HomeMy WebLinkAboutKIN 91 026 Development Charges
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1991-26
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH MARSHALL
MACKLIN MONAGHAN LIMITED CONCERNING A DEVELOPMENT CHARGES STUDY
IN THE TOWN OF KINCARDINE.
WHEREAS the Council for The Corporation of the Town of
Kincardine deems it expedient to enter into an agreement with a
consultant in connection with a development charges study in
the Town of Kincardine;
NOW THEREFORE the Council for The Corporation of the Town
of Kincardine ENACTS as follows:
1.
The mayor and
an agreement
concerning a
Kincardine.
the clerk are hereby authorized to execute
with Marshall Macklin Monaghan Limited
development charges study for the Town of
2. This by-law shall come into full force and effect upon
its final passage.
3. This by-law may be cited as the "Marshall Macklin
Monaghan Limited, Agreement By-law".
READ a FIRST and SECOND time this 7th day of March, 1991.
JJ..71ll.A/¡j \. 9/¡;;~f7t-j
Mayor
READ a THIRD time and FINALLY PASSED this 21st day of March,
1991.
JU_dJ d Sh~^
Mayor
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This ~ made this 21st day of Karch, 1991.
BETWEEN:
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town"
of the First Part,
-and-
MARSHALL IlACKLIN MONAGHAN LIMITED
herinafter called the "COnsultant"
of the Second Part.
WHEREAS The Town wishes the Consultant to furnish
professional services in connection with a development
charges study in the Town of Kincardine (hereinafter called
the "Project";
NOW THEREFORE THIS AGREEMENT WITNESSETH THAT in
consideration of other good and valuable consideration and
the sum of TWO DOLLARS ($2.00) of lawful money of canada,
now paid by each of the two parties hereto, (the receipt
whereof is hereby acknowledged) the parties hereto
covenant, promise and agree with each other as follows:
1.0 GÈNERAL CONDITIONS
1. 01 Retainer
The Town hereby retains the services of the Consultant
in connection with the Project and the Consultant
hereby agrees to provide the services described herein
under the direction and control of the Town.
In this agreement
professionals and
Town directly and
agreement.
the word Consultant shall
other specialists engaged by
whose names are party to
mean
the
this
1. 02 Services
The Services to be provided by the Consultant and by
the Town for the Project are set forth in Article 2
and such services as changed, altered or added to
under Section 1.08 are hereinafter called the
"Services".
1.03 Comcensation
The Town shall pay the Consultant in accordance with
the provisions of Article 3.
1.04 staff and Methods
The Consultant shall use current state of the art
principles and shall skilfully and competently perform
the Services and shall employ only skilled and
competent staff who will be under the supervision of a
senior member of the Consultant's staff.
1.05 Drawinas and Documents
Subject to Section 3.2 of Article 3, drawings and
documents or copies thereof required for the Project
shall be exchanged between the parties on a reciprocal
basis. Documents prepared by the Consultant for the
Town may be used by the Town, for the Proj ect as
herein described, including "as built" records. The
Town has ownership of the drawings and documents.
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Karshall Macklin Monaghan Agreement
March 21, 1991
Page 2
1.06 Patents
All concepts, products or processes produced by or
requested from the Services rendered by the Consultant
in connection with the Project, or which are otherwise
developed or first reduced to practice by the
Consultant in the performance of his Services, and
which are patentable, capable of trademark or
otherwise, shall be and remain the property of the
Consultant.
The Town shall have permanent non-exclusive royalty-
free license to use any concept, product or process,
which is patentable, capable of trademark or otherwise
produced by or resulting from the services rendered by
the Consultant in connection with the Project and for
no other purpose in connection with the project and
for no other purpose or project.
1. 07 Records and Audit
(a) In order to provide data for the calculation of
fees on a time basis, the Consultant shall keep a
detailed record of the hours worked by and salaries
paid to his or her staff employed for the project.
(b) The Town may inspect and audit the books,
payrolls, accounts and records of the Consultant
during regular office hours with respect to any item
which the Town is required to pay on a time scale or
disbursements basis as a result of this agreement.
(c) The Consultant, when requested by the Town, shall
provide copies of receipts with respect to any
disbursement for which the Consultant claims payment
under this agreement.
1.08 Chanaes and Alterations and Additional Services
With the consent of the Consultant, the Town may in
writing at any time after the execution of the
agreement or the commencement of the Services delete,
extend, increase, vary or otherwise alter the Services
forming the subject of the agreement, and if such
action by the Town necessitates additional staff or
services, the Consultant shall be paid in accordance
with section 3.1 for such additional staff employed
directly thereon, together with such expenses and
disbursements as allowed under Section 3.2. It is
understood by both parties that such arrangements must
be made between the Town and the Consultant in writing
prior to the additional staff or services being
incurred otherwise the Consultant will have no claim
against the Town.
1.09 SusDension or Termination
The Town may at any time by notice in writing to the
Consultant suspend or terminate the Services or any
portion thereof any any stage of the undertaking.
Upon receipt of such written notice, the consultant
shall perform no further services other than those
reasonably necessary to close out his or her Services.
In such an event, the Consultant shall be entitled to
payment in accordance with section 3.1 for any of the
Consultant's staff employed directly thereon together
with such expenses and disbursements allowed under
Section 3.2. The Town will receive benefits for
services incurred as of the date of termination
including all drawings, documents, data, etc.
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Marshall Kacklin Monaghan Agreement
Karch 21, 1991
Page 3
1.10 IndAmnification
The Consultant shall indemnify and save harmless the
Town from and against all claims, actions, losses,
expenses, costs or damages of every nature and kind
whatsoever which the Town, its employees, officers or
agents may suffer as a result of the negligence of the
Consultant, his or her employees, officers or agents
in the performance of this agreement.
1.11
Insurance
(a) COmprehensive General Liability and Automobile
Insurance
The Consultant's insurance coverage shall be a minimum
of $2,000,000.00 for general liability and
$2,000,000.00 for automobile insurance. When
requested, the consultant shall provide the Town with
proof of comprehensive general liability and
automobile insurance (inclusive limits) for both owned
and non-owned vehicles.
(b) Professional Liability Insurance
The Consultant's insurance. coverage shall be a ~n~mum
of $2,000,000.00 for professional liability. When
requested the Consultant shall provide the Town proof
of professional liability insurance carried by the
Consultant.
(c) c-h"1lIJe in coverage
If the Town requests to have the amount of coverage
increased or to obtain other special insurance for
this project then the Consultant shall endeavour
forthwith to obtain such increased or special
insurance at the Town's expense as a disbursement
allowed under Section 3.2.4.
It is understood and agreed that the coverage provided
by these policies will not be changed or amended in
any way nor cancelled by the Consultant until 60 days
after written notice of such change or cancelations
has been personally delivered to the Town.
1.12 Contractina for Construction
Neither the Consultant nor any person, firm or
corporation associated or affiliated with or
subsidiary to the COnsultant shall tender for the
construction of the Project, or have an interest
either directly or indirectly in the construction of
the Project.
1.13 Assianment
Neither party may assign this agreement without the
prior consent in writing of the other.
1.14 Previous Aareements
This agreement supersedes all
arrangements or understandings
whether written or oral in
incidental to the project.
previous agreements,
between the parties
connection with or
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Marshall Macklin Monaghan Agreement
March 21, 1991
Page 4
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1.15 Auuroval bv other Authorities
Unless otherwise provided in this agreement, where the
work of the Consultant is subject to the approval or
review of an authority, department of government, or
agency other than the Town, such applications for
approval or review shall be the responsibility of the
Consultant, but shall be submitted through the offices
of the Town and, unless authorized by the Town in
writing, such application for approval or review shall
not be obtained by direct contact by the Consultant
with such other authority, department of government or
agency.
1.16 Princiuals and Executives
The use of principals and executives on a time basis
by the Consultant, will be in accordance with Section
1.23.1 (c).
1.17 Snecialized Services
The Consultant may engage others for specialized
services, provided that prior approval is obtained in
writing, from the Town and may add a mark-up of not
more than 5% of the cost of such service to cover
office administration costs when claiming
reimbursement from the Town.
1.18 In~Dection
The Town, or persons authorized by the Town, shall
have the right, at all reasonable times, to inspect or
otherwise review the Services performed, under the
Project and the premises where they are being
performed.
1.19 Publication
The Consultant agrees to obtain the consent in writing
of the Town before publishing or issuing any
information regarding the Project.
1.20 Confidential Data
The Consultant shall not divulge any confidential
information communicated to or acquired by him, or
disclosed by the Town in the course of carrying out
the Services provided for herein. No such information
shall be used by the Consultant on any other project
without the approval in writing of the Town.
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1. 21 Arbitration
(a) Any dispute, difference or disagreement between
the parties hereto in relation to the agreement may,
with the consent of both parties, be referred to
arbitration.
(b) No person shall be appointed to act as arbitrator
who is in any way interested, financially or
otherwise, in the conduct of the work on the Project
or in the business or other affairs of either the Town
or the Consultant.
(c) The award of the arbitrator shall be final and
binding upon the parties.
(d) The provisions of the Arbitrations Act, R.S.O.
1980, Chapter 25, as amended, shall apply.
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Marshall Macklin Monaghan Agreement
March 21, 1991
Page 5
1.22 ~
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The Consultant shall perform the Services
expeditiously to meet the requirements of the Town and
~hall complete any portion or portions of the Services
~n such order as the Town may require and the Town
shall have the right to take possession of and use any
completed or partially completed portions of the work
notwithstanding any provisions expressed or implied to
the contrary.
The Town shall give due consideration to all designs,
drawings, plans, specifications, reports, tenders,
proposals and other information submitted by the
Consultant, and shall make any decisions which he is
required to make in connection therewith within a
reasonable time so as not to delay the work of the
Consultant.
1.23 EstimAtes. Schedules and Staff List
1.23.1 Preparation of Bstillate of Fees, Schedule of
Progress and Staff List
When requested by the Town, the Consultant shall,
within fourteen days of the execution of this
agreement, provide for the approval of the Town:
(a) An estimate of the total fees to be paid for the
Services unless such fee has been has been included as
a lump sum in the Consultant's proposal for this
Project.
(b) A schedule showing an estimate of the portion of
the Services to be completed in each month and an
estimate of the portion of the fee which will be
payable for each such month.
(c) A staff list showing the number, classifications
and salary ranges of staff and/or hourly rate ranges
for principals and executives, for which the
consultant will seek payment on a time basis. The
Consultant shall relate such information to the
particular type of work that such staff is to perform,
while employed on the Project. Such list shall
designate the member of the Consultant's staff who is
to be the liaison person between the Consultant and
the Town.
1. 23.2 Subsequent c-h"flges in the BstiDIate of Fees,
Schedule of Progress and Staff List
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The Consultant will require prior written approval,
from the Town for any of the following changes:
(a) Any increase in the estimated fees beyond those
approved under Subsection 1. 23 . 1 (a).
(b) Any change in the schedule of progress which
results in a longer period provided in subsection
1.23.1 (b)
(c) Any change in the number, classification and
salary range of the staff provided under Subsection
1.23.1 (c).
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Marshall Macklin Monaghan Agreement
March 21, 1991
Page 6
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1.23.3 Monthly Reporting of Progress
When requested by the Town, the Consultant shall
provide the Town with a written report showing the
portion of the Services completed in the preceding
month.
2.0
SERVICES
2.1
Terms of Reference
The terms of reference which were issued by
and appended as Schedule "A" to this
comprise the Services to be provided
agreement.
the Town
agreement
by this
2.2 Consultant's ProDOsal
The proposal submitted by the Consultant for this
Project shall also comprise the Services to be
provided by this agreement.
2.3 Conflicts between Terms of Reference and ProDOsal
In the event there is a conflict between the Terms of
Reference and the Consultant's Proposal noted in
Sections 2.1 and 2.2 above, the Town may chose which
terms shall constitute the Services.
3.0 FEES AND DISBURSEMENTS
3.1 ~
The Consultant agrees to provide the services outlined
in Article 2 of this agreement for a fee of $16,500.
Any additional fees shall be established in advance of
them being incurred by agreement of both parties and
shall be on a per diem basis as outlined in the
Consultant's proposal.
3.2 Disbursements
4.0
(a) In addition to the fee, the Consultant shall be
reimbursed at cost for all expenses properly incurred
by him or her in connection with the Project,
including but not limited to: vehicle use charges,
travelling and living expenses, long distance
telephone charges, teletype charges, printing and
reproductions, advertising for tenders, special
delivery and express charges, approved special
consultations, and legal surveys.
(b) It is understood that the Consultant will supply
the Town with an estimate of these costs for approval
and will not incur any without budget approval and
will not exceed any approved budgets without prior
written approval by the Town. It is understood in
this Project that the budget for reimbursable expenses
is $3,000.
This AgrE'eJllent shall enure to the benefit of and be
binding upon the parties hereto and their respective
successors and assigns.
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Marshall KackUn Monaghan Agreement
March 21, 1991
Page 7
IN WITNBSS WIIBRBOF the Town has hereto affixed its
corporate seal attested by the hands of its mayor and clerk
this 21st day of March, 1991. The Consultant has hereunto
set his or her hand and seal this 21st day of March, 1991.
SIGNED, SEALED AND DELIVERED )
in the presence of )
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THE CORPORATION OF THE TOWN
OF KINCARDINE
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C.S. Holtrop, Vice President
BuDding HngiDeering
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SCHEDULE "A'
THE CORPORATION OF THE TOWN OF KINCARDINE
DBVBLOPIIENT CHARGES STUDY
TBRIfS OF REFERENCB
MISSION
Tö determine the true cost of development in the Town of
Kincardine and to recommend to Kincardine Town Council an
appropriate development charge in the Town in accordance
with the Develomnent Charaes Act, '1989 and these terms of
reference. Development should pay its way.
BACKGROUND
The Town of Kincardine is a municipality of approximately
6,000 people in the south west corner of Bruce County on
the shores of Lake Huron. Principal sources of employment
include the Bruce Nuclear Power Development (BNPD) located
nearby in Bruce Township, the service industry required to
provide goods and services to the people who work at BNPD
and who live in the Town of Kincardine, and tourism. There
are a number of minor industries in the Town of Kincardine.
Ontario Hydro has recently issued employment projections
indicating additional employees to be hired over the next
four years. Growth is expected to continue as BNPD has
been around long enough that employees are reaching
retirement age and staying in the area, and ontario Hydro
then hires replacements. The Town of Kincardine expects to
receive a significant percentage of these people. There
will also be a corresponding growth in the service
industry.
There is also significant building activity in Town as a
review of the building permits will demonstrate. Moreover,
there is great interest in building subdivisions including
willow West, Huron Bruce, Lynden Estates, Timeless Homes,
Reynolds Drive and others not yet at the stage of being
named .
The Town is also approaching the service population of its
sewage and water treatment plants and further growth beyond
those capacities may be very expensive.
THE STUDY
The Study should accomplish the following:
a) compile sufficient information related to community
growth and capital expenditures required for
consideration of adequate development charges;
b)
determine which growth-related net capital costs,
including past expenditures, may be reasonably
included in a municipal development charge or charges
under the new Develocment Charaes Act. 1989 and
regulations thereunder;
c)
to Kincardine Town Council a development
charges which the consultant believes is
and which is defensible under the new
Charaes Act, 1989 and regulations made
recommend
charge or
reasonable
Develoument
thereunder;
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Development Charges study
December, 1990
Page 2
d)
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e)
f)
g)
h)
d)
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set out the basis and rationale for any development
charges in a clear and thorough written report which
may be made available as public information or which
may be used to defend any development charges
established by the Town at an Ontario Municipal Board
Hearing;
prior to the adoption of the by-law by council, attend
one public meeting as outlined in Section 4(1) of the
Develoument Charaes Act, 1989 and to make a
presentation to the public and council and to answer
any questions that may arise. This meeting will not
take place until the draft development charges by-law
and draft report, prepared by the consultant is
prepared;
the consultant will then prepare the final by-law and
report for consideration by council;
the draft and final report will recommend appropriate
administrative structure for the collection,
maintenance and eventual use of the charges;
the Report, once adopted, will be the property of The
Corporation of the Town of Kincardine.
INFORMATION SOURCES:
The consultant shall ex~e such information as is
required to conduct the study but council expects the
consultant to consider, at a minimum, the following:
a) financial information provided by the treasurer
related to past capital expenditures and future
expenditures as shown in the financial statements,
approved five year capital expenditure forecast and
the approved community improvement plan.
b) discussions with the Town's manager of public works
and consulting engineer concerning matters related to
roads, sewers and other hard services;
c) discussions with the manager of the Public utilities
commission concerning water and hydro;
discussions
chief and
services;
with the fire chief,
recreation director,
librarian, police
concerning soft
e) discussions with the Town's clerk-administrator who
will be the consultant's primary contact with the
Town.
f) discussions with ontario Hydro concerning manpower
projections.
NOTE: It will be the consultant's responsibility to
determine what information is appropriate for the
study. It will be the consultant's responsibility to
obtain the information required.
TIMING OF THE STUDY:
The Town expects the study to be completed in final form by
September 30, 1991.
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Development Charges study
December, 1990
Page 3
STUDY COST:
The consultant shall provide in their proposal a study
budget which shall not be exceeded without the advance
written permission of the Town Council. The study costs
shall include all costs including sub-consultants, expenses
and all printing costs.
In addition the consultant shall provide a per diem fee for
professional staff who may be required to defend the
development charges at ontario Municipal Board hearings or
other hearings.
REPORTS:
The consultant will provide 25 draft reports. After
acceptance of the report by Council, the consultant shall
provide 50 copies of the report at his expense. The
consultant shall provide the Town with a cost per report in
the event additional copies are required in the next five
years.
STUDY ADMINISTRATION:
Final approval of the study and any development charges
rests with Kincardine Town Council.
Council has established the following staff committee to
advise and coordinate the study:
Clerk-Administrator
Treasurer
Manager of Public Works
Manager - P. u. C.
- R.R. Shaw, B.A., A.M.C.T.
- M.A. couture, A.M.C.T.
- R. Trautmann C.E.T.
- H. Watson
At a minimum the consultant should anticipate two meetings
with the staff committee and two meetings with Town Council
(including the public meeting).
The consultant shall circulate agendas and keep minutes for
all meetings.
PROPOSAL CONTENTS:
The proposal should include the consultant's interpretation
of the requirements of the study, together with a
description of the approach planned to facilitate carrying
out the terms of reference, schedule of tasks and decision
point. In addition the consultant should provide:
a) a statement of experience related to municipal finance
particularly as it relates to this study;
a list of any sub-consultants to be engaged by the
prime consultant, with details of the areas for which
each is responsible;
c) a list of key personnel who will be assigned to the
project, identifying the areas of expertise of each;
b)
d) a detailed cost estimate for the study to include
manpower costs per individual, the per diem rate and
the proportion of costs for each part of the study;
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Development Charges study
December, 1990
Page 4
e) a work plan including key decision points, timing of
work and meetings with staff and Council;
g) a list of any client ( s ) in the County of Bruce.
EVALUATION OF PROPOSALS:
Each proposal will be evaluated
following:
by Council on
the
a) the consultant's understanding of the terms of
reference and the scope of the projects;
b) the approach used to fulfill the terms of reference;
c) the experience, expertise and organization of the
consultant; and,
d) costs and timing.
Consultants may be invited to interviews in Kincardine
conducted by the staff committee, the mayor, the chair of
'~finance and the chair of economic development. At the
interview, the consultant's project leader should be
prepared to make a verbal presentation of approximately 20
minutes outlining the proposed method of executing the
study.
Following the study, Council
consultant.
may select a preferred
AWARD OF CONTRACT:
The study shall be carried out under a simple contract only
including the terms of the terms of reference and any items
contained in the consultant's proposal and accepted by
Council.
The Town may accept any of the proposals they receive or
may accept none at all as they see fit in their absolute
discretion.
RRS/rmg - 12/12/90
Rev. 12/21/90