HomeMy WebLinkAbout07 139 Bruce Power for Road Improvements to Con 2 Kinc
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2007 -139
BEING A BY-LAW TO ENTER INTO A MEMORANDUM OF UNDERSTANDING
WITH BRUCE POWER L.P. FOR ROAD IMPROVEMENTS TO
CONCESSION 2, MUNICIPALITY OF KINCARDINE
WHEREAS Section 11 (1) of the Municipal Act, 2001, S.O. 2001, c. 25 as
amended gives broad authority to lower-tier municipalities to provide any service
or thing that the municipality considers necessary or desirable for the public;
AND WHEREAS pursuant to the said Municipal Act, Section 27 (1) authorizes a
municipality to pass by-laws in respect of a highway only if it has jurisdiction over
the highway;
AND WHEREAS pursuant to the said Municipal Act, Sections 8 (1) and g provide
that the powers of a municipality under this or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues and has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its
authority under this or any other Act;
AND WHEREAS Bruce Power has requested that improvement be made to
certain portions of Concession 2, Municipality of Kincardine to improve access to
the Bruce Nuclear Power Development;
AND WHEREAS the Municipality of Kincardine deems it expedient to enter into a
Memorandum of Understanding with Bruce Power L.P. regarding road
improvements to certain portions of Concession 2, Municipality of Kincardine;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Council for The Corporation of the Municipaiity of Kincardine
enter into a Memorandum of Understanding with Bruce Power L.P.
regarding road improvements to certain portions of Concession 2 in the
Municipality of Kincardine.
2. That the Mayor and Chief Administrative Officer, are hereby authorized on
behalf of the Municipality of Kincardine, to execute the Memorandum of
Understanding attached hereto as Schedule 'A', on and to affix the
corporate seal as and when required.
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Bruce Power Con. 2 MOU By-law
By-law No. 2007 - 139
3. This by-law shall come into full force and effect upon its final passage.
4. This by-law may be cited as the "Bruce Power Cone. 2 MOU By-law"
READ a FIRST and SECOND TIME this 1 st day of August, 2007.
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READ a THIRD TIME and FINALLY PASSED this 1" day of August, 2007.
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Dated, June 25, 2007
This is Schedule' .lL . to By-Law
NO.dOD7-B1passed the / ...,.. d,.
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Clerk
Memorandum of Understanding
between
Bruce Power L.P. ("Bruce Power")
and
The Corporation of the Municipality of Kincardine (the "Municipality")
(collectively the "Parties" and individually a "Party")
regarding road improvements to certain portions of Concession 2 in the Municipality
of Kincardine
("MOD")
The Parties understand and agree as follows:
1. Bruce Power has retained BM Ross and Associates Limited (the "Engineer"),
to suggest improvements which could be made to the public roadway at the
entrance to the Bruce Nuclear Power Development on Concession 2 (the
"Roads").
2. Suggestions by the Engineer regarding improvements which could be made
to the Roads (the "Work") are captured in a scope document ("Scope
Document") prepared by the Engineer and provided to Bruce Power.
3. Bruce Power will submit the Scope Document to the Municipality for its
review and acceptance soon after the Municipality has signed this MOD.
4. Once the Municipality has reviewed and accepted the Scope Document, and
Bruce Power has confirmed to the Municipality and the Engineer in writing
that it wants performance of the Work to commence in accordance with the
terms of this MOD, the Engineer shall prepare the design and tendering
documents in general conformance with the Municipality's standards for
Bruce Power's and the Municipality's review and acceptance. Once both
Parties have reviewed and accepted the tendering documents, such
documents will be issued by the Engineer on behalf of the Municipality to
certain entities with respect to the performance of the Work, all in
accordance with section 5 below. The tendering process and vendor
selection with respect to the Work will be initiated, carried out and
otherwise managed by the Municipality of Kincardine in accordance with all
applicable rules, procedures and by-laws.
5. Subject to section 5 above, the Tender shall include provisions which
provide that: the lowest price, or any submitted proposal, may be rejected
for any reason; commencement of the Work may not start in 2007 or ever;
the proposal shall be based on estimated quantities and unit rates for the
performance of the Work ("Cost") and that the scope of Work and/or
schedule for completion of the Work as/if provided in the tendering
documents submitted by the Engineer on behalf of the Municipality is
subject to change.
6. Upon receipt and review of all proposals, the Engineer shall provide a
summary of the results, and identify any concerns they see with the renders
received, to Bruce Power and the Municipality. Bruce Power and the
Municipality are to decide which vendor and any subcontractor(s), if any,
should be chosen to perform the Work (the "Contractor").
7. The Municipality will enter into a services contract with the Contractor
with respect to the performance of the Work; the scope, schedule and Cost
provisions of such contract shall reflect Bruce Power's understanding and
prior approval regarding such issues.
8. The Engineer will monitor all aspects of the performance of the Work.
9. If the Engineer or the Municipality become aware of any occurrences which
it believes will result in a change to the Work scope, Cost, or schedule, it
will immediately notify Bruce Power in writing.
to. Changes to the scope, schedule, Cost and other material portions of the
Work require Bruce Power's prior approval. Bruce Power shall respond in
writing to section to notifications within 3 working days.
11. The Work shall not be considered 'completed' until Bruce Power and the
Municipality has reviewed and provided its approval (The Engineer shall
inform Contractor of the same).
12. Upon completion of the Work, the Municipality shall submit to Bruce
Power a detailed list of direct costs incurred by the Municipality as a direct
result of the performance and completion of the Work. Within sixty (30)
calendar days of Bruce Power's receipt thereof, Bruce Power will reimburse
the Municipality for any such costs, which shall in no event exceed the Cost
plus/minus any changes to that Cost which have been
approved/incurred/realized in accordance with section 11 above.
13. The Municipality has all necessary power, authority, and consents necessary
to enter into, fulfill its obligations under, and help fulfill the intent of, this
MOO. The arrangements under this MOO are for the purpose of work on
land owned by the Municipality and not on Bruce Power or private
property.
14. Nothing in this MOO shall reduce or affect any of the Municipality's legal
rights, liabilities and obligations with respect to the Roads. For certainty,
the Municipality will be responsible for any and all maintenance, upgrades,
obligations and liabilities in anyway related to the Roads including without
limitation any maintenance and/or upgrades to the actual Roads and any
signs, linings, indicators, traffic lights etc. on such Roads.
15. The single-poinrs-of-contact of the Parties with respect to this MOD shall
be,
For the Municipality:
Name:
Title:
Phone:
Fax:
Email:
For Bruce Power:
Name:
Title:
Phone:
Fax:
Email:
Jim O'Rourke
Public Works Manager
(519) 396-3468
(519) 396-8288
jorourke@kincardine.net
Lynn Campbell
Contract Specialist
(519) 361-7604
(519) 361-1920
lynn.campbell@brucepower.com
16. Except as expressly provided in section 13, to the greatest extent permitted
by law, Bruce Power, now and hereafter, expressly disclaims any other
costs, liability, obligations, and expense in any way related to this MOO and
the Roads to any person or entity including without limitation the
Municipality, and Contractor, notwithstanding that any payment, decision,
review, act, omission, or approval has been or will be made by Bruce Power
with respect to this MOD.
17. Amendments to this MOD, if any, shall be in writing.
18. This document, the documents reference herein, and any other document
agreed to in writing by the Parties contains the entire agreement between the
Parties with respect to the Work.
Understood and accepted as of the date first mentioned above by:
The Corporation of the Municipality of Kincardine
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Larry Kraemer,li'
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] ohn deRosenroll, Chief Administrative Officer
Duly Authorized
Bruce Power L.P., by its general partner
Bruce Power Inc.
iV:
Dwight Willett, Execu~e Vice President, Corporate Services
Keith Wettlaufer, CFd anQlExeyri'tive Vice President, Finance and
Commercial Services
Duly Authorized
BRUCE POWER-'
Ll\W DMSION
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