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HomeMy WebLinkAboutBRU 80 013 Agree Ont Hydro '- - ~ 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. ,- ......;...;.,,;,.. -'- ~":'';'';- ~. .... :'>.: rJ:!L--" ~~~~ REEVE - ..;. ->- ...; .:: SEÂí. - - · ~ .v- .... ~- of THIS AGREEMENT made in:duplicate this , 1980. pay BET WEE N: ONTARIO HYDRO OF THE FIRST PART, __ and - 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-, < - / quested and Ontario Hydro has agreed to give financial assist- \ - -- 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: :..~ '- ./ , /,'/". ..r I 1. be done: -- 2 - 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. ¡>j r. . " ,yr -" þ '- - 3 - 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 1.,,/- v,. -~- "" .~ ,.. ~. ., 4 - 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; .....-. -"j ., .: ., .... . - 5 - (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, -- .1 ~ ¥ -' w 'y - 6 - 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 :'Y .'1' :11 >i - - - 7 - 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 i,~:!.,19a~ %4.A-~ . LAW DIV. . ..__ __ __19___ ............. ..... ____19'__ .............. ........ ,19,.. .............. ONTARIO HYDRO Executive Vice-President Secretary THE CORPORATION OF THE TOWNSHIP OF BRUCE ffl \ 5f: r- ~ µ 'ñ--.c~ _)-~ Reeve Clerk cfPL .' . LU 'ti '" --- . ONTARIO HYDRO - and - THE CORPORATION OF THE TO"D1SHIP OF BRUCE AGREEMENT AG:25:06:80:FAW