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HomeMy WebLinkAboutTWP 77 007 Approve klunder drai e.f . . . . -!'""' -"'! . REAS the Council of the Township of KinOàrdine is of the opinion hat drainage of the area described is desirable: HEREFORE the Council of the Corp6ration of the Township èf Kincariine nacts as follows, pursuant to the DrAi~~ge Act 1972: (1) That the report is hereby adopted and the Drainage works as therein indicate~ and set forth are hereb~ authorized and shall be completed in accordarce therewith. (2) The amount assessed against all lands and roads, after being reduced by the grants available, sh81l become due and payable upon completion of the drain and shall be levied and collected in the same manner as other taxes are levied and collected and shall be subject to the same ~enalties and rates of interest. This By-Law com~~J:tce,,2~ pasSingL.~~!Of and shall be cited as the" -- hVVr·· -~977 By-I,aw 1.'1-&/ ~ DAY 0' ~ 19)7 dLL...J v (3) READ A FIRST AfD SECOND TIME THIS ~çL,ÆP ~A//!» dl..~ Reeve COURT OF REVISION Notice is hereby given that the Cour~of Revision will be held at the Township Hall, Axmow, on the jb.~ day of ~1912' ·at the hour of 9: DðP.A1 to hear and c'õñã'I(Ier any comp n whIë1i may .be made undêr the í'oregoing By-Law or any complai t in respect of any matter in the said By-Law over which the said council has jurisdiction, Complaints must be in writing, and be in the hands of the Clerk ten (10) full days before said meeting. Further Notice is hereby given that anyone intending to appeal to the Judge, not only against the decision of the Court of Revision but also against the omission, neglect or refusal of the Court of Revision to hear or decide an appeal, must serve notice upon the Clerk in writing, of his intention within six (6) weeks of the final passing of the By-Law. d READ A THIRD TIME .AND ENACTED THIS çj'¿7 DAY OF h?7 1977 air, ~¡ I Reeve ~ (ap",~~ /-?7}{/NZ0 f···· . ./- .-) , . , . . / · . " :,J H. M. GIBSON LTD. 1291. CoJlllll1ssioners Rd., W C~D8ulting Engineers London, Ontario Maroh 21, 1977 . File Ne. 51-18 l' 'T è Reev. u4 X_Hr_, M icipal Council, T wnship ~f K1noarune. G ntlemen: Sóuth nunder Munioipal Drain In aocordanoe with your instructions pursuant to a petition s gned by Wm. Johnson owner of Lot 36, Concession 1 SDR and others c prising the _jor1 ty in nUllìber of the owners in an area requiring dnase, I have made an ......1II1t'18tion and survey of the area and submit h rewith report, plan, profiles, specifications and assessments for a work to be known as the South Klunder Municipal Drain. · A pre "-1 I1Ε“tion "'S made of the region for whioh a petition s being prepared and a report made to Council dated July 13, 1976. S bsequently Council. appointed this firm on August 3, 1976 to submit a prelÙl1nary report for the South nunder Municipal Dra1n (Township 1 tter September 2, 1976). A prel11 11t'1'~ report was prepared and submitte4 to Counoil o January 5t 1977. At a meeting of Council with the a:ttectet owners o February 28, 1977, the pre11m1~?y report was acoepted end a thoriJ!lation given to prðceed with a full report. !fhe Snt)). Klunder Municipal :Brain serves an area of approx- 1 ately 166 acree, 1nclu~1~g approximately 8 aores of H1~ ~o. 9. It i8 intended that the main drain across Lots 35 ..d 36, C oession 1 SDR be inatalled to the East s1de of the main water run t avoid disturbing the existing tile dra1ne. AIry tile drains which e disrupted shall be oonnected to the new drain. . The p1... ahows the Inoation of the work and the lands affected b it, the profiles and speoifications show the dimensions, grades, d sP08al of material and other partioulars of the work. Attention is drawn to Seotion 80 and Section 82 of the e Aot 1915 regarding responsibilities of owners with respect t obstructlona. Should repairs, underpit'l~1t'1g or other alterations be re- q red for the Highway Culvert ~n Highway No.9 opposite Lot 36, I a sess the cost thereof inoluding any necessary expenses 1nDidental t ereto against the Ministry of Transportation and Communications h ving control of the said road. · , . . ! ~ . _ 2- I determine the amounts to be paid in allowance to owners e titled thereto under the Drainage Aot 1975 as follows: Damage to Lands &: Crl')ps (if any) Sec. 30 350.00 95.00 450.00 70.00 100.00 11,065.00 folll' ws: noession Ll7t or Part Owner 1 JlDR 37 C. Hewitt 38 J. Uunder 1 SDR 36 Wm. Johnson 35 Wm. Geddes 1 NDR 36 C. Hewitt M ESTIMATE OF THE COST of the work 1s as IN DRAIlr 1,780 lin. ft. of 12" dia. 11 Fie1.d T1le D1g, lay and backfill 4IÞ 596 lin. ft. of 10" dia. 11 Field Tile Dig, lay and backfill 1,094 l1n. ft. of 6" dia. 11 Field Tile Lig, lay and backfill ~tn. ft. of 15" dia. 16 ga. C.M.P. complete ',{j, th rodent grate Installation of C.M.P. oomplete with heavy stone r1p rap 2,070.00 3,030.00 520.00 840.00 440.00 920.00 100.00 150.00 - - - - - - - - - - - - Work on Highway No. 9 Un. ft. of 12" steel casing 450.00 Installation of casing by jacking and bo~ing 2,600.00 Restoration of right-of-way, including seeding and mulching 400.00 ------------ 3 Catohbasins ... " BRANCH 923 lin. ft·. of 6" dia. 11 Field Tile Dig, lay and baokfill 1 Catchbasin Sta. 9+23 600.00 370.00 780~OO 200.00 . , . . . . · .... 3 - . . ", BRA1fCH 450 lin. ft. ot' 6" dia. 11 Field Ule Dig. lq and back1'11.1 1 Catchbasin Sta. 4+50 180.00 380.00 200.00 Survey, Plan, Report. Assistance & Expenses 2,000.00 and preliminary report Allowances under Section 30 of the D.A. Supervision of Construction (by Engineer) Contingencies Total Estimated Cost 1,065.00 950.00 805.00 819,050.00 This sum of 119,050.00 I assess against the lands anr road a fected according to the annexed Schedule of Assessment. · Whether or not the Ministry of Transportation and C mmunications elects t, do the work on Highway No. 9 Sta. 23+50 to S a. 24+56 it shall be assessed the actual cost of the work including ~ 1 incidental expenses as a speoial assessment in addition to the Bnefit and Outlet Assessments. After construction, the drain shall be maintained by the cipality of the Township of Kincardine at the expense of all the ds and road assessed herein and in the same relative proportion ~il said assessment shall be varied according to the provisions of t e Drainage Act, with the exception that the special assessment 3 1 not form part of the maintenance assessment sChedule. H.M. Gibson, P. Eng., O.L.S. · · , · · · · . 9 , ,. H. M. GIBSON LT~. i29l Co~isaionera Rd. W.f London, Ontario. N6K lC9 __.-..._...·.4. _~ _ . §'PEc1FJ:CATIONS 1. ~~JTJ)F. WORKi.. *rheae spec~.:f'icat1ons Uld the report, :,'z: and próflle öf the same date apply to and govern the c::>n- struction of: 4,,923 lineal feet of CLOSED DRAIN 5 ~tchbasin8 ".;;.;.,;~->. . , . . . . . . - 6 - " ~, INSTRUCTIONS TO BIDDERS: Tenders will be received and contracts awarded only in the form of a lump sum for the completion of the whole work in accordance with the plan, profile and specifications or of such portions as specified in the Tender call. Each bidder shall file a sealed proposal and with it a certified cheque for a sum equal to ten percent (10%) of the bid price, made payable to the Municipality. If a person making such a proposal fails to enter into a contract pursuant to the re- quirements of the Council 1'Ïi'chin fourteen days of acceptance of the proposal, the aforesaid cheque shall be forfeited to the Municipality. All Qertified cheques, except that of the bi~der to whom the work is awarded, will be returned within ten days after the contract is awarded. The certified cheque of the bidder to whom the work is awarded, will be returned with the final payment of the work. The bidders must examine for themselves the plans, profiles and specifications, and the looation of the proposed work, and exercis~ their own judgement as to the extent of the work to be done. The Contractor must assume all risks of variance in any computation by whomsoever made, of statements of amounts or quantities necessary to complete the work required by the contract. If any doubt exists in the mind of any person tendering as to the exact meaning of any portioti of these speoifications or this plan or profilo, it must be removed before signing the contract agreement; thereafter the Contractor will be bound by the decision of the Engineer on all points, '>; ERRORS: The Contractor shall satisfy himself before the commencemf>- ai' any part of the work, of the meaning of all stakes, marks and a.."lY apparent errors which he may find shall be immediately re- ported to the Engineer for correction before the work is commenced,. Should the Contractor attempt to correct the mistakes, he will be held liable to bring the work back to the proper grade. TERMINATION OF CONTRACT: Time shall be deemed the essence of this contract, All the work included in the contract must be concluded on or before the date fixed at the time the :).,ntract is awarded. The Contractor furher agrees that if at any time the Engineer shall be of the opinion and shall so certify in writing to the Municipal Council, that the said work or any part thereof is unnecessarily delayed or that the said Contractor is violating any of the conditicno of this contract, or is executing same in bad faith, or if the said work is not fully completed within the time named in the contract for its completion, the Council shall have the power, Ii 'Fe dayc a.fee: ,' rcc.el ving notice of the 3ngineer, to notify the said Contractor to discontinue all further work and terminate all future performance thereof by the Contractor but reserving all claims against the Contractor for breach of contract by written nntice to be served upon the Cont~actor, either personally, or at his residence, or by registered m~il, or with his agent in charge of the work. Thereupon the Contractor shall discontinue said work, and the Council shall have the power to procure labour, tools, material a~d machinery, by contract or otherwiee, and to complete said work, and to charge the expense thereof, including other damages of every name and nature, to the aforesaid Contractor. The expense so charged shall be deducted by the Council out of such moneys as may them be due, or may at any time thereafter become due to the said Contrac"')r under or b7 virtue of this Agreement. In case such expense is less than the amount which would have been payable under the contract if the work had been completed by aaid Contractor, he shall receive the difference, and in the case such expense shall exceed the sum, he shall pay the amount of such excess to the Municipality. 4- ...:c"'_'''- , .. . . 10 . 11 . . .... ~ -- 7 - 6. ALTERATIONS: The Engineer may make minor changes in the work as it progresses, an amount proportionate to the amount contained in the tender being added to or deducted from the contract price to cover such changes. No change will be made unless ordered by the Engineer in writing. SPECIAL CONDITIONS: If the Contractor should encounter any condit~. of any sort which may not have been known to the Engineer, and were not provided for by these plans and specifications, and which would make necessary alterations to the plans and specifications in order that the work be completed in a satis factory and work-- man like manner, the Contractor shall immediately notify the Engineer who will nake the necessary alterations. Failure of the Con- tractor to so notify the Engineer shall not relieve the Contractor of the responsibility of fully completing the work and maintaining it for a period of one year after completion of construction. HIGInvAYS, UTILITIES, ETC,: The Contractor shall, before performing any work affecting the land or property of the Ministry of Tran- sportation and Communications, or any Railway, Telephone, or Pipeline Company or Public Utility, obtain at his expense any necessary permits. The Contractor ohall further agree to perform the work affecting said lands or property in accordance with the specifications of such Ministry, Company or Utility, as though said specifications were heIeto attached. 7. 8. DAMAGES, LIABILITY: The Contractor shall pay all losses, damages or claims received by the Municipality and he shall protect and save harmless the Municipality against liability for any accidents, damages, casualty, losses or claims directly or indirectly arising out of the Contract, or manner of performance thereof by the Con- tractor, his agents, employees or sub-contractors. The Contractor will be solely liable for all injuries and/or accidents to workmen, and/or public and/or property and shall furnish the Municipality with proof of his insurance against all liabilities prior to obtaining the Contract. The Contractor shall be held liable for any expenses or damages occasioned by fences being left open or improperly closed, in- sufficient guarding and lighting or bad workmanship at places where a drain runs along or across a road allowance or any negligence in carrying on the work, Any such expense or damages may be deducted by the Enginecr from the amount of the contract or may be recovered by the Municipality from the Contractor or his sureties. 9. PAYMENT: Progress payment in æ.D:'1 equal to about 80% of the value of th~ wor~ done ant materials incJrporate~ in õhe work will be made to the Contractor on the written certificate of the Engineer. An additional 17% will be paid 30 days after the final acceptance by the Engineer, and 3% of the contract price may be reserved by the Municipality for one year. After the completion of the work, any part of this reserve may be used to nake good defects developed wi thin that time from faul ty ~rorhanship, materials supplied by the Contractor ~~d loose backfill, provided that written notice shall first be given the Contractor so that he may promptly make good such defects if he so desires. FINAL INSPECTION: All the work included in the contract must at the time of completion and final inspection have the full dimensions and cross-sectionb. Final ins~·ection will 1" made by the Engineer within 30 days after he has received notice in writing from the Contractor that the work is completed or as soon thereafter as weather conditions permit. STAKES: Stakes are set one hundred feet apart throughout the course of the work or as shown on the accompanying plan and profile. The Contractor shall beheld liable for the cost of replacing any e.-takes or bench marks destroyed during the course of construction and the drainage area shall be liable for the cost of replacing stakes ar marks desõroyed before commencement nf construction. ,,- , .2 . . . , - 8 - l3 i.INE: The drain shall run in straight lines throughout each course except that at intersections of courses it shall run on a curve of at least 50 feet radius. The centre line of the present drain shp' in general be the centre line of the finished work but the presern courses shall be lined out and all sloping and widening necessary shall be done in such manner as to make the finished work uniform. PROFILE: The drain ts to be excavated to regular grade lines as shown on the profi~. These grade lines are governed entirely by the bench-marks and show the bottom of the finished drain, In the case of tile drains the grade line is that of the inner side cf the invert. The profile shows, for the convenience of the Contractor and others, the approximate depths from the surface of the ground at points where the numbered stakes are set and from the average bottom of the present drain as taken at the time of survey but the bench-marks must govern. The depths are indicated ;~n the profile :tn feet and tenths of feet. EXCAVATION: Both sides of an open drain are to be sloped one foot horizontally to one foot vertically, or as otherwise shown on thA accompanying profile. The drain shall have the full specified b01;1;om width at the grade line. l4 15 EXCAVATED MATERIAL: A clear berm a margin of at least six feet shall be left between the top edge of the ditch and the spoil bank, No excavated material is to be left in any ditches, depressions, furrows or tiles intended to conduct water into the open drain. In no case shall the side of the spoil bank nearest the ditch have a slope greater than one and one half to one. Excavated material sha.:U in general be placed on the lower side of the drain or on the side opposite trees and fences. The spoil shall be deposited, spread and levelled so that the land on which it lies may be cultivated with adjacent lands by use of ordinary farm machinery. This shall mean the spreading of material to a maximum depth of Z2 inches. If the Contractor obtains a statement in writ1ng, signed by the owner of the lands affec~ed that he does not wish the spoil to be levelled. the Engineer may release the Contractor from obligation in that r~· gard. Disposal of the material shall be to the satisfaction of th~ Engineer or the Commissioner appointed to be in charge of the worko 1 . ROADS: Where a drain is removed from the road allowance, the new . channel shall be constructed entirely on farm lands and the excavated material shall be placed in the abandoned channel. Excess material" if any, not required for such filling, shall be placed on the . adjoining farm lands. On road allowances, disposal of excavated material, levelling, backfilling, inst~lation of culverts and catch basins, and all other work shall be performed as directed by the Superintendent in charge of the road concerned and to his satisfactJ~- Any corrugated metal pipe culverts laid under the travelled portion of any road allowance shall be laid on six inches of pit run gravel and shall be backfilled to the road surface with pit run gravel. Any paved road surface shall be restored with a similar paving material to the satisfaction of the road authority having jurisdict" CLEARING - TILE DRAINS: All brush, timber, logs and stumps shall bf.i cleared back a minimum of 50 feet on each sje of the drain, unless otherwise specified on the prof) le All cleared material shall be piled for use or disposal by the owner. . 1 . CLEARING - OPEN DRAINS: Brush, timber, logs, stumps or stones or a..'1JI. other obstructions in the course of the work, and any brush along the banks thereof shall be removed to a sufficient distance t~ be clear of the excavated material, or to the width as shown on the profile. No brush or trees are to be left inside the slopes cf the drain whether they come within the limits of the excavation or not, Brush removed from the drain and banks thereof shall be piled to the satisfaction of the Engineer. Contractors will be permitted to cut standing timber along the banks of the drain to the exter,t that may in the opinion of the Engineer be r~~sonably necessary for the operation of the excavating equipment. Timber necessarily cut by the . ..' e· . . . . - 9 - CLEARING - OPEN DRAINS: Contractor shall be left disposal of the owner.. 1.8. FENCES: The contractor will be permitted to remove fences to the extent necessary to enable him to excavate the drain and dispose of the material. Any such fences must be carefully handled so as to cause no unneceasary damage, and shall be replaced by the Contractc!. in as good condition as found so far as material permits. Fences shall be properly stretched and fastened. Replacing of the fences shall. be to the satisfaction of the Engineer or the Commissioner appointed to be in charge of the work. When authorized by the Engineer, the Contraetor shall supply new materials to repair a fence, ,the cost of such material being an additional expense to the drainage area. Continued- on the property where found for the use or 19 EXCAVATION AT BRIDGE SITES: The Contractor whall be required to excavate the drain to full depths and as nearly as possible to the full widths and slopes at the sites of all bridges. Temporary bridges may be removed fOr this purpo!re and the material left at . the side of the drain for the subsequent use of the owner in re- building.· Bridges of a permanent character are not to be unnecesL- arily disturbed, the excavation at these bridges being made if necessary by hand, tractor, or other suitable means. 20 BRIDGES: All bridges hereafter constructed or reoonstructed, in order not to be regarded as obstructions, shall have openings of clear width equal to twice the specified bottom width of the drain. 21 ALLOWANCES FOR DAMAGES: The ðamages for which allowances are made include damages for lands on which the excavation is actually ~Ad~ and those on which excavated material, timber, brush or other obstructions may be deposited. TILE AND LAYING: All tile shall be sound, of first quality and con, form to the requirements of ASTM C4l2. They shall be laid carefull:: on a smooth bottom with joints fitting tightly. The grade shall be made by using horizontal sight-bars at stakes above and below the point where the tile is being laid. 23 . .6 ?2 LATERAL TILE DRAINS: The Contractor shall guard against damaging outlets of tributary drains and he shall connect tributary dre.ins to the main tile as work progresses. The cost of such connections shall be an extra to the contract. 24 MAIN OUTLETS: Any Main, Award or Municipal Drains encountered shall be connected to this drain constructed under these specifications, Any existing tile drains which have an outlet in the upstream end of this drain, or an old drain which may be replaced by this drain¡ shall be connected to thia drain. These connections shall be made by the Contractor as part of this contract. 2 . FILLING: Aa tr.e laying of the tile progresses, partial filling .i s to be made at the sides sufficient to hold the tile in place. Af~0' the work is inspected by the Engineer or the Commissioner in charge of' the work, the remainder of the excavat.ed material shall be used to rest.ore and maintain the naturAl surface of the ground, Care shall be taken to backfill the excavated material evenly on either aide of the tile to prevent movement cf the tile. All backfill material shall be frep of stones larger than 4 inches in diameter. PROTECTION: The protection at the outlet of a tile drain shall be . length of corrugated metal pipe fitted with a rodent-pro~f grate, The grate shall be hinged at the top to permit the exit ~f fo~eiSL material from the tile. The pipe shall be protected with hand placed rip rap (sacked concrete ~r heavy field stone, as directed) and shall extend along bottom of the open drp.in as directed and in <) manner satisfactory to the Engineer. Where heavy 0verflow is likeJ; to occur, the rip rap shall be extended up the sides to prevent the water cutting around the protection. Protection for the ends ·of ""';"",,- '" ~ _. '! .!' tl. 27. 28, tt9. . . .' . - 10 - PROTECTION: - Continued - culverts shall be in accordance with the plans, profiles and special specifications provided. CATCHBASINS: Shall be constructed in accordance with the plans provided. If there are no existing drains to be connected to the catchbasin at the top end of the drain, a plugged tile shall be placed in the upstream wall, with the same diameter and at the same elevation as the outlet tile. Where the catchbasin is on a road allowance the Contractor shall obtain from the Road . Superintendent apprnval of the location of the catchbasin, the gratG to be used and the ele~ation at which the top shall be set. All tile entering the catchbasin shall be tightly cemented into the wall. :3 , UNSTABLE SOIL: If during the construction of the drain quick sand, fi~e sand, silt or other unstable soil conditions are encountered the Contractor shall immediately notify the Engineer or Commissione~ in charge of the work. The basis of payment for such extra work shall be set by the Engineer. EXCESS TILE: If the tile are supplied by the Municipality, at the end of the job the Contractor shall stockpile all excess tile in one readily accessible location for pick-up by the Municipaltiy. LIVESTOCK: It shall be the respohsibility of each owner to keep his livestock fu~ear nf the construction area. Lnss or damage to livestock in the construction area shall not be the liability of the Contractor except through negligence or carelessness on the part of the Contractor and/or his agents. TRENCH WIDTH: The minimum width of trench shall be not less than the outside diameter of the drain tile plus six (6) inches, except where authorized in writing by the Engineer. RODENT GRATES: Rodent Grates shall be an integral part of the Corrugated Metal Culvert at the outlet. These grates shall be ~~ a style and type acceptable to the Engineer. IN ADDITION :3 . '3 . All fences disturbed by the contractor shall be repaired by the same as soon as it is practical to do so and to as good a condi tior, as the existing materials will permit. Restoration of the Highway right-of-way shall be to the current spocif.ications and to the satisfßc ti.on of the M. T, C_ All existing tile drains severed by this work shall be connected to the new drain and shall be an extra to the contract. The drain outlet shall be protected with heavy stone rip rap to the satisfaction of the Engineer. The Main Drain from Sta. 24+56 to Sta. 35+50 shall be located 20 feet North of the North Highway fence. "B" Branch shall be located 20 feet North of the North Highway fe.. -~-