CITY OF TIMMINS BY-LAW NO

Transcription

1 CITY OF TIMMINS BY-LAW NO BEING A BY-LAW to authorize the Corporation of the City of Timmins to enter into a Servicing Agreement with ONTARIO INC, 150 Algonquin Boulevard East, Unit 1A, Timmins, Ontario, P4N 1A7, respecting the intersection improvements required at the intersection of Airport Road and Westmount Boulevard. WHEREAS it is considered desirable to enter into a Servicing Agreement with ONTARIO INC, respecting the intersection improvements required at the intersection of Airport Road and Westmount Boulevard. NOW THEREFORE the Council of the Corporation of the City of Timmins enacts the following as a By-law: 1. THAT the Corporation of the City of Timmins enter into an Agreement with ONTARIO INC, 150 Algonquin Boulevard East, Unit 1A, Timmins, Ontario, P4N 1A7, respecting the intersection improvements required at the intersection of Airport Road and Westmount Boulevard, a copy of which Agreement is attached and marked as Schedule "A" to this By- law. 2. THAT the Mayor and Clerk are hereby authorized to execute this Servicing Agreement on behalf of the Corporation and to afx thereto the Ofcial Seal of the Corporation. READ a rst, second and third time this 1th day of September, READ a third and nal time and enacted and passed this 1th day of September T'Or.0 IGHREN, MAYOR e ST.Ir ' AL' ATE` R, CLERK

2 SCHEDULE" A" BY-LAW NO MEMORANDUM OF AGREEMENT made in triplicate on this. BETWEEN: ONTARIO INC. 150 ALGONQUIN BOULEVARD EAST, UNIT 1A TIMMINS, ONTARIO P4N 1A7 hereinafter called the " Owner" of the First Part AND THE CORPORATION OF THE CITY OF TIMMINS 220 ALGONQUIN BOULEVARD EAST TIMMINS, ONTARIO P4N 1B3 hereinafter called the " Corporation" of the Second Part WHEREAS Ontario Inc is the registered owner of Mountjoy Concession 3 N, Part of Lot 2, Parcel SEC, as shown on attached Appendix" A". AND WHEREAS it is the Owner's intent to proceed with intersection improvements to address the needs of a new commercial development and in conjunction with conditions outlined in Bylaw No , AND WHEREAS for the proposed commercial lot, additional public works and services are required, AND WHEREAS the Owner agrees to provide the required public works and services before occupation can take place on the commercial lot, NOW THEREFORE this Agreement witnesseth that in consideration of the premises expressed, the parties mutually covenant and agree to as follows: 1. The Owner agrees to widen Airport Road and make the necessary improvements at the Westmount intersection, in order to ensure safe movement of trafc and pedestrians. The road work shall be constructed at the Owner's expense, in accordance with the standards and requirements of the City of Timmins as stated in the Manual of Engineering Procedures in Subdivisions. Such road work shall be as shown on Appendix" B". The road work shall be performed by a qualied contractor, as approved by the Corporation. Z The Owner agrees to install and construct new storm sewer infrastructure to accommodate all aspects of the intersection improvements. The storm sewer work shall be constructed at the Owner's expense, in accordance with the standards and requirements of the City of Timmins as stated in the Manual of Engineering Procedures in Subdivisions. Such road work shall be as shown on Appendix' B. The storm sewer work shall be performed by a qualied contractor, as approved by the Corporation. 3. The Corporation agrees to assume the costs for the removal of an existing 1000mm diameter CSP culvert and to replace with 22/ metres of 00mm diameter HDPE culvert complete with a headwall at the easterly invert and reinstate the asphalt across Airport Road. This work shall be included in the Owner's construction tender package and repayment by the Corporation shall be based on unit pricing identied in the tender and paid within 30 days of reception.

3 4. The Owner agrees to re- instate roadside ditches to existing municipal standards, wherever they are disturbed as a result of associated construction activities and to the satisfaction of the Corporation. 5. The Owner agrees to construct concrete curbs and concrete sidewalks in accordance with the standards and requirements of the City of Timmins as stated in the Manual of Engineering Procedures in Subdivisions. Such concrete work shall be as shown on Appendix" B".. The Owner agrees to install new trafc signals at the intersection of Airport Road and Westmount Boulevard. Trafc Signals shall be installed in accordance to Book 12 of the Ontario Trafc Manual. Trafc signals shall be provided with LED lights and LED turning arrows. 7. The Owner agrees that any road damage associated with the widening of the intersection is the Owner' s responsibility and costs. The Owner further agrees that any work to repair the damage shall be in accordance with the standards and specications currently being used by the Corporation for such works. 8. The Owner agrees to perform the work( s) under the full time supervision of the design consultant. Weekly progress reports from the consultant shall be submitted to the Corporation. Testing results shall be required, but not limited to, compaction of road sub- bases, concrete testing and asphalt quality control activities, Test results shall be submitted to the Corporation. Full release of the letter of credit will be contingent on the Corporation receiving all quality inspection results. 9. The Owner or its contractor, agrees to obtain a street occupancy permit from the Engineering Department for the duration of the work. The associated permitting fee shall be paid prior to the start of the work. 10. The Owner shall be responsible to provide trafc control in accordance to the Ministry of Transportation Book 7 Manual. No consideration will be granted by the Corporation to fully close Airport Road at any given time. All works shall be staged to maintain a minimum of one lane during construction activities. Furthermore, at each end of day, two lanes of trafc shall be made available. 11. The Owner shall provide a construction schedule to the Engineering Department one week prior to mobilizing to the site. The Corporation will be responsible to post a notice of disruption on its website. 12. The Owner acknowledges and agrees that the servicing plans shown on attached Appendix ' B", prepared by JL Richards and Associates, are the servicing plan for this intersection improvement work. 13. The Owner shall provide, to the Corporation, an estimate of costs for the completion of the work as identied in Appendix " B". This estimate shall be reviewed by the Corporation and upon acceptance, a Letter of Credit shall be provided by the Owner to the Corporation, for 25% of the amount of the approved estimate. Once the work(s) are completed, the Owner shall request the Corporation to make an inspection of the work(s) and the Corporation agrees to make its best efforts to carry out the inspection of the works(s) within thirty ( 30) calendar days, the exception being that some work(s) cannot be appropriately inspected during winter months. Upon the work(s) being inspected and certied complete by the Director of Public Works and Engineering, the Director will authorize the release of an amount not exceeding 95% of the Letter of Credit associated with the completed work(s). The remaining 5% or such greater amount shall be retained for the warranty period of two (2) years from the date of area ynption by the Corporation and shall be used to make any repairs to such services. Further, the remaining Letter of Credit shall be released after the two ( 2) year warranty period, subject to having addressed all deciencies. 2-

4 3-14. The Owner agrees to provide the Corporation as-constructed drawings showing the details of all services constructed which may be required by the Corporation for maintaining the said services after acceptance. The Owner further agrees to deposit with the Corporation a digital version in a format acceptable to the Corporation. 15. A warranty period of two ( 2) years will commence upon acceptance of the works by the Corporation. Such acceptance shall be made in writing to the Owner by the Director of Public Works and Engineering. 1. Final acceptance of the works by the Corporation will be made upon satisfactory completion and approval of the works and the expiry of the warranty period. At such time, the Corporation will assume all works and services. 17. The Owner agrees to perform the works in a timely manner. All asphalt work on Airport Road shall be completed prior to the closure of the asphalt plant and subject to the approval of the Director. The Owner is aware that under no circumstances will the Corporation accept a gravel road base to remain in place on Airport Road over the winter season. All other works shall be completed by July 1 3t, 2014 or as mutually agreed upon by both parties. Failure to honour these dates, will allow the Corporation to terminate this Agreement or to use the Letter of Credit to complete the works as shown on Appendix" B". 18. This Agreement and everything herein contained shall ensure to the benet of and be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS THEREOF the parties have hereto executed this _: - nt. Signed, Sealed and Delivered in the presence of this II day of IN at 14, OWNER: ONTARIO INC THE CORPORATION OF THE CITY OF TIMMINS: MAYOR( TO GHREN) CLT'(S A9a4( 4 7 H PALMATEER)

5 55 APPENDIX " A" BY- LAW NO The Lands and Plan Mountjoy Concession 3 N, Part of Lot 2, Parcel SEC 1 Z N o 2/(/ 2 52/ qg5 79 [ ] nanu P 55 c 55 5] ]] b 9 ] ] 514 ] 4] ] ]] ] ] sc ] ] i a ln en ve ] 24 c 1n on ve 14 2 da e 21 e2 1s J' ]] J 595 E ] 1 4 g] s b lei I ay res U) ise C S 13 7 ] ] i H qg I / ] 11[ o Mattagami River 0 22 es mon es mou 52 E 5 55 a O 493 4] 1-01 q 1s 31 es ou 2i q15 b 35 1s 3 3ss ca 3s 35s e 33 ] s Ott v e is ] ii 192 1] ryna ES ] Airport Road Airport Roa s5 5 b m Subject property identied in black.

6 APPENDIX " B" BY- LAW NO List of Drawings Prepared by JL Richards and Associates (Job No ) Drawing Cl CONSTRUCTION NOTES, SECTIONS & DETAILS Drawing C2 EXISTING / REMOVALS PLAN & PROFILE STA TO Drawing C3 PROPOSED WORKS PLAN & PROFILE STA TO Drawing C4 EXISTING / REMOVALS PLAN & PROFILE STA TO Drawing C5 PROPOSED WORKS PLAN & PROFILE STA TO Drawing C Drawing C7 EXISTING / REMOVALS PROPOSED WORKS PLAN VIEW ACCESS ROAD ELECTRICAL PLAN

7 APPENDIX " C" BY- LAW NO List of Qualied Contractors approved by the Corporation

8 CITY OF TIMMINS APPROVED CONTRACTORS LIST FOR WATER & SEWER WORK C Aecon Mining Inc. Caron Equipment Inc. P. O. Box Jaguar Drive 3820 Hwy 101 West Timmins, ON P4N 7C3 Timmins, ON P4N Tel: Tel: Fax: Fax: Contact: Greg Vaillancourt Contact: Marc Caron mcaron(o caronequipment.com gvaillancourt(d aecon. com nrocheleau(d caroneguipment.com Chartrand Equipment Ontario Ltd. Interpaving Ltd Airport Road 2385 Riverside Drive Timmins, ON P4N 7C3 Timmins, ON P4R 1 M9 Tel: Tel: Fax: Fax: Contact: Guy Chartrand guyc(d chartrandeguipment. com Contact: Joel Bertie ioel. bertie(d interpaving. com John Delost Construction Ltd. Mascioli Construction Co. Ltd. 28 Delost Ave. 359 Cameron St. South Schumacher, ON PON 1GO Timmins, ON P4N 3T4 Tel: Tel: Fax: Fax: Contact: John Delost Contact: Phil Mascioli masciol icon st(d nt. net MX Constructors Inc. R. M. Belanger Limited 94 King St, Unit Radisson Avenue Sturgeon Falls, ON P213 2Z5 Chelmsford, ON POM 1 LO Tel: ( 705) Tel: Fax: ( 705) Fax: Contact : Steve Morrison Contact: Martin Belanger smorrison(d mxconstructors. com martin(o belangerconstruction. ca C. Villeneuve Construction Co. Ltd. P. O. Box 1720, 1533 Hwy 11 Hearst, ON POL 1 NO Tel: ( 705) Fax: ( 705) Contact: Charles Harris charris(c- villeneuve. on. ca Updated: Mav 2013( REPORTS) LF-E03Gen

9 CITY OF TIMMINS BY-LAW NO BEING A BY-LAW to authorize the Corporation of the City of Timmins to enter into a Servicing Agreement with ONTARIO INC, 150 Algonquin Boulevard East, Unit 1A, Timmins, Ontario, P4N 1A7, respecting the intersection improvements required at the intersection of Airport Road and Westmount Boulevard. WHEREAS it is considered desirable to enter into a Servicing Agreement with ONTARIO INC, respecting the intersection improvements required at the intersection of Airport Road and Westmount Boulevard. NOW THEREFORE the Council of the Corporation of the City of Timmins enacts the following as a By- law: 1. THAT the Corporation of the City of Timmins enter into an Agreement with ONTARIO INC, 150 Algonquin Boulevard East, Unit 1A, Timmins, Ontario, P4N 1A7, respecting the intersection improvements required at the intersection of Airport Road and Westmount Boulevard, a copy of which Agreement is attached and marked as Schedule "A" to this By- law. 2. THAT the Mayor and Clerk are hereby authorized to execute this Servicing Agreement on behalf of the Corporation and to afx thereto the Ofcial Seal of the Corporation. READ a rst, second and third time this 1th day of September, READ a third and nal time and enacted and passed this 1th day of September CERTIFIED TRUE COPY OF BY- LAW NO TOM LAUGHREN, MAYOR CLERK STEPH PALMATEER, CLERK