HomeMy WebLinkAboutBRU 84 015 Ont Hyd supplementar
CORPORA'fiOll OF '!'lIE 'I.'OWRSHIP OF BRUCE
BY-LAW RO. 84-15
BEING A BY-LAW to authorize the entering into an agreement between the Corporation
and Ontario Hydro for financial impact assistance, monitoring, land use and
road maintenance in the township.
NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts
as follows:
l~ That the Corporation do enter into an agreement known as Supplementary
Agreement #2 with Ontario Hydro which forms part of this by-law
and a copy of which is hereto attached.
2. That the Reeve and Clerk of the Corporation are hereby authorized
to execute the said agreement on behalf of the Corporation by their
signatures and the affixing of the Corporate Seal of the Corporation
thereto and to deliver the agreement so executed to Ontario Hydro,
provided that the Corporation shall receive back one counterpart
executed by the said Ontario Hydro.
By-law introduced and read a First time this ~¡TY-FIRST,day of AUGUST, 1984.
By-law read a Second time this TWENTY~FIRST day of AUGUST, 1984.
By-law read a Third time and finally passed, signed, sealed and numbered
84-15 this TWENTY-FIRST day of hUGUST, 1984.
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8ruce Nuclear Power Development
Supplementary Agreement '2
THIS AGREEMENT made in duplicate this 16th day of August, 1984 BETWEEN
ONTARIO HYDRO,
OF THE FIRST PART
- and -
THE CORPORATION OF THE
TOWNSHIP OF BRUCE.
hereinafter called The "Corporation"
OF THE SECOND PART
WHEREAS Ontario Hydro and the Corporation have entered into an agreement
(hereinafter referred to as "The Agreement") with respect to impacts
arising out of the construction of the Bruce Nuclear Power Development
(BNPD) on the Corporation, dated June 23, 1981; and
WHEREAS The Agreement provides for the entering into of supplementary
agreements as the need arises and is mutually agreed upon by the Liaison
Committee established in Section S(vi) of The Agreement; and
WHEREAS Ontario Hydro and the Corporation wish to ensure the safe
transport of BNPD employees and the safety of the travelling public
during severe winter storm conditions, and
WHEREAS Ontario Hydro and the Corporation are desirous of entering into a
supplementary agreement (hereinafter referred to as Supplementary
Agreement No.2) dealing with improvements to the Lot ElF Side road
between Concession X and the Bruce Township northern boundary; and
WHEREAS the Corporation on the 16th day of August 1984 passed By-law
84-ff authorizing the Corporation to enter into a supPlementarY agreement
for such purposes upon such terms and conditions and the execution Of
Supplementary Agreement No.2.
NOW THEREFORE THIS INDENTURE WITNESSETH that for the considerations
herein contained, the parties hereto covenant and agree as follows:
(1)
Definitions
(1) i)
For the purpose of this agreement, the following definitions
shall apply:
(a) "road" means the Lot ElF Sideroad between Concession X and
the Bruce Township northern boundary.
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(b) "improvements" means improving the grade, drainage,
culverts, surface width and surface to permit safe passage
during severe winter storm conditions.
(2) Specific Provisions
(2) 1)
Ontario Hydro and the Corporation agree that the road
improvements be carried out in accordance with the drawings and
specifications contained in Schedule A.
(2) ii) Ontario Hydro agrees to reimburse the Corporation for 80 percent
of the costs of the road improvements up to a maximum of
$162,080. All cost estimates and any cost sharing calculations
shall include expenditures for clearing already made by Bruce
Township. These expenditures totalled $17.24S.
(2)iii) The Corporation agrees to be responsible for tendering,
contractor selection, contract management and any other
activities associated with carrying out the improvements
required to meet the drawings and specifications contained in
Schedule A.
(2) iv) Ontario Hydro agrees to provide the staff required to monitor
gravel shipments and any other quantities to confirm the value
of work done. Ontario Hydro also agrees to provide staff for
engineering supervision, survey control, and approval of
materials supplied.
(2) v) The Corooration agrees to make the best possible effort to have
the improvements completed before the 1984/l98S winter season.
If all improvements cannot be completed before the 1984/1985
winter season, the Corporation agrees to carry out work in such
a way as to allow the road to remain passable and available for
use during winter storm emergencies.
(3) Other Provisions
(3) i) Supplementary Agreement No. 2 shall terminate' on June 30, 1985.
Ontario Hydro shall not be responsible for any direct costs
above the limit specified in Sections 2(ii) and 2(iii). Ontario
Hydro shall not be responsible for the cost of any road
improvements if such costs are incurred and are chargeable after
June 30, 1985.
(3) ii) The Corporation shall keeo proper books, accounts and records in
form and detail satisfactory to Ontario Hydro of all
transactions relevant to this agreement. Notwithstanding the
generality of the foregoing, such accounts and records shall
include invoices, receipts, cancelled cheques, vouchers,
employee time records relating thereto.
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All such books, accounts and records shall at all reasonable
times be open to audit and inspection by Ontario Hydro or its
authorized representative (who may make copies thereof and take
extracts therefrom) and the Corporation shall afford all proper
facilities for such audit and inspection and shall make
available to Ontario Hydro or its authorized representatives all
such aforesaid accounts and records. Such books, accounts and
records are to be preserved and kept available for audit and
inspection at any time until the expiration of two (2) years
from the termination of this agreement, or until the expiration
of such lesser period of time as shall be approved in writing bv
Ontario Hydro. Should any such audit or inspection disclose any
discrepancy, the parties mutually agree to appropriately adjust
such discrepancy forthwith.
The Corporation shall include a right to audit clause similar to
this paragraph in any contracts it may enter into as a result of
this agreement. Such audit right shall be extended to Ontario
Hydro or its designated representative.
(3)iii) The Corporation shall assume full liability and obligation for
any and all loss, damage or injury (including death) to persons
or property which may arise from the Corporation's performance
of this agreement, and the Corporation shall, at all times,
indemnify and save harmless Ontario Hydro from and against all
such loss, damage or injury and all actions, suits, proceedings,
costs, charges, damages, expenses, claims or demands arising
therefrom or connected therewith.
(3) iv) Supplementary Agreement No. 2 shall extend to, be binding upon,
and ensure to the benefit of the successors and assigns of the
parties hereto.
IN WITNESS WHEREOF Ontario Hydro and the Corporation have caused this
Supplementary Agreement to be executed by the affixing of their Coroorate
Seals attested by the signatures of their proper officers duly authorized
in that behalf.
ONTARIO HYDRO
Executive Vice-President
Secretary
THE CORPORATION OF THE
TOWNSHIP OF BRUCE
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Ree~ "~ry
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Clerk /-'
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Schedule A
Road Reconstruction Technical Specification
This specification has been prepared by Ontario Hydro together with Bruce
Township for the upgrading and reconstruction of two sections of the
Lot E/F Sideroad in Bruce Township from Concession 10 to 12 and
Concession 12 to the Saugeen Township Line, all as shown on the attached
drawings.
Clearing and Stumping
All trees and stumps are to be removed along the right of way to the
edge of the road allowance, as directed by the Township Road
Superintendent.
Culverts
Remove all culverts and replace as noted on the drawings. Used
culverts may be reused and lengthened provided they are in acceptable
condition.
Culverts are to be bedded in six inches of uncompacted sand or
granular -A-. Unsuitable subgrade material is to be replaced as
directed by the engineer. The top two-thirds of the culvert is to be
backfilled with granular -A- and compacted with suitable hand tamping
equipment to at least 95% standard proctor (ASTM D698-70-Method -C-).
Unless noted otherwise, all culverts are to have 2/10 of a foot
crossfall from east to west.
Access to existing laneways is to be maintained.
Ditching
Ditches are to be cut to the grades shown. Ditch Slopes are not to
be steeper than 2:1.
Fences disturbed due to ditch construction are to be replaced as
directed by the Road Superintendent.
Cut Sections of Roadway
Excavated material from roadbed cut sections is to be used in
adjacent fill sections, if the material is acceptable.
In clay or till sections, cut to 18 inches below finished grade and
replace with 12 inches of granular -B- (pit run) and 6- of granular
-A-.
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In granular sections, cut to 12 inches below finished grade and
replace with granular -A-.
Unsuitable material at the subgrade elevation is to be replaced prior
to application of granular fill.
Fill Sections of Roadway
Where the existing shoulder of the road will become part of the
travelled portion of the new road, organics are to be pushed to the
side (to be used in the new shoulder) if the finshed grade is less
than 18 inches above the existing grade. For fill sections greater
than 18 inches, backfilling is to be done on existing material.
Soft spots are to be repaired to the satisfaction of the engineer.
Where fill sections are less than 12 inches, qranular -A- is to be
used on the existing roadbed.
Where fill sections are greater than 12 inches, granular -R- is to be
placed up to six inches below finshed grade. This is to be covered
with six inches of granular -A-.
Finished Section of Roadway
The final section of roadway will be 28 feet wide, consistinq of 2-11
foot lanes and 2-3 foot shoulders and rounds. There shall be a two
percent crossfall from centreline.
compaction
A vibratory compactor (equivalent to a Dynapac CA-25) shall be used
to ensure proper compaction, as directed by the enqineer.
Materials
Granular -A- supply shall be in accordance with the attached hydro
specification.
Granular -8- (pit run) shall be in accordance with the attached hydro
specification. It shall be free of orqanics, clay and mud and not
have cobbles larger than six inches in diameter.
All sources of material must be acceptable to the engineer and Road
Superintendent.
Supply of both types of material is to be bid on the price per cubic
yard and per ton. copies of truck tickets are to be kept and
verified by the engineer.
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General
Engineering supervision and survey control as required to meet this
specification is to be by Ontario Hydro's engineer.
Direct supervision, the letting of all contracts for this jOb and
approval of material supply is to be by the Bruce Township Road
Superintendent.
Material supply is to be approved jointlY by Ontario Hydro's enqineer
and the Bruce Township Road Superintendent.
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