HomeMy WebLinkAboutBy-law 4097/92 THE CORPORATION OF TIlE TOWN OF ?ICKERING
BY-LAW NO. 4097/92
Being a by-law to authorize the execution of a Cost
Sharing Agreement with the Regional Municipality of
Durham respecting the rehabilitation of Whites Road
between Amaretto Avenue and Taunton Road and to
repeal section 1 of By-law 4073/92.
WHEREAS, pursuant to the provisions of section 263 of the Municipal Act, R.S.O. 1990, chapter M.45,
the Council of The Corporation of the Town of Picketing has jurisdiction over that part of Whites Road
between Amaretto Avenue and Taunton Road, jurisdiction over it not having been conferred upon
another council; and
WHEREAS, pursuant to the provisions of section 284(1) of the Municipal Act, the Council of The
Corporation of the Town of Picketing shall keep in repai~ even highway over which it has jurisdiction;
and
NOW THEREFORE the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Cost Sharing Agreemem, in the form
attached hereto as Schedule A, between The Regional Municipality of Durham and The
Corporation of the Town of Picketing, respecting the rehabilitation of that part of Whites Road
between Amaretto Avenue and Taunton Road.
2. Section I of By-law 4073/92 is hereby repealed.
BY-LAW read a first, second and third time and finally passed this 19th day of October, 1992.
Way~-~Axxh~, Mayor
Bruce Taylor, Clerk
TOWN OF
PICKERING
APPROVED;
LEGAL DEPt.
THIS AGREEMENT made this 19th day of October, 1992,
BETWEEN:
THE REGIONAL MUNICIPALITY OF DURHAM
herein called the "Region",
OF THE FIRST PART
THE CORPORATION OF THE TOWN OF PICKERING,
herein called the "Town",
OF THE SECOND PART.
Whereas the Town has undertaken a Class Environmental Assessment for the reconstruction of Whites
Road from Finch Avenue to Taunton Road, in the Town of Picketing (herein called the "Road Section");
and
Whereas the Region has determined that rehabilitation of the Road Section is necessary in order that the
Region may incorporate the Road Section into the Regional Road system; and
Whereas the Town proposes to design and undertake the rehabilitation of the Road Section through the
construction and installation of certain works and services as shown on Schedule A hereto (herein called
the "Works");
Now therefore this agreement witnesses that, in consideration of the premises and covenants contained
herein, the parties hereto for themselves and their respective successors and assigns agree each with the
other as follows:
1. In this agreement, "Commissioner" means the Commissioner of Works of the Region, or his
nominee.
2. The Town shall be the proponent of the project to construct the Works and shall comply with the
Environmental Assessment Act, obtaining all clearances lawfully required by the Ministry of the
Environment in respect thereof, including the preparation of an Environmental Study Report.
3. The Town shall prepare, to the specifications and standards of the Region, the contract drawings
and documents for construction of the Works, which drawings and documents shall be approved
by the Commissioner.
4. The Town shall construct the Works as detailed in the drawings and documents approved by the
Commissioner, including any relocation of aerial or buried utilities which in the opinion of the
Commissioner require relocation.
5. The Town shall tender and award the contract for the construction of the Works.
6. The Town and the Region shall share the total cost of the project, being,
(a) the design, construction, construction supervision and inspection of the Works;
(b) the administration and financing of the project, including the prep~ation of all contract
drawings and documents;
(c) the preparation of the Environmental Study Report; and
(d) any land acquisitions required for the project,
on the following terms:
(e) the Region's portion of the total cost of the project shall be the aggregate of the costs of,
(i) the preparation of the Environmental Study Report,
(ii) the design of the four-lane future reconstruction of the Road Section,
(iii) any land acquisitions required for the project, including but not limited to,
permits to enter and pipeline crossing agreements,
(iv) the supply of construction supervision, and
(v) the supply and installation of signs on the rehabilitated Road Section;
and
(f) the Town's portion of the total cost of the project shall be the balance of the total cost
after deduction of the Region's portion thereof, the Town's portion b~ing subject to
subsidy by the Province of Ontario.
7. The Town shall be the owner of the Works the construction of which may he inspected by the
Region.
8. (1) The Town shall arrange for the preparation of a plan for traffic control during
construction in conjunction with the preparation of contract documents, which plan
shall comply with Ministry of Transportation guidelines for signing and traffic control
on construction sites.
(2) The Town shall ensure that the contract documents provide for the maintenance of
traffic control signing during construction of the Works.
9. The Region, on behalf of the Town as its agent, shall,
(a) supervise and direct all work to the extent necessary to ensure the fulfilment of the
contract and the completion of the Works in accordance with the contract drawings and
documents;
(b) make all decisions retating to the work and to the construction of the Works in
compliance with the terms and conditions of this Agreement;
(c) at. all times make quantity and quality control records available to the Town for
inspection and processing of contract payments by the Town.
10. (1) When the Town is satisfied that construction of the Works has been completed as
required by this Agreement, the Town shall advise the Commissioner in writing and the
Commissioner shall cause the Works to he inspected.
(2) If the Commissioner concurs that the Works have been satisfactorily completed in
accordance with the contract drawings and documents,
(a) the Commissioner shall give the Town written notice that the Region is
satisfied with the completion of the Works,
(b) the contract maintenance period shall commence;
(c) the Region, at its cost and expense, shall design, supply and install permanent
road nmne signs and regulatory signs;
(d) the Region shall lawfully incorporate the Road Section, and any widenings
acquired therealong, into the Regional Road system; and
(e) the Town shall give written notice to the Region and to the Contractor that the
Town assigns to the Region all the Town's rights as~d authority under the
contract during the contract maintenance period.
11. (1) Upon substantial completion of construction, and from time to time thereafter as
necessary, the Town shall invoice the Region, by one or more invoices, for the Region's
portion of the total cost of the project then payable, calculated in accordance with
section 6, and the Region shall pay to the Town the amount of each invoice within sixty
days of the date of the invoice.
(2) Despite subsection (1), the Town shall not invoice the Region for any amount during
1992.
12. If the Town fails to complete all or part of the work that the Town is requfted to do by this
Agreement, then the Region may, at the cost and expense of the Town, do or complete any work
reasonably necessary to restore lands presently comprising part of the Regional Road system and
affected by the failure to complete to their condition immediately prior to the commencement of
constmction.
13. The Town shall provide and keep in force comprehensive general liability insurance coverage,
naming the Region as a co-insured for the purposes of this Agreement, both in an amount and in
a form satisfactory to the Commissioner.
14. The Town shall indemnify and save harmless the Region from and against any claim, action,
cause of action or liability for loss, damage, accident or injury including death, in any manner
arising due to, out of, from or in connection with the construction of the Works, save and except
for work done or omitted to be done by servants, agents or contractors of the Region.
15. The Town and the Region each warrants that it has taken all necessary steps, done all acts,
passed all by-laws and obtained all approvals within its respect powers lawfully required to give
it the authority to enter into this agreement and undertake the Works.
16. This Agreement shall enure to the benefit of and be binding upon the parties hereto and theft
respective successors and assigns.
IN W1TNESS WHEREOF the parties hereto have hereunto affixed theft corporate seals under the hands
of their proper officers duly authorized in that behalf.
SIGNED, SEALED & D~L1VERED
THE REGIONAL MUNICIPALITY THE CORPORATION OF THE TOWN
OF DURHAM OF PICKERING
G. Herrema, Regional Chaff Wayne Arthurs, Mayor
C. W. Lundy, Regional Clerk Bmce Taylor, Clerk
3
SCHEDULE A
Works and Services to be Constructed and Installed
1. Clearing and grubbing
2. Pulverize existing surface
3. Earth excavation
4. Grading
5. Granular base
6. Hot mix asphalt paving
7. Ditching and culverts
8. Top soil, seeding and mulching
9. Utility relocation
10. Rip rap
11. Highway fencing