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HomeMy WebLinkAboutKIN 91 026 Development Charges -. . -- 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 ':.... ~ ~ t . ..... . . 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. . ../2 . . ~ ," >~ , 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. .../3 . I \ ,"..' . 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 .. ./4 \ Marshall Macklin Monaghan Agreement March 21, 1991 Page 4 . 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. . 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. .. ./5 ",....,.- . ' ~.,. '" Marshall Macklin Monaghan Agreement March 21, 1991 Page 5 1.22 ~ . 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 . 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). . ../6 ",...".... "..".,. - ~ . \ Marshall Macklin Monaghan Agreement March 21, 1991 Page 6 . 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. . .../7 . . " " , . " 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 ) ) ) ) ) ) ) ) ) ) THE CORPORATION OF THE TOWN OF KINCARDINE ",', ~ ; - - ""/--- '\..;<" - artner ," ~ -' d J.B. n, Hxecu~~~~e !~sid!mt HDgIneeiiDg .. P ~ ; ,_ ~ . , - , - .....,;;".'-' Partne C.S. Holtrop, Vice President BuDding HngiDeering . . , 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; .../2 /"" ~, '.".."'-- Development Charges study December, 1990 Page 2 d) . e) f) g) h) d) . 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. .. ./3 '\ . I 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; .. ./4 . . ~ ~ '. .. "'Y",:,-,:/,;~.,,,~,. 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