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HomeMy WebLinkAboutTWP 75 14 Convay Municipal Drain (Ii .„ t' -\ 'it3 LS foll&we, oTLreayil to the D) Act 1 04',7L; , (1) That the report is hereby adopted e.nd the Drainage works as thee in tirlicatd and set forth are hereby authovAzed and shall be compreted in ancordance thers0.th, The amount assessed aganst all lands and roads, after being 14e- • duced by the grants available, shall become due an payable upon completion of the drain and shall be levied and collected in the same manner as other taxes are levied and collected and shall be subject to the same penalties and rates of interest, (3) This By-Law comes into force on the poising thereof and shall be cited as the K 2/7 197c5" Law / - READ A FIRST AND S" OND TINE THIS DAY OF / lerk Reeve 22RESALLMINI Notice is hereby given that the Court of Revision will be held at the Township Hall Arnow on the day of 19/g:' at the hour of to hear and consider any cofrlaint which may be made under the foregoing By-Law or any complaint in respect of any matter in the said By-Law over which the said council has jurisdiction „ Complaints must be in writing, and be in the hands of the clerk ten (10) full days before said meeting, 1111142x is hereby given that anyone intending to appeal to the Judge not only against the decision of the Court of Revision but also against the omission neglect or refusal of the Court of Revision to hear or decide an appeal, must serve notice upon the Clerk in writing. of his intention within six (6) weeks of the final passing of the By-Law, READ A THIRD TINE AND ENACTED THIS DAY OF 197t( /1 'lerk Ateve H; GIBSON WD,, 1291 Commissioners Rd,,W Cinsulting Engiffeers London, Ontario 929 Queen Street. Kincardine. Ontario. May 29, 1975 File No 51-16 The Reeve and Members, Municipal Council, Township of Kincardine Gentlemen: ME12,121PA In accordance with yourinstructions pursuant to a Petition signed. by Tom Convay, owner of Lot .2 and the W of Lot 3, Con. 9 and others com- prising the majority in number of the owners in an area requiring drainage I have made an examination and survey of the area and submit herewith report, plan, profile, specifications and assessments for a work to be be known as the Convay Municipal Drain, The existing private drain on Lots 1 to 7, Con, 9 consists of an 3,450 lineal feet of open drain from the East limit of Highway 21 to the Centre of Lot 3, the balance being a tile drain, It was found that the existing tile drain from Sta, 34+55 to Star 69+00 is in good repair, the balance of the tile drain is working at slightly reduced capacity as it has several breaks on Lot 6 I recommend& (1) A new closed drain be constructed parallel to the existing drain commencing at the West limit of Highway 21 and ending at the 6/7 lo lot line, (2) The existing tile drain on Lots 3, 4p 5, and 6 be assumed, incor.- porated and maintained as part of the drainage works, (3) Repair the existing tile as required, (4) Cross connect the existing and proposed drain at suitable locations, gPILUX_PrIaMa Culvert This oulert is situated in such a manner as to require that the in- stallation of the tile in this area be done with extreme are to avoid damaging the concrete culvert, The plan shows the location fo the work and the lands affected by it; the profile and specifications show the dimensions, grades, dieposal of material and other particulars of the work, Attention Is drawn to Section 55, subsections 1 and Section 57 of the Drainage Act regarding responsibilities of owners with respect to ob- structions, Should repairs, underpinning or other alterations be required for the Highway Bridge on Highway #21 I assess the cost thereof including any necessary expenses incidental thereto against the Ministry of Transpor- tation and Communications having control of said road, I determine the amounts to be paid in allowance to owners entitled there- to under Section 8 of the Drainage Act as follows& Damage to Ditch Land Lands&Crops Already Taken For f • any) Qonst Ditch I, Con, kvicEjaIl Owner S,o S0S 51 4)94R y hAsodYs .0,to 010 9 1 Duncan Conway 210,00 2 & W13 Tom Convay 315,00 El 3, 4, W '5 Donald McKenzie 4050 • 1,4300O0 E 5, 6 John A, Norman 330,00 630,00 $1 $770675,06 irikr= 1 dr'.et W%Oh ?ii ESTIMATE OF THE COST OF THE WORK IS AS FOLLOWS: 300 Cu. yds. of excavation including removal of brush, trees and boulders up to i cu, yd, and levelling of excavated material 350,00 2,203 lin, ft, of 12" dia #1 Field Tile 2,030,00 Dig, lay and backfill 2,645.00 2,300 lin ft, of 10" dia, #1 Field Tile 1 Dig, lay and backfill 2,300000 1,800 lin. ft, of 8" dia, #1 Field Tile 975,00 Dig, lay and backfill 1,440,00 2.060 lin, ft, of 6" dia. #1 Field Tile 785.00 Dig, lay and backfill 1,240.00 Work Of LaTiLJIEJL1622. 70 lin& ft© of 12" steel casing installed by boring and jacking 5p000,00 40 lin ft. of 8" dia. 16 ga, 0,M,P, 110,00 Installation o C,M,P, complete with granular base and backfill 250,00 20 lin, ft, of 15" dla. 16 ga. 00M.P. complete with rodent grate 90,00 Installation of C.M.P, complete with rip rap 150,00 5 Catchbasins Sta. 20+73934+55047+77,69+0098 1 Surveyp Plan and Report 2,800,00 Allowances under Section 8 and the D, A, 3 Clerks Fees 100,03 By-Laws 80.00 Supervision of Construction (by Engineer) 1,400,00 Contingencies & Commissioners Fees 725.00 TOTAL ESTIMATED COST 1 This sum of $28,580,00 I assess against the lands and roads affected according to the annexed Schedule of Assessment, Vihether or not the Ministry of Transportation and Communications elects to do the work on Highway #21 Stan .0+76 to Sta.. -0+15 it shall be assessed the actual cost of the work as a special assessment in addition to the Benefit and Outlet Assessments, After construction, the drains shall be maintained by the Municipality of the Township of Kincardine at the expense of all the lands and roads assessed herein and in the same relative proportion until said assess- ment shall be varied according to the provisions of the Drainage Aut, with the exception that the Special Asseasment shall not apply, . H, M. Gibson, P lig, 0, L. S. TOWNSHIP OF KINCARDINE _Q SCHEDULE OF ASSESSMENT - CONVAY MUNICIPAL DRAIN Q Iro eat No 1 -16 Approx. Mein Drain Acres Special Cron. Lot or ,art Affected Owner Benefit Outlet AAesame -* 9 1 20 Duncan Conway 3 9 OOO e 00 e 72 ., OO 2 W 3 45 Tom Conway 4 549,00 EA 3 4 WA 5 81 Donald McKenzie 6 1 Ei 5 15 John A, Norman 1 543,00 6 21 John A. Norman 2 759,00 7 16_ Angus MacArthur 240,00 693,00 8 2 Donald M. Craig 87.0Q Total Lands 17 4 Highway #21 M. T. C, 210.60 2 5 Con, Rd. 8/9 Twp; of Kincardine 231,00 Sideroad 5/6 Twp, of Kincardine 530.00 144.00 ...,. Total Roads 740030 399,00 5 TOTAL ASSESSMENT P 5239580.;00 11. GIBSON LTD C.;mmisPioners London, Ontari.n, SPECIFICATIONS I, EXTENT OF WORK: These specifications and the report, plan and profile of the same date apply to and govern the construction of: 400 lineal feet of OPEN Drain (300 CU, yds) 8,483 LiDeal feet of CLOSED Drain 5 Catohbasins • :tent of work; 'h$3 specifications and the report, plan and profil* of the sae date aply to and govern the construction of, 2. Instructions to bidders: Tenders will be received and contracts awarded, only in the form of a lump sum for the completion of the whole work in accordance with the plan, profile and specifications or of such portions as specified in the tender call. Each bidder shall file a sealed proposal and with it a certified cheque for a fm,- eural to ten percentum (1(V)) of the bid price, made payable to the municipality. If a person making such a pro- posal fails to enter into a contract pursuant to the requirements of the council within fourteen days of acceptance of proposal, the aforesaid cheque shell be forfeited to the municipality, n11 cert- ified cheques, except that of the bidder to whom the work is awar- ded will be returned within ten days after the contract is awarded. The certified cheque of the bidder to whom the work is awarded will be returned with the final payment on the work. The bidde's must examine for themselves the lfIns, :profiles and specifications, and te location of the nroi.oned work, and exercise their own judgement as to the extent of the work to be done, The contractor must assume all ricks of variance in any computation by whomsoever made, of statements of amounts or quantities necessary to compiOte the work required by contract. If any doubt exists in the mind of any person tendering as to the exact meaning of any portion of these sjecifications or this plan or profile, it must be removed before signing the contract agree- ment; theretter the contractor will be bound by the decision of the Engineer on all points. 3 - The contractor shall satisfy himself before the commence- ment of any part of the work, of the meaning of all stakes and marks, and any aparent errors which he may find shall be immediat- ely reported to the Engineer for correction before the work is comm- enced, Should the contractorattempt to correct the mistaket, he will be held liable to bring the work back to the proper grade. 4, Termination of Contract: Time shall be deemed the essence Of this contract. All work included in the contract must be concluded on or before the date fixed at the time of sale. The contractor further agrees that if at any time the Engineer shall be of the opinion and shall so certify in writing to the Municipal Council, that the said work or any part thereof is unnecessarily delayed or that the said contractor is violating any of the conditions of this contract, or is executing same in bad faith, or if the said work is not fully completed within the time named in the contract for its completion, the council shall have the power, within five days after receiving notice of the Engineer,to notify the said contractor. to discontinue all further work and terminate all future performance thereof by the contractor, but reserving all claims against the contractor for brea- ch of contract by written notice to be served upon the contractor, either personally, or at his residence, or by registered mail, or with his agent in charge of the work. Thereupon the contractor shall discontinue said work, and the council shall have the power to procure labour, tools, material and machinery, by contract or other- wise, and to complete work, and to charge the expence thereof, including other damages of every name and' nature, to the aforesaid contractor. The expence so charged be deducted by the council, out of any moneys as may then be due, or may at any time thereafter grow due, to the said contractor under Or by vertue of this agreement. In case IV such expense is less than the amount which would have been payable under the contract if the work had been completed by said contractor, he shall receive the difference, and in case such expenseshall exceed the sum, he shall pay the amount of such excess to the Municipality. 7 ), .t The ,-, 7;Oncr rrr ingi“D rinor changcs 1 n l" =1 E3 ,cor,rsf an ,:Pourt 1: roportiorlte amount con1;:line6 in the tender being added to or , educted Cron the contract price to cover such changes. ;:o change will be mele unless ordered by the engineer in writing. 6, L JUT': e: If the contractor should encounter any condition of fey sort which may not have been known to the lngineer were not provided for by these p1 ns end specificetions, and which would make necessary alterations to the plans and specifications in order that the work be corpleted in e satisfactory and workm-nlike manner, the contractor shnll immediately notify the :ngineer who will make th necessary alterations. .1tilure of the contractor to so notify the _naineer shall not relieve the contractor of the responsibility of fully completing the work and m intnining it for e period of one year afi er comiletion of construction. 7. UTILITI. C.:, :TO, The contractor shall, before performing any work affect- ing the lend or pro, crty of the :;eeertment of Highways, or any Railway, Telephone, or li Corn, ny or ,Iblic Utility, obtain at his expense any neceeeary permits. The contractor shall further agree to perform th work affecting such lands or pro;erty in accordance with the specificatie of such deperteent, compeny or utility, as though said specifications we: hereto attached. 8. DL3? LIeBILITY: The contractor shell pay ali losses, damages or claims received by the municipality and he shall protect and save harmle the municipality against any liability for any damages, accidents,casuali losses or claims directly or indirectly arising out of the contract, or manner of performance thereof by the contractor, his agents, employees and/or accidents to workmen, and/or public and/or property and shall furnish the municipality with proof of his insurance against all liabil- ities prior to obtaining the contract. The contractor shall be held liable for any expenses or damages occasion( by fences being left open or improperly closed, insufficient guarding at lighting or bad workmanship at places where a drain runs along or acre a road allowance or any negligence in carrying on the work. Any such expo or damages may be deducted by the Engineer from the amount of the contra( or may be recovered by the municipality from the contractor or his sureti 9. irogress payment in cash equal to about 80,; of the work done 91 materials incorporated in the work will be made to the contractor on the written certificate of the 12ngineer. An additional 17 ; will be paid 30 days after the final acceptance by the ligineet, and 3:; of the contract price may be reserved by the municipality for one year. after the comp] tion of the work, any part of this reserve may be used to make good, defects developed within thct time from faulty workmenship,mnteriels supplied by the contractor and loose beckfill, provided that written notice shall first be giben the contractor so that he may promptly make good such defects if he so desires. 10, PIN L IKSY:CTION: !I11 the work included in the contract must at the timE of completion and final inspection have the full dimensions and cross- sections, 2innl inspection will be made by the Engineer within 30 days after he has received notice in writing from the contractor that the work is completed or as soon thereafter as weather conditions permit, 11, STAKES: Stakes are det one hundred feet apart throughout the course of the work or as shown on the accom plan and profile. The contractor shall be held liable for the cost of replacing any stakes or bench marks destroyed during the course of construction end the drainage area shall be liable for the cost of replacing stakes or marks destroyed before commencement of construction. 12, LINE: The drain shall run in straight lines throughout each course , except that at intersections of courses, it shall run on a curve of at least 50 feet radius. The centre line of the present drain shall in general be the centre line of the finished work but the present courses shall be lined out and all sloping and widening necessary shall be done in such a manner as to make the finished work uniform. ee 13.PROFILE: The drain is to be excavated to regular grade line as shown on the profile. These grade lines ere governed entireley by the bench marks ane show the bottom of the finished drnin. In the case of tile drains the grade line is that of the inner side of the invert. The pro- file shows for the convenience of the contractor end others, the epprox- imete depths from the surfece of the ground -t the points where the numbered stnkes are set • nd from the nvernee bottom of the present drain as taken at the time of survey but the bench must govern. The depths are indicated on the profile in feet anti tenths of feet. 14.:XO ILTIGE: Both sides of nn open drein nre to be slated one foot horiz- ontelly to one foot vertionlly, or -s otherwise shown or the necomiw1Y- inP k rofile, 4-he drain WI 11 h.+ve the full sfecified bottom width nt the grede line. V N'TeTel'L: e cleer berm or merein of - t le six Feet shall be left between the top edge of t'e ditch end tl 9,011 benk. ro exoavnted m Aerial is to be left in ny ditehes, derressions, furrows, or tiles inteneed to cinduet w ter into t'r o,en dr In no c-se sh'il the side of the soil benk ne rrst t' e ditch hve a greeter than one and one half to one. :eeceveted mterini shall in rrener be pl-;ced on the lower sin'e of t'4 dr in or on the side o posits trees • feneen. The spoilshell be deposited, spread and levellee so that the land on which it lies may be cultiveted with «lj cent lnnds by use of ordinnry form m tchinery. This shell me .e tee s.re dirir of m teri 1 to e meximum depth of 12 inches. If the contr:ctor obtnins a statement in writing signed by the owners of lend :ffeted, teet he does not wish the spoil to be leveled, the engineer may eel° )e the contrector from oblieetion in this rertrd. Disposel of the meter' 1 shell be to the setisfection of the engineer, or the commissioner el:pointed to be in charge of the work. 16.RO ,De: ,here a drain is removed from the rand ellove nee, the new channel shell be eonstructed entirely An form lends and the excavated material shall be placed In the abandoned chennel. excess mlterill, if any, not required for such filling, shell be placed en the edjOining farm lands. On rod allow noes, diopoe 1 of excavated motariat baokfilling, instelletion of culverts and clteh basing, and all other work shall be e erformed as directed by the suierintendent in ch r-e of the road concerned and to his satisfaction. ny corrugated metal pi culverts laid under the travelled portion of any road allowance shall be 1 id on six inches of pit run gravel and shall be bnckfilled to the rod surface with pit run gravel. Any preyed road surface shell be restored with aesimiliar paving material to the satisfaction of the road authority heaving jurisdiction. 17.CL-2R11:0:3rueh, timber, logs, stumps or stones, or any other obstructions in the course of the work, and any brush along the banks thereof shall be removed to a sufficient distance to be clear of the excavated material, or to the width as shown on the prpfo;e6 ro brush or trees are to be left inside the slopes of the ("rein whether they come within the limits of the excavation or not. Brush removed from the drain end banks thereof shall bepiled to the satisfaction of the ,engineer. Contractors will be permitted to cut standing timber :lone the banks or the drain to the extent that may in the opinion of the :ngineer be reasonably necessary for the o of the exceveting equiiment. Timber necessarily cut by the contractor shall be left on the property where found for the use or disposal of the oWner. 18.2 The contractor will be permitted to remove fences to the extent necessary to enable him to excavate the drain and dispose of the material. -ny such fence must be handled carefully so as to cause no unnecessary damage, and shell be replaced by the contractor in as good a condition as found so far as material permits. Fences shall be properly stretched and fastened. Replacing of the fence shell be to the satisfaction of the - engineer, or the commissioner appointed to be in charge of the work. Alen authorized by the ::ngineer, the contractor shall supply new materials to repair a fence, the cost of such materiel beung an additional expense to the drainage area 19 Excavations at tie Bridge sites: The contractor shall be required to excavate the drain to full depths and as near as possible to the full widths and slopes at the sites of all bridges. Temporary bridges may be removed for this purpose and the material left at the side of the drain for the subsquent use of the owner in rebuilding. Bridges of a perm nent character are not to be necessarily disturbed, the excavation at these bridges being made, if necessary, by hand, tractor or other suitable means. 20 Bridges: All, bridges hereafter constructed or reconstructed, in order not to be regarded as obstructions, shall have openings of clear width equal to twice the specified bottom width of the drain. 21 Alowances for damages: The damages for which allowances are made, damages for land on which the excavation is actually made and those on which excavated material, timber, brush and or other obstructions may be deposited. 22 TIE& and Laying: All tile shall be sound and of first quality and shall be laid carefully on a smooth bottom with joints fitting tightly, The grade shall be made by using a crosshead boning rod together with horizontal sight bars at stakes above and below the point where the tile is being laid. 23 Trbutary outlets: The contractor shall guard against damaging outlets of tributary drains, and he shall afford opportunity to the owners to connect tributary drains to the main tile as the work progresses and shall notify the owners when tributary drains are encountered. 24 Main Outlets: Any main award or municipal drain encountered shall be connected to this drain constructed under these specifications. Any existing tile drains which have an outlet in the upstream :end of this drain or of an old drain which may be replaced by this drain, shall be connected to this drain. These connections shall be made by the contractor. 25 Pilling: As the laying of the tile progresses, partial filling is to be made at the sides sufficient to hold the tile in place. After the work is inspected by the Engineer or the Commissioner in charge of the work, the remainder of the excevated material shall be used to restore and maintain the natural surface of the ground. 26 Protection: The protection at the outlet of the tile drain shall# be a length of corrugated metal pipe fitted with a rodent proof grate. The grate shall be hinged at the top to permit the exit of foreign material from the tile. The pipe shall be protected with hand pieced riprap in a manner satisfactory to the Engineer. Where heavey flow is likely to occur the riprap shall be extended up the sides to prevent the water cutting around the protection. 27 Catch Basins: :Shall be constructed in accordance with the standard plans provided. If there are no existing drains to be connected to the catch basin at the top end of the drain, a lugged tile shall be placed in the upstream wall with the same diameter and elevation as the outlet tile. ‘,here a catch basin is on a road allowance the '# contractor shall obtain from the road superintendant approval of the locetion of the c'tch basin, the grate to be used and the elevation at which the top shall be set. All tile entering the catch basin shall be tightly cemented into the wall. 28 Unstable soil: If during construction of the drain, quick sand, fine send, silt or other unstable soil conditions are encountered the 28 cont0 contractor shall immediately notify the engineer or the commissioner in charge of the work. The basis of payment for extra work shall be set by the engineer 29 Excess Tile: If the tile are supplied by the municipality at the completion of the job, the contractor shall stock pile all excess tile in one readily accessable location for pickup by the Municipality. 50 Livestock: It shall be the responsibilty of the owner to keep his livestock clear of the construction area Loss or damage to livestock in the construction area shall not be the responsibility or liability of the contractor except through neglegence or carelessness on the part of the contractor or his agents. 31 Trench Width: The minimum width of the trench shall be not less than the outside diameter of the drain tile plus six (6) inches except where authorised in writing by the engineer. 3. Rodent Grates: Rodent grates shall be an integral part of the corrugated metal culvert at the outlet. These grates shall be equivalent to that manufactured by Ontario Metal Products LTD. 180 Clumbia St. Waterloo, Ontario. IN ADDITION, • The existing tile drain ta, 34+55 - 69+00 shall be located prior to construction by the contractor so that it may be avoided, Dross Connections The existing and new drain shall be cross connected at Sta, 34+55p 47+77 and 69+00, Isateral Tile All lateral tile encountered or severed shall be connected to the new drain, The owners shall be responsible for locating the lateral tiles long the open portion of the existing drain, The cost of all connect- ions shall be an extra to the contract, The existing open ditch shall be backfilled sufficiently that it may be crossed by ordinary farm machinery, g2AX4Y__9_11 Any additional work required to by-pass this culvert shall be borne as an extra to the contract, SPECIFICATIOVS FOR AVX/CIVAL DRATYS CROSSIAO TfteiaLLR Thw Township will sUPPly no labour, equipment or material for the construction of the road crossing with the sole exception of *itching an existing asphalt surfaeep 2e The excavated material removed from the travelled portion or the road and four feet (4) or the full width of the gravelled shoulder whichever is greater, on each side of the travelled portion, in accordance with Standard Drawing No, 1 dated February 1 1968 shall be removed, Excavated material may be spread on the righteefeway with convent of the Township Road Superintendent 3,, The granular backfill material for the excavation on the travelled portion and four feet (4P) or the full shoulder width, on either side shall be acceptable to the Township Road Superintendenth 4 The Township will place the asphalt patch over the excavation 5 The excavated material from the trench beyond a point four feet (49 from the travelled portion, or beyond the outside edge of the gravel shoulder, may be replaced in the trench it the case of covered drains, This material should be compacted by hand tamping in layers not exceeding 24 inches:, The finished work shall be left in clean and orderly mar nere flush with or slightly higher than the adjacent ground° 6 The location on the right-efeway and the elevation of the top of catehbasina inlets, And junction boxes on the rightetf-way Shall be as required by the Township Road Superintendent, 7, The Contractor shall give the Township Road Superintendent at least to days (2). notice before he commences any work on the right-ofaway of any Townehip Read, 8e If at all possible, the Contaadtor shall keep the road open to traffic at all times„ The Contractor shall provide suitable warning signs and/or flagmen to the satisfaction of the Town- ship Road Superintendent to notify the motorists of work on the road ahead, If it is necessary to close the road to through traffic, the Contractor shall provide for and adequately sign the detour road route H, M„ Gibson Ltd, Consulting Engineem. ; eer