HomeMy WebLinkAbout85-78
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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.
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. ',j
ayor /
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Clerk
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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
. .
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Ministry of
Transportation and
Communications
APPROVED
M!rlistry
of
TrGn3y~rt3t1an
cor,nm~~,t):'::Jtt0n9
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legal crdn~h '
As To Form
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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
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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
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bgal Oranch
As To Form I
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3.
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(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
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As To Form
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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
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Date~~/.7.
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(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..
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Mlr.'Jtr'l
oj
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(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
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'frensportntlon I~
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APPR:'l."~D ~.
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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
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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
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LEGEND
I>>~." I EXISTING CONDITION
I....>........."... ) NEW RECONSTRUCTION
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- - LIMITS OF TRANSFER
AFTER CONSTRUCTION
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DUKE ST.
NORTH
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SCHEDULE DAD
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ALL DIMENStONS ARE IN M\::TRES - NOT TO SCALE
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'G.p~^.. 'Minu,tes
Baseline Ro&d Between
Liberty &nQ Du~e
Streets. ~owmqoville
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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
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DYE & DURHAM LTD. - 950 Blue
TORONTO