HomeMy WebLinkAboutBy-law 1556/82THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1556/82
Being a By-Law to authorize the execution
of an Agreement between Her Majesty the
Queen in right of the Province of Ontario
(MTC) and the Corporation of the Town of
Pickering for the construction of sidewalks
on White's Road
WHEREAS, pursuant to the provisions of section 27 of the Public Trans-
portation and Highway Improvement Act, R.S.O. 1980, chapter 421, the
Minister of Transportation and Communications and a municipality may
enter into Agreements for the construction of joint construction pro-
jects and every municipality has all of the powers necessary to enter
into and to carry out the terms and conditions of such Agreement; and
WHEREAS, it is deemed desirable to enter into a joint construction
project Agreement for the construction of municipal sidewalks on
White's Road during the construction of the White's Road/Highway 401
Interchange;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering
HEREBY ENACTS AS FOLLOWS:
The Mayor and Clerk are hereby authorized to execute an Agreement,
in the form attached hereto as Schedule "A", between Her Majesty
the Queen in right of the Province of Ontario (MTC) and the Cor-
poration of the Town of Pickering for the construction of sidewalks
on White's Road.
BY-LAW read a first,
20th day of
second and third time and
September , 1982.
finally passed this
TI~S AGREEMEN~ trade in triplicate this s~xth day of April,
one thousand nine hundred ~nd eighty-two.
BETWEEN~
HER. lv{AJ.ESTY. THE QU.EEN, in right
of the Province of Ontario, represented
by the M/nister of Transportation and
Communications for the Province of
Ontario,
hereinafter referred to as the "Ministry",
OF THE FIRST PART;
THE CORPORATION,OF THE TOWN
OF PICKERING
hereinafter referred to as the "Town"
OF THE SECOND PART:
WHEREAS it is the intention of the IVlintstry to build an interchange
at the intersection of the Controlled Access Highway Number 401
with Whites Road as shown on Schedule "A" attached hereto;
AND WHEREAS the l~in[stry also proposes to reconstruct and realign
Whites Road from north of Highway 2 southerly to Bayly Street as
shown on Schedule "A" attached hereto;
AND WHEREAS the Ministry will construct at its own cost and expense
sidewalks on both sides of Whites Road within the limits of its inter-
change with Controlled Access Highway Number 401;
AND WHEREAS the Town has requested the AJi,~istr), to construct
sidewalks on both sides of the proposed realigned and reconstructed
Whites Road, alt as shown in broken black line on said Schedule "A",
and the lv~inistry has so agreed provided that the cost of the construction
of the said sidewalks shall be paid by the Town as set out in the herein
Agreement;
AND WHEREAS the Town has examined and approved all Contract
Plan Drawings, documents and specifications relating to the con-
struction of the said sidewalks;
-2-
NOW THEREFORE THIS AGREEMENT WITNESSETH that in consider-
ation of the premises and the covenants herein contained, the I~rties
hereto for themselves and their respective successors and assigns
hereby agree as follows:
That the Ministry shall at the cost and expense of the Town
and in accordance with the plan drawin~s, documents and
specifications which have been submitted to and approved by
the Town, construct sidewalks and associated works along
Whites Road as follows:
(a) North of Highway 2
West Side - sra. 9+547 to Sta. 9+~87
Concrete
Sidewalk
East Side - Sta. 9+500 to St~.9+627
Asphalt
Sidewalk
Sra. 9+627 to Sta.9+695
Concrete
Sidewalk
(b)
South of CN Bridge
West Side - Sta. 10+342 to Sta. 10+364
Co~crete
Sidewalk
Associated Works:
Concrete Curb and Gutter
Concrete Catch Basin,
300 m GSP Sewer Out/ali,
Remove Bituminous I~avement
including Gutter and Spillway,
Salvage and re-erect Steel
Beam Guide
APPROVE:D
,.
East Side o Sra. 10+317 to sra. 10+3513
As socinted Works:
Concrete Curb and Glitter,
Rer~ove Bituminous pavement
including Gutter and Spillway,
Salvage and re-erect Steel
Beam Guide Rail;
Concrete
Sidewalk
-3-
That the estimated coat to construct all sidewalks and
associated works to be constructed By the Ntiniatry for the
Tow~. under this Agreement is estimated to be $16,000.00,
not including engineering services, but this is an estimate
only and the Town shall pay the Ministry for actual costs
incurred;
That the Ministry shall invoice the Town for the actual coat
of the construction of the sidewalks and associated works
required to be constructed for the Town under this Agreement
together with an amount equal to fifteen per cent thereof
for engineering services provided by the Ministry, and the
Town shall within ninety days of the receipt of any such
invoice or invoices pay to the Ministry the amount or amounts
so invoiced;
And that upon the completion of the construction of the said
sidewalks and associated works, the Town shall be responsible
for the capital and ordinary maintenance of the said sidewalks
and associated works;
And that the Town hereby undertakes to indemnif7 and save
harmless the IVllnistry from and against all claims, liabilities,
loss, coats, damages or other expenses of every nature or
kind whatsoever which the Minlstr}, may incur or stiffer aa
a consequence of, or in connection with the use of the said
sidewalks and associated works by the public;
And that the Town warrants to the Ministry that it has taken
all necessary steps, done all acts, passed all by-laws and
resolutions and obtained ail approvals required to authorize
it to enter into this Agreement.
APP[LOVE
THIS AGREEMENT shall enure to the benefit of and be binding upon
the Parties hereto and their reapectlve successors and assigns.
IN WITNESS WHEREOF the Minister of Transportation and
Communications for the Province of Ontario on behalf of the Party
-4-
o! the First P&rt h~s hereunto subscribed his signature and the
l°art]~ of the Second Part has hereunto affixed its Corporate Seal
under the hands of its proper officers dc, ly authorized in that
behalf.
SIGNED AND SEALED this
day of A.D. 1982
IViINISTER OF TRANSPORTATION
AND COMMUNICATIONS (ONTARIO)
THE COl~POR3%TION OF THE
TOWN OF PICKERING
I,~EGIONAL MUNICIPALITY
OF DURHAM
,-OWN OF PICKERING
HOT. 25+780'398
~ P,O.C, I0+000'000 ~
HWY. 401 ~. /
, ~)NCRETE SIDEWALK
'" 5Q5 ",
?HALT '!l tv,,~l K
H.O.T. 9+727'459 ~.
= H,O,T. 13+225.336 ~
o
o
0
SCHEDULi..,.
I/
I.... II
~,/t . 10+317
~0 ~- ~00