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HomeMy WebLinkAboutBy-law 1479/82THE COP~ORATION OF THE TOWN OF PICKERING BY-LAW NO. 1479/82 Being a By-Law to authorize the exectuion of an Agreement between the Province of Ontario and the Corporation of the Town of Pickering respecting the making of a Traffic Operations Study WHEREAS the Corporation of the Town of Pickering has jurisdiction over certain roads within the municipality and has concerns relating to the operation of traffic thereon, and on roads under the jurisdiction of other authorities; and WHEREAS it is therefore deemed desirable to arrange for the making of a Traffic Operations Study within the municipality; NOW THEREFORE, 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 as represented by the Minister of Transportation and Communications and the Corpor- ation of the Town of Pickering for the purpose of the preparation of a Traffic Operations Study of the road system within the municipality. BY-LAW read a first, second and third time and finally passed this Third day of May , 1982. Schedule this 'A' to By-law 1479/82 MEMORANDUM OF AGREEMENT made day of A.D. 1982, in triplicate BETWEEN: HER MAJESTY THE QUEEN in right of the Province of Ontario as represented by the Minister of Transportation and Communications, hereinafter referred to as the "Minister", OF THE FIRST PART, - and THE CORPORATION OF THE TOWN OF Pickering in the Regional Municipality of Durham, hereinafter referred to as the "Corporation" OF THE SECOND PART. WHEREAS the Minister has initiated a Traffic Operations Study, hereinafter referred to as the "Study"; AND WHEREAS the Minister and the Corporation desire to enter into an agreement for the purpose of making a Traffic Operations Study of the road system of the Corporation: NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and the covenants hereinafter contained, the parties hereto, for themselves and their respective successors and assigns hereby agree each with the other as follows: 1. That the Corporation shall retain a Consultant to carry out a Traffic Operations Study. 2. That data obtained from the Study shall be tabulated and a report, hereinafter referred to as the "Report", prepared for the improvement of the traffic operations of the road system of the Corporation. 3. That there shall be a Technical Coordinating Committee, hereinafter referred to as the "Committee", composed of at least two (2) appointees by the Minister and three (3) appointees by the Corporation, one of whom shall chair the Committee. 4. That the preparation of the Report shall be under the general direction of the Committee who shall advise the Corporation as to the use of the Corporation's staff or the use of a Consultant in the preparation of the report. 5. That the Corporation has entered into an agreement dated the 14th day of October, 1981, with De Leuw Cather, Canada Ltd., hereinafter referred to as the "Consultant" to prepare the Report in accordance with the Consultant's methods and estimate of costs as set out in Schedule "A" attached hereto and forming part of this agreement. 6. That the Minister and the Corporation are in ~greement with the methods and estimate of costs of the Report set out in Schedule "A". 7. That the Minister shall, (a) Make available to the Consultant at no expense to the Corporation, for the purposes of the Report, his existing liDrary of computer programmes and techniques; (b) Reimburse the Corporation for seventy-five percent (75%) of the costs of the Report which is Twenty-one Thousand Four Hundred Dollars ($21,400.00) up to a maximum of Sixteen Thousand Fifty Dollars any payment of Transportation provided: ($16,050.00) , in lieu of making subsidy, pursuant to The Public and Highway Improvement Act, (i) said invoices shall be approved by the Committee and paid by the Corporation, (ii) invoices shall be submitted to the Minister in such form and detail as the Minister shall require, (iii) the cost of the Report to which the Minister shall contribute shall not include any item of cost in the solving - 3 - 10. of specified traffic problems of the Corporation which the Minister does not consider an integral part of the Study. That the Corporation shall, (a) Make progress payments to the Consultant as they become due and payable for completed work; (b) Compensate the Minister for time spent by staff of the Minister in processing any data or handling any matter which is not considered by the Minister to be the responsibility of the Minister in respect to the traffic problemns of the Corporation; (c) Pay to the Minister 75% of all monies derived from the sale or other disposal of the Report or any part thereof, and (d) Supply the Minister free of charge with 12 copies of the Report. That the Corporation shall keep a detailed and separate account and record of all receipts and expenditures relating to the cost of the Report together with all documents pertaining to the Report and permit the Minister to inspect and audit said account, record and documents. That the Corporation shall require the Consultant to keep a detailed record of all costs incurred by the Consultant in the preparation and completion of the Report and permit the Minister to inspect and audit all records pertaining thereto with respect to any item or items for which the Minister is required to make payment pursuant to this agreement. 11. 12. 13. That the Corporation shall retain intact all data and records, statistical and technical information and charts relating to and culminating in the Report, its analysis, recommendations and conclusions for a period of five (5) year in which the years from the end of the calendar Report was completed. That the Corporation warrants that by-laws and obtained all approvals authorize the Corporation to enter agreement. it has passed all necessary to into this That this agreement may be terminated at any time by either party by the giving of fifteen (15) days notice in writing to the other party. IN WITNESS WHEREOF the Minister of TransportatioD and Communications on behalf of the party of the First Part has hereunto set his hand and the party of the Second Part has affixed its corporate seal attested by the hands of its proper officers duly authorized in that behalf. SIGNED AND SEALED this 198 day of , Minister of Transportation and Communications THE CORPORATION OF THE TOWN OF PICKERING SCHEDULE "A" (a) the appraisal (b) collection of data (c) analysis of data (d) Conclusions & Recommendations ,(e) technical co-ordinating committee meetings (f) draft report and presentation to Municipal Council (g) study report TOTAL COST $ 1,200 4,100 4,300 7,200 1,100 1,700 1,800 $21,400 MTC Share 75% = 16,050 Picketing Share 25% = 5,350