HomeMy WebLinkAboutAgreement - NRSC Crossing[Date of agreement]
[Grantee Name]
[Grantee Representative]
[Address]
[City, Province]
[Postal Code]
ATTENTION: [Grantee Representative]
RE: Consent to cross, and/or be within the proximity of, NRSC force water, and/or sanitary, line
Location: [LEGAL LAND DESCRIPTION]
File Number:
Consent to cross, and/or be within the proximity of, NRSC force water, and/or sanitary, line
Legal Land Description: [LEGAL LAND DESCRIPTION]
[Type/Description of Work]
_____________________________________________________________________________________
Consent:
NEWELL REGIONAL SERVICES CORPORATION, herein known as 'Grantor', hereby grants [Grantee
Name], herein known as 'Grantee', permission to do [Type/Description of Work] within the Conflict Zone,
subject to the conditions herein. The Conflict Zone is hereby defined as the area within 30 meters of the
Grantor’s facility, and/or within the Grantor’s right of way.
Attachments:
[List Schedule(s) A, B, C, and so on, each followed by a short description/title].
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Box 638
Brooks, Alberta
Canada T1R1B6
Ph.: 403.794.4000
Fax : 403.794.4051
www.nrsc.ca
Conditions:
The work being performed is subject to the following conditions:
1. Grantee shall place a call to the County of Newell, a minimum of 2 business days prior to any ground
disturbance, to allow the Grantor to review the work that is being proposed and to locate, as well as mark,
their facilities as deemed necessary.
2. No construction, other than that which is covered by this agreement, shall take place upon the
Grantor's facility, or right of way, except in the event of a separate agreement authorizing such activities.
3. A valid copy of the agreement, signed by both parties, must be present at all times during any
ground disturbance activities within the Conflict Zone.
4. Grantee shall be liable to Grantor for any loss, whatsoever, which Grantor may incur or suffer as a
direct result of Grantee's Facility. Notwithstanding anything herein, elsewhere contained or implied to the
contrary, it is mutually agreed and understood:
(a) Grantee shall and will, at all times, indemnify and save harmless Grantor from and against all loss,
costs, charges, liabilities, damages, and expenses, that arise in any way, as a result of Grantee's use of the
area, or the operation of Grantee's Facility, howsoever caused. This includes, without limiting the
generality thereof, any and all liabilities to third persons or parties, whether in contract, or otherwise, which
Grantor at any time hereafter shall suffer or incur and whether arising from actions of Grantee's servants,
(b) Unless the loss or damage is attributable to the gross negligence of Grantor, its servants, agents, or
employees, Grantee shall not have any claim against Grantor, for any loss or damage, by whoever caused,
to Grantee's property within Grantor's right of way.
5. Grantee shall not enter the Grantor's right of way without first obtaining prior consent from Grantor.
Please contact the County of Newell, @ (403) 633-1585 or alternatively 403-501-9728.
6. When Grantee performs work in the Conflict Zone of Grantor, as identified in this agreement, the
following terms and conditions shall apply:
(a) Grantee's Field Representative shall contact Grantor's Field Representative directly, either in person
or by telephone, a minimum of 72 hours, excluding Saturdays, Sundays and statutory holidays, before
commencement of Grantee's work within 30 meters of the Grantor's facility. If unable to contact the
Grantor's Field Representative, Grantee shall serve a minimum of 72 hours written notice before
commencement of Grantee's work, unless directed otherwise by Grantor’s representative.
(b) Grantor has the right to have a representative present to inspect the work of Grantee, in the Conflict
Zone, at any point during the progression of the project covered by this agreement.
(c) During installation pursuant to this Agreement, Grantee shall have available at the Work Area a
signed copy of this Agreement.
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(d) Before proceeding to excavate within 5 meters of Grantor's Facility, Grantee shall sufficiently expose
Grantor's Facility by hydro-vac. Grantee shall not use or permit the use of any excavating machinery within
1.5 meters of either side of any existing Grantor's Facility, unless directed otherwise by Grantor’s
representative on site.
(e) Grantor’s Facility shall be entitled to the upper position in the Crossing Area except for above grade
facilities, unless directed otherwise by Grantor’s representative on site.
(f) A minimum distance of 60 centimeters shall be maintained between the external surfaces of the
underground Facilities, unless directed otherwise by Grantor’s representative on site.
(g) Grantee’s Facility shall be maintained at the same depth with no side bends for the entire width of
the Crossing Area, unless directed otherwise by Grantor’s representative on site.
(h) Grantee shall construct their Facility in accordance with this Agreement and any Schedules attached
(i) Grantee shall, where applicable, install and maintain during performance of the work, suitable
markers indicating the location of Grantor's Facility in the Conflict Zone.
(j) Grantee shall carry out all work, in the Conflict Zone, in a proper and diligent manner and in
accordance with good engineering and construction practices.
(k) The party performing the work shall ensure no damage occurs to existing Facilities while the work is
being performed in the Work Area. This includes damage which may result from the use of heavy work
equipment outside the Work Area while performing the work in the Work Area.
(l) Where necessary, Grantee shall support Grantor's Facility as required, or as directed by Grantor,
while any work is being carried out hereunder.
(m) In the event that Grantor's Facility suffers contact damage, or other damage, as a result of Grantee's
work, Grantor shall be notified forthwith and its repair shall be carried out as directed by Grantor at
(n) Grantee shall, as soon as it is reasonably practical after the completion of Grantee's work in the
Work Area, restore the surface of the Work Area as closely as is practical to the condition in which it
existed immediately prior to the work being commenced.
(o) Grantee shall maintain the Work Area in good order and condition and carry out expeditiously all
work hereunder.
(p) Except as otherwise provided herein, the cost of work with respect to each party's Facilities within
the Work Area undertaken by either party shall be borne by the party requiring such work.
(q) The cost associated with the location, identification, or supervision shall not be charged to or borne
by the other party unless specified in the schedule.
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(r) Grantee shall be liable for and pay all taxes, rates, and assessments of every description
whatsoever that may be imposed by any lawful authority by reason of the presence of Grantee's Facility in
the Work Area, or by reason of this Agreement, or of anything done by Grantee pursuant to this
Agreement. In addition, Grantee shall indemnify Grantor from and against all such taxes, rates and
assessments.
(s) Grantee shall at all times comply with any and all applicable codes, statutes, laws, acts, regulations,
permits, licenses, orders, and directions of any governmental authority from time to time in force. The
minimum applicable technical standards therein shall apply to both parties unless more stringent standards
are provided for in this agreement. If compliance with any provision of this agreement would result in
violation of any applicable codes, statutes, laws, acts, regulations, permits, licenses, orders, and directions
of any governmental authority, such code, statute, law, act, regulation, permit, license, order, and direction
of any governmental authority shall prevail and this agreement shall be deemed to be amended
accordingly.
When the Grantee is Fortis Alberta, the following is to be included in this agreement, as well. Nothing in
this agreement is intended to abrogate, alter or diminish the statutory liability protection granted to the
GRANTEE, Fortis Alberta, under the Electrical Utilities Act , Alberta, and the Liability Protection Regulation,
Alberta.
Changes to Agreement:
7. No change, modification, or alteration of this agreement shall be valid unless it is in writing and
signed by the parties hereto, and no course of dealing between the parties shall be construed to alter the
terms hereof.
Terms:
8. The rights and obligations of the parties under this Agreement shall terminate:
(a) one year from the date hereof if construction of Grantee's Facility has not commenced, or
(b) upon proper abandonment or removal of all Grantor's, or Grantee's, Facilities from the Work Area
and the completion of any reclamation Work required by applicable laws, except for those rights acquired
and obligations incurred prior to such events.
We trust that you find the foregoing in order.
Kindly acknowledge your approval & acceptance of the aforementioned items, on the previous pages, and
those contained within the attachments, all items comprise “The Agreement”, by signing and returning one
copy of this agreement to the attention of the undersigned.
Yours truly,
County of Newell (CON) on behalf of NEWELL REGIONAL SERVICES CORPORATION (NRSC)
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ENDORSEMENT:
AGREED and CONSENTED to, by the Grantee, on this ________ day of ___________________, 201___
at ______________________________, Alberta.
______________________________ ______________________________
Grantee Signature Grantee Name (Printed)
____________________________________________________________________________________________
AGREED and CONSENTED to, by the Grantor, on this ________ day of ___________________, 201___
at ______________________________, Alberta.
______________________________ ______________________________
Grantor Signature Grantor Name (Printed)
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