HomeMy WebLinkAboutBRU 80 013 Agree Ont Hydro
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CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 80-13
BEING a by-law to authorize the entering into an agreement between the
Corporation and Ontario Hydro for road improvements and maintenance in the
township for the years 1978, 1979, 1980 and 1981.
NOW THEREFORE the Council of the Corporation of the Township of Bruce enacts
as"fõllows:
1. That the Corporation do enter into an agreement with Ontario Hydro as
per Schedule "A" attached to and forming a part of this by-law.
2. That the Reeve and Clerk of the Corporation are hereby authorized to
execute the said agreement on behalf of the Corporation by affixing
their signatures thereto as well as the Corporate Seal of the
Corporation and to deliver the agreement so executed to Ontario Hydro
for execution, provided that the Corporation shall receive back one
counterpart executed by the said Ontario Hydro.
By-law introduced and read a First time this SIXTH day of AUGUST, 1980.
By-law read a Second time this SIXTH day of AUGUST, 1980.
By-law read a Third time and finally passed, signed, sealed and numbered
80-13 this SIXTH day of AUGUST, 1980.
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REEVE
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of
THIS AGREEMENT made in:duplicate this
, 1980.
pay
BET WEE N:
ONTARIO HYDRO
OF THE FIRST PART,
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THE CORPORATION OF THE
, TOtfNSHIP OF BRUCE,
hereinafter called "the Corporation"
OF THE SECOND PART,
WHEREAS improvements< to municipal roads known as All>ert
Street and Tiverton Side Road located near Ontario Hydro's Bruce
Nuclear'·Power Development are needed and the Corporation has re-,
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quested and Ontario Hydro has agreed to give financial assist-
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ance to the Corporation for -improvements subject to the terms
and conditions hereinafter appearing;
AND WHEREAS the Corporation on the
SIXTH
day of
AUGUST 1980, passed Bylaw No.
80-13 authorizing the
Corporation to enter into an agreement with Ontario Hydro for
such purpose and upon such terms and conditions, and the execution
of the agreement by the Corporation;
NOW THEREFORE THIS AGREEMENT WITNESSETH that, for the
considerations herein contained, the parties hereto covenent and
agree as follows:
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1.
be done:
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The Corporation shall cause the following Work to
(i) Repaving of Albert street from County Road
#15 to the 2nd concession (estimated by the Cor-
poration to cost approximately $50.000) involving
Hot Mix Paving to HL 3 specifications established
by the Ministry of Transportation and communica-
tions¡
(ii) The reconstruction and paving of the Tiverton
Side Road between Lots J and 1 from Concession 4 ;1
to Concession 2 (estimated by the Corporation to
cost approximately $154,000) to Ministry of Trans-
portation and Communications standards and having
a minimum of an 18" base with a 6" crushed gravel
topcoat followed with a 2" coat of Hot Þ',j,x paving
to HL 4 specifications followed with a l~" coat of
Hot Mix paving to HL 3 specifications;
(iii) Any minor necessary repairs of the Tiverton
Side Road from the 2nd Concession to the Municipal
limits of the Village of Tiverton but excluding the
portion of the road approximately 1,000 feet in
length which is owned one half by the Corporation
and one half by the Corporation of the Village of
Tiverton.
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2.
The corporation shall pcrmit the Corporation of the
village of Tivertorl when it repairs King street from Highway
21 to the Village Municipal limits to also repair the corpora-
tion's portion of the road, referred to in paragraph (iii) of
Section 1 above.
3.
The Corporation shall cause the work to be done in
1980 except that the l~" coat of Hot Mix Paving described in
paragraph (ii) of Section 1 shall be applied in 1981. The
corporation shall tender by public tender any part of the Work
not performed by itself and shall follow the usual tender pro-
cedures and shall not disclose to any tenderer that Ontario
Hydro is providing any financial assistance.
4.
The Corporation shall complete the repair and main-
tenance program already planned and supported by the Ministry
of Transportation and Communications for 1980. The financial
assistance provided for herein by Ontario Hydro is to supp1e-
ment the program and shall not be used or considered as the
Corporation's share of any sUbsidy/levy arrangement between the
corporation and the Ministry of Transportation and communication3.
5.
Subject to Section 6 below, Ontario Hydro will pay to
the corporation on completion of the Work to be performed in
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each of the years 1980 and 1981, and its acceptance by the
Corporation an amount hereinafter called the Cost of the
Work. For the purposes of this Section 5, Cost of the Work
means the total of the costs in paragraphs (i), (ii), (iii),
(iv) and (v) below, but does not include any other costs and
without limiting the generality does not include the costs in
paragraph (vi).
(i) Cost of engineering, materials, use of
Corporation machinery with operators;
(ii) Corporation's actual out-of-pocket ex-
penditures for contract payments to con-
tractors supplying machinery or materials;
(Hi) Costs as in (i) and (H) of $68,084.74 in-
curred by the Corporation in 1978 and 1979
in doing preparatory work including culverts,
land acquisition and pre-engineering for the
sections of the Tiverton Side Road described
in paragraphs (ii) and (iii) of Section 1;
(iv) Overhead charges amounting to 7% of the
total of the charges under (i), (ii), and (iii)
above for supervision, vehicle cost, admini-
stration costs and other similar costs;
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(v)
Actual interest costs incurred on monies borrowed
and utilized to finance the work;
(vi}' Any expenditures of the Corporation in performing
its obligations under Section 8 below.
6.
After tendering the work for Albert Street and the
Tiverton Side Road and if the cost of the work as in paragraph 5
(i), (ii) and (iv) will exceed the Corporation's estimates
totalling $204,000.00 then Ontario Hydro's liability under
Section 4 is limited to that amount unless the ,~itten approval
is given by Ontario Hydro's engineer and any such approval is
1i~ited to the amount so approved.
7.
The Corporation shall keep 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 accour~s and records
shall include invoices, receipts, cancelled cheques, vouchers,
employee time records relating thereto.
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 represent-
atives all such aforesaid accounts and records. Such books,
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accounts and records are to be preserved and kcpt 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 by ontario Hydro. Should any such audit or inspec-
tion 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 ex-
tended to ontario Hydro or its designated representative.
8.
The Corporation shall assume full liability and ob1i-
gation 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.
9.
This agreement shall extend to, be binding upon and
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enure to the benefit of the successors and assigns of the
partics hereto.
IN WITNESS WHEREOF Ontario Hydro and the Corporation
have caused this agreement to be executed by the affixing of
their Corporatc Seals attested by the signatures of their proper
officers duly authorized in that behalf.
ONTARIO HYDRO
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. LAW DIV.
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ONTARIO HYDRO
Executive Vice-President
Secretary
THE CORPORATION OF THE TOWNSHIP
OF BRUCE
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Reeve
Clerk
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ONTARIO HYDRO
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THE CORPORATION OF THE TO"D1SHIP
OF BRUCE
AGREEMENT
AG:25:06:80:FAW