Loading...
HomeMy WebLinkAbout85-78 ~ .. THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 85- 78 being a by-law to authorize the entering into an agreement with Her Majesty The Queen in right of the Province of Ontario, as represented by The Minister of Transportation and Communications THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation Seal. an Agreement with Her Majesty The Queen in right of the Province of Ontario. as represented by The Minister of Ttansportation and Communications for the Province of Ontario. and the Corporation dated the day of 1985. which Agreement is attached hereto and marked Schedule "A.II By-law read a first and second time this 10th day of June 1985. By-law read a third time and finally passed this 10th day of June 1985. ~ . ',j ayor / Q ~ i, I f~'. " Clerk I Ria NO..-.d~aL._._.-.J ~ AGREEMENT Dated: May 8, 1985 BETWEEN HER MAJESTY THE QUEEN, in right of the Province of Ontario, represented by the Minister of Transportation and Communications for the Province of Ontario and THE CORPORATION OF THE TOWN OF NEWCASTLE Subject: Widening and Reconstruction of Baseline Road - Liberty Street to Duke Street Town of Newcastle . . . . . ~ Ministry of Transportation and Communications APPROVED M!rlistry of TrGn3y~rt3t1an cor,nm~~,t):'::Jtt0n9 ~\ p r ;;.:; V E D I ~.~.: 1 -',...<.__.,.,.-.r.."'.....1>"~m.,...",....~ legal crdn~h ' As To Form B'....\i.'.~\'7.,.. Date.'S,.~.s!.~. . . ... THIS AGREEMENT made in triplicate this eighth day of May, one thousand nine hundred and eighty-five. BET WEE N HER MAJESTY THE 8UEEN, In right of the province Of ntarlo, represented by the Minister of Transportation and Communications for the Province of Ontario, hereinafter referred to as the "Ministry", OF THE FIRST PART; and THE CORPORATION OF THE TOWN OF NEWCASTLE, hereinafter referred to as the "Town", OF THE SECOND PART: WHEREAS the Town intends to widen and reconstruct Baseline Road from Liberty Street to Duke Street, in the former Town of Bowmanville. Town of Newcastle. Regional Municipality of Durham, as shown on Schedule RAn, attached hereto; AND WHEREAS a portion of Baseline Road Is under Ministry jurisdiction and designated as a controlled access highway hereinafter referred to as "the widening" as shown on Schedule "An attached hereto; AND WHEREAS the parties hereto agree that the Town will reconstruct the widening at the Ministry's cost and expense and the Ministry will remove the controlled access highway designation of the widening and transfer the widening to the Town, as per the Town's Resolution 'GPA-15-85 and 'C-14-85 attached hereto. , . MinistrY of R U Transportation and Commu.,ic;:1t:ons APPROVED --. PLANNING AND DESIGN p):;; . ~... DateB.i:~Q~:1..7 MI=;~~~~ of n Tr3nSr>("t"tl~n ~ f'lrd . Col:t,tm",l!-:rH~,ne G AP?;-; Vf~D 1~ ~'"1'l';;;;~~i"~ :~'~'~h~~~~ ~ A~ io Fcrm i . By.. ..f..t. ~ ,.T......1 . Oat. 15 . D' '~I "~_'.c .........'1'.. . ~-~"'~ () "\ .. 2 .. NOW THEREFORE THIS AGREEMENT WITNESSETH that In consideration of the premises and the covenants herein contained the Parties hereto for themselves and their respective successors and assigns agree each with the other as follows: 1. That In this Agreement. (a) "Regional DirectorQ means the Regional Director of the Central Region of the Ministry of Transportation and Communications. or his nominee; 2. That the Town. (1) shall design and prepare the contract drawings and documents required for the construction of the widening and In so doing comply with a standard mutually acceptable to the Town and the Ministry; (2) submit the contract drawings and documents for the approval of the Regional Director; (3) allow the Regional Director at least thirty (30) days to examine and review the contract drawings and documents: (4) include In conjunction with the contract drawings and documents. (a) construction and resurfacing of the widening; Ministry of Transportation and Communications APPROVED Mlrds.1.l.\o 01 Transp,-'r...ltlon an.; ) Communi!"_ ;.t:Dn~ ;: A P P fi ::: / L D ~~""""'-"'I';''''J'''__'''''''''''''' bgal Oranch As To Form I B,......f.!.~t.T... . Da"'..IS.:lt$.~~. . 3. · 3 - (b) curbs and gutters where required; (c) relocation of aerial or burled utilities and services subject to Ministry approval and authorized by Issuance of a Ministry utility moving order; (d) Illumination IS designed by the Mtnistry: ee) grading. drainage Ind application of suitable vegetative cover of areas within the widening as required: (f) rOld nlme Signs. warning signs and regulatory signs as required: (9) zone painting; and (h) preconstructlon surv.y. foundation and soils Investigation. pavement recommendations and road design; (5) shall prepare legal plans for any property required to construct the widening and negotiate In consultation with the Ministry, acquisition of the property. all at the cost and expense of the Ministry and subject to the approval of the Regional Director. That the Town at the cost and expense of the Ministry shall prepare I plan for traffic control during the construction of the widening as set out in clause 2 Ministry 01 Transportation and Communications APPROVED Pl.ANNING AND DESIGN AI ~:~ ~ ~ DeJ~-::r?2.-::.l.7... . Mlnlstry of Transl'"rtotlon ""d ~O'll.mun;!::'2t!onS ~~or,0:; Y :.:,~~,~.! lag-'if ~,r;H.{;h As To Form By. ... .4!., .G..,:r!... D.te.'~~ts.~.o.. . ~.~_..,-""...... .(\ IV>. I-- - 4 - of this Agreement, the plan to be In accordance with the Ministry's Manual of Uniform Traffic Control Devices and to be approved in writing by the Regional Director. 4. That the total estimated cost of the widening Is the sum of One Hundred and Sixteen Thousand ($116.000.00) Dollars Including surcharges, but this Is an estimate only and payment shall be made on the basis of the actual cost of the work completed by the Town for the Ministry under this Agreement and approved by Ministry inspection. 5. That from time to time the Town shall Invoice the Ministry for unpaid actual cost of work under this Agreement. together with surCharges. and the Ministry shall pay to the Town the amount or amounts of each Invoice within sixty (60) days of the date the Ministry receives the inVOice. 6. That at least sixty (60) days prior to the commencement of the construction set out In clause 2 herein, the Town shall provide to the Ministry 8 written final estimate of the cost to do the work herein. receipt of the final estimate shall be aCknowledged in writing by the Ministry and the Town shall construct the works as detailed In clause 2 above. 7. That the Town shall ea> keep Quantity and quality control records In form satisfactory to the Ministry. and Ministry of Transportation and ComnwnlcaHons APPROVED PLA4NN'N~:N: :/i To .. k B ..:. .' ........ Date~~/.7. Mln~i~';;--' Tran8p-:>rt.1"t:~on I "cd l CO'mmt;.n;~.:}tlonG ~ ApC~'~~\;CD ~ l I; '.,' > ..... ~ ~ ~~-=-l~~?;;~':'~~~~.~h~W-"-' Pis To form By. ....t:;.t.~.t!:..... O.t<l.':$~~S~.'-'. .n '\ - 5 - (b) at all times make the quantity and quality control records available for Ministry inspection. 8. That the Ministry at the cost and expense of the Ministry shall Inspect the works defined In clause 2 of this Agreement. 9. That the Town. (a) shall supervise and direct all work to the extent necessary to ensure the fulfillment of the construction contract and the completion of the work in accordance with the contract drawings and documents; (b) shall deCide all questions relating to the work and construction of the work in compliance with the terms and conditions of this Agreement: (c) shall maintain in form and detail satisfactory to the Ministry records pertaining to the inspection of materials and workmanship, and as requested make the records available for Ministry inspection. 10. That the surcharges mentioned in clause 4 are as follows: (a) for field engineering and supervision 10.4 per cent of the construction cost: (b) for design engineering 3.7 per cent of the construction cost: and Ministry of TransPOrtation and CommUnicatIons APPROVED Pl.ANNING~N. D DE G ~FFI ra ev. .. ...=:: Date.f-:r.::~.L7.. .,,"w.""'",; Mlr.'Jtr'l oj Tranflf'S:'- ~,tl~n t_', J CO'lTlinuni~' 3." :''J:-;S A.Pi'! '.;) :>lI=..<:X-l~~~.1.I"- ~";_-,~~'~h-' ~f. - i As Yo Fcrm . By. ....E., .Gr., :1:~...., Dots '$~O.~f.~. ........,;.:...~~"~~ n .vr - I - (c) for administrative overheads 3.2 per cent of the construction cost. 11. That when in the written opinion of the Town the work In this Agreement has been satisfactorily completed the Town shall notify the Regional Director, the Regional Director shall cause the work to be Inspected. and If the Regional Director Is satisfied the work has been completed In accordance with the contract drawings and documents, the Regional Director shall give the Town written notice to that effect and thereafter the Town shall at the Town's cost and expense, be responsible for maintenance of the widening and for the supply of energy to the widening, Including Illumination. 12. That the Town shall Indemnify and save harmless the Ministry from and against any claim, action or liability for loss. damage. accident or injury In any manner, arising due to. out of. from or in connection with the widening undertaken and performed by the Town or Its agents under this Agreement. 13. That the Town warrants it has taken all necessary steps. done all acts, passed all by-laws and obtained all approvals within Its power legally required to give It the authority to enter into this Agreement. THIS AGREEMENT shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. .' Mlnlsh'Y 01 Transportation and Communications APPROVED ~~;;.~~~;;--, 01 .__ ~ 'frensportntlon I~ "~d J Co'it",mIJnlr::.d'~"ng :~ APPR:'l."~D ~. '.~>>">"' "...-.. 'LLI ~ t.tl&al r;l;_'Ll~;;l W Ll~~. To Fo'm U 8V.. .E...c;..:T.....~ Ilate~'!:!!~Q~ - 7 - IN WITNESS WHEREOF the Minister of Transportation and Communications on behalf of the Party of the First Part has hereunto set his hand and the Party of the Second Part has hereunto affixed Its Corporate Seal under the hands of its proper officers duly authorized in that behalf. SIGNED AND SEALED this (1 day of ~ , A.D. 1985. COMMUNICATIONS (ONTARIO) THE CORPORATION OF THE TOWN OF NEWCASTLE ~~~ ----L----/ "1-t;o.e t-Ltw. ~ tJ.<...&te Ie " 1 1/ II II /j ~ ~ r '1\ \\ \ \ ~ OJ BASELINE RO, BETWEEN DUKE ST, AND LIBERTY ST, LIBERTY ST. BASELINE RD. BEhwEEN DUKE ST. AND LIBERTY ST. IS PRESENTLY UNDER M. T,C, JURISDICTION AND SERVES = = =::' =aASYART OF THE HWY, 401 INTERCHANGE 432 LOT II CON. I AND B. F. TOWN OF NEWCASTLE REGIONAL MUNICIPALITY OF DURHAM :::;.=- ~ -;7 '-"'~ '~ , ~. ......-:-;;::=-= ...- ==~ -, :-:::- o 'j; ~~Z.. z t- O 0 U --' z 0 I- .. ...J C,) W ::> I- 0:: 0 t- ~ en z z 00( La.: 0 :E C,) :I: , 0 (D LA.. I- 0 :> 0 t- C) ::E z -.J >- ...J W LL , I- <t ::E x 0 0:: 0- 0.. <t :I: CD LEGEND I>>~." I EXISTING CONDITION I....>........."... ) NEW RECONSTRUCTION ,:-'<.;';"':':';';'" . JJ - - LIMITS OF TRANSFER AFTER CONSTRUCTION == ..=.;::::.-"'"- DUKE ST. NORTH -== ==~~ ~ '~ \ \ I SCHEDULE DAD i'i,"" ALL DIMENStONS ARE IN M\::TRES - NOT TO SCALE - ----.--- 'G.p~^.. 'Minu,tes Baseline Ro&d Between Liberty &nQ Du~e Streets. ~owmqoville lo.2.1q~. p ) r /' I Or .......~:-~'- ......._ -~".~,_.Jk.~..q... ~=J - 11-~ ~gp~grY 7th 19as. r "'; '::' ," ~ "- ~ .... ""Y:::'-'l~ \u l: jf"... <.l ii.. II~.... _I 't&.'V a __~ Resolution HGPA-15-85 MoveQ ~y Co~ncillor Taylor. :secooqeQ Pf Councilaor HUbb&rq THAT the recommenQ~tjons jn ~eport WP-1-8~ b~ endorS~~i Hnq 1 . T~q t thi s repo rt be rece h eQ ; afiq 2. That the CounciJ of the COrporqtion of the Town of Newcastle resolve to accePt own~rshtp of BaseJine Road tn BowmanviJle between Liperty Street an~ Duke Str~~t. once said road section has peen recon~tr~cted to ~ standard mutuqlly acceptable to the To~n and th~ Mi nj stry of Tran~portqtjQn Clnct COCflflluniciHipns, . anq 3. That a certified copy of tnese resolutions be forwarded to the Ministry pf Tran~portqtjon anq Communications. . 'ICARRI~D" CERTIFIED UNDER THE HAND OF THE . CLERK AND THE SEAL OF THE . CORPORATION OF TH~ TOWN OF NEWCAS1U TO BE II COPY OF <<SM. fj II0rY -:#6=/11- /s- %5" THE ORIGINAL OF WHICH IS IN THE CLERK. """"ESSION OR UNDER THE CONTRO\. OF THE 17 rv.- "7iiDAY Of;;Jiuv~ ~ 110' DATEDTHE~~ ~~ _, r CLERK OF THE CORPORAnOl Gf THE. TOWN Of NEWCASTLI .- ! ( , I 'Council Minutes Reports G.P .A. Report of Jan. 7/85 , 1 5 - aouary 14. 1985 CEt~.~~;;,:~~.:;._. ~~:;:Jf~~.l Resolution #C-14-85 Moved by Councillor Hamre, seconded by Councillor Hobbs THAT the General Purpose and Administration Committee Chairmanl~ Report of January 7, 1985, pe approved, except for Item #11. . "CARRIED" .--.. ~-......, CERTIFIED UNDER THE HAND OF THE WoRK AND THE SEAL OF THE CORPORATION OF T~ TOWN OF NEWCASTlE TO BE A COPY OF t{f;SQL tf T/ Il N' #e-/~':"g,;) THE ORIGINAL OF WHICH IS IN THE POSSESSION OR UNOER THE CONTROL OF THE CLERK. DATED~~}" 18~ CLERK OF TIff CORPORATION OF TIlE TOWN OF NEWCASni .~..:I DYE & DURHAM LTD. - 950 Blue TORONTO