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HomeMy WebLinkAbout84-98 . . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 84-98 Being a by-law to authorize the entering into an agreement with The McElhanney Group Limi ted. 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 Tiown of Newcastle, and seal with the Corporation Seal, an agreement with The McElhanney Group Limited and the Corporation dated the /1../ TII day of Se~rEhBEK 19 fJt..j, which an agreement is attached hereto and marked Schedule IIAII. BY-LAW READ a first time this 23rd day of July 1984 BY-LAW READ a second time this 23rd day of July 1984 BY-LAW READ a third time and FINALLY PASSED this 23rd day of July 1984 ~~-~ Mayor j~.~ Cler I Fie. ... $$n-n3iI9mnnm ../ ~ \ . 8 ETWEEN AND SCHEDULE IIN1 -- AGREEMENT made this day of 193 THE MCELHANNEY GROUP LIMITED here i nafter referred to as "McE 1 hanney" THE CORPORATION OF THE TOWN OF NEWCASTLE Herei nafter referred to as the "Town" THIS AGREEMENT WITNESSES THAT in consideration of the mutual agreemen ts and undertak i ngs herei n, NcE 1 hanney and the Town covenant and agree with each other as follows: 1. 2. 3. McElhanney agrees: i (a) at the unit prices set out in the Pricing Schedule annexed hereto as Schedule ~, Parts 1, 2, 3, and 4; to complete the aerial photography, horizontal and vertical ground control, monumentation, adjustment, topographic mapping and property boundary mapping required under this agreement in accordance with the, Memorandum of Agreement between the Town and the Ministry of Natural Resources, annexed hereto as Schedule A. (b) except as otherwise set out herein to supply all necessary labour, materials, equipment and supervision necessary for the performance of the agreement; (c) to do and fulfil everything indicated by this agreement; (d) to complete the work as required under this agreement to the satisfaction of the Town according to the dates and del iveries in Schedule C. McElhanney further agrees that the Town may order the installation of additional mapping control and/or additional map sheets and/or additional aerial photography at any time within the period of this agreement and McElhanney agrees to furnish the control so ordered at unit prices to be agreed upon at the time such a request is made. McElhanney further agrees the Town may cancel or suspend the work giving seven (7) days written notice to McElhanney, provided payment is to be made for the work completed to the date of suspension or cancellation. McElhanney shall render invoices to the Town for the work completed to the date of suspension or cancellation. , . . . 4. .~ The Town agrees; (a) to pay McElhanney for the performance of the work required under this agreement to the satisfaction of the Town, amounts calculated in accordance with the Pricing Schedule annexed hereto as Schedule B and the Schedule of Progress Payments annexed hereto as Schedule D. (b) payments under clause (a) wi II be made within 30 days following proof of performance of the work by McElhanney in accordance with the delivery schedule outlined and annexed hereto as Schedule C and the submission of detailed invoices thereof in triplicate. 5. The Town further agrees that McElhanney may subcontract the property boundary mapping to an Ontario Land Surveyor approved b y t he T O\vn . 6. For the purposes of this agreement McElhanney shall be an i independent contractor and shal I not be an employee or servant of the Town and the personnel employed by McElhanney shall be agents, employees or servants of HcElhanney and not of the Town. 7. The Memorandum of Agreement annexed hereto as Schedule A and the Pricing, Delivery and Payment Schedules annexed hereto as Schedules B, C and D are to be read into and form a part of this agreement and the whole shall constitute the entire agreement between the parties and it shal I enure to the benefit of and be binding upon them, their heirs, successors and their assigns. IN WITNESS WHEREOF the parties hereto have executed the Agreement SIGNED SEALED AND DELIVERED THE CORPORAT I ON OF THE TO~IN OF NEWCASTLE THE MCELHANNEY GROUP LIMITED (MCELHAN~EY MAPPING SERVICES DIVISION) , . 4,~ f, . AGREEMENT made this 14th. day of September 1984 BETWEEN The McElhanney Group Limited hereinafter referred to as 'McElhanney' AND The Corporation of The Town of Newcastle hereinafter referred to as the 'Town' THIS AGREEMENT WITNESSES THAT in consideration of the mutual agreements and undertakings herein, McElhanney and the Town covenant and agree with each other as follows: McElhanney agrees: 1. (a) at the unit prices set out in the Pricing Schedule annexed hereto as Schedule B, to complete the aerial photography, - horizontal and vertical ground control,monumentation, adjustment, topographic mapping and property boundary mapping required under this agreement in accordance with the Memorandum of Agreement between the Town and the Ministry of Natural Resources, annexed hereto as Schedule A; (b) except as otherwise set out herein to supply all necessary labour, materials, equipment and super:vision necessary for the performance of the agreement; (c) to do and fulfill everything indicated by this agreement; (d) to complete the work as required under this agreement to the satisfaction of the Town according to the dates and deliveries in Schedule C. 2. McElhanney further agrees that the Town -may order the installation of additional mapping con~rol and/or additional map sheets and/or additional aerial photography. at any time within the period of this agreement and McElhanney agrees to furnish the control so ordered at unit prices to be agreed upon at the time such a request is made. 3. McElhanney further agrees the Town may cancel or suspend the work giving seven (7) days written notice to McElhanney, provided payment is to be made for the work completed to the date of suspension or cancellation. McElhanney shall render invoices to the Town for the work completed to the date of suspension. \ File No______:i~8{L______________1 I 8y-l.w No--.-4t{-~~ . .. The Town agrees: 4. (a) to pay McElhanney for the performance of the work required under this agreement to the satisfaction of the Town, amounts calculated in accordance with the Pricing Schedule annexed hereto as Schedule B and the Schedule of Progress Payments annexed hereto as Schedule D; (b) payments under clause (a) will be made within 30 days following proof of performance of the work by McElhanney in accordance with the delivery schedule outlined and annexed hereto as Schedule C and the submission of detailed invoices thereof in triplicate. 5. The Town further agrees that McElhanney may sub-contract the property boundary mapping to an Ontario Land Surveyor approved by the Town. 6. For the purposes of this agreement McElhanney shall be an independent contractor and shall not be an employee or servant of the Town and the personnel employed by McElhanney shall be agents, employees. or servants of McElhanney and not of The Town. 7. The Memorandum of Agreement annexed hereto as Schedule A and the Pricing, Delivery and Payment Schedules annexed hereto as Schedules B, C and D are to be read into and form a part of this agreement and the whole shall constitute the entire agreement between the parties and it shall enure to the benefit of and be binding upon them, their heirs, successors and their assigns. IN WITNESS WHEREOF the parties hereto have executed the Agreement SIGNED SEALED AND DELIVERED ~,4.~~ ~-r ~tJ~, ~ The Corporation of The Town of Newcastle II ! ~ . \ '1 day of A ~->;\ triP1ical as of the 198 ) / MEMORANDUM OF AGREEMENT made in BETWEEN: HER MAJESTY THE QUEEN in right of Ontario as represented by The Minister of Nathral Resources for the Province of Ontario, hereinafter referred to as "Crown" AND The Corporation of the Town of Newcastle hereinafter referred to as the "Local Authority". WHEREAS the Crown considers it desirable to establish, store and update t~9ographical, cadastral and capability descriptions of the land base in Ontario; AND WHEREAS it is necessary that such descrip- tions include orderly, systematic aerial photography and basic topographic mapping at suitable scales; AND WHEREAS control surveys are essential to the production of such mapping and to the mathematical fixing of the original township and other cadastral survey fabric in a system of geodetic. controls in Ontario; AND WHEREAS the Local Authority has requested assistance from the Crown in respect of the provision of aerial photography and mapping and for installation and maintenance of a control network covering the settlep area(s) of the Local Authority and for cadastral surveys; AND WHEREAS tne Local Authority entsred into an arrangement with the assistance of the Ministet of Natural Resources, for the retention of a contractor to arrange for the provision of aerial photography and mapping and the installation and maintenance of a control network covering the settled area(s) and for cadastral surveys to be performed; -2- AND WHEREAS the control survey, aerial photo- graphy and mapping of the Local Authority is to be to the standards and specifications of the Ministry of Natural Resources; AND WHEREAS the Crown and the Local Authority desire to formalize their arrangements in respect thereof: NOW THEREFORE this agreement witnesses that in consideration of the mutual promises and undertaking hereinafter set forth the Crown and the Local Authority agree as follows: l. The Crown and the Local Authority agree that in this agreement, (a) "aerial photography" means aerial phot6- graphy covering the settled area(s) prepared in accordance with the standards and specifications; (b) "Contractor" means the person or company contracting with or employed directly by the Local Authority to arrange for the performance of the aerial photography and the mapping and the control and the key property monument measurement and the property overlay; (c) "control" means horizontal and vertical control survey of the settled area(s) prepared and targetted in accordance with the standards and specifications; (d) "key property monuments" mean selected legal survey monuments which are photo- identifiable or whose coordinates have been established and will be used to tie property overlays to the basic mapping; (e) "mapping" means topographic basic mapping of not less than 28 square kilo- metres at a scale of l:2000 of the settled area(s) prepared in accordance with the standards and specifications, also property overlays of not less than 1 square kilometres within the settled area(s) tied to key property monuments; -3- (f) "settled area" means the area lying in Universal Transverse Mercator Grid Zone bounded as follows: In the Bowmanville area ~mencing in the northeast corner at grid intersection /687000 4868000 Thence in a southerly direction along grid line 687000 to grid intersection 687000 ~867000 I Thence in a easterly direction along grid ~ine 4867000 to grid intersection 688000 4867000 Thence in a southerly direction along grid -line 688000 to grid intersection 688000 4865000 Thence in a easterly direction along grid - -line 4865000 to grid intersection 689000 4865000 Thence in a southerly direction along grid ~ine 689000 to grid intersection 689000 4862000 Thence in a westerly direction along grid ~ line 4862000 to grid intersection 688000 4862000 Thence in a southerly direction along grid line 688000 to grid intersection 688000 4861000 Thence in a westerly direction along grid line ,4861000 to grid intersection 687000 4861000 Thence in a southerly direction along grid line 687000 to grid intersection 687000 4860000 , Thence in a westerly direction along grid line 4860000 to grid intersection 684000 4860000 Thence in a northerly direction along grid line 684000 to grid intersection 684000 4863000 Thence in a westerly direction along grid line 4863000 to grid intersection 683000 4863000 ~ Thence in a northerly direction along grid line 683000 to grid intersection 683000 4867000 Thence in a easterly direction along grid _ line 4867000 to grid intersection p84000 4867000 Thence in a northerly direction along grid. line 684000- to grid intersection 684000 4868000 Thence in a easterly direction along grid line 4868000 to the point of commencement. - 4- In the Courtice area Commencing in the northeast corner at grid intersection 680000 4866000 Thence in a southerly direction along grid line 680000 to grid intersection 680000 4863000 Thence in a westerly direction along grid line 4863000 to grid intersection 679000 4863000 Thence in a southerly direction along grid line 679000 to grid intersection 679000 4862000 Thence in a westerly direction along grid line 4862000 to grid intersection 678000 4862000 Thence in a southerly direction along grid line 678000 to grid intersection 678000 4861000 Thence in a westerly direction along grid line 4861000 to grid intersection 676000 4861000 Thence in a northerly direction along grid line .676000 to grid intersection 676000 4862000 Thence in a westerly direction along grid line 4862000 to grid intersection 675000 4862000 Thence in a northerly direction along grid line 675000 to grid intersection 675000 4866000 Thence in a easterly direction along grid line 4866000 to the point on commencement. In the Hampton Bounded on the Bounded on the Bounded on the Bounded on the area north by grid line 4872000 east by grid line 682000 south by grid line 4870000 west by grid line 680000 In the Orono area Bounded on the north by grid line 4874000 Bounded on the east by grid line 692000 Bounded on the south by grid line 4870000 Bounded on the west by grid line 690000 (g) "standards and specifications" means the technical specifications of the Ministry of Natural Resources attached hereto and marked Schedule "A". -5 - 2. The Crown and the Local Authority agree that all grid lines and coordinate values shall be deter- mined in accordance with the Universal Transverse Mercator Grid System. 3. (l) Subject to subparagraph (2) the Local Authority agrees to arrange for the acquisition of the aerial photography during the FalLof 1984 or Spring of 1985. (2) It is understood and agreed by the Local Authority that in the event that the Local Authority is unable to have the aerial photography mentioned in subpara- graph (l) performed by reason of un- favourable weather or ground conditions within the time limit specified in sub- paragraph (l) the Crown may without further liability suspend or terminate this agreement. 4. (l) The Local Authority agrees to arrange for the installation of the horizontal control for mapping purposes. .(2) The Local Authority agrees to arrange for the installation of the vertical control and for the measurement of the key property monuments. (3) The Local Authority agrees to retain a contractor and the standards and specifi- cations will form part of the agreement between the Local Authority and the contractor. (4) The Local Authority understands that the Minister of Natural Resources, or the Minister of Government Services may enter into agreements with the owners of lands in the settled area(s) respecting the installation of survey monuments on their lands. (5) Where the Crown is of the opinion that an . agreement with an owner of land is required respecting the installation of surv~y monu- ments in respect of the control, the Local Authority at its expense, agrees to nego- tiate, prepare and register in the proper land registry office, the appropriate agreement, and the Crown, at Her expense, agrees to survey any lands that may be the subject of any such agreement and to pay to the owner of the land any nominal or other compensation in respect of any such agreement. ". ~ . -6- (6) The Local Authority agrees to maintain, at its expense, the monuments of the control in accordance with such directions as the Crown may give from time to time and without limiting the generality of the foregoing, the Local Authority agrees that maintenance of such monuments shall include the sCheduling of systematic inspections of the monuments, conducting inspections of the monuments and the replacement of damaged, lost or destroyed monuments. (7) The Local Authority agrees, at its expense, to: (a) schedule such a systematic, annual ins- pection of all or a part of the monuments of the control as may meet the approval of the Crown, (b) cause the approved inspection of such monuments to be made, (c) cause the monuments inspected to be main- tained in accordance with sub-paragraph (5), and (d) have a typewritten report prepared of all matters referred to in clauses (a) to (c) both inclusive, and shall have the type- written report submitted promptly to the Crown. (8) The Local Authority agrees, at its expense, to supply to the Crown all data and informa- tion in respect of the control, whether now. or hereafter acquired by the Local Authority in such form as the Crown may direct, to be used in such manner and for such purposes as the Crown considers advisable. (9) In respect of the settled area(s), the Local Authority agrees to undertake a program of referencing to the control such data as muni- cipal and other utilities, streets and property lines and such thematic information as may be of interest and concern to persons, munici- palities and government agencies whose duties and responsibilities include management of. the land base and its resources. 5. (l)The Local Authority agrees to .arrange for all mapping necessary for the performance of this agreement and that all such mapping shall con- form to the standards and specifications and that such mapping shall be inspected by rep- resentatives of the Crown and approved prior to any payment by the Crown to the Local Authority under this agreement. (2) The Local Authority agrees to furnish the Crown with all materials listed in Part 3 of Schedule "A" for safekeeping, except for the matte film positives which shall remain with the Local Authority. " . -7- (3) The Crown agrees to furnish the Local Authority with a master surround including surround typematter and scales. 6. (l) Subject to subparagraphs (2), (3), (4), (5) and (6), the Crown agrees to pay to the Local Authority part of the costs of the photography, control and mapping. (2) It is understood and agreed between the parties hereto that the total amount payable by the Crown under this agreement shall not exceed the sum of: (a) $12,000.00 ending March (b) $40t,376.00 enaing March in the fiscal year 3lst, 19 85 , and in the fiscal year 3lst, 19 86 (3) The Crown agrees to pay the monies referred to in subparagraph (l) as soon as possible following the submission of invoices in triplicate therefor by the Local Authority and the approval of such invoices by the Crown, but not later than the dates men- tioned in subparagraph (4). (4) Provided that the mapping is completed to the satisfaction of the Crown, the Crown shall make all payments which the Crown is required to make under clause (a) and clause (b) of subparagraph (2) not later than 3l March, 1985, and 3l March, 1986, respectively. (5) All invoices submitted by the Local Authority pursuant to this agreement shall itemize the work and services covered thereby and a res- ponsible officer of the Local Authority shall certify that each invoice is accurate and true and that the part of the. mapping and control referred to in the invoices has been satisfactorily performed. (6) Should monies appropriated for this agree- ment by the Legislature be at any time expended previous to the completion of the work the Local Authority may, or may not, on receiving a .notice in writing from the Crown to the above effect, stop the work; but in any case the Local Authority shall not be entitled to any further payment under this agreement after the service of the notice above referred to until the necessary funds shall have been appropriated by the Legisla- ture nor shall the Local Authority have any claim for compensation or damages for the said suspension of payment or for any stop- page or delay in the prosecution or finishing of the work as aforesaid. . ' -8- IN WITNESS WHEREOF the Minister has hereunto subscribed his signatur~ and affixed the seal of the Ministry of Natural Resources ,and the "Local Authority has affixed its corporate seal under the hands of its officers duly authorized in that behalf. SIGNED, SEALED & DELIVERED ~~ as to execution by M.Mogford for the Minister of Natural Resources ) ) ) ) ) ) ) ) ) ) Assistant ) Administr tio ) as authorized by ) Natural Resour s ) ) ) Corporation of the Town of Newcastle ) ~--' . ~BY ..----~ ~ . ~ (Position) ~~ ) ~~ ) And /7 / )By ~ l4}{J/a/~, ~ ) (Posit'on) . ) in the presence of: --- . . SCHEDULE C - MAPPING DELIVERIES Sheet No. Final to be Delivered I. 6760 48640 January 1985 2. 6760 48630 February 1985 3. 6770 48650 February 1985 4. 6770 48630 March 1985 5. 6770 48640 March 1985 6. 6850 48660 April 1985 7. 6860 48650 April 1985 8. 6840 48630 April 1985 9. 6840 48620 April 1985 10. 6870 48630 April 1985 II. 6860 48620 April 1985 12. 6860 48610 April 1985 13. 6870 48620 April 1985 14. 6870 48610 April 1985 15. 6850 48620 May 1985 16. 6850 48630 May 1985 17. 6860 48630 May 1985 18. 6840 48640 May 1985 19. 6850 48640 May 1985 20. 6860 48640 May 1985 2I. 6870 48640 May 1985 22. 6840 48650 May 1985 23. 6850 48650 June 1985 24. 6780 48650 June 1985 25. 6780 48640 June 1985 26. 6750 48630 June 1985 27. 6910 48710 June 1985 28. 6910 48720 June 1985 29. 6910 48730 June 1985 SCHEDULE B PRICING SUMMARY . AREAS Item Courtice Bowmanville Hampton Orono Totals $ $ $ $ $ (a) Horizontal Control Survey 2649.00 4425.00 1446.00 978.00 9498.00 (b) Aerial Photography 890.00 1529.00 283.00 410.00 3112.00 (c) Vertical Control Surveys 2081.00 3252.00 650.00 715.00 6698.00 (d) Topographic Mapping 12424.00 28744.00 5100.00 46268.00 (sheets) (8) (18) (5) (e) Property Boundary Surveys 6800.00 6800.00 TOTALS 18044.00 44750.00 2379.00 7203.00 72376.00 . . . . SCHEDULE D - BASIS OF PAYMENT 1. Upon completion of the aerial photography of all areas, including delivery of one set of contact prints: The total of Item 'B' of Schedule 'B'. 2. Upon completion of the horizontal control field work for each area: 90% of Item 'A' of Schedule 'B'. 3. Upon completion of the vertical control field work for each area: 90% of Item 'C" of Schedule 'B'. 4. Upon the completion of and delivery of a copy of the. 'MANOR' adjustment for each area: 10% of Item 'A' of Schedule 'B'. 5. Upon completion of and delivery of a copy of the vertical control loop closures and adjustment for each area: 10% of Item 'C' of Schedule 'B'. 6. Upon completion of the aerial triangulation and block adjustment for each area: 10% of Item 'D' of Schedule 'B'. 7. Upon completion of the compilation manuscript for each map sheet and delivery of a copy of the compilation manuscript: 50% of Item 'D' of Schedule 'B', divided by the total number of map sheets in each area, times the number of map sheets being invoiced for. 8. Upon completion of the scribing and printing work for each map sheet and delivery of a paper copy of the proof print submitted to M.N.R. for inspection: 30% of item 'D' of Schedule 'B', divided by the number of map sheets in each area, times the number of map sheets being invoiced for. 9. Upon delivery of the final reproducible clear positive for each map sheet to M.N.R. and to Newcastle: 10% of Item 'D' of Schedule 'B', divided by the number of map sheets in each area, times the number of map sheets being invoiced for. 10. Upon delivery of the final reproducible clear positive showing property overlay information for one map sheet in the Bow manville area: 100% of Item 'E' of Schedule 'B'.