British Columbia Order in Council — Order under Ministry of Transportation and Highways Canada-British Columbia Prairie Grain Roads Program (2001-06) Agreement (O.C. 378/2001)

O.C. 378/2001

British Columbia — Orders in Council

portation and Highways Presidi s Member of the Executive Council t • PROVINCE OF BRITISH COLUMBIA Order in Council No. ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL 378 Approved and Ordered MAR 3 0 2001 Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to the Minister of Transportation and Highways to enter into an agreement substantially in the form attached to this order. (This

part is for administrative purposes only and is um part of the Older. Authority under which Order is made: Act anti section: Ministry of Transportation and Highways Act

section 3 Other (specify I: MoTH 09/01 OP a33 \o\11.6. CORP POLAK\ YFAR '2001 \090101C.d0C DK-1112

Draft December 14/00 Canada - British Columbia Prairie Grain Roads Program (2001-06) This Agreement made in duplicate, this day of BETWEEN THE GOVERNMENT OF CANADA (hereinafter referred to as "Canada"), as represented by the Minister of Agriculture and Agri-Food Canada, OF THE FIRST PART, THE GOVERNMENT OF BRITISH COLUMBIA (hereinafter referred to as "British Columbia"), as represented by the Minister of Highways, OF THE SECOND PART,

WHEREAS Canada and British Columbia recognize the need for an efficient, well maintained, transportation system for agricultural commodities;

WHEREAS roads used for grain transport are deteriorating as a result of increased truck traffic resulting from changes in transportation policy and legislation, changes in cropping patterns an development of value-added processing;

WHEREAS sound investments in rural transportation infrastructure can foster adaptation, rural development and greater economic capacity and competitiveness in the agriculture and agri- food industry;

WHEREAS Canada and British Columbia recognize that such investments need to be undertaken in an efficient, effective and timely manner, to best position the agriculture and agri- food sector in British Columbia for increasing future success,

WHEREAS the Governor in Council by Order•irn-Council P.C. dated has authorized the Minister of Agriculture and Agri-Food to enter into this Agreement; AND

WHEREAS British Columbia, pursuant to dated , has authorized the Minister of Highways to enter into this Agreement on behalf of British Columbia.

NOW THEREFORE, the parties hereto mutually agree as follows: 1.

Definitions 1.1 "Projects" means the specific activity described in Attachment 1 which describes the work which will be undertaken under this Agreement. 1.2 "Departmental Representative" means the officer or employee of Canada who is designated by this Agreement, including a person authorized by the Departmental Representative to perform any of the Departmental Representative's functions under the Agreement. 1.3 "PFRA" means Prairie Farm Rehabilitation Administration, a branch of the Department of Agriculture and Agri-Food Canada. 1.4 "Third Party" means any person, other than a Party to this Agreement, with whom an agreement is signed for the completion of the Projects. 2.0 Objective and Purpose 2.1 The objective of this Agreement is to improve the capacity of roads used for transporting grain in the Province of British Columbia. 2.2 The purpose of this Agreem:-int is to establish the mechanism, including financial arrangements and other responsibilities, under which improvement to the road infrastructure will be achieved. 3.0 Responsibilities of the Province 3.1 Identify the and prioritize the Projects considered to be of greatest need with respect to grain transportation in the Province of British Columbia as described in Attachment 1. 3.2 Observe and abide by all applicable provincial and federal legislation relating to public health and safety and including but not restricted to the Canadian Environmental Assessment Act and "insert provincial environmental act name"; World Trade organization agreements, North American Free Trade Agreement, and Agreement on Internal Trade. 3.3 Prepare preliminary and final designs, all tender and contract documents, and complete the tendering process in accordance with procedures normally used by the Province in the competitive bidding process and award of the contract. 3.4 Provide project supervision during all phases of the Projects to ensure the Projects conforms to plan and that normally accepted construction practices have been followed.

3.5 1;-,rovide all administrative activities required to implement this Agreement. 3.6 Keep and preserve proper and accurate financial accounts and records of the cost and performance of the Projects.

These records of work shall be kept and made available to Canada for examination and audit by Canada until March 31, 2009. 3.7 Provide Canada with reports on the progress of the Projects on request in a format as determined by mutual agreement; 3.8 Upon the completion or termination of the Projects, submit a comprehensive final report satisfactory to the Departmental Representative covering all work performed and results achieved under the Projects and this Agreement. 3.9 Upon completion of the Projects, submit an invoice to Canada in the form prescribed by the Departmental Representative 3.10 Provide Canada with all information as may be reasonably required for the evaluation. 4.0 Responsibilities of Canada 4.1 Make payment to British Columbia on the basis of statements listing grain road upgrading expenditures actually incurred and paid by British Columbia subject to

Section 5.3.. 4.2 Provide assistance and advice to British Columbia to assist with the completion of the environmental assessment an accordance with the legislation outlined in

Section 3.2 4.2 Undertake an evaluation of the Prairie Grain Roads Program (2001-06), and prepare an evaluation report no later than March 31, 2007. 5.0 Financial 5.1 Subject to the appropriation of funds by the Parliament of Canada and successful completion of the projects, Canada will pay up to two million two hundred thousand dollars ($2,200,000) Payments are to be made in accordance with

Section 5.3 and the Terms of Payment outlined in Attachment 2 Payments shall be made within thirty days of the receipt and verification of any invoice submitted by the province for upgrading expenditures relative to the completion of projects outlined in Attachment 1. 5.2 Progress payments may be made based on work completed to date if deemed in necessary by the Federal and Provincial representatives to fulfill obligations under the agreement.

5.3 Costs incurred by British Columbia and eligible for reimbursement by Canada shall be outlined in Attachment 2 and include

i) costs for payments to third parties which have been reasonably incurred by British Columbia for the projects described in Attachment 1 that are invoiced under a contract for goods, services or construction in respect to grain road upgrading; and ii) the non-refundable portion of GST paid in performance of the Projects; and iii) expenses otherwise properly incurred in the performance of the Projects as defined and determined by the Departmental Representative. 5.4 Should any disagreement arise as to the deemed shareable costs, Canada's decision pertaining to deemed shareable costs will be final and conclusive. 5.5 British Columbia shall be responsible for all administrative costs associated with completion of the projects outlined in Attachment 1. 6.0 Duration 6.1 This Agreement shall commence on April 1, 2001 with all Project construction completed by December 31, 2006.

It is agreed that no claim for payment will be entertained beyond March 31, 2007. 7.0 Termination 7.1 If during the term of this Agreement, Canada or British Columbia determines on the basis of technical, financial or other considerations that the Projects should no longer proceed, or that it should terminate earlier or later than the date provided for Subsections 6.1, Canada and British Columbia shall consult with each other and the Agreement may be terminated by agreement in writing of the parties. 7.2 Where agreement has been reached to terminate this Agreement: (

i) British Columbia is entitled to payment only for work on the Projects satisfactorily performed up to the effective date of the termination, for which satisfactory invoices have been submitted to Canada, (ii) Canada may reimburse British Columbia for material that was ordered prior to the decision to terminate the Agreement and is received within 30 days thereafter.

8.0 Amendments 8.1 This Agreement may be amended by the consent of the Parties in writing, providing that no amendment shall be made to extend the term of this Agreement beyond March 31, 2006 9.0 Indemnification and Exemption 9.1 British Columbia shall indemnify and save harmless Canada, Her Officers, employees, agents or contractors, from and against and be responsible for any action, cause of action, suit, claim, liability, loss, damages, costs and expenses including reasonable solicitor/client fees, administration fees, and disbursements, and any other proceeding whatsoever and by whomever made for personal injury, death, environmental impact or property damage, whether by way of judgement, compromise, or settlement, arising directly or indirectly and whether by reason of anything done or omitted to be done, negligence or otherwise, from the performance of any default or delay in performance of its obligations under this Agreement, or from the remedying of such default by British Columbia, its agent, contractor, employee or licensee. 9.2 Canada shall not be liable to British Columbia for any injuries, including death, loss or damages be it personal or property, on the part of British Columbia which may arise from the performance., omission of performance, default, remedying the default or the entering into of this Agreement. 9.3 Canada's contribution towards the Projects will not vest in Canada any proprietary interest in the Projects nor does Canada by this Agreement assume any responsibilities for the management, operation, maintenance, control or ownership of the Projects. 10.0 Departmental Representative 10.1 The Department Representative shall offer his fullest cooperation to British Columbia in fulfilling the intent of this Agreement. 10.2 The Department Representative may appoint, in writing, a person to perform any of the Department Representative's duties or obligations under this Agreement. 11.0 Communications No publicity release (including news releases and advertising) relating to this Agreement and the Projects shall he issued by British Columbia without the prior written approval of Canada. 11.2 Canada may use the British Columbia's name in any publicity or release related to Canada's participation in funding of the Projects including on site signage.

11.3 British Columbia agrees to recognize Canada's contribution towards the Projects in any publications, advertising, on site signage or any other activity related to this Agreement. 12.0 General 12.1 For the purpose of this Agreement any invoices, reports, notices, consents, or other written communications required to be given pursuant to it, shall be adequate if served personally or sent by post to the Canada and British Columbia Federal and Provincial Departmental Representatives as outlined below: Federal Departmental Representative (Insert name and address) Provincial Departmental Representative (Insert name and address) and should either Departmental Representative change their address, they shall provide the other party with written notice of such change within 30 days of that change. 12.2 No member of the Senate or House of Commons, or of the Legislative Assembly of the Province of British Columbia shall be admitted to any share or part of any contract, agreement, or commission, or to any benefit arising therefrom with respect to any project undertaken pursuant to this Agreement.

IN WITNESS WHEREOF, Her Majesty the Queen in right of Canada, as represented by the Minister of Agriculture and Agri-Food, has by Her duly authorized representative on Her behalf, executed this Agreement this day of ,200 . Witness (Print Name) Title of Officer/Type Name Witness (type name) for and on behalf of the Minister of Agriculture and Agri-Food Witness (Print Name) Title of Officer/Type Name Witness (type name) for and on behalf of the Minister of Transportation

Attachment 1

Schedule of Work Full Project Descriptions of British Columbia Road Upgrading Work to be completed under this PGRP Agreement

Attachment 2 Cost Estimate and Terms of Payment for the Province Of British Columbia Road Improvement Projects ITEM ESTIMATED COST PAYABLE BY CANADA RECIPIENT Third Party Contract Cost Materials and Supplies Salaries and Employee Benefits Equipment Rental/Lease Non Refundable Portion of GST Other Costs* Total * in Accordance with

Section 5.3 (iii) of this Agreement Terms of Payment 1. Subject to completion of the Project to Canada's satisfaction, a financial contribution by Canada to the Recipient will be made to a maximum of $2.2 million. 2. At Canada's discretion, progress payments, may be made towards the contribution for portions of the Project which have been completed. 3. An itemized statement indicating progress to date and invoices or proof of payment setting out expenditures actually incurred and paid by the Recipient shall be sent to the Departmental Representative for verification.

The Statement shall be submitted in the format prescribed by the Departmental Representative and will include: Report on Progress to Date Modifications to the Work Plan Federal, Recipient and Third Party Funding Expenditures 4. Provided that there is no breac.h to the terms of the Agreement by the Recipient, payment by Canada of her cost of the Project works shall be made within thirty (30) days following the date on which a Statement and substantiating documents satisfactory to the Departmental Representative are received. 5.

If the Departmental Representative has objection to the form of the Statement or the substantiating documentation he shall notify the Recipient of the nature of the objection, in writing, within 15 days of its receipt.

Western Grain Transportation Project Date: February 5, 2001 Highways District: North Peace #22 Electoral Area: Peace River South 1. 108 Cutoff Road #246A Location: • Initial Point: approximately 29 kilometers north and east of Fort St. John; north on Road 101 and East on Road 103. NW corner, SW Quarter,

Section 28, Township 84, Range 16, W6M. • Terminal Point: 3.261 kilometers due east of initial point at NE corner of the SE Quarter,

Section 27, Township 84, Range 16, W6M. Description: • Farm to Market collector linking Road 108 to Road 103. Serves the primarily grain growing areas of Flatrock, Golata Creek and Clayhurst farming areas. With Road 108, collects traffic from 17 local farm and settlement roads. • Maintenance class 5C. Summer traffic 100-500 vehicles per day. School bus Route. • Virtually flat terrain with no major drainage courses. Alignment is straight throughout with 90 degree corner at 108 Rd. • Average current width is 9 meters. • Gravel surface in poor condition.

Project Description: • Base Repairs. • Roadway culvert extensions and replacements access culvert installation and replacements. • Ditching. • Geofabric installation, geogrid installation. • Gravel base application. • Gravel surfacing application. • Asphalt surfacing. • New sign installation. (project signs) • Minor brushing. Schedule: (Subject to Funding) • Prepare tenders: Jan 01, 2001 to Feb 28, 2001. • Tender: April 01 to 30, 2001. • Construction: June 07 to August 31, 2001.

Western Grain Transportation Project Highways District: North Peace #22 2. Road #108 Location: Date: February 5, 2001 Electoral Area: Peace River South • Initial Point: Km 2.422 on Road 108 approximately 32 kilometers north and east of Fort St. John; north on Road 101 and East on Road 103, East on Road 246A. NW corner, SW Quarter,

Section 26, Township 84, Range 16, W6M. • Terminal Point: 4.917 kilometers south and east of initial point at the junction of Skafte Road 246Q. Description: • Farm to Market collector. Serves the primarily grain growing areas of Flatrock, Golata Creek and Clayhurst farming areas. With Road 246A, collects traffic from 17 local farm and settlement roads. • Maintenance class 5C. Summer traffic 100-500 vehicles per day. School bus Route. • Virtually flat terrain with no major drainage courses.

Alignment is straight throughout with 90 degree corner at 109 Rd. • Average current width is 9 meters. • Gravel surface in poor condition. Project Description: • Base Repairs. • Roadway culvert extensions and replacements access culvert installation and replacements. • Ditching. • Geofabric installation, geogrid installation. • Gravel base application. • Gravel surfacing application. • Asphalt surfacing. • New sign installation. (project signs) • Minor brushing.

Schedule: (Subject to Funding) • Prepare tenders: Jan 01, 2001 to Feb 28, 2001. • Tender: April 01 to 30, 2001. • Construction: June 07 to August 31, 2001.

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 378/2001
Type	order_in_council
Volume / chapter	arc oic 0378 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	54f95817df7f877c812a2f264fbb22d327222f7b

Source file is stored in the law ingest library (pdf).