protection requirements as outlined in the Ontario Traffic Manual Book 7 when
performing Work on Regional roads under this Agreement.
2.0 Term of Agreement
st
The term of this Agreement shall be effective commencing on the 1 day of January, 2022 and
shall remain in effect until the 31st day of December, 2026. Both parties agree to meet and review
the terms and conditions yearly, and amend the Agreement in writing, if necessary.
3.0 Notice
Notice by either party shall be served by electronic transmission, registered mail, or courier, postage
or delivery charges prepaid, addressed, in the case of a Local Municipality, to (as applicable):
The City of Cambridge
50 Dickson Street
Cambridge ON N1R 8S1
Attention: Director of Operations
hausserm@cambridge.ca
The City of Kitchener
P.O. Box 1118
200 King Street West
Kitchener ON N2G 4G7
Attention: Director, Operations Roads & Traffic
roslyn.lusk@kitchener.ca
The City of Waterloo
265 Lexington Court
Waterloo ON N2J 4A8
Attention: Director of Transportation
christine.koehler@waterloo.ca
And in the case of the Region, to
The Regional Municipality of Waterloo
150 Frederick Street
Kitchener, ON N2G 4J3
Attention: Director, Transportation
svandekeere@regionofwaterloo.ca
And all such notices shall, if delivered by email with confirmation of delivery, be deemed to be have
been received the same day if delivered before 4:30 p.m. on a business day of, if not, then the next
business day, or if delivered by mail, be deemed to have been received by the addressee on the third
business day following mailing, or if delivered by courier, on the day of delivery unless delivered on
a weekend or holiday, in which case it shall be deemed to have been received on the next business
day. Either party may change their address for service on written notice to the other party.
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Document Name: 2022_2026 AMA Working Agreement
4.0 Description of the Work Area
The work area that the Local Municipality shall be responsible for maintaining as described in
Work . Each roadways limits, its
centerline distance, lane mileage and cycle lane mileage is shown.
For the purpose of this Agreement, every road under the jurisdiction of the Region of Waterloo has
been classified according to the Ontario Regulation 239/02 or any supplemental or successor
regulation. For greater clarity, the average annual daily traffic counts will be measured by the
Regional Traffic Engineering department and used in conjunction with posted speed limits to quantify
associated road class. It shall be the responsibility of the Region to ensure that the Local Municipality
has accurate information regarding the road classification for the Regional Roads. Road class
information for each Regional Road segment will be provided to the Local Municipality electronically
through a shared GIS platform.
For greater certainty, a maintenance lane calculation represents a length of a roadway section that is
to be maintained. A Maintenance Lane Length is calculated by the following formula:
A lane of any width is determined to be a maintenance lane if it meets the following criteria for the entire
length of a section of road (block to block)
- A continuous marked traveled lane
- Back to back marked left/right turn lane
- Marked left or right turn lane
- Marked gore areas equivalent to at least a standard lane width
A bike lane calculation represents a length of bike facility (bike lane or paved shoulder) that is to be
maintained. A bike lane length is calculated by the following formula
All parties hereto agree that there are maintenance cost differences between types of bike
lanes. The Region is currently undertaking a review of its bike lane infrastructure. Changes to
bike lane criteria and differences in maintenance costs will be addressed for 2023 and
amended as part of the terms of this Agreement and in accordance with Section 8.0 hereof.
5.0 Roles and Responsibilities
5.1 Duties of the Region
a)
administrative services of the Agreement.
b) The Agreement Administrator shall represent the Region during the life of this Agreement
in its day-to-day administration. All instructions to the Local Municipality will be issued by
the Agreement Administrator and all claims, disputes and other matters in question relating
to the performance and quality of the Work or the interpretation of the Agreement
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Documents shall be initially referred to the Agreement Administrator who shall respond in
a timely manner.
c) The Agreement Administrator may review the Work performed by the Local Municipality
from time to time and meet with Local Municipality staff to resolve any issues that may
arise with respect to conformity with the Agreement. Such review will not be unreasonable
and it is anticipated to include only those items that arise from observations or complaints
received by either party for activities that are not in conformance with for
activities such as plowing/salting streets, sweeping roadways and bicycle paths, pothole
patching, etc. It shall not include testing the quality of products used e.g. patching
materials.
The Region reserves the right to stop any Work being performed by the Local Municipality
if, in the reasonable
concern to the traveling public. The Local Municipality shall not continue with such Work
until the Local Municipality provides the Region with an appropriate Traffic Protection Plan
and receives written approval for such plan.
The Agreement Administrator will schedule an Annual Inspection with a representative of
the Local Municipality. The inspection shall take place in early spring of each year in order
to develop maintenance needs and spot asphalt repair areas.
In no way will the role of the Agreement Administrator absolve or release the Local
Municipality of its duties and obligations under this Agreement.
d) The Region shall provide the Local Municipality the most current road class of the Regional
road network on a monthly basis throughout the Agreement.
5.2 Duties of the Local Municipality
a) The Local Municipality shall monitor weather, patrol and maintain the Work Area to a
standard as set out in the Municipal Act - Ontario Regulation 239/02 or successor
Regulation as well as all other applicable laws and in accordance with the Regional Quality
Standards are
b) The Local Municipality shall designate a main contact person for this agreement. The
contact person shall represent the Local Municipality in dealings with the Agreement
Administrator including attending the Annual Inspection
c) The Local Municipality shall follow S for a detailed description of Maintenance
Activities.
d) As part of its patrolling responsibilities, the Local Municipality shall record and inform the
Agreement Administrator of maintenance repair requirements/deficiencies found requiring
action that fall outside the scope of the Work so the Region can take action to repair.
e) The Local Municipality shall carry out its duties under this Agreement, in accordance with
all applicable technical standards and specifications (e.g. OPSS, CSA etc), all
Governmental Laws and Regulations including but not limited to the Occupational Health
f) The Local Municipality will develop a Salt Management Plan that meets the content of
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to minimize the impact on drinking water sources from application of winter maintenance
chemicals on roads, sidewalks, bike lanes and trails.
Where a Chloride and/or Sodium issue has been identified, the Local Municipality shall
review and, if necessary, revise their Salt Management Plan for the application of salt on
roads and bike lanes in all Wellhead Protection Areas. The Salt Management Plan shall
include, as a minimum, measures to ensure application rate, timing, and location reduce
the potential for salt-related surface water run-off and groundwater infiltration and meet the
objectives of En
Road Salts including salt vulnerable area requirements under the Clean Water Act.
g) The Local Municipality shall have complete control of the Work required under this
Agreement and shall effectively direct and supervise the Work so as to ensure conformity
with the Agreement. The Local Municipality shall be responsible for maintenance and
construction means, methods, techniques, sequences, and procedures and for
coordinating the various parts of the Work.
h) The Local Municipality shall obtain the necessary permits from the Region as required
-Law #07-029, or any successor By-Law, and
complete all work in accordance with the By-Law and permits.
i) By agreeing to perform the Work under this Agreement the Local Municipality
under the OHSA, and any other applicable laws, and shall ensure that all Work is carried
out in accordance with the OHSA and its regulations. This includes, but is not limited to,
the duties to provide a safe workplace; prepare and provide Traffic Protection Plans for
each activity performed by their employees; provide information and educate workers on
workplace hazards; appoint a competent supervisor; prepare and provide a health and
safety policy, implement a comprehensive health and safety program to support the policy
and take every reasonable precaution to protect the health and safety of workers.
5.3 Dispute Resolution
If a dispute arises out of, or in connection with this Contract, and the parties do not resolve
some or all of the dispute through discussions then:
a) Written notice, containing a request to negotiate, shall be given by either party to the
other(s). This notice shall be given promptly in order to prevent further damages resulting
from delay and shall specify the issues in dispute.
b) Negotiations shall occur first between representatives of the Local Municipality (applicable
Supervisor, Operations - Roads and Traffic) and the Agreement Administrator (the
). If the Site Negotiations do not resolve some or all of the issues in the
dispute within 5 business days after notice has been given, then the parties shall attempt
to resolve the issues in dispute through a second level of negotiations, between the
Manager, Maintenance Operations of the Local Municipalit
Transportation (the . If the Operations Negotiations do not
resolve some or all of the issues in the dispute within 5 business days, then the parties
shall attempt to resolve the issues in dispute through a third level of negotiations, between
the Director, Operations Roads and Traffic of the Local Municipality and the
Director of Transportation Director If the Director Negotiations do not
resolve some or all of the issues in the dispute within 5 business days, then the parties
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shall attempt to resolve the issues in dispute through a fourth level of negotiations, between
the General Manager, Infrastructure Services of the Local Municipality and the
Commissioner, Transportation and Environmental ServicesCommissioner
All information exchanged during these negotiations shall be regarded as
treated as confidential by the parties and their representatives, unless otherwise required
by law. However, evidence that is independently admissible or discoverable shall not be
rendered inadmissible or non-discoverable by virtue of its use during the negotiations.
c) If a disputed issue is not resolved satisfactorily through the four negotiation levels, the
issue may be resolved through binding arbitration pursuant to the Arbitration Act, 1991
use of the Arbitration Process. The costs of the arbitrator, meeting facilities and so on will
be shared equally by the Local Municipality and the Region.
d) It is agreed that the Local Municipality shall in every case where there is a dispute,
continue to perform the works until resolution, with all due diligence and expedition
whether or not notice, oral or written, of the dispute has been served or received.
6.0 Payment
All payments shall be on the basis of invoices submitted by the Local Municipality. The Local
Municipality shall invoice the Region by the last business day of each month for all of the Work done
in the previous month in accordance with the terms set out in this Section 6.0. The invoice shall
include a breakdown of costs as set out in Schedule D Monthly Budget Reporting
Periodic audits on individual activities will be performed by the Region in cooperation with the
Local Municipality.
Payments shall be based on either time and material or lump sum cost, as outlined below. No
additional payments shall be made for excessive material, equipment or staffing costs unless noted
otherwise.
6.1 Payment for Winter Maintenance
All materials, labour, equipment, and overhead administration for winter maintenance activities
st
as identified in Schedule D will be undertaken by the Local Municipality from November 1 to
March 31st. Payment for winter maintenance shall be based on the following agreed upon
amount:
Kitchener - $2,649,320.00 (annual base)/$529,864.00 (monthly base)/$5,759.00 (per lane
km)
Waterloo - $1,201,610.00 (annual base)/$240,322.00 (monthly base)/$4,768.00 (per lane
km)
Cambridge - $1,817,742.00 (annual base)/$363,548.00 (monthly base)/$6,562.00 (per lane
km)
The annual base for each winter maintenance activity in section 6.1 shall be provided annually
by the Local Municipality, by completing a spreadsheet in the form as attached as Schedule
D.
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The Region acknowledges that the variability of winter can have an impact on winter costs and
that there are certain fixed costs attached to providing winter maintenance services, and as
such:
a) The Region agrees to pay 65% of the Monthly Base Amount incurred by Local
Municipalities on a monthly basis, regardless if the actual monthly cost is below 65% of the
Monthly Base Amount.
b) The Local Municipality will invoice the actual monthly cost to the Region, and the Region
agrees to pay the full amount of the invoice if the invoice is greater than 65% of the Monthly
Base Amount.
c) The Local Municipality will invoice the actual cost to the Region, and the Region agrees to
pay the full amount of the invoice for winter services outside the Winter Maintenance period
noted above.
6.2 Payment for Lump Sum Routine Maintenance
All materials, labour, equipment, and overhead administration for year-round lump sum routine
maintenance activities as identified in Schedule D will be undertaken by the Local Municipality.
Supervision costs to fulfill all routine and winter activities as defined in Schedule D shall be
included in the year-round lump sum. Payment for year-round lump sum routine maintenance
shall be based on the following agreed upon amount:
Kitchener - $806,780.00 (annual lump sum amount) $1,754.00 (per lane km)
Waterloo - $385,200.00 (annual lump sum amount) $1,529.00 (per lane km)
Cambridge - $526,491.00 (annual lump sum amount) $1,901.00 (per lane km)
The annual lump sum cost for activities in section 6.2 shall be provided annually by the Local
Municipality, by completing a spreadsheet in the form as attached as Schedule D.
6.3 Payment for Time and Material Routine Maintenance
All materials, labour, equipment, and overhead administration for routine time and material
maintenance activities as identified in Schedule D will be undertaken on a year-round basis.
The Local Municipality will invoice the actual cost to the Region, and the Region agrees to pay
the full amount of the invoice for routine time and material maintenance.
The Local Municipality will provide an estimated budget for each time and material item based
on historical values as part of this agreement. Local Municipalities agree to follow the yearly
budget as close as possible and make the Region aware of situations where the yearly budget
may be surpassed and reasons why. The estimated budgets will be altered yearly based on
the Annual CPI Adjustment factor and/or conditions.
Kitchener - $697,640.00 (annual time and material estimate) $1,517.00 (per lane km)
Waterloo - $438,700.00 (annual time and material estimate) $1,741.00 (per lane km)
Cambridge - $170,291.00 (annual time and material estimate) $615.00 (per lane km)
The annual estimated cost for each Routine Maintenance activity in section 6.3 shall be
provided annually by the Local Municipality, by completing a spreadsheet in the form as
attached as Schedule D.
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6.4 Payment for Work Orders
Work
the parties and upon written approval of the Agreement Administrator.
The Local Municipality shall include the cost of work performed under an Approved Work Order
in the next monthly invoice after the completion of the work. Payment for the work shall be
according to the terms of the Work Order. From time to time work performed under a Work
Order may not be on the basis of a price negotiated in advance of the work but may be on the
basis of Time and Material, which shall be identified in the applicable Work Order. Payment
then would be full compensation for all labour, equipment and material to do the work on a
Time and Material Basis, such costs to be based on the following:
a) Current Labour Cost (Salaries and Wages).
b) Employee Fringe Benefit Cost Percentage of labour costs as annually agreed to by the
Region and the Local Municipality.
c) Equipment Cost ent hourly
rate for vehicles and equipment.
d) Materials Cost The actual cost of construction and maintenance materials utilized by the
Local Municipality in performing the services.
e) Other Equipment or Service Cost The actual cost to the Local Municipality in employing
equipment or services not directly owned by the Local Municipality.
f) Overhead Cost A seven percent (7%) fee calculated on the total actual maintenance
costs.
g) Such other costs as may be mutually agreed to by the Region and the Local Municipality
in writing.
6.5 Annual Adjustment to the Winter and Routine Price per lane Kilometer
Each year the Local Municipality will submit their requested inflationary cost increase, to the
th
Region no later than September 15. Any dispute over the new annual base amount shall be
address in accordance with the Dispute Resolution Process of this Agreement. The inflation
cost increase will be applied to invoices related to this agreement for the following calendar
th
year. A 12-month average inflation index ending from June 30shall be used to determine
the average increase. The Canadian Consumer Price Index for all items in the Ontario market
shall be used.
6.6 Lane Kilometers Additions or Deletions
If the number of lane kilometers in the work Area increases (or decreases) during the life of
this Agreement, it will require additional (or less) maintenance effort. To compensate the Local
Municipality for such changes, the Region will annually review the road mileages in the
agreement and will credit (or debit) the Local Municipality on an annual basis.
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Road mileages shall be adjusted on January 1 of each year based on additional or
reduced road mileages from the previous year. Increase shall be calculated using the
agreed upon format in Section 4.0 above on a per lane kilometer basis.
6.7 Reconstruction During the Life of the Agreement
It is probable that some sections of Regional Roads within a Local Municipality will be
resurfaced or reconstructed during the life of the Agreement, thereby reducing the
maintenance effort required. It is also expected that normal deterioration of the Regional
Roads in the Local Municipality will require additional maintenance effort as the roadway ages.
The Local Municipality is advised that no credits or debits to the annual payment will be made
due to reconstruction of roadways or deterioration of roadways. The average Surface
Condition Index (SCI) and traffic volumes (AADT) will be included along with the lists of roads
as described in Schedule B and C,
7.0 Indemnification / Insurance
7.1 Indemnification
a) The Local Municipality, both during and after the term of the Agreement, shall defend,
release, indemnify and hold harmless the Region, its elected officials, officers, employees,
volunteers, agents, Local Municipalities and their respective heirs, administrators,
executors, successors and assigns from any and all losses, damages (including, but not
limited to, incidental, indirect, special and consequential damages, or any loss of use,
revenue or profit by any person, organization or entity), fines, penalties and surcharges,
liabilities (including, but not limited to, any and all liability for damages to property and
injury to persons, including death), judgments, claims, demands, causes of action,
contracts, suits, actions or other proceedings of any kind (including, but not limited to,
proceedings of a criminal, administrative or quasi-criminal nature) and expenses
(including, but not limited to, legal fees on a substantial indemnity basis) which the
indemnified persons or person may suffer or incur, howsoever caused, arising out of or in
connection with, in any way related to, or as a result of acts or omissions, whether negligent
or otherwise, of the Local Municipality, its officers, employees, agents and permitted
successors and assigns in regard to the maintenance services required by or carried out
under subparagraph 1.0 (a) of this Agreement.
b) The Region, both during and after the term of the Agreement, shall defend, release,
indemnify and hold harmless the Local Municipality, its elected officials, officers,
employees, volunteers, agents, Local Municipalities and their respective heirs,
administrators, executors, successors and assigns from any and all losses, damages
(including, but not limited to, incidental, indirect, special and consequential damages, or
any loss of use, revenue or profit by any person, organization or entity), fines, penalties
and surcharges, liabilities (including, but not limited to, any and all liability for damages to
property and injury to persons, including death), judgments, claims, demands, causes of
action, contracts, suits, actions or other proceedings of any kind (including, but not limited
to, proceedings of a criminal, administrative or quasi-criminal nature) and expenses
(including, but not limited to, legal fees on a substantial indemnity basis) which the
indemnified persons or person may suffer or incur, howsoever caused, arising out of or in
connection with, in any way related to, or as a result of acts or omissions, whether negligent
or otherwise, of the Region, its officers, employees, Local Municipalities, agents and
permitted successors and assigns in regard to: (a) the design and construction of a road
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under the authority and jurisdiction of the Region; and (b) maintenance or other works
listed in subparagraph 1.0(b) of this Agreement.
7.2 Comprehensive General Liability Insurance
Each party shall purchase and maintain third party liability insurance acceptable to the other
throughout the term of this Agreement. Coverage shall consist of a comprehensive policy of
public liability and property damage insurance in an amount not less than $10,000,000 per
occurrence and such insurance shall name the other as an additional insured thereunder.
Such insurance shall be extended to include the following additional endorsements: Products
and Completed Operations; Owners and Local Municipalities (Service Providers) Protective
Liability; Contingent Employers Liability (if applicable); Personal Injury; Contractual Liability;
Non-Owned Automobile Liability and Cross Liability with a Severability of Interest Clause.
reduced in coverage or in limits except after thirty (30) days prior written notice by certified
mail to the other. Any deductibles or self-insured retention must be declared to and approved
by the other and any such deductible or self-insured retention shall be the sole responsibility
of the respective party in the event of a claim.
The Local Municipal
carried by the Region in regard to claims relating to subparagraph 7.4(a) of this Agreement.
Any insurance or self-insurance maintained by the Region shall be excess of the Local
Mun
the Local Municipality in regard to claims relating to subparagraph 7.4(b) of this Agreement.
Any insurance or self-insurance maintained by the Local Municipality shall be excess of the
Each party shall be responsible for their own insurance deductible.
in accordance with these stated provisions.
7.3 Automobile Liability Insurance:
Each party shall purchase and maintain automobile liability insurance in a form acceptable to
the other, to a limit of $10,000,000 inclusive for bodily injury, death and damage to property.
Coverage is required for all automobiles owned, leased, hired, or borrowed by the party, for
the direct or indirect use of the party in the performance of its duties under this Agreement.
in accordance with these stated provisions.
7.4 Claims
In the event of a claim, notice of claim or the potential of a claim, by a third party for bodily
injury or property damage, the following procedures shall apply:
a) For claims relating solely to the maintenance services required by or carried out by the
Local Municipality under paragraph 1.0 (a) of this Agreement, the Local Municipality shall
immediately at its expense adjust, defend or settle the claim. If at the resolution of a claim,
the Local Municipality has been found not liable by the Courts, the Region shall reimburse
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the Local Municipality, forthwith, for any reasonable expenses incurred for the investigation
and defense of that claim (and subject to Section 7.1). For any such claim that is
discontinued for any reason prior to the determination of liability by the Courts, the
reasonable expenses incurred for the investigation and defense of that claim shall be
divided equally between the Local Municipality and the Region. The Local Municipality
shall take all reasonable steps to obtain and collect its costs from any proceeding under
this subparagraph and any reimbursement by the Region under this subparagraph shall be
for the net amount for the Local Municipalidefense.
b) For claims related solely to: (a) the design and construction of a road under the authority
and jurisdiction of the Region; (b) maintenance or other works listed in paragraph 1.0(b) of
this Agreement or requirements under the Municipal Act, 2001, S.O. 2001, c. 25 Ontario
Regulation 239/02 or as amended; and, (c) Regional road classification as defined under
O. Reg 239/02: MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS
under the Municipal Act, 2001, S.O. 2001, c. 25 or as amended, the Region shall
immediately at its expense adjust, defend or settle the claim.
c) For claims that invoke both paragraphs 7.4.(a) and 7.4.(b) of this Agreement, the Region
and the Local Municipality shall immediately reach an agreement, subject to the approval
of their respective liability insurers and/or Waterloo Region Municipalities Insurance Pool,
on which party will assume responsibility for adjusting, defending, or settling of such claims
with the specific intent of avoiding duplicate adjusting and defense costs. The Region and
the Local Municipality shall have the same rights of indemnity with respect to the costs
incurred in the adjusting, defending, or settlement of such claims as to the portion of liability
assessed by the Courts at the completion of the proceeding. Any dispute over the
adjustment, defense or settlement of such a claim shall be resolved in accordance with the
administrative practices as established from time to time by the Waterloo Region
Municipalities Insurance Pool and/or the municipal insurers.
d) Any dispute, when either the Region or the Local Municipality is not a member of the
Waterloo Region Municipalities Insurance Pool, over the amount of the claim in which
either the Region or the Local Municipality is entitled to as full or partial indemnification
from the other as provided in the items above shall be submitted to Arbitration by written
notice given by either party to the other. Upon notice being given the parties will
immediately agree upon a single arbitrator to decide the dispute and failing agreement of
a single arbitrator each party shall at once appoint an arbitrator and those two arbitrators
shall jointly appoint a third arbitrator. The decision of any two of the three arbitrators so
appointed shall be final and binding upon the parties who agree with each other that their
dispute shall be decided by arbitration alone and not by recourse at law. The arbitrator or
arbitrators shall have all the powers given by the Arbitration Act, 1991 and any arbitration
will be conducted according to the Arbitration Act, 1991.
8.0 Amendment Clause
The Local Municipality and/or the Region may, in writing, request changes to this Agreement at any
time throughout the term of the Agreement. Both parties agree that new or changes to existing
legislation, changes to infrastructure as well as unexpected cost changes may be cause for
amendments to the agreement. Any requested changes will be reviewed and negotiated by both
parties. If unable to reach an agreement to the requested change(s), both parties will follow the
Dispute Resolution Process as outlined in this Agreement. Any such changes will not be effective
until a written amendment reflecting the changes has been executed by both parties.
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9.0 Asset Management Technology
As part of the MaintenanceAgreement with the Local Municipality, theparties to this Agreement
recognize the Asset Management data related to all maintenance activities performed by the Local
Municipality under this Agreement is important to the Region as part of its Asset Management
Program.
As such, and in accordance with Ontario Regulation 588/17, or any successor By-Law, and all
requirements therein, the parties agree to:
a) participate in a Working Group, comprised of staff from each party to this Agreement and
the Local Municipalities, to develop an individual City Project Plan that will define the scope
and timelines for implementing the collection and data transfer of the maintenance data
performed by the Local Municipality to the Region. All parties agree to work towards having
the project plan defined by June 1, 2022; and;
b) to undertake the work required to achieve the actions and goals defined in the Project
Plans by January 1, 2024.
The Region recognizes there may be additional costs for all parties associated with
developing specialized programming, etc. in order to capture the data transfer from the
Local Municipality. The City Project Plans developed by the Working Group will also include
an agreed-upon cost-sharing strategy that would, if necessary, form the basis of any future
amendments to the costs set forth in this Agreement.
10.0 Interpretation
10.1 References
Any reference to an Act, regulation, by-law, manual or other such document in this
Maintenance Agreement shall include any amendments and successor documents thereto.
10.2 Severability of Terms
All of the terms of this Agreement are severable from each other and will survive the invalidity
of any other term of this Agreement.
10.3 Definitions
a) Agreement Administrator shall mean an employee of the Region appointed as such
pursuant to paragraph 5.1(a);
b) Asset Management data shall mean financial information defined to an Asset ID or
category by labour, equipment, material, and contracted services.
c) Local Municipalities means The Corporation of the City of Cambridge and The
Corporation of the City of Waterloo;
d) Regional Quality Standards shall mean those standards as identified in Sc
e) Traffic Protection Plans has the meaning ascribed to it in Ontario Traffic Manual Book 7;
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f) Regional Roads shall mean the Regional ;
g) Work has the meaning ascribed to it in Section 1.0;
h) Governmental Laws and Regulations shall mean all laws, statutes, rules, regulations,
orders, judgments, or orders having the effect of law of any federal, provincial, county, city
or other political subdivision.
10.4 Entire Agreement
This Agreement, together with the Schedules which form part of this Agreement, represents
the entire agreement between the parties with respect to the subject matter hereof and
supersedes all prior agreements, written or oral, with respect thereto. In the case of any
inconsistency or conflict between the specific provisions in the body of this Agreement, the
Schedules attached hereto, and any Work Order, the following order of priority shall control:
(1) any properly executed amendment of the Agreement (2)the main body of this Agreement;
(3) the Schedules attached hereto; and (4) the applicable Work Order
10.5 Governing Law
This Agreement shall be governed by, and construed and interpreted in accordance with, the
laws of the Province of Ontario and federal laws applicable thereto.
10.6 Counterparts and Execution
This Agreement may be executed in one or more counterparts, each of which shall constitute
an original, but all of which taken together shall be one and the same instrument. Facsimile
signatures and other electronic signatures shall also constitute originals.
IN WITNESS WHEREOF or by proper signing authority the parties hereto have executed this
Agreement.
THE REGIONAL MUNICIPALITY OF WATERLOO
Date Signed Thomas Schmidt, Commissioner of Transportation
and Environmental Services
I have authority to bind the Corporation pursuant to By Law
XXXX
THE CORPORATION OF THE CITY OF
Date Signed Name and Title
Date Signed Name and Title
I/We have authority to bind the Corporation
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Quality Standards & Maintenance Activities
st
On or around April 1of each year as part of the Annual Inspection, it is expected that the Local
preserves the infrastructure and typically includes such things as minor drainage improvements,
shouldering, rout and seal cracks, chip seals, and hot mix patching. The Region may engage the
services of the Local Municipality to carry out some or all of this work, on a negotiated basis depending
on the expertise required and availability of funding.
1.0 Routine Maintenance Activities Included
The following activities in conjunction with Regional Quality Standards will be done on a year round
routine basis:
a) Hot / Cold mix patching: Shall include the minor repair of paved road and cycle lane
surfaces (excluding curb, gutter, and concrete boulevard apron) in accordance with the
requirements set in Ontario Regulation 239/02 or current. Patching is to provide a smooth
safe riding surface, eliminate hazards to users, and protect the investment in the asphalt
surface. Materials used may include pre-mixed hot asphalt, spray patch, cold mix, or any
type of bituminous base roadway patching product. Materials are placed primarily with
hand tools and roller but shall also include allowance for surface grinding asphalt and
replacement using a machine spreader and removal of grindings.
The Region agrees to maintain the annual Spot Resurfacing Program upon Regional
council approval. During the annual road inspections, the Agreement Administrator shall
complete a review of the asphalt conditions and, in conjunction with the Local Municipality
representative, shall compile a list of hot mix repair locations to be included in the annual
Spot Repair Program. ngineering staff will review the identified spot repair
locations with the Agreement Administrator. It is understood that the Region will make
every attempt to complete the requested repairs within budgetary guidelines. The
Agreement Administrator shall also determine in conjunction with the city representative if
there are any roads that are beyond reasonable maintenance condition. If a roadway is
determined to be in such condition, the Agreement Administrator shall forward these
Operations Manager for review.
b) Shoulder Maintenance and Repair: Shall include the repair of gravel and asphalt
shoulders in accordance with the requirements set in Ontario Regulation 239/02 or current.
Shouldering is to provide a smooth surface for emergency stopping of vehicles,
pedestrians, cyclists, and slow moving vehicles. Washouts, ruts, potholes, and drop offs
shall be repaired with appropriate material and reinstated to the proper crossfall. Shall
also include the routine grading windrow reclamation, and placement of additional granular
material to maintain proper crossfall, laterally support the asphalt structure, control dusty
conditions, and maintain drainage from the roadway to ditch line. Excessively dusty
conditions shall be corrected by the application of approved liquid or flake dust control
products at a rate suitable for the conditions and type of material used. Dust control agents
shall be applied where:
i. Dusty conditions cause a nuisance or present a health hazard to property owners.
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ii. Where dusty conditions present a hazard to traffic.
iii. In front of commercial establishments, i.e., truck stops, implement dealers, etc.
iv.At entrances to settlement areas.
Tables of correct shoulder crossfall
Correct crossfall at driveway entrances
c) Storm Sewer Maintenance: Shall include the inspection, resetting or replacement of
maintenance structures, ditch inlets, catch basins, and underlying precast sections
(moduloc) due to breakage or settlement. Shall also include the reinstatement of effected
asphalt and concrete surfaces. In General, repairs included under this activity are from
the top of the frame and cover to the top of the precast section. This item shall also include
general debris or snow/ice removal from the surface (inlet) of catchbasins to ensure proper
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surface drainage. Any areas of road or open ditch ponding shall be reported to the
Agreement Administrator for follow up. If a maintenance structure is owned by a non
municipal agency the Local Municipality shall make arrangements with the utility to have
them complete the appropriate repairs. All repairs or alterations shall be in accordance
with the Road Construction Standards set out in the Manual entitled Regional Municipality
Drawings. Manual will be supplied as updated by the Region of Waterloo Design &
Construction group.
The major objectives Storm Sewer Maintenance:
i. To provide access to the sewer systems to facilitate servicing, cleaning, measuring
flows and testing effluents
ii. To prevent unnecessary damage to vehicles, cyclists, public or private property
iii. To protect the public investment in the sewer system
d) Emergency Response: Shall include the 24/7 immediate response to any hazardous
situation for motorists or pedestrians that the Local Municipality is made aware of within
the right of way. The Local Municipalities initial response shall be to make the scene safe
by either removing the hazard or supplying and placing temporary signage, barricades,
and/or delineators. If the Local Municipality erects temporary traffic control for items that
fall outside their maintenance responsibility for longer than 30 business days the Local
Municipality shall notify the Region so control of the area may be passed over to the
Region. Hazard types that the Local Municipality will respond to are as follows:
i. Pickup and disposal of dead animals
ii. Cleanup of materials at accident scenes
iii. Spills cleanup (granulars, glass, hydrocarbons, etc.)
iv. Potholes
v. Shoulder washouts
vi. Trees, noise walls, retaining walls, fences, and safety devices. (Make the scene safe
and advise Region for repair)
vii. Road closure requests from Waterloo Regional Police
For the purposes of capital works that are undertaken by the Region on Regional roads
being maintained by the Local Municipality, the Region shall be responsible for all signage,
barricades and detours that are associated with that work.
Note: all work associated with accident damage by a known third party shall be billed to
the third party by the Local Municipality and is therefore not included in the cost billed to
the Region. Every attempt shall be made to contact the responsible party to recover
damage costs. If the third party is not identified then the Local Municipality may charge
back applicable costs.
e) Snow Disposal Operations: Shall include the year round operation and site management
of a snow disposal location for the purposes of Regional road snow storage. The Local
Municipality shall prepare and cleanup the site(s) in the spring/fall, perform ongoing
operation during the winter season, and manage water quality testing and monitoring as
required in operation and maintenance manuals. Sites may be used for snow storage other
than Regional snow however the costs shall be shared between the Region and Local
Municipality. At the end of each winter season, the Local Municipality will inform the Region
of the volume of Regional snow as a percentage of the overall snow stored at the site for
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the previous winter season. The percentage ratio will be used for the following 12 month
cost sharing billing cycle.
f) Machine Street Sweeping: Shall include the routine mechanical and manual sweeping of
roadways with: inside curb, outside curb, roadside storm water catchment systems (catch
basins), paved shoulders, and bike lanes. All decanting and disposal of debris from
sweepings shall be included.
The major objectives for Machine Street Sweeping are:
i. To prevent road dirt and dust from accumulating.
ii. To prevent loose objects being thrown up by traffic.
iii. To remove hazards.
iv. To prevent clogging of storm sewers.
v. To reduce health hazards caused by pollutants and chemical wastes.
vi. To enhance the appearance of the community.
Spring cleanup for the purposes of removing built up winter materials shall commence as
soon as the long term weather predictions indicate no further winter events. During the
stst
period of April 1 through October 31, sweeping will be completed at minimum once (1)
every three (3) weeks. Sweeping outside the above noted time frame or spring clean up
will be done so upon approval from the Region and will be charged at an agreed upon time
and material rate.
g) Debris Pickup: Shall include the spring litter pickup as well as the year round manual
removal of trash, debris, dead animals, and illegal dumping from the traveled portion of the
road, cycle lane, or boulevard as required other than by mechanical street sweeping and
shall include disposal of the debris. Debris causing a hazard to vehicles, cyclists or
pedestrians shall be removed and disposed in accordance with the requirements set in
Ontario Regulation 239/02 or current. Debris hindering grass mowing or drainage system
flows shall be removed and disposed as soon as practicable. Debris shall not be allowed
to accumulate on any road in order to discourage dumping
h) Spring Roadside Winter Damage Repair: Shall include the repair of all sod, turf, and
hardscaping (Curbs) damaged as a result of winter maintenance activities
i) Routine Road Patrol: Shall include the weather monitoring and the drive-by observation
of Regional roads and cycle lanes at the frequency set by Ontario Regulation 239/02 or
current. The Region shall provide access to a metrological forecasting service to the Local
Municipality. All observations and records of patrols and weather monitoring shall be
electronically recorded. Response to identified maintenance deficiencies will be as
required under Ontario Regulation 239/02 or current. Any hazard or maintenance items
not covered under Scope Section 1.0 a) of this agreement shall be reported to the Region
as soon as practicable.
2.0 Winter Maintenance Activities Included
The level-of-service for Winter Maintenance shall be in accordance with the requirements set in
Ontario Regulation 239/02 or current:
The major objectives for Winter Maintenance are:
i. To reduce the hazards of icy/snow covered roads and cycle lanes.
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ii. To comply with legislation applicable with winter maintenance.
iii. To reduce economic losses to the community and industry caused delays to the
community during icy/snow covered road conditions.
iv. To facilitate the movement of emergency vehicles during the winter weather conditions.
v. To reduce the impacts to the environment and the drinking water supply through the
proper storage, use and disposal of road salt and associated deicing/anti-icing
chemicals.
vi. To maintain safe, passable transit and school bus routes.
vii. To maintain safe, passable routes for buggies and cyclists.
a) Winter Snow and Ice Control: Shall include the purchase, storage, mixing and loading
of: abrasives, de-icing chemicals (salt), and liquids. Snow plowing and the spreading of
abrasives and de-icing/anti-icing chemicals, for the purpose of snow and ice control on
roadways and cycle lanes, to meet requirements set out in Ontario Regulation 239/02 or
current. Salt/Sand storage boxes shall be placed, stocked, and removed yearly at locations
deemed necessary by the Local Municipality to control localized areas of concern.
Plowing, sanding/salting, and anti-Icing routes shall be established and reviewed and/or
revised annually to provide for the most efficient use of staff and equipment.
b) Snow Loading and Hauling: Shall include the mechanical snow removal from Regional
roadways with: limited snow storage, blocked drainage, curb face sidewalks, on street
parking, downtown core areas, bridge abutments, LRT adjacent track, and cycle lanes.
Snow loading shall commence when sightline restrictions or snow storage capacities have
reached levels that impede the Local Municipality from meeting Ontario Regulation 239/02
or current requirements. Haulage to snow disposal sites is also included. Any snow lifting
along Regional roads with adjacent LRT shall be tracked and billed separately from other
snow loading and hauling.
c) Snow Fence Remove / Install: Shall include the supply, install, removal, and storage of
temporary snow fence at locations deemed necessary by the Local Municipality to minimize
the effects of drifting snow. The determination will take into effect location,
accident/collision history, topography, roadside vegetation, depth of ditches, heights of
platform and snow storage capabilities.
Efforts shall be made to contact property owners prior to entering private property to erect
snow fence. The Municipal Act 2001, c.25, s.60 provides that a Municipality may, at any
reasonable time, enter upon any land within the municipality or within the adjoining
municipality and lying along any highway under its jurisdiction, for the purpose of erecting
and maintaining a snow fence.
d) Winter Representative Patrol: Shall include the weather monitoring and patrolling a
representative set of roads at intervals defined in Ontario Regulation 239/02 or current to
determine if a response is required to an imminent or occurring winter condition(s). All
observations and records of patrols and weather monitoring shall be electronically
recorded.
3.0 Maintenance Activities by Work Order
The following activities conjunction with Regional Quality Standards will be done on a Work
Order basis after consultation with Agreement Administrator:
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a) Concrete Curb and Gutter Maintenance: shall include all repairs shall be the
responsibility of the Region through their yearly program. Cities will identify locations to
the Region for repair.
b) Road Base Repair: shall include the repair of road base failures due to frost heaves with
granular material and reinstatement of the work area
c) Accident Damage by Parties Unknown: shall include the repair of damaged Regional
property such as guiderails, bridge components, retaining walls and/or fences if agreed to
by the Region. Any costs associated with emergency work caused by unknown third
parties, such as spills response/cleanup, tree work, sod damage, minor pavement repair
shall be charged back to the Region on a time and material basis.
d) Storm Sewer Construction and Maintenance: shall include the pipe inspection,
(excluding CCTV), cleaning and disposal, installation and repair of storm sewers and all
associated components. Repairs to the maintenance structures and/or catchbasins under
this section are from the top of the precast section down inside the sewers. Shall also
include emergency cleaning of storm sewers as requested by the
Agreement Administrator.
Note: Region of Waterloo staff shall arrange for and complete a regular storm cleaning
program. However, Local Municipalities may be contacted to complete additional cleaning
as required which shall be paid under the Work Order process.
e) Guide Post/Cable/Steel Beam Construction and Repairs: includes the removal and
disposal of damaged systems and replacement of new rail, wire, post, and attenuators.
Note: Any major repairs/replacements of guide rail/cable sections required as the result of
age or accident damage shall be communicated to the Agreement Administrator as soon
as made aware for action by the Region.
f) Bridge Railing Repair: includes the removal and disposal of damaged railings and/or
posts and the repair or installation of a new railing/posts to match existing.
g) Damage resulting from extreme weather related causes: e.g. flooding, tornadoes,
lightening, wind or ice storms, which results in additional emergency maintenance
response by the Local Municipality shall be charged back to the Region on a time and
material basis unless such damage is of a nature which is deemed to be that which is
normally associated with routine maintenance of roadways.
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Schedule B
Description of Work
CITY OF CAMBRIDGE
Cl Bike Lane
Distance Total lane Length
RR# RR Name From To (m) (m) (m)
8 Concession Rd Hespeler Rd
Coronation Blvd 2,444.13 11,842.97 0.00
8 Hespeler Rd Main St
Dundas St N 2,803.09 9,993.96 0.00
8 Main St Branchton Rd
Dundas St S 1,944.15 8,550.25 0.00
8 Shantz Hill Rd King St W 433.88 1,302.48 0.00
Fountain St S
8 Rogers Rd Concession Rd
King St E 2,452.69 6,560.20 0.00
8 Fountain St N Rogers Rd
King St W 305.57 1,014.92 0.00
8 Preston Fountain St S
Shantz Hill Rd Parkway 528.61 1,827.27 0.00
17 King St W Signals @ ATS
Fountain St N (#730) 992.43 2,037.10 0.00
24 Water St N Main St
Ainslie St N 900.66 2,463.70 0.00
24 Main St Water St S
Ainslie St S 1,006.84 2,757.27 346.74
24 Groh Rd WB 401 Ramp Groh Ave
352.60 352.60 0.00
24 Coronation
Hespeler Rd Blvd Pinebush Rd 3,934.45 26,480.74 0.00
24 Queen St 1,673.94 8,103.31 0.00
Hespeler Rd Pinebush Rd
24 Coronation Main St
Water St N Blvd 1,648.16 6,218.27 0.00
24 Main St 170m South of Myers
Rd
Water St S 2,411.11 5,042.52 1,340.01
27 Franklin Blvd Dobbie Dr
Clyde Rd 841.36 1,682.72 0.00
27 Water St N Melville St N 110.54 221.09 0.00
Main St
27 George St N Grand Ave S
North Sq 91.86 183.72 0.00
27 Grand Ave S Melville St N
Queen's Sq 145.83 343.86 0.00
27 George St N Grand Ave S
South Sq 91.55 183.09 0.00
28 Shantz Hill Rd Preston Parkway 852.28 1,808.43 0.00
Fountain St S
28 Preston Dickie Settlement Rd 2,262.43 4,565.41 1,473.12
Fountain St S Parkway
33 Avenue Rd Well Cnty Rd 34
Townline Rd 6,257.52 20,137.62 4,383.93
36 Carpenter Rd Hwy 401
Franklin Blvd 10,070.43 38,790.23 0.00
39 King St E Hespeler Rd
Eagle St N 3,145.39 8,022.51 0.00
39 Townline Rd Hespeler Rd
Pinebush Rd 4,049.57 16,170.54 1,917.02
41 Franklin Blvd King St E
Bishop St N 3,607.79 7,846.54 3,434.83
42 Fountain St S George St N
Blair Rd 4,147.72 8,417.93 0.00
42 Blair Rd Salisbury Ave
George St N 3,140.65 6,385.11 184.94
42 Salisbury Ave St Andrews St
George St S 179.21 448.45 0.00
43 Water St S Branchton Rd
Myers Rd 3,342.69 6,807.71 2,649.89
75 Grand Ave S Grand Ridge Dr
St Andrews St 2,276.43 4,648.19 0.00
76 St Andrews St Cedar St
Grand Ave S 352.83 705.65 0.00
77 Water St N Ainslie St N
Park Hill Rd E 109.50 437.99 0.00
77 Water St N George St N
Park Hill Rd W 273.80 1,187.24 225.04
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80 Can-Amera Hespeler Rd Townline Rd
Parkway4,949.7719,121.924,016.55
97Water St SGrand Ridge Dr
Cedar St 2,165.26 5,552.81 126.81
97 Water St S Lowrey Ave S
Concession St 1,277.58 3,740.67 195.74
97 Lowrey Ave S Franklin Blvd 1,111.87 3,697.57 0.00
Main St
Grand Total 78,686.14 255,654.56 20,294.61
Schedule B
Description of Work
CITY OF KITCHENER
Bike Lane
Cl Distance Total lane Length
RR# RR Name From To (m) (m) (m)
4 Ottawa St N King St E Keewatin Ave
4,344.03 16,902.86 428.79
4 Ottawa St S Trussler Rd King St E
7,879.95 28,096.38 1,635.85
6 Benton St Courtland Ave E King St E
528.30 2,245.73 0.00
6 Frederick St King St E Bruce St
2,021.76 6,338.69 589.91
6 Highland Rd W Trussler Rd Queens Blvd
5,614.78 18,241.85 1,491.58
6 Queen St S Highland Rd W Courtland Ave E
714.68 2,228.27 0.00
8 King St E Weber St E Riverbank Dr
2,610.93 8,240.05 0.00
8 Weber St E King St Queen St
4,924.95 21,389.75 0.00
8 Weber St W Queen St Kit/Wtrloo
Boundry 1,716.66 7,331.42 0.00
9 Bridgeport Rd Kit/Wtrloo Lancaster St W
Boundry 624.54 2,498.16 0.00
12 Conestoga College New Dundee Rd Homer Watson
Blvd Blvd 706.85 3,101.69 0.00
15 King St E Ottawa St S Montgomery
1,174.91 4,092.34 0.00
15 King St S Kit/Wtrloo Union
Boundry 59.12 182.40 0.00
15 King St W Union Victoria
1,634.90 4,390.67 528.76
20 Bloomingdale Rd N Daniel Ave Bridge St E
1,220.55 2,524.43 1,003.19
28 Fountain St S Highway 401 Dickie Settlement
Rd
602.56 2,753.41 440.93
28 Homer Watson Blvd Ottawa St S Highway 401
9,567.71 43,333.54 884.13
28 Huron Rd Huron Rd Homer Watson
Blvd 1,111.31 1,433.55 0.00
29 Lancaster St W Bridge St Victoria St N
2,675.39 7,519.87 0.00
50 Westmount Rd E Fischer-Hallman Queens Blvd
Rd 3,239.19 12,736.01 0.00
50 Westmount Rd W Queens Blvd Kit/Wtrloo
Boundry 2,913.15 12,725.35 0.00
52 Bridge St E Kit/Wtrloo Lancaster St W
Boundry 2,330.28 6,232.42 1,563.62
52 Bridge St W Lancaster St W Kit/Wtrloo
Boundry 486.24 972.48 0.00
53 Courtland Ave E Manitou Dr Queen St S
4,526.07 16,219.56 591.95
53 Fairway Rd N King St E Zeller Dr
3,410.83 10,557.48 1,880.65
53 Fairway Rd S Manitou Dr King St E
2,213.09 11,850.75 0.00
54 Lackner Blvd Fairway Rd N Victoria St N
4,110.07 10,108.85 3,455.66
Document Number: 2944263 Version: 14 22
Document Name: 2022_2026 AMA Working Agreement
55 Victoria St N Kit/Wtrloo King St W
Boundry6,159.0229,141.170.00
55Victoria St SKing St WIra Needles Blvd
5,294.22 17,143.49 2,636.91
56 Manitou Dr Strasburg Rd
Bleams Rd 2,305.24 8,988.63 0.00
56 Strasburg Rd Trussler Rd
Bleams Rd 4,994.47 10,133.82 0.00
56 King St E Fairway Rd N
River Rd E 1,350.83 5,403.33 0.00
58 Ottawa St S University Ave W
Fischer-Hallman Rd 4,248.89 20,153.18 4,145.10
58 Ottawa St S Huron Rd
Fischer-Hallman Rd 4,581.65 14,550.64 2,851.69
61 Victoria St N Frederick St
Bruce St 317.79 1,271.15 0.00
62 Victoria St N Frederick St
Edna St 347.66 1,367.92 0.00
63 Queen St N Frederick St
Duke St E 125.53 251.06 0.00
63 Queen St N Francis St N
Duke St W 614.97 1,556.15 0.00
64 Ottawa St S Queen St
Charles St E 1,682.25 5,125.52 0.00
64 Queen St Victoria St S
Charles St W 780.53 2,341.59 0.00
66 Charles St E Grenville Ave
Borden Ave S 841.44 1,936.78 0.00
67 Courtland Ave E Hanson Ave
Hayward Ave 214.11 428.23 0.00
68 Duke St W King St W
Francis St N 144.44 433.32 0.00
69 Fairway Rd S Homer Watson
Manitou Dr Blvd 2,399.76 10,256.12 1,983.29
70 Highway 7/8 Kit/Wtrloo
Ira Needles Blvd Boundry 3,847.87 14,675.45 3,134.93
70 Highway 7/8 New Dundee Rd
Trussler Rd 7,157.50 14,564.50 6,289.42
Grand Total 120,370.95 423,970.01 35,536.35
Document Number: 2944263 Version: 14 23
Document Name: 2022_2026 AMA Working Agreement
Document Number: 2944263 Version: 14 24
Document Name: 2022_2026 AMA Working Agreement
Schedule C
Detail Road Section
The information listed below will be provided for all road segments the Local Municipality maintains under this agreement.
The segmentation will be broken down from intersection to intersection and where there is divided road. The information
will be shared through an existing geographical information system interface on a monthly basis.
Schedule D Monthly Budget Reporting
PERIOD ENDING -
Reporting
MonthActivityActivity TypeLabour HoursLabour CostBenefitsEquipment HoursEquipment CostMaterial CostsOtherPeriod TotalAnnual BudgetDifference %
Time and Material Maintenance (12 Months)
Hot / Cold PatchingTime & Material$0.00$0.00#DIV/0!
Shoulder MaintenanceTime & Material$0.00$0.00#DIV/0!
Storm Sewer MaintenanceTime & Material$0.00$0.00#DIV/0!
Emergency ResponseTime & Material$0.00$0.00#DIV/0!
Snow Disposal Facility OperationTime & Material$0.00$0.00#DIV/0!
Mtce Outside Agreement Approved by RegionTime & Material$0.00$0.00#DIV/0!
Sub Total Time and Material0.00$0.00$0.000.00$0.00$0.00$0.00$0.00$0.00#DIV/0!
Lump Sum Maintenance (12 Months)
Machine Street SweepingLump Sum$0.00$0.00#DIV/0!
Debris Pick UpLump Sum
Spring Roadside Winter Damage RepairLump Sum
Routine Road PatrolLump Sum
Supervision ChargesLump Sum
Sub Total T&M and Lump Sum0.00$0.00#DIV/0!
7% Overhead Charges0.00$0.00#DIV/0!
Year Round Routine Totals 0.00$0.00#DIV/0!
Winter Maintenance Only
Snow and Ice ControlTime & Material$0.00$0.00#DIV/0!
Snow Loading / HaulingTime & Material$0.00$0.00#DIV/0!
LRT Snow Loading / HaulingTime & Material$0.00$0.00#DIV/0!
Snow Fence Remove / InstallTime & Material$0.00$0.00#DIV/0!
Winter Representative PatrolTime & Material$0.00$0.00#DIV/0!
Sub Total Winter Maintenance 0.000.00$0.000.00$0.00$0.00$0.00$0.00$0.00#DIV/0!
7% Overhead Charges$0.00$0.00#DIV/0!
Winter Totals $0.00$0.00#DIV/0!
INVOICE TOTALS$0.00
Document Number: 2944263 Version: 14 25
Document Name: 2022_2026 AMA Working Agreement