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HomeMy WebLinkAboutBRU 97 024 agree winter mainten · -- THE CORPORATION OF THE TOWNSHIP OF BRUCE BY-LAW NO. 97-24 BEING A BY-LAW TO ENTER INTO A WINTER MAINTENANCE AGREEMENT WITH LOCAL MUNICIPAL ROAD AUTHORITIES FOR THE PROVISION OF SPECIFIC SERVICES ON STIPULATED ROAD SECTIONS. WHEREAS the Corporation of the Township of Bruce is in a position to make arrangements for specific road services to be performed on its roads under certain conditions; AND WHEREAS it is appropriate that such arrangements are conducted with fair and equitable remuneration; AND WHEREAS Sections 120 and 207(23) of the Municipal Act, R.S.O. 1990 and amendments thereto allow municipalities to enter into such agreements; NOW THEREFORE the Corporation of the Township of Bruce enacts as foIl ows: 1. That the Corporation of the Township of Bruce enter into an agreement with the Corporation of the County of Bruce road authority by use of an agreement in the form attached, as Schedule "A" hereto. 2. That upon the approval of the Council of the Corporation of the Township of Bruce, the Reeve and Clerk be authorized to sign this agreement on behalf of the Corporation. By-law introduced and read a First time this SIXTEENTH day of DECEMBER, 1997. By-law read a Second time this SIXTEENTH day of DECEMBER, 1997. By-law read a Third time and finally passed, signed, sealed, and numbered 97-24 this SIXTEENTH day of DECEMBER, 1997. /:)v)~ }¡,-wJ b", CLERK REEVE SEAL -..., ' "0 " scdiñúiE "A" TOWNSIßP OF BRUCE WINTER MAINTENANCE AGREEMENT PARTY OF THE FIRST PART and PARTY OF THE SECOND PART CORPORATION 01' THE CORPORATION 01' '!'HE COOll'l'Y 01' BROCE address TOWIISKIP 01' BROCE address ftLItBR'l'O.. OIlTUIO R.R.13. TIVBRTOII. OIlTUIO phone (519\ 881-2400 fax (519\ 881-1619 phone 1519\ 368-7066 fax 1519\ 368-5196 representative representative BRID DOS: LARRY VD WYCIt It is hereby agreed by both parties to exchange winter maintenance activities as follows: 1. Bruce Township Sideroad 25/26 The Second Party requests that the First Party undertake the plowing and sanding of a small section of Bruce Township's Sideroad 25/26. The Second Party recognizes and agrees that the First party shall conduct this work following winter maintenance work on. ·the adjacent Bruce County Roads. The Second Party recognizes and agrees with the applicable Winter Maintenance Level Of Service. The Second Party shall conduct the necessary patrolling, ice blading and snow blowing on this section of road. A value of $500 has been established for the entire winter seasons work. This value shall be offset by the County's purchase of winter sand and salt from the Bruce Township facility. The Second Party is responsible for the drainage maintenance of the road including the clearing of ditches, catch basins, and storm drains. The Second Party shall be responsible for the road surface maintenance including the repair of pot holes, cracks and depressions. 2. Supply of Winter Sand and Salt The Second Party agrees to permit the First Party to purchase winter sand and salt from the Bruce Township Municipal Yard. The First Party shall record the amount of material taken and shall submit to the Second Party this amount on December 31st, 1997 and the balance of the material used at the end of the winter season. The First Party shall reimburse the Second party to offset the value of winter maintenance activity under Item 1 at the following rates: winter Sand - $10.00 per cubic yard loaded winter Salt - $50.00 per cubic yard loaded. .,.--.í- 3. The legal description of the"'roadway subject to this agreement are as follows: Bruce Township Sideroad 25/26: Road allowance between Lots 25 and 26 for approximately 600 feet north of County Road 20 (Ontario Hydro Road). 4. Indemnification By 'this Agreement, the First Party indemnifies the Second Party and saves it harmless from all liability, all mann~r 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 it harmless from all liability, all manner of actions, causes of action, suits, claims, demands and costs whatsoever arising from any 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 other, provide evidence of coverage as provided for in this clause. The undersigned parties hereby agree to abide conditions for the winter ,season November 1, 1997 1998 or until notice to withdraw from this appropriately given by one party to the other. by the above to April 30th, agreement is signed and sealed this __ day of ,19_ . FOR THE PARTY OF THE FIRST PART FOR THE PARTY OF THE SECOND PART Signed Signed Highway Chairman Reeve Signed Signed County Engineer Clerk Date Date Scl-leclJle ....::..A:....- Thie Is Schedule . ... to By-Iew No. ~,. ~\¡ pQSsed thie II.+\" day c/1 1~Q, - Reeve Clerk