HomeMy WebLinkAboutINS-16-045 - Legal Agreement with MTO - Shirley Avenue Extension
REPORT TO: Special Council
DATE OF MEETING: May 2, 2016
SUBMITTED BY: Steve Allen, Manager, Engineering Design and Approvals, 519-
741-2200 x7584
PREPARED BY: Steve Allen, Manager, Engineering Design and Approvals, 519-
741-2200 x7584
WARD(S) INVOLVED: 1
DATE OF REPORT: April 26, 2016
REPORT NO.: INS-16-045
SUBJECT:Legal Agreement with MTO - Shirley Avenue Extension
___________________________________________________________________________
RECOMMENDATION:
THAT the Chief Administrative Officer or a Deputy Chief Administrative Officer be
authorized to execute an agreement regarding the extension of Shirley Avenue
and any other Agreements or ancillary documents with the Ministry of
Transportation (MTO) related to the construction of Highway 7, provided that
where there are any costs to be incurred by the City, the costs are within
approved budgets; any agreements or ancillary documents are to be to the
satisfaction of the City Solicitor.
BACKGROUND:
The Ministry of Transportation, Ontario (MTO), is proceeding with improvements to
Highway 85 and Wellington Street North Interchange as part of the new Highway 7
between Kitchener and Guelph. The environmental assessment was completed in
2007.
REPORT:
One of the first elements of construction of the new highway in Kitchener requires
improvements to the existing Shirley Avenue in 2016. These improvements specifically
include the extension of Shirley Avenue westerly, to connect to Wellington Street at the
Riverbend/Wellington intersection. These changes to Shirley Avenue are being done in
advance of work at the interchange in order to alleviate traffic detouring around
subsequent construction phases. The extension of Shirley Avenue is being done on
MTO lands which will then be conveyed to the City after completion. The road
allowance will become a City road with associated maintenance responsibility.
A formal agreement is required between the City and the MTO with respect to this work
to address responsibilities of each of the parties.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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In general, the agreement will contain the following points:
MTO will pay 100% cost of the design and construction. This includes utility
relocations (gas, water etc.)
As the MTO is the proponent of the project, they have responsibility for all design,
agency approvals, property acquisition, utility relocations etc.
Design is to be done to City of Kitchener standards where applicable
The MTO will provide design for the City to review and comment prior to tendering
MTO will administer all aspect of the works during construction
City provides design review, and construction liaison during the construction work.
This is only the first phase of work to complete the new Highway 7. While staff do not
have specific information about additional agreements required at this time, it is
anticipated that, given the size of the project (both financially and geographically) there
will be a need to enter into additional agreements with the Ministry to address other
issues of mutual interest. In order avoid delays to the Ministry’s schedule staff are
recommending delegating approval to the CAO or DCAO for these additional
agreements provided that costs (if any) are within council approved budgets.
In order to meet MTO schedules, this agreement should be executed prior to June 1.
th
This report missed the agenda setting meeting (held on April 19) and has been added
to the agenda in order to provide City and MTO staff sufficient time to finalize and
execute the agreement.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
The MTO will be responsible for 100% of the cost of the Shirley Avenue work and any
other work related to the construction of the new Highway 7 in Kitchener which includes
design, construction, utility relocations, permits, etc.
City costs related to the support of the MTO Highway 7 project through design review,
project liaison and easements, for example, will be accommodated within existing
Council approved budgets.
COMMUNITY ENGAGEMENT:
CONSULT – The MTO’s new Highway 7 project has been conducted as an
environmental assessment which includes public meetings and opportunities for input
from the general public.Additionally, the MTO has engaged in discussions with
affected property owners throughout the design in order to mitigate any negative
impacts.
ACKNOWLEDGED BY:
Justin Readman, Executive Director, Infrastructure Services.
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