HomeMy WebLinkAboutTWP 92 034 Tender - AIR X Strip
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MUNICIPALITY OF THE TOWNSHIP OF KINCARDINE
BY-LAW 92-34
A BY-LAW TO ACCEPT A TENDER FOR THE CONSTRUCTION OF A CROSS-STRIP
AT THE KINCARDINE TOWN AND TOWNSHIP AIRPORT.
WHEREAS the Council for The Corporation of the
of Kincardine deems it expedient to accept a tender
construction of a cross-strip at the Kincardine Town and
Airport;
Township
for the
Township
NOW THEREFORE the Council for The Corporation of the
Township of Kincardine ENACTS as follows:
1. That the tender of Cottrill paving and Materials in the
amount of $404,400.08 for the construction of Runway OS/23
is hereby accepted subject to the conditions outlined in
paragraph 3 below.
2. That the Reeve and Clerk-Treasurer are hereby authorized to
sign, on behalf of the Council for The Corporation of the
Township of Kincardine, any contracts and other documents
required to authorize such work to commence and to affix the
corporate seal of The Corporation of the Township of
Kincardine.
3. This by-law shall come into full force and effect upon
approval of the tender by the Town of Kincardine and upon
the acceptance and signing of the cost distribution
agreement between the Bruce Energy Centre Limited, the
Township of Kincardine and the Town of Kincardine and upon
sufficient security being deposited with the Town of
Kincardine and the Township of Kincardine by Bruce Energy
Centre Limited.
4. This by-law may be cited as the "Kincardine Town and
Township Airport Cross-Strip Tender Acceptance By-Law".
READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 17th
day of August 1992.
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Weir S eane, Reeve
06/17/82 13:46
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Graham~. Mah001lt
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BlI1Tister & Solicitor
Notary Public
P.O. Bœ 388
313 l.AI1Ibton SUeet
KiDc8rdiIIe, Ontario
N2Z 2Y8
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Auqust 17, 1992
Mrs. Muriel Eskrick
Clerk, Township of Kincardine
R. R. 5
Kincardine, Ontario
N2Z 2x6
Dear Mrs. Eskrick:
ReI Airport Agreement with Bruce Energy
Centre Limited
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Please find enclosed the above-noted aqreement which has been
revised pursuant to instructions received from Hr. Shaw. I
understand execution of this aqreement is to be approved at
toniqht's council meetinq.
Yours truly,
~lr~~1
GRAHAM E. MAHOOD
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FEEO DOCUMENT THIS DIRECTION
IMPORTANT
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THIS AGREEMENT MADE this
BET WEE N :
day of August, 1992,
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THE CORPORATION OF THE TOWN OJ!'
kINCARDINE and THE CORPORATION OF
THE TOWNSIfIP OF KINCARDINE
Hereinafter called "the OWners",
OF THE FIRST PART
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ØRUCE ENERGY CENTRE LIMITBD,
Hereinafter called "the Corporation",
OF THE SECOND ~ART
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WHEREAS the OWners own an airport known as "Kincardine Town and
Township Airport" on the lands described in Schedule "p." attached
hereto (herei.nafter called the "Lands") which aiJ;port is managed
and operated by the JO.ricardine Town and Township Airport COllunittee
(the "Airport Committee");
AND WHEREAS the OWners have agreed to reconstruct Runway OS/23 on
the condition that the Corporation pays all the Owners' shar.e of
all costs incurred in connection with the reconstruction o[ Runway
OS/23;
NOW ~REFORB THIS AGRBEMENT WITNESSBS that in consideration of
other good and valuable consideration and the sum of Two Dollars
($2.00) of lawful money of Canada now paid by each of the parties
hereto, the receipl: whereof is hereby acknowledged, the parties
hereto covenant, promise and agree with each other as follows:
1. Subject to the provisions of this Agreement, the Owners agree
to design and reconstruct Runway 05/23 on the Lands which
runway shall include the works and shall be in accordance with
the engineering design criteria and specifications set out in
Sohedule "B" hereto (hereinafter called the "Project").
The parties acknowledge that a cost estimate fOr the Project
has been prepared by the OWners' engineer and is set out in
Schedule "C~ attached hereto.
2.
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3. (a) The Corporation agrees to pay the Owners' share of all
costs incurred in connection with the Project including,
without limitation all construction costs, all
engineering costs already incurred or to be incurred in
the design of the Project and supervision of the
construction, and the cost of any liability insurance
policy taken out by the Owners indemnifying the Owners
and the Owners' engineer from any loss arising from
claims for damages, injury or otherwise in connection
with the construction of the Project.
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Por the purpose of this Agreement, the "Owners' share" of
all costs shall be all costs incurred in conne<;{,ion with
"the Project not covered by IS grant approved by the
Ministry of Transportation and Communications covering
fifty pel: cent (50%) of the costs incurred ill connection
with the Project.
Notwithstanding paragraph 3. (a) above, the maximum amount
payable by the Corporation hereunder shall not exceed
$250,000.00 (excluding GST).
4. The Project. shall be constructed under a tender called by and
awarded by the Airport Committee.
(b)
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5.
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6.
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All account._illed to the Owners for t-Owners' share of the
costs incurred in connection with ~e Project sh~ll be
delivered t.o the Corporation for payment and shall be paid by
the Corporat.ion within ten days from the date of d~¡ivery.
For the purposes of this Agreement, such accounts shall be
delivered to the Corporation by leaving a copy at the Head
Office of the Corporation located at R. R. 5, KincsJ:dine,
Ontario N2Z 2X6 or by mailing a copy by ordinary prepaid mail
to the Corporation at the above address.
orhe accounts sha).l be deemed conclusively to have been
delivered when so personally delivered or on the ßeconrl day
following delivery thereof by mail.
All accounts not paid within the ten day period referred to
above shall, after the expiry of the ten day per.lod, bear
interest at the rate of ten per cent (10%) per month until the
date of payment.
(e.)
On or before the execution of this agreement, the
Corporation shall have delivered to the Ownør:s either
cash or an irrevocable letter of credit from a cha~tered
bank in a form satisfactory to the owners' soU.citor and
in the aggregate amount of. I
(i)
one hundred per cent (100%) of the OWners' share of
all costs incurred in connection with \;he project
as estimated in Schedule ·C· hereof, and
(it) $37,924.00 bêing the estimated cost of 1:1\13 items
set out in paragraph 9 of this a~reement.
The cash or the letter of credit d~livered hereunder
shall guarantee the completion of the Project and the
items set out in paragraph 9 of this agreem~nt. If a
letter of credit is delivered hereunder then it shall be
in force and effective for a minimum guaranteed period of
one year and shall be renewed for such longer time as the
owners, in their absolute discretion, consider necessary.
Renewal of the letter of credit shall be evidenced in a
form satisfactory to the Owners' solicitor.
(b) The Owners agree to reduce the amount of cðGh or the
letter of credit from time to time provided that the
amount of cash or the value of the letter of credit still
retai.ned shall at all times be sufficient, in the 801e
estimation of the OWners, to cover the Owners' share of
all costs not yet billed to or not yet pa; d by the
Corporation.
(c) In the event of default by the CorpoJ:ation in t.hA payment
of any amount payable pursuant to paragraph 6 hereof or
in the event of a default by the Corpo.l:ati.on under
paragaph 9 hereof, the Owners may at their option,
without further notice, cash the letter of credit
referred to in this paragraph and apply any cash
delivered to it pursuant to aubparagraph (8) hereof or
received u¡x:In the cashing of the letter of c1:edit to
payment of all amounts already payable or w¡' ich shall
,become payable subscequently pUX'!I\lant. ,to par:agraph 6
, hereof or to completé thecoristruction of or po'.!.y for the
, items set out in parágraph 9 hereof.
7. The Corporation agreces to convey such lands in fee simple and
such easements as required by the Owners for the consl.r.uction
of Runway 05/23 which lands and easements are out.' ined in
Schedule "D".
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a.
The AirpoX't Committee in tendering for the reconstruction of
Runway 05/23 shall stipulate that the granular materials f¡;om
~ug.17 '9212:49 Received from
519 3'36 9446
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the the corpor_lon's pit located near &e airport is a
satisfactory' source of Granular "B" subject to the appr.oval of
the stockpiled material by a geotechnical engineer.
Notwithstanding any other provision of this Agreement, the
Corporation acknowledges and agrees that:
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it wIll pay the entire cost of construction of the inter-
connecting taxiway, including all granulars, asphalt and
taxiway edge lighting which cost is not subject to a
grant of subsidy from the Ministry of Transportation and
Communication;
the lighting system for the taxiway will b,~ inter-
connected to the edge lighting for Runway OS/23;
the operation of the taxiway lighting will be controlled
by the Airport Committee; and
the apron lighting will be the responsibility of the
Corporation.
10. 'l'h.i.s Agreement shall enure to the benefit of and shall be
binding upon the respective heirs, successors and assigns of
each of the parties hereto.
(a)
(b)
(c)
(d)
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IN WITNESS KHBRBOF the parties hereto have hereunto affixed their
respective corporate seals attested by the hands of their
respective officers duly authorized in that behalf.
SIGNED, SEALED and DELIVERED
in the presence of
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AUQ.17 '92 12:50 Rocoived fro.
) THE CORPORATJ:ON 01" THE 'I'OWN OF
) KINCARDINE
}
)
} pere
} Mayor -
}
}
} peJ:e
} Clerk- Administrator
)
)
) THE CORPORATION OF TIlE 'I'OWNSHIP
} OF KINCARDINE
)
)
) per:
) Reeve
}
}
} nerl
) Clerk-TreasureJ:
}
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} BRUCE ENERGY CENTRE LIMITED
)
}
} pe:r;
} President - Archie,. t,êach
}
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} per:
}
519 396 9446
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§_9UEDULE 'A'
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ALL AND SINGUL1\R that certain parcel or tract of lond and
premises situate, lying and being i.n the '1'ownship of
Kincardine, in the County of Bruce and Province of ontario <\lid
being composed of part of Lot 27, Concession "1\" or Lake [lange
and more particularly described as follow:
,BEARING HEREIN are astronomic tlnd ate derived ftom deposit pJ.¡:m
Number 425:
COMMENCING at a point in the southl'!r.:Ly limit of said lot n.
concession 1111." distant 10 feet ¡lIeasured north 61 degrees 31
minutes 40 secoIids west thel:ealong from the southeo~terly
corner thel:'eof:
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I THENCE North 29 degrees 11 minutes 00 seconds East along the
westerly limit of the Kings Highway Number 21 os shown on the
said Deposit Plan Number 425 a distance of 636.04 feet more or
less 22 minutes 00 seconds vlest therealong frolll the northerly
limit of said Lot 27;
TUENCE Notth 61 degrees 8 minutes 00 seconds West and p6,,1111el
to the sald nott~hel;Jy limit of Lot 27 a distance of 200.0 feet;
THENCE South 29 degrees 11 minul:es 00 seconds West and parallel
to the said westerly limit of the Kings Highway Number 21 a
distance of 387.42 feet:
North 61 degrees 31 minutes 40 seconds West and parQl1el
souther.ly limit of said Lot 27 a dist.ance of 4. '/49.9 e
THENCE
to the
feet ;,
THENCE South 29 degrees 11 minutes 00 seconds West and pill'aUel
to the said westerly limit of the Kings Highway Number: 21 il
distance of 250 feet to the said southerly limit of J..at 7.'1;
'rUENCE South
said southerly
or less to the
61 degrees 31 minutes 40 seconds East along the
lilnil: of Lot 27 a distance of 4,950.00 feet more
point of commencement.
SECONDLY
ALL AND SINGULAR that cert~ain parcel or tract of laud and
premises situate, lying and being in the Township of
Kincardine, in the County of Bruce and Province of Ontaric) and
. being composed of part of Lot 27, in Concession "A" alld being
Part 2 on Reference ~:Lan 3R-43B deposited in the n~gistry
Office for the Registry Division of Bruce No. 3 on lhe 16th
day of September. 1973 and parts 3 and 4 ou said Refel:ence plan
3R-438, said Parts 3 aud 4 being part of IJot 20 in concession
"A", Lake Range, Township of Kincardine, Bruce County.
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THIRD~'L
ALL AND SINGULlIR that cer.tain patcel or tract of lond and
premises situate, lying and being in the Township of
Kincardine, in the County of Bruce and Pl:ovince of Ontario and
being composed of part of Lots 28 aí¡d 29, in Concession "h" and
being Parts 5, 6 and a on Refenmce Plan 3R-438 deposited in
."~he RegistrY.Office for the Registry Division of Bruce No. 3
òrt',the, 16th day of 'september, 1972, said Patt 5 on· Re[crence
Plan 3R~430 being composed of part of Lot 28, ConcessiQIl ,"1\"
only and said Parts 6 and a on Refet0nce Plan 3R-43B being
composed of pal:t of Lut 29, Concession "A" only.
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Aug.1? '92 12:51 Received from
519 396 9446
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. SCHEDULE "1\" - PI\GF.: 2 .
F91JRTHLr
ALL AND SINGULAR that ce¡:tain parcel or tract of land ond
premises situate, lying and being in the Townshí~, of
Kincardine, in the county of Bruce and Province of Ont,i.'ItlO and
being composed of pat.t of Lot 29, Concession "A" and heing Part
7 on Reference Plan 3R-438, deposited in the Registry offica
for the Registry Division of Bruce No. 3 011 Ute 16th day of
september, 1973.
FIFTHLY
1\LL MID SINGUJA\n. that certain parcel or tract of land and
pr,emises situate, lying and being in the Township of
Kincardine, in the county of Bruce and Province of Ontotio and
being composed of part of Lot 30, Concession "A" des.í.gni'lted as
Part 1 on Refet.'ence Platl deposited in the Land Regis!:.] y Office
for the negistry Division of Bruce No. 3 as 311.-3613.
SIXTHLY
1\LL AND SINGUI.1\R that certain parcel o~ tract of: ~and and
premises situat9, lying and being ~n the TOWI1Ghip of
Kincardine, in the County of Bruce and Province of Ontario alld
being composed of part of Lot 26, concession "1\", desÍ.C uated as
Parts 1, 2. 3, 4 ðnd 5 on Reference Plan deposited In tho Land
Registry Office for the Registry Division of Bruce No. 3 as
3R-3B03.
Aug.17 '92 12:51 Recoiuod from
519 396 9446
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SCllEIJULI:õ: 'D'
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rROJECT ])I~SCRIPTlON
RECONSTRUC110N OF RUNWAY OS/2.3 (660 Jl ctl1~s)
KINCAR1JINE TOWN AND TOWNSmp AIRPORT
The proposed reconstruction of Runway OS/23 involves the construction of Ll paved runway,
[iftcen (15) metres in widll1, IIpproximately 660 metres in length and desiglled ill flccordance
with the applicablc standards and recommended practices of Transport C¡lnada as
documented in their publication TP 312E for a Code lA, Non-Instrumenl runway. The
alignment of the runwoy shall be 039"-219" true, giving a magnetic designfltkm for the
Runway o( OS/23.
The runway will provide ::J paved landing stll'facc fur fixed wing aircra£! in addition to
facilitating aircrnft ¡Iccess to and from the existing Bruce Enerb'Y O~otre Bnildillg apl'On via
¡I taxiway connccted to Runway 05123 approximately 500 metres northe¡o~t from the
intersection of Runway 13/31 along the proposed Runway OS/23 centreline.
The proposed runw;¡y nnd connecting luxiway (as identified above) will be lighted and
marked in accordance with the stamJards and recommended practices of TranspOlt Canadn.
Lighting for the connecting tmdway including the ¡Ipron/taxiway intersectioll lights will be
connecteú to the Kincardine Town and Township Airport lighting systcm and will be
activated as part of the airport ARCAl.. (Aircraft Radio Control of Acrodrome Lighting)
system.
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Aug. 17 '92 12:52 Receiued from
519 396 9446
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SCHEDULE 'C'
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PROJECT COST ESTIMATE
RECONSTRUCTiON OF RUNWAY OS/23 (660 melres)
KINCARDINE TOWN AND TOWNSHIP AIRPORT
~ " ±: ".. " ,.,., ·····.CF,,)Í jSi~:):">T:;:?;~~:f£::"¡ :', ',,: .
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, IIF'M NO. : ' :,CONSTRiJC nON COST i
UESCRIPTION ' , , ,
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PART 1.0 . Civil and ElectrIcal Works· Runway OS/23 (660 metres)
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1 Earth excavation including topsoil slrípping a;ld $14,400,00
stockpiling
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2 Sorrow . . $15,600.00
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a Granular'S' $65,000.00
4 Granular 'A' $40.300,00
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5 Hl4 Asphalt (ModHied) $8a,000.00
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6 Remove existing Subdrain Manllole and Roconnect $ßOO.OO
S ubelrain
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7 150 mm Polyelhylene Subclrain $20,700.00
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a 150 mm dia, CSP Subclrain outlets $1,000.00
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9 Subdrain Clean-outs $11,200.00
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, 10 600 nun dia. CSP Class 'A' Bedding $6,400.00
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11 800 rmn elia. CSP Type I Bedeling $4,000,00
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12 Rip Rap $600.00
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13 Place Topsoil $19,000,00'
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14 Seed and Mulch $19,000,00
15 line Þahlling $4,000,00
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16 Eleclrlcal, i.e. Lighting and Windcone $62.000.00
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PAnT 1.0 SUB-fOTAL $380,000.00
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Auq.17 '92 12:53 Rqcqived from
519 396 9446
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SCHEDULE 'C' (Conl'd)
PROJECT COST ESTIMATE
RECONSTflUCTION OF RUNWAY OS/23
KINCARDINE TOWN AND TOWNSHIP AIRPORT
f.I;~[~~r¡¡~£.1[4~j~"':
,";~",CT;.'d
" . 'htIMATEo~~j~rt!'
CONSTF'IiJCTlot~ êo$ft ..
w~·;'... ",',_,".. ..
1
2
PART 2.0· Professional ServIces and Construcllon Conllgencles
CivU and Geotechnical Engineering Servlcos
Construction Contlgency
$~O,OOO.OU
$70,000.00
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PART 2.0 - SUB-TOTAL
PROJECT TOTAL PART 1.0 + PART 2.0
$120,000.00
$500,000.00
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AOQ.17 '9212:53 Received from
519 396 9446