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Home My WebLink About12 138 County of Bruce Winter Maintenance Agreement By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE K KB7 y . ih CUi ti, BY -LAW NO. 2012 -138 BEING A BY -LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE AND THE CORPORATION OF THE COUNT OF BRUCE FOR PROVISION OF WINTER MAINTENANCE AND WHEREAS Section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that lower -tier municipalities may pass by -laws within the • sphere of jurisdiction of highways, including parking and traffic on highways; WHEREAS pursuant to the Municipal Act, S.O. 2001, c. 25, as amended, Sections 8 (1) and 9 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 that a municipality 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 with the passage of By -law No. 2009 -173, the Council of The Corporation of the Municipality of Kincardine entered into an agreement with The Corporation of the County of Bruce for provisions of winter maintenance for a term of three (3) years; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to enter into an agreement with The Corporation of the • County of Bruce for the continued provision of winter maintenance; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That The Corporation of the Municipality of Kincardine enter into an agreement with The Corporation of the County of Bruce for the provision of winter maintenance of portions of Bruce Road 23 and Bruce Road 15 in conjunction with the emergency access route to the Bruce Power site. 2. That this agreement be for a term of three (3) winter seasons as outlined in the attached agreement. 3. That the Mayor and Chief Administrative Officer be authorized to execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement with The Corporation of the County of Bruce, attached hereto as Schedule 'A' and any renewals. • .../2 Page 2 County of Bruce Winter Maintenance Agreement By -law By -law No. 2012 - 138 • 4. This by -law shall come into full force and effect upon its final passage. 5. This by -law may be cited as the "County of Bruce Winter Maintenance Agreement By- law ". READ a FIRST and SECOND TIME this 21 day of November, 2012 I e • • v tea- tiros Q ayor ClerkQ READ - T HIRD TIME and FINALLY PASSED this 21 day of November, 2012. <-- q1 vor Clerk 4 _ • • SCHEDULE "A" Bruce County By -law No. 4299 Municipality of Kincardine By -Law No. -1311 MUNICIPAUTY OF KINCARDINE WINTER MAINTENANCE AGREEMENT 2012/2013, 2013/2014 and 2014/2015 PARTY OF THE FIRST PART and PARTY OF THE SECOND PART CORPORATION OF THE CORPORATION OF THE COUNTY OF BRUCE MUNICIPALITY OF KINCARDINE WALKERTON, ONTARIO phone (519) 881 -2400 phone (519) 396 -3468 fax (519) 507 -3030 fax (519) 396 - 8288 Representative Representative BRIAN KNOX GAGAN SANDHU It is hereby agreed by both parties that a Kincardine policy has been adopted for Emergency Access to Bruce Power during conditions of severe weather when Highway #21 between Kincardine and Port Elgin has been closed and when Bruce County Road #23 between Kincardine and Bruce County Road #15 has been closed and the Emergency Access Route is in use: 1. Operating Logistics of the Emergency Access Route: The Municipality of Kincardine has prepared and approved a 'Policy for Emergency Access to the Bruce Nuclear Power Development', attached hereto as appendix 'A'. This policy has been reviewed and accepted by the Highways Department on behalf of the County of Bruce. This policy establishes the operating logistics of the Emergency Access Route. This policy outlines circumstances where the municipality may be undertaking winter maintenance work on County Roads. 2. It is the objective of this agreement to facilitate the Second Party to undertake the plowing /sanding of portions of Bruce Road 23 and Bruce Road 15 in conjunction with the emergency access route to the Bruce Power site. 3. Re- imbursement: Both Parties agree that no funds shall be exchanged. 4. Indemnification By this Agreement, the First Party indemnifies the Second Party and saves them harmless from all liability, all manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from any actions of the First Party, its personnel, employees, representatives or agents, done in pursuance of this Agreement. By this Agreement, the Second Party indemnifies the First Party and saves them harmless from all liability, all manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from an actions of the Second Party, its personnel, employees, representatives or agents, done in pursuance of this Agreement. 5. Insurance Each party to this Agreement covenants and agrees to maintain comprehensive Municipal Liability Insurance, with limits of at least $10,000,000 inclusive per occurrence, protecting against liability arising from acts done in pursuance of this Agreement. Each of the parties shall, at the request of the others, provide evidence of coverage as provided for in this clause. The undersigned parties hereby agree to abide by the above conditions for the winter seasons of November 1, 2012 to April 30, 2013, November 1, 2013 to April 30, 2014 and November 1, 2014 to April 30, 2015 or until notice to withdraw from this agreement is appropriately given by one party to the other. Signed and sealed this list day of tiooemIoer , 2012. FOR THE PARTY OF THE F - ST PART FOR I PA; + ' THE ' COND PART . tA , ; 1011' t liar' Departmen Council or signature / Mayor sig 6 re - Bill Goetz Lar r • e - (please print) (ple: - • r j \fir County ngineer signature Ditirkutignetrom CAO signature Brian Knox MLttray Clarke (please print) (please print) / �/)7fPiYrwl6la ". �Ol a Nootim O r a l aot2� Da Date PAN/inter Maintenance1AgreementsV (incardine\2012- 20151ag reement.doc 1 POLICY POLICY NO.: TP.3.1 SECTION: TRANSPORTATION - TRAFFIC CONTROL TITLE /SUBJECT: EMERGENCY ACCESS TO THE BRUCE NUCLEAR POWER DEVELOPMENT ADOPTED DATE: January 16, 2008 REVISION DATE: Objective: To open the Upper Lorne Beach Road emergency access gate (see map attached), upon special request from Bruce Power, to allow buses and /or emergency vehicles to transport essential staff, during road closures. Operating Logistics: 1. When the decision has been made by the OPP to close Bruce County Road #23, the County shall notify the Ward 1 Foreman, by calling the Municipality's Answering Service at 519 - 396 -1511. 2. The Ward 1 Foreman shall immediately notify the Wards 2 and 3 Foremen that the road has been closed. 3. (a) The Ward 1 Foreman shall ensure that the sign at location two (see attached map) is in place and flashers have been installed. (b) The County of Bruce shall ensure that the road closed sign is in place at Location No. 1(see attached map). 4. The Ward 2 Foreman shall ensure that the Emergency Access Road from Golf Links Road to the north end of Victoria Street at County Road 15 is plowed and sanded between the hours of 0600 hours and 1600 hours during the duration of the "event ". 5. During the hours of 0600 hours and 2000 hours, the gate for the Emergency Access Road shall be opened by the Municipality upon special request from Bruce Power to allow their buses and /or emergency vehicles to transfer staff. The Municipality requires two hours advance notice. Bruce Power contacts the Municipality at 519- 396 -1511, and the OPP at 1- 888 - 310 -1122 requesting to speak with the South Bruce Detachment, Kincardine. The gate openings shall be limited to very short durations and supervised by the OPP, as staffing permits. 6. An `event" ceases when the OPP have declared Bruce County Road #23 open to traffic. 2 7. The Public Works Manager shall be the key contact for this policy and he /she shall have the authority to make emergency decisions in regard to the use of this policy. Location of Upper Lorne Beach Emergency Access Road '', C. C[c.R)■ z 3 5 Se e 9 ; r�NST + I {BRUCE RDA /!,� -{ I I Ni t � N i • D I ii s GATE 4 D — 5 1}. Vec n } Y i k CDNCLSSID til L 1 ., CR li R Vi Mae ...I : + L RD W N RD 3 Location of Signs Location No.1 CR 23 Lome Beach Rd. ROAD CLOSED Location No. 2 ROAD CLOSED AHEAD AT LORNE BEACH ROAD NO HEAVY TRUCKS MacCasldll Rd. ❑ 0 c CD M County of Bruce Highways Department brucecounty.on.ca 30 Park Street, P.O. Box 398, Walkerton, ON NOG 2V0 (519) 881 -2400 1- 877 - 681 -1291 Fax (519)507 -3030 Brian R. Knox, County Engineer BRUCE File Winter Maintenance 2015 -2018 county September 29, 2016 Municipality of Kincardine 1475 Conc. 5 R.R. #5 Kincardine, ON N2Z 2X6 Attention: Adam Weishar Re: 2015 — 2018 Winter Season Maintenance Agreement Please find enclosed a fully executed 3 -year Winter Maintenance Agreement between the Municipality of Kincardine and the County of Bruce Highways Department. This Agreement is for the winter seasons November 1, 2015 to April 30, 2016, November 1, 2016 to April 30, 2017 and November 1, 2017 to April 30, 2018 or until notice to withdraw from this agreement is appropriately given by one party to the other. We appreciate your cooperation in this matter. Yours truly, 6, CBilan Knox County Engineer /ct Encls. c. Murray Clarke, Kincardine CAO P: \Winter Maintenance \Agreements \Kincardine\2015 - 2018 \Sept 29.16.docx SCHEDULE "A" Bruce County By -law No. 4299 Municipality of Kincardine By -Law No.2012 -138 MUNICIPALITY OF KINCARDINE WINTER MAINTENANCE AGREEMENT For Winter Seasons 2015/2016, 2016/2017, and 2017/2018 PARTY OF THE FIRST PART and PARTY OF THE SECOND PART CORPORATION OF THE CORPORATION OF THE COUNTY OF BRUCE MUNICIPALITY OF KINCARDINE WALKERTON, ONTARIO phone (519) 881 -2400 phone (519) 396 -3468 fax (519) 507 -3030 fax (519) 396 - 8288 Representative Representative BRIAN KNOX ADAM WEISHAR It is hereby agreed by both parties that a Kincardine policy has been adopted for Emergency Access to Bruce Power during conditions of severe weather when Highway #21 between Kincardine and Port Elgin has been closed and when Bruce County Road #23 between Kincardine and Bruce County Road #15 has been closed and the Emergency Access Route is in use: 1. Operating Logistics of the Emergency Access Route: The Municipality of Kincardine has prepared and approved a `Policy for Emergency Access to the Bruce Nuclear Power Development', attached hereto as appendix 'A'. This policy has been reviewed and accepted by the Highways Department on behalf of the County of Bruce. This policy establishes the operating logistics of the Emergency Access Route. This policy outlines circumstances where the municipality may be undertaking winter maintenance work on County Roads. 2. It is the objective of this agreement to facilitate the Second Party to undertake the plowing /sanding of portions of Bruce Road 23 and Bruce Road 15 in conjunction with the emergency access route to the Bruce Power site. 3. Re- imbursement: Both Parties agree that no funds shall be exchanged. 4. Indemnification By this Agreement, the First Party indemnifies the Second Party and saves them harmless from all liability, all manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from any actions of the First Party, its personnel, employees, representatives or agents, done in pursuance of this Agreement. By this Agreement, the Second Party indemnifies the First Party and saves them harmless from all liability, all manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from an actions of the Second Party, its personnel, employees, representatives or agents, done in pursuance of this Agreement. 5. Insurance Each party to this Agreement covenants and agrees to maintain comprehensive Municipal Liability Insurance, with limits of at least $10,000,000 inclusive per occurrence, protecting against liability arising from acts done in pursuance of this Agreement. Each of the parties shall, at the request of the others, provide evidence of coverage as provided for in this clause. The undersigned parties hereby agree to abide by the above conditions for the winter seasons of November 1, 2015 to April 30, 2016, November 1, 2016 to April 30, 2017 and November 1, 2017 to April 30, 2018 or until notice to withdraw from this agreement is appropriately given by one party to the other. Signed and sealed this a3 day of SOp Eem b 4&t_ , 2016. FO THE P A RTY OF THE FIRST PART FOR THE PARTY OF THE SECOND PART Atke Department Cincillor signature Mayor signature Paul Eagleson Anne Eadie (please print) (please print) al==% 1. /f__,CA ' \41^ , C(9._ County Engineer signature CAO signature Brian Knox Murray Clarke (please print) (please print) �Q T - ( , U /lam - 0- QXr1a.eY Q-3 aO I b Date ' Date 1 of 3 POLICY POLICY NO.: TP.3.1 SECTION: TRANSPORTATION - TRAFFIC CONTROL TITLE /SUBJECT: EMERGENCY ACCESS TO THE BRUCE NUCLEAR POWER DEVELOPMENT ADOPTED DATE: January 16, 2008 REVISION DATE: November 2, 2015 Objective: To open the Upper Lorne Beach Road emergency access gate (see map attached), upon special request from Bruce Power, to allow buses and /or emergency vehicles to transport essential staff, during road closures. Operating Logistics: 1. When the decision has been made by the OPP to close Bruce County Road #23, the County shall notify the Manager of Operations by calling the Municipality's Answering Service at 519 - 396 -1511 or by calling the Manager of Operations directly. 2. The Manager of Operations shall notify the three Forepersons that the road has been closed. 3. (a) The Municipality of Kincardine or the County of Bruce shall ensure that the sign at location two (see attached map) is in place and flashers have been installed. (b) The Municipality of Kincardine or the County of Bruce shall ensure that the road closed sign is in place at Location No. 1(see attached map). 4. The Ward 2 Foreperson shall ensure that the Emergency Access Road from Golf Links Road to the north end of Victoria Street at County Road 15 is plowed and sanded between the hours of 0600 hours and 1600 hours during the duration of the "event ". 5. During the hours of 0600 hours and 2000 hours, the gate for the Emergency Access Road shall be opened by the Municipality upon special request from Bruce Power to allow their buses and /or emergency vehicles to transfer staff. The Municipality requires two hours advance notice. Bruce Power contacts the Municipality at 519- 396 -1511, and the OPP at 1- 888 - 310 -1122 requesting to speak with the South Bruce Detachment, Kincardine. The gate openings shall be limited to very short durations and supervised by the OPP, as staffing permits. 2 of 3 6. An "event" ceases when the OPP have declared Bruce County Road #23 open to traffic. 7. The Director of Public Works or the Manager of Operations shall be the key contact for this policy and he /she shall have the authority to make emergency decisions in regard to the use of this policy. Location of Upper Lorne Beach Emergency Access Road clssio! z a �• N St agni 1141111CL !OA mi A + , d ■ 41 M :I x 0 ( i E t s GATE D k �• h } i l '5 E L5 tit E CON'CCSSID, Na It F' NO /41 3 of 3 Location of Signs Location No .1 CR 23 Lome Beach Rd. ROAD CLOSED Location No. 2 I S AHEAD AT LORNE ROAD BEA ED ROAD NO HEAVY TRUCKS MacCasldll Rd. 0 A c m m m • 1 of 3 POLICY POLICY NO.: TP.3.1 SECTION: TRANSPORTATION - TRAFFIC CONTROL TITLE/SUBJECT: EMERGENCY ACCESS TO THE BRUCE NUCLEAR POWER DEVELOPMENT ADOPTED DATE: January 16, 2008 REVISION DATE: November 2, 2015 January 25, 2017 (Resolution #01/25/17-04) Objective: To open the Upper Lorne Beach Road emergency access gate (see map attached), upon special request from Bruce Power, to allow buses and/or emergency vehicles to transport essential staff, during road closures. Operating Logistics: 1. When the decision has been made by the OPP to close Bruce County Road #23, the County shall notify the Roads Supervisor by calling the Municipality's Answering Service at 519-396-1511 or by calling the Roads Supervisor directly. 2. The Roads Supervisor shall notify the three Forepersons that the road has been closed. 3. (a) The Municipality of Kincardine or the County of Bruce shall ensure that the sign at location two (see attached map) is in place and flashers have been installed. (b) The Municipality of Kincardine or the County of Bruce shall ensure that the road closed sign is in place at Location No. 1(see attached map). 4. The Ward 2 Foreperson shall ensure that the Emergency Access Road from Golf Links Road to the north end of Victoria Street at County Road 15 is plowed and sanded between the hours of 0600 hours and 1600 hours during the duration of the "event". 5. During the hours of 0600 hours and 2000 hours, the gate for the Emergency Access Road shall be opened by the Municipality upon special request from Bruce Power to allow their buses and/or emergency vehicles to transfer staff. The Municipality requires two hours advance notice. Bruce Power contacts the Municipality at 519- 396-1511, and the OPP at 1-888-310-1122 requesting to speak with the South Bruce Detachment, Kincardine. The gate openings shall be limited to very short durations and supervised by the OPP, as staffing permits. 2 of 3 6. An "event" ceases when the OPP have declared Bruce County Road #23 open to traffic. 7. The Director of Public Works or the Roads Supervisor shall be the key contact for this policy and he/she shall have the authority to make emergency decisions in regard to the use of this policy. Location of Upper Lorne Beach Emergency Access Road GCS=..2 O 5 s eL d j �• NST {NNOCL ROA- 1sy I 41 1 41w N (1_17_ GATE L— + p Y t � L CONCL55rO ,4 1 'L L L 1 c ea N Cac L No W ■O 3 of 3 Location of Signs Location No. 1 CR 23 Lorne Beach Rd. r" ROAD CLOSED Location No.2 I SED AHEAD AT LORNEROAD BEACH ROAD NO HEAVY TRUCKS MacCaskill Rd. ❑ 0 c cc