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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. "',-- _¥ /----, 7;çf-- ; ~ --~,¿.~;::- - -'-'\/:.-. :;-'--:' ~ :_~""::,,,j... :.:;::;- ¥ - t!~ ~ ¡'¡h.<>~ 6 REEVE - -. ~.:¿-..~- - -~ ~------¥-:;~~~;- , -.------- - - ./. 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. - ,~ - 2 - (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. ~. .;' - 3 - 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 ~ ~ ~ 1-+......... ~ Ree~ "~ry ,~C--~. Clerk /-' ~ 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-. ", '. r -:1> ,',~ . n.' f "I < , ,'\ 1 ' "'\. ~ r ~'. I':". l"t' /.~ f 1\,.~7 "",If" " , t ., <" '" (" : ' . ",' \ " ! ........ ... .". ~ - 2 - 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. '. , ..., ~~ ., ill I j " "1" ~ "I. (:: r. (, " , , , ',( 1', ,; (" ,j ~.. -. d ' , I r' .... Ii ,,'If 1':, ," " , ;...,.c\ ..., rOOJ r ' ." . ;,-..("'; ''I.~ . t , . ., . .'. , '.... (. f'" I , . ',' I ~ ; f'1: r,-~ ,J".'{ (" < ", I r-; ~. . n" ~.. '. I .'- Of,"~ ".i' ! .... ,~ . ~ ~ - 3 - 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. 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