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Home My WebLink AboutJune 15, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, June 15, 2023 6:00 p.m. The June 15, 2023 Council Meeting will allow for a hybrid meeting function – you may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg 1. CALL TO ORDER A. Procedural resolution in accordance with Section 4.3 of By-law No. 2023-021 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. PRESENTATIONS A. Watson & Associates re Development Charges Kick-Off Presentation B. CJDL Consulting Engineers re Design and Implementation of the Capacity Upgrades to the Eden Sanitary Pumping Station Proposal C. Simon McLinden re Canoe Procurement Group of Canada 6. DELEGATIONS A. Jacob Hanlon re Food Cycle Science 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held June 1, 2023 B. Regular Council Meeting held June 1, 2023 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action Council Agenda June 15, 2023 2 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council A. Report PS-10/23 by Steve Adams, Manager of Public Works|Drainage Superintendent re RFP 23-01 Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance Award B. Report PS-11/23 by Steve Adams, Manager of Public Works|Drainage Superintendent re Bulk Item Curbside Pick-Up Spring Update 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-36/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent Application E40-23 Bonnefield Farmland, 55314 Jackson Line B. Report DS-37/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent Application E46-49-23 Nezezon and Howlett, 46 Chapel Street C. Report DS-38/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Subdivision Agreement – Jo-Lynn Pt. Burwell Inc. 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Lanark County re Support of Bill C-321 B. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re May 2023 Report C. Elgin County re May 23, 2023 County Council Highlights D. LPRCA re May 3, 2023 Board of Directors Meeting Minutes 13.1.2 Requiring Action A. Straffordville Community Committee re Request for Storage on Municipal Property Council Agenda June 15, 2023 3 13.2 Reports to Council A. Report TR-12/23 by Lorne James, Treasurer re PSAB 3450 Financial Reporting Impacts and Investments B. Report CAO-36/23 by Thomas Thayer, CAO|Clerk re Contract Extension / Amendment – Tenet Security Group Third Party By-law Enforcement Services C. Report CAO-37/23 by Thomas Thayer, CAO|Clerk re Shared Services Update 14. BY-LAWS A. By-law No. 2023-049 Being a by-law to amend By-law No. 2021-073 being a by-law to authorize the execution of a consulting agreement between the Corporation of the Municipality of Bayham and a+LINK Architecture Inc. B. By-law No. 2023-050 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Rail Tech Enterprises Inc. for Vienna Community Park Pavilion works C. By-law No. 2023-051 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Rail Tech Enterprises Inc. for Port Burwell Library Pavilion works D. By-law No. 2023-052 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Agatha’s Cleaning Services for provision of washroom maintenance services E. By-law No. 2023-053 Being a by-law to appoint municipal officers and employees for the Municipality of Bayham F. By-law No. 2023-054 Being a by-law to authorize the signing of a subdivision agreement between Jo-Lynn Pt. Burwell Inc. and the Corporation of the Municipality of Bayham 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-055 Being a by-law to confirm all actions of Council 18. ADJOURNMENT Development Charges Kick Off Meeting June 15, 2023 Municipality of Bayham 1 Agenda •Introductions •Legislative Changes: Bill 23 •Development Charges Overview •Exemptions, Current Rates, and Other Matters •Timelines and Next Steps •Questions 2 Development Charges (D.C.) Purpose: •To recover the capital costs associated with residential and non-residential growth within a municipality •The capital costs are in addition to what costs would normally be constructed as part of a subdivision (i.e. internal roads, sewers, watermains, sidewalks, streetlights, etc.) •Municipalities are empowered to impose these charges via the Development Charges Act (D.C.A.) 3 Legislative Changes to the D.C.A. 4 Municipality of Bayham History of D.C.’s 5 Amendments to D.C.A. 1997 1 Bill 73: January 2016 2 Bill 108: June 6, 2019 3 Bill 138: December 10, 2019 4 Bill 197: July 21, 2020 5 Bill 213: December 8, 2020 6 Bill 109: April 14, 2022 7 Bill 23: November 28, 2022 Planning Act (lot levies) D.C.A. 1989 D.C.A. 1997 •Mid 1950’s to 1989 •November 1989 to Aug.1999 •September 1999 to present Recap on the D.C. Legislation Changes Many of the changes to the D.C.A. were implemented as part of the Municipality’s 2022 Water and Wastewater D.C. study. These changes were provided through the following Bills: •Bill 108: More Homes, More Choice Act, 2019 •Provided timing of payment provisions (for Rental Housing, Institutional development, and non-profit housing), D.C. rate freeze for site plan and zoning by-law amendments, and allows for interest to be applied •Bill 138: Plan to Build Ontario Together Act, 2019 •Removed instalment payments for commercial and industrial •Bill 197: COVID-19 Economic Recovery Act, 2020 •Provides a list of D.C. eligible services, classes of services, and removal of the 10% mandatory deduction and 10-year planning horizon •Bill 213: Better for People, Smart for Business Act, 2020 •Mandatory exemption for universities •Bill 109: More Homes for Everyone Act, 2022 •Additional reporting requirements Since the completion of the 2022 D.C. Study, further legislative changes have been made to the D.C.A. through Bill 23, More Homes Built Faster Act, 2022 (discussed further on the next slides).6 •The Province passed Bill 23: More Homes Built Faster Act, 2022 on November 28, 2022 •This Bill amends a number of pieces of legislation, including the Development Charges Act (D.C.A.), and the Planning Act •These changes impact development charges (D.C.s), community benefits charges (C.B.C.s), and parkland dedication •The changes provided through Bill 23 would negatively impact the Municipality’s ability to collect revenues to fund growth- related capital expenditures. 7 Changes to the D.C.A. Bill 23 Changes to the D.C.A. Additional D.C. Exemptions: •Affordable Rental Unit: Where rent is no more than 80% of the average market rent, as defined by a new Bulletin,published by the Ministry of Municipal Affairs and Housing. •Affordable Owned Unit: Where the price of the unit is no more than 80% of the average purchase price, as defined by a new Bulletin, published by the Ministry of Municipal Affairs and Housing. •Attainable Unit: Excludes affordable units and rental units, will be defined as prescribed development or class of development and sold to a person who is at “arm’s length” from the seller. •Note: for affordable and attainable units, the municipality shall enter into an agreement which ensures the unit remains affordable or attainable for 25 years. •Inclusionary Zoning Units: Affordable housing units required under inclusionary zoning by-laws •Non-Profit Housing: Non-profit housing units are exempt from D.C. installment. Outstanding installment payments due after this section comes into force will also be exempt from payment of D.C.s. •Additional Residential Unit Exemptions (units in existing rental buildings, 2nd and 3rd units in existing and new singles, semis, and rowhouses) 8 Bill 23 Currently NOT in force Currently in force Changes to the D.C.A. D.C. Discounts: •Rental Housing Discount (based on number of bedrooms –15%-25%) D.C. Revenue Reduction: •Removal of Housing as an Eligible D.C. Service •Capital Cost Amendments (restrictions to remove studies and land) •Mandatory Phase-In of D.C. (Maximum charge of 80%, 85%, 90%, 95%, 100% for first 5 Years of the by-law) -These rules apply to a D.C. by-law passed on or after January 1, 2022 •Historical Levels of Service from 10 years to 15 years 9 Bill 23 Changes to the D.C.A. D.C. Administration: •Maximum Interest Rate for Installments and D.C. Freeze (maximum interest rate would be set at the average prime rate plus 1%) •Requirement to Allocate 60% of the monies in the reserve funds for Water, Wastewater, and Services Related to a Highway •D.C. by-law expiry extended to 10 years 10 Bill 23 Development Charges Overview Municipality of Bayham 11 Relationship Between Needs to Service Growth vs. Funding 12 Service New Growth/Users Development Charges Rates, Taxes, Reserves, etc. Methodology The following provides the overall methodology to calculating the charge: 1.Identify amount, type and location of growth 2.Identify servicing needs to accommodate growth 3.Identify capital costs to provide services to meet the needs 4.Deduct: i.Grants, subsidies and other contributions ii.Benefit to existing development iii.Amounts in excess of 15-year historical service calculation iv.D.C. Reserve funds (where applicable) 5.Net costs then allocated between residential and non-residential benefit 6.Net costs divided by growth to calculate the D.C. 13*Amended as per Bill 23 14 8. Specified Local Services The Process of Calculating a Development Charge under the Act that must be followed AnticipatedDevelopment 1. Estimated Increase in Need for Service 2. Ineligible Services Ceiling Re:Increased Need Needs That WillBe Met Examination of the Long-term Capital and Operating Costs for Capital Infrastructure D.C. Needs By Service Less: Uncommitted Excess Capacity Less: Benefit To Existing Development Less: Grants, Subsidies and Other Contributions D.C. By-law(s) Spatial Applicability D.C. Net Capital CostsCosts for new development vs. existing development for the term of the by-law and the balance of the period Amount of the Charge By Type of Development(including apportionment of costs - residential and non-residential) Financing, Inflation and InvestmentConsiderations 3.4. 5. 6. 11. 12. 15. 16. 13. 14. 9. Tax Base, User Rates,etc. Subdivision Agreements and Consent Provisions Consideration of exemptions, phase-ins, etc. 1 3 2 Non-Transit ServicesHistorical Service Standard 4a. Transit ServicesForward-looking Service Standard 4b. Asset Management Plan for All Capital Projects to be Funded by D.C.s 7. Non-Transit Services Financially Sustainable 7a. Transit Services Detailed Requirements 7b. 10. D.C. Eligible Services 1.Water 2.Wastewater 3.Storm water drainage 4.Services related to a highway 5.Electrical power services. 6.Toronto-York subway extension. 7.Transit 8.Waste diversion 9.Policing Services 10.Fire protection 11.Ambulance 12.Library 13.Long-term Care 14.Parks and Recreation 15.Public Health services 16.Childcare and early years services 17.Housing services 18.Provincial Offences Act 19.Emergency Preparedness 20.Airports (Waterloo Region only) 15 *Current D.C. Services *Amended as per Bill 23 Potential Municipal Wide D.C. Services •Based on Schedule 40 of the Municipality’s FIR, the following services could potentially be included as part of the D.C. analysis: •Services Related to a Highway; •Fire Protection Services; •Police Services; •Parks and Recreation; •Library Services; and •Waste Diversion. 16 Service Standards •Service Standard measure provides a ceiling on the level of the charge which can be imposed •D.C.A., 1997, as amended, provides that the ceiling is based on the “average of the past 15 years” •The D.C.A. requires a detailed review of service levels and requires consideration of both “quality” and “quantity” measures •This involves reviewing capital inventories in detail over past 15 years •Note that this measure does not apply to water, wastewater, storm water and Transit (which now has a forward-looking service standard) 17*Amended as per Bill 23 Service Standard Example 18 Municipality of ABC Service Standard Calculation Sheet Class of Service:Public Works - Facilities Unit Measure:sq.ft. of building area Description 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Bld'g Value ($/sq.ft.) Value/sq.ft. with land, site works, etc. Works Garage #1 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 $250 $279 Works Garage #1 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 11,500 $250 $279 Works Garage #1 - - - - - 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 $250 $279Sand / Salt Dome #1 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 $115 $130 Sand / Salt Dome #1 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 6,000 $115 $130 Sand / Salt Dome #1 - - - - - 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 $115 $130 Total 35,500 35,500 35,500 35,500 35,500 49,500 49,500 49,500 49,500 49,500 49,500 49,500 49,500 49,500 49,500 Population 101,540 101,753 101,967 102,180 102,394 103,188 103,982 103,188 103,982 104,777 105,571 106,365 106,968 107,295 108,025 Per Capita Standard 0.3496 0.3489 0.3482 0.3474 0.3467 0.4797 0.4760 0.4797 0.4760 0.4724 0.4689 0.4654 0.4628 0.4613 0.4582 15 Year Average 2008-2022 Quantity Standard 0.4294 Quality Standard $224Service Standard $96 D.C. Amount (before deductions)20 Year Forecast Population 35,653 $ per Capita $96 Eligible Amount $3,424,114 19 Service Standard Example Municipality of ABCService Standard Calculation Sheet Service:Public Works - Facilities Unit Measure:Value of facilities ($) Description 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Works Garage #1 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 3,348,000 Works Garage #1 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 3,208,500 Works Garage #1 - - - - - 1,953,000 1,953,000 1,953,000 1,953,000 1,953,000 1,953,000 1,953,000 1,953,000 1,953,000 1,953,000 Sand / Salt Dome #1 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 Sand / Salt Dome #1 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 Sand / Salt Dome #1 - - - - - 910,000 910,000 910,000 910,000 910,000 910,000 910,000 910,000 910,000 910,000 Total 8,116,500 8,116,500 8,116,500 8,116,500 8,116,500 10,979,500 10,979,500 10,979,500 10,979,500 10,979,500 10,979,500 10,979,500 10,979,500 10,979,500 10,979,500 Population 101,540 101,753 101,967 102,180 102,394 103,188 103,982 103,188 103,982 104,777 105,571 106,365 106,968 107,295 108,025 Per Capita Standard 79.93 79.77 79.60 79.43 79.27 106.40 105.59 106.40 105.59 104.79 104.00 103.22 102.64 102.33 101.64 15 Year Average 2008-2022 Service Standard $ per Capita $96 Capital Costs •Capital Cost definition has been broadened to include: •Acquire land or interest in land •Improve land •Acquire, lease, construct or improve buildings, facilities and structures (includes furniture and equipment) •Equipment and rolling stock •Capital component of a lease for the above •Circulation materials for Libraries •Interest on money borrowed to pay for the above •Any planning horizon for future capital needs can be used, except for Transit (which is limited to 10 years) •Capital costs must be reduced by grants, subsidies and other contributions. •May include authorized costs incurred or proposed to be incurred by others on behalf of a municipality/local board 20*Amended as per Bill 23 (see next slide) Limitations on Capital •Certain Capital Costs may not be included: •Parkland Acquisition •Vehicle & Equipment with avg. life of <7 yrs. •Computer Equipment that is not integral to the delivery of the service •Studies •Possible removal of land acquisition for services (yet to be defined by the regulations) 21*Amended as per Bill 23 22 Capital Example Municipality of ABC Class of Service:Public Works Less:Potential D.C. Recoverable Cost Residential Share Non- Residential Share 2023-2042 73% 27% 1 New Garage 2024 5,000,000 - 5,000,000 3,000,000 1,250,000 750,000 547,500 202,500 2 Expand Garage #2 2032 1,500,000 - 1,500,000 - 1,500,000 1,095,000 405,000 3 Expand Sand / Salt Dome #2 2032 300,000 - 300,000 - 300,000 219,000 81,000 4 Expand Garage #3 2045 1,500,000 1,500,000 - - - - - 5 Expand Sand / Salt Dome #3 2045 300,000 300,000 - - - - - Total 8,600,000 1,800,000 - 6,800,000 3,000,000 1,250,000 2,550,000 1,861,500 688,500 Service Standard 3,424,114 Amount Utilized 2,550,000 Available 874,114 Prj. No Post Period Benefit Other Deductions Net Capital Cost Increased Service Needs Attributable to Anticipated Development Timing (year) Gross Capital Cost Estimate (2023$) Benefit to Existing Development Grants, Subsidies and Other Contributions Attributable to New Development Total Summary of the D.C. Calculation 23 $Cost of Infrastructure Required to Accommodate Growth Residential and Non- residential Growth Development Charge per Unit (for Residential Growth) Development Charge per Sq.ft. (for Non-residential Growth) Development Charges Local Service Policies •Section 59.1(1) and (2) of the Act “No Additional Levies” -prohibits municipalities from imposing additional payments or requiring construction of a service not authorized under the D.C.A. therefore, need to be clear: •What will be included in the D.C.; and •What will be required by developers as part of their development agreements •Items considered in Local Service Policies may include: •Local, rural, collector & arterial roads, •Intersection improvements & traffic signals, •Streetlights & sidewalks, •Bike Routes/Bike Lanes/Bike Paths/Multi-Use Trails/Naturalized Walkways, •Noise Abatement Measures, •Land dedications/easements, •Water, Wastewater & Stormwater, and •Park requirements. 24 Local Service Policy 25 WATER WASTEWATER SWM Roads Supply Treatment Treatment Storage Biosolids Municipal-Wide Development Charge Large System Pumping Large System Pumping Arterial Roads External to Development Large Trunks Large Trunks Collector Roads External to Development Localized Area Pumping Localized Area Pumping Drain Enclosures, land, Traffic Signalization Internal or External to Development localized PS, Large Mains Large Mains SWM Ponds and Large Mains Traffic Control Systems Direct Developer Responsibility (i.e. Local Service) Small Local Mains Small Local Mains Local Mains Road Improvements for Access Internal Local Roads, Sidewalks, Streetlights and associated infrastructure Allocations of Services Included in Capital Charges D.C. Exemptions. Current Rates, and Other Matters 26 Municipality of Bayham Exemptions Mandatory Exemptions •Upper/Lower Tier Governments and School Boards; •Industrial building expansions (may expand by 50% with no D.C.); •May add up to 2 apartments in an existing or new detached, semi-detached, or rowhouse (including in an ancillary structure); •Add one additional unit or 1% of existing units in an existing rental residential building; •Development of lands intended for use by a university that receives operating funds from the Government (as per Bill 213); •Affordable and Attainable units (to be in force at a later date); •Affordable inclusionary zoning units; •Non-profit Rental Housing; •Discount for Rental units based on bedroom size; and •Phase-in of D.C.s. Discretionary Exemptions •Reduce in part or whole D.C. for types of development or classes of development (e.g. industrial or churches); •May phase-in over time; and •Redevelopment credits to recognize what is being replaced on site (not specific in the Act but provided by case law);27 Discretionary Exemptions Current Discretionary Exemption (Water and Wastewater D.C.) •Non-residential uses Common Discretionary Exemptions •Places of worship •Bona fide farm buildings (but not the house) •Industrial development •Downtowns or infill development •Brownfield redevelopment •Hospitals •University or college •Non-profit or affordable housing 28 Development Charges (By-law 2022-067) 29 Settlement Area Singles and Semi-Detached Multiples Apartments 2+ Bedrooms Apartments 1 Bedroom or less Port Burwell Water Services 3,955$ 2,748$ 1,942$ 1,235$ Wastewater Services 11,329$ 7,870$ 5,562$ 3,536$ Total Port Burwell 15,284$ 10,618$ 7,504$ 4,771$ Vienna Water Services 4,015$ 2,789$ 1,971$ 1,253$ Wastewater Services 12,951$ 8,997$ 6,358$ 4,043$ Total Vienna 16,966$ 11,786$ 8,329$ 5,296$ Straffordville Wastewater Services 12,951$ 8,997$ 6,358$ 4,043$ Total Straffordville 12,951$ 8,997$ 6,358$ 4,043$ Eden Wastewater Services 12,951$ 8,997$ 6,358$ 4,043$ Total Eden 12,951$ 8,997$ 6,358$ 4,043$ Richmond Water Services 13,506$ 9,382$ 6,630$ 4,216$ Total Richmond 13,506$ 9,382$ 6,630$ 4,216$ *Note the above charges are subject to the Bill 23 Phase In Other Matters 30 •Excess Capacity –any excess capacity in the system cannot be recovered in the D.C. unless council had expressed a clear intention to recover these costs at or before the time the capacity was created •Cross Subsidization -the act clarifies that a cost recovery shortfall from one type of development may not be made up through higher charges on other development. However, it also clarifies that the charge for any particular development does not have to be limited to the cost increase attributable to that development •An examination, for each service to which the development charge by-law would relate, of the long-term capital and operating costs for capital infrastructure required for the service •It is mandatory that a D.C. Background Study be prepared and be available to the public (along with a draft D.C. by-law) at least two weeks prior to the public meeting and a minimum of 60 days before by-law passage. •Prescribed Index -use of the Statistics Canada Quarterly, Non-Residential Building Construction Price Index (NRBCPI Table 18-10-0276-02) Emerging Issues 31 There have been several emerging issues that are resulting in refinements to many D.C. by-laws over the past few years, including: •Refining definitions on new types of housing (e.g. back-to-back townhouses, stacked townhouses, live/work units) •Cannabis facilities, agriculture and bona fide farms •Categories of Residential Charges •Apartments (Halton Decision) •Special Care/Special Dwelling Units (Affordable Housing) •Accessory/Secondary Suites (Affordable Housing) •Conservation Authority (Halton Decision) •Bona fide Farms –(ma/pa vs. larger operations) •Places of Worship (portion for worship only) Timelines and Next Steps 32 Municipality of Bayham Draft Timelines 33 Council Consideration of By-law Public Meeting of Council Release of Background Study Calculations and Policy Review Growth Forecast Development Meetings with Municipal Staff Kick-off Presentation July 2023 –November 2023 June 15, 2023 December 2023 Early 2024 60 days after release of background study Next Steps •Municipality staff to be provided the following: •Information request document (demographics and financial items) •Excel Spreadsheets will be provided to allow staff to populate information related to historical service standards and capital sheets for eligible services. •D.C. Checklist to be provided to staff outlining the legislative requirements, examples of notices required of the public meeting and by-law passage. •Timelines to be refined. •Meetings with Council and the Public to be scheduled so that internal deadlines can be set for gathering and providing required data, review of information by the consulting team, and internal staff interviews with staff and the consulting team can be set. 34 Questions 35 Questions PROPOSAL FOR CONSULTING ENGINEERING SERVICES TO THE MUNICIPALITY OF BAYHAM FOR DESIGN & IMPLEMENTATION OF CAPACITY UPGRADES TO THE EDEN SANITARY PUMPING STATION (SPS NO. 1) 23028 8 June 2023 i Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville, Ontario N0J 1Y0 RE: PROPOSAL FOR ENGINEERING CONSULTING SERVICES DESIGN & IMPLEMENTATION OF CAPACITY UPGRADES TO THE EDEN SANITARY PUMPING STATION (SPS NO. 1) MUNICIPALITY OF BAYHAM ATTENTION: MR. ED ROLOSON, MANAGER CAPITAL PROJECTS – WATER/WASTEWATER OPERATIONS Dear Sir: The following proposal for engineering services is provided in response to a written request from your office, and subsequent site meeting, to explore alternatives and implement the detailed design of capacity upgrades to the Eden Sanitary Pumping Station (SPS No. 1). This proposal submission package demonstrates our related project experience and overall ability to fulfill the requirements of the Municipality of Bayham. Cyril J. Demeyere Limited (CJDL), based in Tillsonburg, Ontario was established as a Consulting Engineering firm in 1963, specializing in municipal engineering projects. For more than sixty years, CJDL has successfully earned a reputation for a track record of excellence in delivering projects on-time and within budget for numerous municipalities and private developers having participated in all aspects of Municipal Reconstructions as the Consulting Engineer including design, tendering and contract administration. Our main municipal clients have included Town of Aylmer, Oxford County, Town of Tillsonburg, City of St. Thomas, Norfolk County, Municipality of Bayham, Haldimand County, Township of Malahide, and Elgin County. We would like to thank you in advance for the opportunity to propose our services, and we look forward to a continued successful working relationship with the Municipality of Bayham. If there are any questions, or if any additional information is required, please do not hesitate to contact this office. Respectfully Submitted, Peter Penner, P. Eng. ii TABLE OF CONTENTS 1.0 EXPERIENCE AND QUALIFICATIONS OF PROJECT TEAM ................................................... 1 2.0 PROJECT EXPERIENCE ....................................................................................................... 3 2.1 COMPANY EXPERIENCE ..................................................................................................... 3 3.0 PROJECT UNDERSTANDING AND WORK PLAN ................................................................. 4 3.1 PROJECT UNDERSTANDING ............................................................................................... 4 3.2 DETAILED WORK PLAN ...................................................................................................... 4 3.3 DETAILED SCHEDULE ......................................................................................................... 6 4.0 QUALITY ASSURANCE AND CONTROL (QA/QC) ................................................................ 7 5.0 CONFLICT OF INTEREST STATEMENT ................................................................................ 8 6.0 PROPOSED ENGINEERING FEES ........................................................................................ 8 APPENDIX ‘A’ BREKADOWN OF ENGINEERING HOURS AND ASSOCIATED COSTS CJDL – 2023 BILLING RATES CJDL – 2023 SCHEDULE OF CHARGES FOR REIUMBURSABLE EXPENSES APPENDIX ‘B’ PROJECT SCHEDULE Page 1 of 13 1.0 EXPERIENCE AND QUALIFICATIONS OF PROJECT TEAM For this assignment, CJDL presents the following senior Project Team that have worked together successfully on numerous similar projects. Following below is a brief description of the key Team. CJDL commits to having a senior staff member attend all design meetings. Project Manager – Peter J. Penner, P.Eng. Education:B.Sc. (Eng.), Water Resource Engineering, University of Guelph Professional Affiliations: Licensed Member, Professional Engineers Ontario Member, Ontario Society of Professional Engineers Professional Experience: 1989 – Date Cyril J. Demeyere Limited Peter Penner, having more than 34 years of professional engineering experience, will be the supervising Project Manager for this project. Peter has previously assumed the Project Manager roll for many large municipal projects for the Town of Aylmer, Oxford County, Town of Tillsonburg, Township of Malahide, Municipality of Bayham, County of Elgin and other local municipalities over the past 10 years. He has also assumed the same role for several private developers. Acting as the Project Manager for the Bayham Sanitary Sewage Capacity Study, and as the Engineering Peer Review Consultant for the Municipality of Bayham, Peter has extensive experience in municipal design and management practice. Peter worked with municipal staff to assess the existing sanitary system and develop capacity review criteria and condition assessments. Many years of practical experience have proven beneficial when reviewing state of existing infrastructure and considering upgrades to accommodate future growth. Many recent projects have been subject to tight schedules dictated by funding requirements and have been completed on time to meet the requirements. Peter stays involved frequently with the Project Team and identifies the critical steps in the planning, design, and approval process to ensure the project is completed on time and on budget. Design Engineer – Alex Muirhead, EIT Education:B.A.Sc., Civil Engineering, University of Ottawa B.Sc., Computing Technology, University of Ottawa Professional Affiliations: Registered Engineering Intern (EIT), Professional Engineers Ontario Professional Experience: 2020 – Date Cyril J. Demeyere Limited 2019 – 2020 McIntosh Perry Consulting Engineers Limited Alex Muirhead will be the Design Engineer for this project. Alex has more than 4 years of engineering design and inspection experience in all stages of civil and municipal engineering projects including subdivision design, grading and servicing design, roadway geometric design, infrastructure capacity analysis and contract administration/inspection. Alex has proven management and engineering skills from working on both private and public sector projects throughout Oxford County, Elgin County, Norfolk County, Haldimand County, Middlesex County, the City of St. Thomas, the City of London and the City of Thorold. Alex is familiar with all application codes, standards, and regulations required for effective design evaluation. Alex’s experience and proven success makes him a valuable asset to this project. Page 2 of 13 Senior Engineering Technologist – Andrew Vranckx, Associate C.E.T. Education:Mechanical Engineering Technology, Conestoga College Professional Experience: 2007 – Date Cyril J. Demeyere Limited Andrew Vranckx has over 16 years of drafting and design experience and will be the AutoCAD Technologist responsible for compiling background information necessary to complete design, leading CJDL’s drafting staff in preparation of plans. Andrew has been the primary Design Technologist responsible for master drawing production and conceptual/preliminary design drawings for many recent municipal reconstruction projects all in accordance with relevant design standards, including Oxford County, City of St. Thomas, Municipality of Central Elgin and the Town of Aylmer. Andrew has experience with design in a supervision role, and has been involved in all stages of projects in the Civil engineering field since 2007. Sub-Consultants: It is anticipated that a review of the existing natural environment will be required by a licensed Environmental Consultant. There are not anticipated to be any items of significance found on-site and this proposal has been prepared accordingly. It is likely that the same environmental consultant can be retained as was used for the adjacent proposed subdivision, to streamline the review process. A $2,500 allowance for this work has been included in the breakdown of project costs. It is anticipated that a review of the native subgrade conditions will be required including one (1) borehole and potential monitoring well installation. This geotechnical investigation will provide recommendations for soil bearing capacity and groundwater data for any proposed infrastructure for the pumping station. Existing subsurface data from the original sanitary conveyance system and pumping station design did not demonstrate any major items of concern, and this proposal has been prepared accordingly. A $2,500 allowance for this work has been included in the breakdown of project costs. It is understood that the adjacent proposed subdivision was assessed for archaeological potential and may have inadvertently assessed the undeveloped portion of the pumping station property. It is further understood that a Stage 1 and Stage 2 Archaeological Assessment was completed on adjacent lands and that a Stage 3 assessment was not found to be warranted. Confirmation of adequate investigation on the pumping station site will need to be confirmed with the Archaeological Consultant. The project schedule has been prepared with an understanding that the archaeological component of the project will not cause delays. A $2,500 allowance for this work has been included in the breakdown of project costs. Page 3 of 13 2.0 PROJECT EXPERIENCE 2.1 COMPANY EXPERIENCE Our firm has completed numerous sewage and water projects in the past for the Municipality of Bayham and surrounding municipalities. The following is a partial list of sanitary projects that are similar in nature to the Eden Sanitary Pumping Station project: 2.1.1 SANITARY CAPACITY STUDY · 2008 Bayham Sewage Capacity Study · 2020 Bayham Sanitary Sewage Capacity Study · 2022 Bayham Sanitary Pumping Station Capacity Study 2.1.2 SANITARY DISTRIBUTION · Community of Eden – Gravity Sewer Network · Community of Straffordville – Gravity Sewer Network · Community of Vienna – Gravity Sewer Network · Straffordville SPS No. 2 to MH SA8 – 150mmø Forcemain · Straffordville SPS No. 3 to MH SA45 – 50mmø Forcemain · Straffordville SPS No. 4 to MH SA45 – 50mmø Forcemain · Port Burwell East Beach – Sanitary Pumping Station 2.1.3 WASTEWATER TREATMENT PLANT · Port Burwell WWTP Exfiltration Gallery – Collection Drains · Port Burwell WWTP – Gravity Outfall and Septage Receiving Station 2.1.4 ENVIRONMENTAL ASSESSMENTS · Town of Aylmer – Replacement of Existing Water Tower Facility – Schedule B · Township of Malahide – Broadway Street Culvert – Schedule B · Township of Malahide – Pressey Line Culverts – Schedule A+ · Oxford County – Tillsonburg North Street, Oxford Road 20 – Schedule C Page 4 of 13 3.0 PROJECT UNDERSTANDING AND WORK PLAN 3.1 PROJECT UNDERSTANDING It is our understanding that the Municipality of Bayham is seeking a qualified engineering consultant to determine the preferred option for capacity upgrades to the Eden sanitary pumping station (SPS No.1). In accordance with the Municipal Class Environmental Assessment Manual prepared by the Municipal Engineers Association (2015 version), this project is required to follow a Schedule ‘B’ Class Environmental Assessment (Class EA) process for increasing wastewater pumping station capacity by adding or replacing equipment and appurtenances, where new equipment is located in a new building or structure. CJDL’s fees and schedules for this work have been structured accordingly. CJDL will review sanitary sewage conveyance and storage requirements with respect to the Design Guidelines for Sewage Works (MECP, 2008), Design Criteria for Sanitary Sewers, Storm Sewers and Forcemains for Alterations Authorized under Environmental Compliance Approval (MECP, 2023) and the Municipality of Bayham Design and Construction Standards (Spriet Associates London Ltd., 2018). The Bayham Sanitary Pumping Station Capacity Study (CJDL, 2022) will be referenced in unison with the Vacant Land Inventory completed by IBI Group (2019). Supplemental data regarding existing pump cycling, timing and operating parameters will be obtained from the Municipality throughout the Class EA process. Detailed design calculations will be completed to assess potential solutions to upgrade the existing capacity of the pumping station. Consideration will be given to physical site constraints, impact to the existing system, adjacent land use and development, and costing. Once a preferred alternative has been determined, CJDL will work with the Municipality towards completing detailed contract drawings, obtaining required approvals from the MECP, tendering the work, and completing inspection and contract administration at the time of construction. As a value-added service, CJDL will work with the Municipality to determine if additional approved capacity will be granted by the MECP for SPS No.2 & 5 in Straffordville and SPS No.6 in Vienna, based on actual operating conditions noted in the Bayham Sanitary Pumping Station Capacity Study (CJDL, 2022). If the MECP should require additional information/reporting beyond the Bayham Sanitary Pumping Station Capacity Study, extra work can be completed on an hourly basis. Hourly rates of CJDL team members are additionally included in Appendix ‘A’ of this report. 3.2 DETAILED WORK PLAN 3.2.1 Project Initiation a.Following award of the contract, CJDL will quickly move to finalize the project requirements with the Project Team and prepare an agenda and chair a project initiation meeting to confirm the Municipality’s requirements and expectations including Class EA schedule, detailed design schedule, timing for approvals through to construction, preferred capacity expansion methodologies and prepare the requisite Agency Stakeholder list. b.CJDL will determine the proposed level of consultation with First Nations communities, municipalities and applicable agencies (MECP, MNR, LPRCA, etc.), landowners (existing residents or vacant land owners), and other applicable stakeholders and review with the Municipality at the project start up meeting. CJDL believes in meaningful consultation with key stakeholders throughout the advancement of the project. Additional contact with key stakeholders will be considered, if deemed necessary, to ensure their needs are well represented. CJDL has Page 5 of 13 successfully completed this additional level of consultation on Class EAs in the past and believe a stronger end product has been realized as a result. Notice of Study commencement will be published. c.Following the project start up meeting, CJDL will obtain proposals from the required subconsultants noted above (environmental, archaeological and geotechnical) to prepare required supporting documentation and assessments. d.CJDL will work with the Municipality to obtain any additional background data regarding operating conditions for the existing pumping station including but not limited to cycle times and design float levels. 3.2.2 Exploration of Servicing Options a.Following the completion of the initiation stage of the project, the Problem or Opportunity Statement will be developed. b.Prior to completing any detailed design calculations, CJDL will complete a review of the Bayham Sanitary Pumping Station Capacity Study to confirm the parameters of future development considered. c.Alternative solutions to the Problem or Opportunity Statement will be developed. The alternative solutions will each be evaluated based on their natural, social, and economic impact. Graphics and charts will be created to clearly illustrate the potential impact of each; to be used at the Public Information Centre. d.Each design alternative will investigate and examine alternative equipment, materials and layouts to arrive at the most cost-effective design solutions to meet the Municipality’s servicing requirements respecting the engineering, operation, life cycle, quality and construction components of the project. e.Detailed system head, sanitary tributary inflow and stage-storage calculations will be used to evaluate each design alternative including timing considerations for sewage stagnation and septicity. f.CJDL will review all applicable codes and standards pertaining to the design and construction of the works, including approvals required from review agencies and establish contact with all required review agencies. g.Cost estimates will be prepared to evaluate the economic component of each alternative. CJDL will consider timing of potentially forthcoming residential development when reviewing design alternatives and preparing cost estimates. h.A project meeting with Municipality of Bayham staff is proposed prior to the Public Information Centre to ensure the project remains on schedule. Page 6 of 13 3.2.3 Public Consultation a.It is CJDL’s experience that a Public Information Centre (PIC) is an effective way to engage the public and solicit input. CJDL will prepare notices of advertisement for the PIC and circulate directly to required parties. It is anticipated the Municipality of Bayham will post on their website and social media accounts. b.At the PIC, CJDL will prepare display boards and figures for presentation; alternatives considered will be shown. CJDL will have a senior engineer present at the meeting to ensure all public inquiries are adequately addressed. Based upon anticipated attendance at the meeting, CJDL typically will host PICs as an informal “drop in” session; however, a public presentation can also be completed is warranted by attendance levels and/or preferred by the Municipality. 3.2.4 Class EA Completion a.A preferred alternative will be selected, based on all social, environmental, and economic factors considered, as well as public input received. CJDL staff will work closely with the Municipality of Bayham when considering alternatives and recommending the preferred solution, to ensure municipal staff concur with the project direction. b.The Schedule ‘B’ Municipal Class EA report will be finalized. Further design information on the preferred alternative will be provided and incorporated into the report. The report will contain detailed recommendations for the selected capacity upgrade solution, which will be utilized for detailed engineering design. c.The Class EA report will form part of the project file. The project file will be posted publicly and made available for review. A Notice of Completion will be issued. The public has the opportunity to request a “Part II Order” within 30 calendar days of notice publication. The Class EA report, including AutoCAD design files and design calculations, will be made available for the Municipality of Bayham. 3.2.5 Detailed Design & Tender Completion a.Once a preferred alternative has been determined and if no public or agency opposition has been expressed, CJDL can work on the detailed design of the selected solution, concurrent with finalization of the Class EA report. b.Engineering contract drawings will be prepared for review by the Municipality. Once the finalized design has been prepared, an application to the Municipality will be made under the Consolidated Linear Infrastructure (CLI) ECA approval process. One round of review and revisions for the Municipality have been carried in the cost of this work. If additional revisions are required that could not be reasonably anticipated, they will be completed on an hourly basis. If the Municipality does not have CLI ECA approval processes in place, the detailed design will need to be submitted to the Ministry to provide ECA approval, which will extend the timelines from those shown in the detailed schedule. Page 7 of 13 c.CJDL will prepare a detailed cost estimate for the Municipality to Bayham to utilize in obtaining council approval and potential funding grants for the works. d.Once CLI ECA approval has been received, and agreement for tender preparation has been obtained from the Municipality, the tender documentation will be prepared and made available for bidding by potential vendors. CJDL will work with the Municipality towards completion of the tender documents and applicable tender posting/circulation. Additional work required for bid inquiry responses and potential addendum preparation will be completed on an hourly basis. e.Once all vendor submissions have been received and an award has been granted, CJDL will work with the Municipality and selected vendor towards construction. 3.2.6 Construction Inspection & Contract Administration a.CJDL will work with the Municipality on review of any required shop drawings prior to ordering of materials. b.At the time of construction, CJDL will provide part-time inspection of the site works to ensure adherence to the design and contract documentation. c.CJDL will review any additional required documentation such as payment certificates, traffic control plans, etc. and liaise with Municipality throughout the duration of the work. d.After construction completion, CJDL will complete record drawings of the work and issue to the Municipality of their records. 3.3 DETAILED SCHEDULE CJDL confirms our capacity to assign a dedicated and focused project team with ability to commence with this assignment within one week of award, extending for the duration of this project. CJDL acknowledges that adequate discussions have occurred and the majority of relevant information has been provided to undertake the services provided herein and provide the scheduled deliverables with the Class EA portion of this project completed for MECP review by October 27, 2023 and the detailed design completed for municipal review by December 15, 2023. Subsequent application to approval authorities and tendering of project will follow. These completion dates are based on the assumption that written instruction to commence work is received on or around June 19, 2023. Please reference the detailed project schedule included in Appendix ‘B’. 4.0 QUALITY ASSURANCE AND CONTROL (QA/QC) CJDL is able to provide the Municipality of Bayham with the complete comprehensive Consulting Engineering professional services necessary to complete this assignment. On a daily basis, the Project Manager will effectively provide project and technical management to ensure design advances efficiently by reviewing progress to ensure that reporting and design are completed to the highest standards and that the Project Teams comments and any changes in scope or approach are being incorporated in the works. Recommendations from related studies and reports are also reviewed to ensure they are incorporated in the works. CJDL will have frequent project team meetings to ensure Page 8 of 13 team members are always aware of progress and any potential difficulties in the various aspects of the project. Communication is essential to an efficient design process. Prior to submissions to review agencies the Project Engineer does a detailed review of content for accuracy, completeness, and presentation. By utilizing the Project Team approach, we always strive to have a “second set of eyes” review work during all stages of the project to ensure work is completed accurately and efficiently. All QA/QC activities, issues, concerns and study status reports will be documented on a frequent basis and shared with the Town’s Team to ensure that we continue to maintain high quality of work. CJDL maintains general liability insurance ($5,000,000) and Automobile liability insurance ($2,000,000) of which the Municipality of Bayham may be added as additional insurers. CJDL additionally holds $5,000,000 in Professional Liability insurance. CJDL recognizes the Municipality will retain the ownership of all data derived from this assignment. Project documents and drawings will be prepared using metric units and include requisite plan requirements in accordance with the Municipality of Bayham’s requirements. 5.0 CONFLICT OF INTEREST STATEMENT CJDL is currently retained by a Land Developer to provide consulting engineering services for an adjacent residential development, west of the pumping station property. CJDL is also providing engineering services for the 11:28 Properties Inc. subdivision on the east side of Plank Road, south of Eden Line and Gray Street. CJDL’s involvement in these developments is not expected to cause any conflict of interest with the Eden Sanitary Pumping Station Capacity Upgrades Project. CJDL currently provides civil engineering peer review services to the Municipality of Bayham on an as needed basis. No conflict of interest is anticipated with the Eden Sanitary Pumping Station Project and CJDL’s current role with the Municipality. 6.0 PROPOSED ENGINEERING FEES Please see Appendix ‘A’ for the Breakdown of Engineering Hours and Associated Costs. Additional work not covered in the scope of this RFP will be charged by a per hour basis. Hourly rates of CJDL team members are additionally included and will apply to any extra work carried out. **** ** We believe that our engineering proposal fully addresses the requirements of the Municipality of Bayham’s Request for Proposal. The opportunity to submit this proposal is appreciated. If any further information or clarifications are required, please do not hesitate to contact this office. Respectfully submitted, Peter Penner, P. Eng. AVM/sd APPENDIX ‘A’ BREKADOWN OF ENGINEERING HOURS AND ASSOCIATED COSTS CJDL – 2023 BILLING RATES CJDL – 2023 SCHEDULE OF CHARGES FOR REIUMBURSABLE EXPENSES PROPOSED ENGINEERING COST ESTIMATE ENGINEERING CONSULTING SERVICES FOR CAPACITY UPGRADES TO THE EDEN SANITARY PUMPING STATION (SPS No.1) 23028 2023-06-08 TASK NO.DESCRIPTION OF TASK HRS.HRS.HRS.HRS.HRS.HRS.HRS.HRS.HRS.COST COST COST 1.0 PROJECT INITIATION 1.1 INTERNAL PROJECT INITIATION 1 2 1 1 1 1 7 $749 1.2 PROJECT INITIATION WITH MUNICIPALITY; COMPILE BACKGROUND INFORMATION; CONFIRM PROJECT SCHEDULE AND SCOPE 2 3 5 $650 1.3 DETERMINE LEVEL OF PROPOSED PUBLIC CONSULTATION, REVIEW WITH MUNICIPALITY 2 3 5 $650 1.4 SUBCONSULTANT REQUESTS AND COORDINATION (ARCHAEOLOGICAL, ENVIRONMENTAL, GEOTECHNICAL)1 2 3 $7,500 $7,878 2.0 EXPLORATION OF SERVICING OPTIONS 2.1 DEVELOP PROBLEM OR OPPORTUNITY STATEMENT 1 2 3 $378 2.2 REVIEW CURRENT AND FUTURE LAND USE AND ASSOCIATED DESIGN FLOW REQUIREMENTS 2 5 7 $862 2.3 SUBCONSULTANT DOCUMENTATION REVIEW AND ENGINEERING COORDINATION 1 2 1 4 $478 2.4 DEVELOP ALTERNATIVE DESIGN SOLUTIONS, DETAILED DESIGN CALCULATIONS 6 40 46 $5,236 2.5 EVALUATION OF ALTERNATIVE DESIGN SOLUTIONS; PREPARATION OF GRAPHICS FOR PIC.3 20 23 $2,618 2.6 COST ESTIMATES FOR ASSISTANCE IN COMPLETING ECONOMIC EVALUATION 2 10 2 14 $1,592 2.7 PROJECT MEETING (#2) WITH MUNICIPALITY 2 2 4 $544 3.0 PUBLIC CONSULTATION 3.1 PREPARE NOTICE OF PIC; PREPARE ALL PRESENTATION MATERIAL, DISPLAY BOARDS, ETC.2 8 8 8 8 34 $1,000 $4,252 3.2 HOST PUBLIC INFORMATION CENTRE; SOLICIT INPUT FROM RESIDENTS, STAKEHOLDERS, AGENCIES, ETC.2 2 4 $544 3.3 REVIEW COMMENTS RECEIVED AT PIC; SUMMARIZE FOR INCLUSION IN THE PROJECT FILE 2 4 6 $756 3.4 ADDITIONAL CONSULTATION WITH KEY STAKEHOLDERS (IF DEEMED NECESSARY)2 2 2 6 $744 4.0 CLASS EA COMPLETION 4.1 SELECT PREFERRED ALTERNATIVE AS THE RECOMMENDED SERVICING SOLUTION; FINALIZE PRELIMINARY DESIGN 4 15 19 $2,254 4.2 PROJECT COMPLETE; POST PROJECT FILE 5 20 8 8 41 $4,462 5.0 DETAILED DESIGN & TENDER COMPLETION 5.1 COMPLETE ENGINEERING CONTRACT DRAWINGS; FINALIZE DESIGN CALCULATIONS; INCLUDING 1 REVISION TO DRAWING SET 4 25 4 4 30 67 $3,000 $9,218 5.2 PREPARE DETAILED COST ESTIMATE 2 5 3 10 $1,162 5.3 APPLY FOR MECP APPROVALS; AMEND EXISTING COA; INCLUDING 1 REVISION TO DRAWING SET 1 4 2 2 15 2 26 $1,500 $3,742 5.4 PREPARE TENDER DOCUMENTS FOR POSTING 4 10 8 22 $2,524 5.5 COMPLETE REVIEW OF BID SUBMISSIONS; ASSIST MUNICIPALITY IN TENDER AWARD AND CONTRACT PREPARATION 2 2 1 5 $644 6.0 CONSTRUCTION INSPECTION & CONTRACT ADMINISTRATION 6.1 REVIEW OF SHOP DRAWINGS & PRE-CONSTRUCTION DOCUMENTATION 1 2 3 $378 6.2 PREPARE AGENDA AND HOST PRE-CONSTRUCTION MEETING 2 2 2 3 1 10 $1,117 6.3 PART TIME CONSTRUCTION INSPECTION 2 4 10 30 46 $3,500 $7,866 6.4 REVIEW OF PAYMENT CERTIFICATES AND PROJECT DOCUMENTATION 2 2 8 16 8 36 $3,568 6.5 COMPLETION OF RECORD DRAWINGS 2 6 2 2 16 6 8 42 $1,500 $5,326 TOTAL HOURS AND ASSOCIATED COSTS OF TEAM MEMBERS =62 204 9 25 70 26 57 45 498 $10,500 $7,500 $70,192 NOTES: 1. ALL MEETINGS INCLUDE ALLOCATED TIME FOR PREPARATION AND CIRCULATION OF MEETING AGENDAS AND MINUTES 2. AUTOCAD, PRINTING/POSTAGE, MILEAGE AND TOTAL STATION & GPS CHARGES 3. CONTINGENCY (10%) INCLUDES AN ALLOWANCE FOR ADDITIONAL REVISIONS/CORRESPONDENCE/REVIEW OF EXTRA WORKS TOWARDS AMENDMENTS TO THE EXISTING COA FOR SPS No.2 & 5 (STRAFFORDVILLE) AND SPS No.6 (VIENNA). $712 $0 $800 $4,462 $0 $0 $0 $0 $378 $0 $0 $0 $0 $2,254 $0 $0 $0 $756 $0 $0 $200 $744 $560 $800 $3,252 $0 $0 $0 $0 $544 $0 $0 $0 $0 $2,618 $0 $0 $0 $200 $1,592 $0 $0 $0 $0 $544 $0 $0 $862 $0 $0 $0 $100 $478 $0 $0 $0 $0 $5,236 $212 $848 $212 $424 $0 $0 $0 $0 $0 $712 $1,060 $1,060 $0 $0 $0 $0 $2,225 $4,900 $4,500 $52,192 $664 $2,650 $448 $356 $2,100 $0 $6,218 $0 $0 $300 $1,162 $224 $178 $1,050 $200 $2,242 $996 $498 $332 $10,292 $21,624 $4,240 $2,120 $1,008 $332 $212 $1,590 $2,120 $332 $530 $0 $166 $424 $664 $830 $332 $332 $332 $332 $212 $530 $212 $0 $0 $166 $332 $166 $650$332 $318 $0 $0 $0 $0$0 $378 $0 $0 $332 $318 $0 $0 $0 $0 $650 $166 $212 $112 $89 $70 $100$0 $0 $0 $749$0 SUB-CONSULTANTSTOTALCOST COST COST COST COST COST COST$70.00 / HOURSUE DAVISSENIOR ADMINISTRATOR$100.00 / HOURTEAM MEMBER TOTALSDISBURSEMENTS$112.00 / HOURTREVOR ACCIAROLISENIOR DESIGN TECHNOLOGIST$89.00 / HOURDESIGN TECHNOLOGISTCOST COSTPETER PENNER, P. ENG.PROJECT MANAGER$166.00 / HOURALEX MUIRHEAD, EITENGINEER IN TRAINING$106.00 / HOURANDREW VRANCKXSENIOR DESIGN TECHNOLOGISTJEFF VICKERSSENIOR FIELD SUPERVISOR$112.00 / HOURFIELD TECHNOLOGIST$83.00 / HOUR$0 $0 $0 $0 $0 $0 $0 $800 $2,524 $332 $212 $0 $0 $0 $100 $644 $0 $0 $0 $0 $0 $664 $166 $212 $0 $0 $0 $0 $378$0 $0 $332 $212 $0 $0 $0 $100 $1,117 $332 $424 $0 $0 $0 $0 $4,366 $224 $1,120 $249 $2,490 $0 $800 $3,568 $332 $636 $224 $178 $1,120 $0 $3,826 $896 $672 $1,328 $664 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,912 $4,731 $166 $212 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $332 $212 $0 $26,147 $1,000 $7,500 $34,647 HOURLY TOTALS = DISBURSEMENTS2 = SUB-CONSULTANT ALLOWANCES = SUB-TOTAL (EXCL. HST) = CLASS EA $12,790 $4,500 $0 $17,290 HOURLY TOTALS = DISBURSEMENTS2 = SUB-CONSULTANT ALLOWANCES = SUB-TOTAL (EXCL. HST) = DETAILED ENGINEERING DESIGN HOURLY TOTALS = DISBURSEMENTS2 = SUB-CONSULTANT ALLOWANCES = SUB-TOTAL (EXCL. HST) = SUB-TOTAL (EXCL. HST) = NON-REBATABLE HST (1.76%) = TOTAL UPSET LIMIT (INCL. HST) = CONSTRUCTION INSPECTION & CONTRACT ADMINISTRATION COMPLETE PROJECT CONTINGENCY (10%)3 =$7,019 TOTAL UPSET LIMIT (EXCL. HST) =$77,211 $70,192 $1,359 $78,570.12 $13,255 $5,000 $0 $18,255 2023 BILLING RATES (excl. HST) Hourly Rate($) Principal:Peter Penner 166.00 Senior Engineer:Andrew Gilvesy 160.00 Deren Lyle 160.00 Planning Technician Trevor Benjamins 89.00 Design Engineer Cameron Cluett 96.00 Engineer-in-Training Alexander Muirhead 106.00 Anumol Varghese 89.00 Graham Nickerson 67.00 Engineering Graduate Daniel Vandenbrink 88.00 Senior Design Technologist:Andrew Vranckx 112.00 Mike Reeves 98.00 Trevor Acciaroli 89.00 Design Technologist:Garion Davey 76.00 Rachel Haverkamp 76.00 Josh Hiemstra 65.00 Chandan 65.00 Akshay Kumar 65.00 Senior Surveyor:Trevor McElhone 112.00 Andrew Difazio 98.00 Senior Field Supervisor:Jeff Vickers 112.00 Mike Hamilton 112.00 Field Technologist:Josh Penner 89.00 Tyler Manikus 76.00 Daniel Karpovich 76.00 Senior Administrator:Sue Davis 100.00 Administrator:Karla Cyr Dianna Penner 2023 SCHEDULE OF CHARGES FOR REIMBURSABLE EXPENSES (excl. HST) 1. COMMUNICATIONS • Long distance telephone No charge • Advertising Cost borne directly by client • Special delivery/courier $20.00 2. TRAVEL • Automobile travel $0.70/km 3. REPRODUCTIONS Plotting (in house)Black & White Colour • Bond paper $0.33/sq.ft $3.33/sq.ft • Mylar Film $3.33/sq.ft $6.67/sq.ft Photocopies/Printing Black & White Colour 8-1/2 x 11 $0.20/copy $0.40/copy 8-1/2 x 14 $0.20/copy $0.40/copy 11 x 17 $0.40/copy $0.80/copy Other • Outside printing Cost 4. PROJECT SUPPLIES • Expendable Items Cost + 20±% (stakes, paint, etc.) 5. SPECIAL SERVICES • Special Consultations ) • Sub-surface investigations ) • Testing services ) Cost borne directly by client • Legal surveys ) • Sub-consultants ) 6. ELECTRONIC EQUIPMENT • AutoCad time $25.00/hour • Total Station & GPS $30.00/hour • WaterCad Model $40.00/hour • USB Memory Stick $8.00 each APPENDIX ‘B’ PROJECT SCHEDULE PROPOSED SCHEDULE ENGINEERING CONSULTING SERVICES FOR CAPACITY UPGRADES TO THE EDEN SANITARY PUMPING STATION (SPS No.1) 23028 2023-06-08 TASK DURATION NO.DESCRIPTION OF TASK WEEK BEGINNING:(WEEKS)MILESTONE 5 12 19 26 3 10 17 24 31 7 14 21 28 4 11 18 25 1 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15 22 29 5 12 19 26 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 1.0 PROJECT INITIATION 2 June 30, 2023 1.1 INTERNAL PROJECT INITIATION 1.2 PROJECT INITIATION WITH MUNICIPALITY; COMPILE BACKGROUND INFORMATION; CONFIRM PROJECT SCHEDULE AND SCOPE 1.3 DETERMINE LEVEL OF PROPOSED PUBLIC CONSULTATION, REVIEW WITH MUNICIPALITY 1.4 SUBCONSULTANT REQUESTS AND COORDINATION 2.0 EXPLORATION OF SERVICING OPTIONS 11 September 15, 2023 2.1 DEVELOP PROBLEM OR OPPORTUNITY STATEMENT 2.2 REVIEW CURRENT AND FUTURE LAND USE AND ASSOCIATED DESIGN FLOW REQUIREMENTS 2.3 SUBCONSULTANT DOCUMENTATION REVIEW AND ENGINEERING COORDINATION 2.4 DEVELOP ALTERNATIVE DESIGN SOLUTIONS, DETAILED DESIGN CALCULATIONS 2.5 EVALUATION OF ALTERNATIVE DESIGN SOLUTIONS; PREPARATION OF GRAPHICS FOR PIC. 2.6 COST ESTIMATES FOR ASSISTANCE IN COMPLETING ECONOMIC EVALUATION 2.7 PROJECT MEETING (#2) WITH MUNICIPALITY 3.0 PUBLIC CONSULTATION 8 September 15, 2023 3.1 PREPARE NOTICE OF PIC; PREPARE ALL PRESENTATION MATERIAL, DISPLAY BOARDS, ETC. 3.2 HOST PUBLIC INFORMATION CENTRE; SOLICIT INPUT FROM RESIDENTS, STAKEHOLDERS, AGENCIES, ETC. 3.3 REVIEW COMMENTS RECEIVED AT PIC; SUMMARIZE FOR INCLUSION IN THE PROJECT FILE 3.4 ADDITIONAL CONSULTATION WITH KEY STAKEHOLDERS (IF DEEMED NECESSARY) 4.0 CLASS EA COMPLETION 24 March 8, 2024 4.1 SELECT PREFERRED ALTERNATIVE AS THE RECOMMENDED SERVICING SOLUTION; FINALIZE PRELIMINARY DESIGN 4.2 PROJECT COMPLETE; POST PROJECT FILE 4.3 WAIT FOR MECP APPROVAL OF CLASS EA; CORRESPOND WITH MECP AS REQUIRED 4.4 RECEIVE MECP APPROVAL OF CLASS EA 5.0 DETAILED DESIGN & TENDER COMPLETION 21 March 29, 2024 5.1 COMPLETE ENGINEERING CONTRACT DRAWINGS; FINALIZE DESIGN CALCULATIONS; INCLUDING 1 REVISION TO DRAWING SET 5.2 PREPARE DETAILED COST ESTIMATE 5.3 APPLY FOR CLI ECA APPROVALS; INCLUDING 1 REVISION TO DRAWING SET 5.4 WAIT FOR CLI ECA APPROVALS; CORRESPOND WITH MUNICIPALITY AS REQUIRED 5.5 RECEIVE CLI ECA APPROVALS 5.6 PREPARE TENDER DOCUMENTS FOR POSTING 5.7 WAIT FOR TENDER PERIOD TO CLOSE; ANSWER BID INQUIRIES AS REQUIRED 5.8 COMPLETE REVIEW OF BID SUBMISSIONS; ASSIST MUNICIPALITY IN TENDER AWARD AND CONTRACT PREPARATION 6.0 CONSTRUCTION INSPECTION & CONTRACT ADMINISTRATION 9 June 28, 2024 6.1 REVIEW OF SHOP DRAWINGS & PRE-CONSTRUCTION DOCUMENTATION 6.2 PREPARE AGENDA AND HOST PRE-CONSTRUCTION MEETING 6.3 PART TIME CONSTRUCTION INSPECTION 6.4 REVIEW OF PAYMENT CERTIFICATES AND PROJECT DOCUMENTATION 6.5 COMPLETION OF RECORD DRAWINGS NOTES: 1. FOR APPROVAL OF DETAILED DESIGN, IT IS ASSUMED THAT THE MUNICIPALITY OF BAYHAM WILL HAVE CONSOLIDATED LINEAR INFRASTRUCTURE (CLI) ECA APPROVAL PROCESSES IN PLACE. IF SUBMISSION DIRECTLY TO THE MINISTRY IS REQUIRED, THIS WILL FACILITATE INCREASED TIMELINES FOR THE PROJECT SCHEDULE. 2024 January February ASSUMING WRITTEN INSTRUCTION TO COMMENCE WORK IS RECEIVED FROM THE MUNICIPALITY ON OR AROUND 19 JUNE 2023, THE FOLLOWING CHART INDICATES THE ESTIMATED COMPLETION TIME AND DATES FOR THE MAJOR PROJECT TASKS: June August September November DecemberJulyOctober 2023 OFF FOR THE HOLIDAYSMarch April May June WHO IS CANOE? ❖Cooperative buying group ❖Partnered with LAS in 2019 ❖Not-for-profit ❖Started in 1936 ❖Over 5,000 members across Canada, that include: •Urban and Rural Municipalities •School Districts •Regional Districts •Education •Not-for-Profit Organizations ❖Sourcewell’s Canadian Partner HOW DO WE HELP? ❖Save you money •Aggregated buying power across Canada, and as a result, have received preferred pricing for members. ❖Save you time •We go to tender on behalf of our members, so you do not have to. •BC BID •MERX •SaskTenders •Alberta Purchasing Connection •Service NB ❖Additional Benefits •Access to a wide variety of suppliers (300+) •Continue to work with local distributors •Member support throughout purchase process •No membership fee •Free quotes, cost analysis, member assessments •No minimum purchasing requirements/commitments HOW DO WE COMPLY? ❖Fair, open, transparent and non-discriminatory ❖Members must post a Notice of Intention to use the purchasing group •NOI will need to be posted annually, for 2 weeks •Required by the CFTA TRADITIONAL VS. COOPERATIVE PROCUREMENT Programs Benefits Program Program Benefits ❖Preferential pricing through economy of scale ❖Access to all major benefit providers in Canada ❖National servicing capabilities, with a local focus ❖Broad product offering customized to the needs of the public sector ❖Innovative proprietary products and customized services ❖Extremely strong supplier and carrier partner relationships ❖One-stop program support, consulting, and management integrated with your organization ❖Quarterly claims reporting, annual renewal analysis, market audits, and negotiations on your behalf Get to Know the Program ❖Group Benefits ❖Human Resource Solutions ❖Health Solutions ❖Group Retirement ❖Individual Benefits ❖Frequently Asked Questions Culverts Program Bridging quality and affordability. Program Benefits ❖High-quality, practical solutions for a wide range of construction needs ❖Reduced fluctuations and advanced notice of price changes in the industry ❖Flexible delivery options including self-pickup and direct or third-party shipping ❖Set price product discounts Tire Program Program Benefits ❖National account pricing, direct from Michelin and Goodyear ❖Expansive brand options through Kal Tire and Tirecraft ❖Retread options available ❖Additional services: •Tire tracking •Staff education opportunities Keep your municipality running Smoothly. Office Supplies Program All your office needs. All in one place. Program Benefits ❖Transparent and consistent pricing ❖Reduced administrative hassle ❖Fast and simple ordering via online portal ❖Free next day delivery on orders over $50 ❖Full service business supply, including office products, furniture, PPE, and more ❖Free cost analysis Auto Parts ProgramEssential parts for your success. ❖Access to wide range of auto part products and services for trucks, industrial vehicles, agriculture equipment, marine vehicles, etc. ❖24-hour delivery ❖Technical training and shop management training ❖Preferred pricing Fleet Upfitting Program Program Benefits ❖Full suite of fleet upfitting products, aftermarket accessories, install and service ❖Can be used for all types of fleet vehicles •Trucks (large and small) •Peace officer vehicles •Utility vehicles Build your fleet to work as hard as you do. Traffic Supplies Program Run smoothly. Run economically. Program Benefits ❖Full catalogue of standard and custom traffic signage solutions •LED •Solar •Thermoplastic pavement markings ❖Transparent and consistent pricing ❖No minimums ❖Reduced administrative hassle Geospatial Program Program Benefits ❖Vast catalogue of geospatial measurement and survey equipment ❖Transparent and consistent pricing When accuracy is your job, you need the best. Electrical Supply ProgramAdd some spart to your next project. Program Benefits ❖Access to wide range of products and services ❖Electrical wire, connectors, interior automation, smart home devices, etc. ❖Set price product discounts MRO Supplies Contract Established Q1, 2019 Program Benefits ❖Vast catalogue of category discounted items ❖Transparent and consistent pricing Capital Purchasing Program ❖Canoe posts the RFP solicitation concurrently with Sourcewell ❖Sourcewell has over 50,000 members ❖Contract number will be provided on every quote, PO and final invoice ❖Best value contracts ❖Trade-ins are available for additional discounts ❖Warranties are in place the same, as if you tendered yourself ❖Supplier contracts in any category can be compared QUESTIONS? MEMBER PROCUREMENT GUIDE A resource for getting started WELCOME TO CANOE! We are pleased to welcome you as a member of one of the largest cooperative purchasing groups in the country! As a member of the Canoe Procurement Group of Canada, you are positioned to take advantage of the combined purchasing power of more than 5,000 municipalities, public agencies, and not-for-profit organizations. This huge economy of scale means greater selection and best value pricing on the products and services you need to build, maintain, and grow your community. WHAT IS CANOE? The Canoe Procurement Group of Canada represents a partnership of municipal associations across the country. In operation since 1936, the purchasing group was created by its membership specifically to support public and non-profit organizations through mutually- beneficial, trade-compliant relationships with suppliers. Canoe is wholly owned and operated by its membership through a not-for- profit municipal association. Canoe’s partnership includes the Rural Municipalities of Alberta (RMA), the Saskatchewan Association of Rural Municipalities (SARM), the Association of Manitoba Municipalities (AMM), the Association of Municipalities of Ontario (AMO) via its Local Authority Services (LAS) arm, the Union of Municipalities of New Brunswick (UMNB), the Federation of Prince Edward Island Municipalities (FPEIM), the Nova Scotia Federation of Municipalities (NSFM), Municipalities Newfoundland and Labrador (MNL), and the Northwest Territories Association of Communities (NWTAC). The group also operates in British Columbia and Nunavut. CredibleCooperativeCompliant Open RFP process using approved tendering processes Satisfies CFTA and other trade legislative requirements for buying groups Like-minded municipal associations across the country Securing best value by leveraging over 5,000 member organizations in Canada Facilitating public sector cooperative procurement since 1936 Not-for-profit group representing municipalities across Canada and committed to creating mutually beneficial relationships for both members and suppliers Membership is available to the MASH (municipalities, academic institutions, school boards, and hospitals), not-for-profit, and public sectors. Member organizations can include municipalities (both rural and urban), school districts, universities and other academic institutions, electrical associations, natural gas cooperatives, irrigation districts, housing foundations, airports, museums, and many others. 1 WHAT LEGISLATION IS INVOLVED IN PUBLIC PROCUREMENT? The Canadian Free Trade Agreement (CFTA) provides legislative direction across all provinces and territories of Canada. In addition, there are three regional trade agreements that may impact procurement laws depending on your jurisdiction: The Atlantic Procurement Agreement (APA) for Newfoundland and Labrador, Nova Scotia, Prince Edward Island, and New Brunswick The Ontario-Quebec Trade and Cooperation Agreement (OQTCA) for Ontario and Quebec The New West Partnership Trade Agreement (NWPTA) for Manitoba, Saskatchewan, Alberta, and British Columbia WHAT ARE MY OBLIGATIONS UNDER THESE REGULATIONS? Trade agreements (along with government directives and policies) generally require public sector purchasers to conduct open, competitive procurement processes. This requirement arises if the estimated value of the goods or services to be purchased exceeds certain value thresholds. This means that once the value threshold is exceeded, the purchaser must purchase from a contractor who is successful in a competitive process (e.g. a request for proposals, request for quotation) that is open to the entire marketplace. That competitive process must meet the requirements of applicable trade treaties, which usually involves posting notices, disclosing relevant information, running a fair evaluation process, etc. 2 WHAT IS A BUYING GROUP? A ‘buying group’ is generally understood as a group of two or more members that combines the purchasing requirements and activities of the members of the group into one joint procurement process. For public sector, using a buying group can have advantages that include: Reduced procurement process costs – since group members share in the costs of running procurement processes, rather than each group member bearing the full cost; Access to greater resources and expertise – since group members can pool procurement resources, and can centralize procurement experience; and Potentially better pricing – since the group can leverage its combined buying power, offering suppliers greater purchase volumes. HOW DO I COMPLY WITH THE LEGISLATION? We are keenly aware of the trade agreement obligations that apply to our members. In order to ensure compliance for ourselves and our membership, we: actively review our policies, practices, and process documents to continually improve them based on feedback. We have also engaged external experts to review our process documents to support trade agreement compliance. only run open, competitive procurement processes – we do not engage in invitation-only or non-competitive contract awards (we leave that to our members to decide). are transparent about who our members are. Each municipal association involved is able to provide a list of relevant members so that the marketplace is aware of who may purchase through awarded contracts. ensure our processes account for distributor networks. A network of regional distributors can collectively bid on opportunities, with member organizations entering into contracts with the applicable distributor for their region. Suppliers are not permitted to charge higher pricing than was proposed to us, and must honour the terms of the agreement. HOW CAN I BECOME A MEMBER? In order to join, your organization must be a municipality, public sector entity, or registered not-for-profit group. Membership gives your organization access to all cooperative procurement programs, ranging from office supplies to capital purchases, fuel to employee benefit packages, and much more! Membership for municipalities is generally handled through your territory or province’s municipal association. To join, contact the municipal association representative for your province from the Canoe contact map. 3 Contact the supplier online or via phone with your order. Let them know you want to use the program. Confirm your purchase. 1 2 3 WHAT DO I NEED TO DO ONCE I JOIN? In order to make sure your organization is compliant with governing legislation, you should: 1. Review and update your organization’s procurement policy to enable participation in group programs (if applicable). 2. Post an annual notice of intention of membership to your designated tendering website and link to the appropriate municipal association. HOW DO I MAKE A PURCHASE? Once your organization has an active account and the steps noted previously are taken, you can make a purchase through one of our programs by contacting the approved supplier of your choice and placing your order. You will need to let the supplier know that you would like to use the cooperative procurement program through Canoe or your municipal association. Indicate that you are purchasing through the buying group on all correspondence and purchase orders. For information about approved suppliers or assistance with any program, you can contact your Client Relations Manager listed on the Canoe contact map. ONCE I’M A MEMBER, IS PARTICIPATION IN THE PROGRAMS MANDATORY? No, participation in all Canoe programs is completely voluntary. You can think of the programs as tools that can assist your organization in generally securing better prices and services than individual organizations by leveraging the buying power of the entire membership. However, if you have a preferred purchasing method already in place, you are free to continue using it. 4 We save time and money for our suppliers and members. Write tender Advertise tender Bid evaluation Award low $ Issue PO Receive equipment Obtain contract pricing Research options 1 2 3 4 Identify need Spec out equipment 5 Bid opening 6 7 Traditional vs. Cooperative Purchasing 8 9 10 11 We save time and money for our suppliers and members.Write tenderAdvertise tenderBid evaluationAward low $Issue POReceive equipmentObtain contract pricingResearch options1234IdentifyneedSpec out equipment5Bid opening67Traditional vs. Cooperative Purchasing 8910115 WHAT ARE THE BENEFITS OF BEING A MEMBER? Trade-compliant All Canoe programs are tendered nationally using legislated purchasing methods, meaning any buying done through the programs is compliant with the Canadian Free Trade Agreement (CFTA) and regional trade agreements. Preferred pricing Cooperative procurement through Canoe provides discounted pricing and preferred service to members due to the large volume of aggregated purchases. Simplified process and reduced administration Because all programs are tendered in compliance with Canadian trade law, members using the programs are not required to go through the tendering process again on their own, reducing administration time and cost. DO I NEED TO POST AN RFP OR GO TO TENDER? As the RFP process is done in advance on behalf of the entire membership, you do not need to post the RFP again. Depending on the program and your local laws, however, you may need to ensure that you have posted notice of your intention to procure using a cooperative buying group on your province’s approved tendering system. If you have questions, please reach out to your local Canoe Client Relations Manager and we will help you through the process. HOW DO YOU SELECT SUPPLIERS? Approved suppliers are selected based on a successful proposal to an open tendering process for the entire membership. Approved suppliers have demonstrated that they are able to provide financial benefit and value to municipalities, public entities, and not-for-profit groups. Representing over 5,000 members including rural and urban municipalities, school districts, rural electrification associations, and water irrigation districts, Canoe approved suppliers get their products and services in front of an enormous market that would otherwise be challenging for many businesses to navigate. Regulatory compliance for the programs is handled by Canoe on behalf of the membership, providing streamlined administration for members and suppliers alike. 6 OUR REACH 7 I HAVE OTHER QUESTIONS. Canoe is committed to ensuring all programs provide your organization with the best value available. Contact your local Client Relations Manager listed on the Canoe contact map if you have any other questions or need additional support at any step of the process – we’re here to help! This guide provides information regarding procurement practices only and in no way constitutes legal advice. It should not be used as a substitute for independent legal consultation. FOODCYCLER ™ M U N I C I PA L S O L U T I O N S T h e F u t u r e o f F o o d Wa s t e . 86 M u n i c i p a l P a r t n e r s h i p s A c r o s s N o r t h A m e r i c a Canadian company based out of Ottawa, ON Founded in Cornwall in 2011 –Company is 100% focused on Food Waste Diversion Solutions Products available in North America through FoodCycler Municipal / Vitamix and internationally through network of distributors & OEM partners Finalists in Impact Canada/AAFC’s Food Waste Reduction Challenge Globe & Mail Canada’s Top Growing Companies (2021 & 2022) Deloitte Fast 50 CleanTech award winners (2021) Approved supplier with Canoe Procurement Group of Canada A B O U T U S F o o d C yc l e S c i e n c e 81 C a n a d i a n M u n i c i p a l Pa r t n e r s h i p s 6 P r o v i n c e s 1 T e r r i t o r y BC NT AB SK MB ON QC T R U S T E D C A N A D I A N S O L U T I O N C o a s t t o C o a s t t o C o a s t T H E P R O B L E M –F O O D WA S T E 63%of food waste is avoidable Household waste is composed of 25-50%organic waste Food waste weight is up to 90%liquid mass (which is heavy) The average Canadian household spends $1,766 on food that is wasted each year Each year food waste in Canada is responsible for 56.6 Million tonnes of CO2 equivalent of GHG LANDFILL + WASTE COSTS ~25-50% of household waste is organic waste Landfills are filling up fast, creating cost and environmental issues Hauling, transfer, and disposal services are a major cost factor and environmental contributor ENVIRONMENT Landfilled organic waste produces methane, which is 25 times more harmful than CO2 1 tonne of food waste is equivalent to 1 car on the road for one year COMMUNITY Food in the garbage: More frequent collection or trips to the disposal site Unpleasant odours Animals, pests & other visitors Removing food waste from garbage: Volume is reduced by up to 50% Less frequent collection, fewer trips to disposal site, save on bag tags Keeps odours out, makes garbage much less “interesting” for animals M U N I C I PA L I M PAC T Wa s t e i s a m u n i c i p a l r e s p o n s i b i l i t y GREEN BINS Major capital expenditure to invest in processing & collection infrastructure Contamination is an ongoing challenge GHG emissions and safety concerns from collection vehicles Participation rates are often lower than desired, particularly in multi-residential dwellings BACKYARD COMPOST Space, ability, and know-how are limiting factors Most users do not compost in winter or inclement weather May attract pests/animals or create unpleasant odors Participation rates are relatively low and stagnant Can produce methane if done incorrectly LANDFILL Easiest solution and often perceived as the most cost-effective in the short term Waste is typically out of sight and out of mind for consumers High levels of GHG emissions, particularly methane Long-term environmental hazard requires monitoring / maintenance Landfill capacity is quickly running out H AV E N ’ T W E S O LV E D T H I S A L R E A DY ? T H E S O L U T I O N ? T H E F O O D C YC L E R FOODCYCLER ™ FC-30 FOODCYCLER ™ Eco 5 2.5L 30.5L 4 -8 H O U R S 0 . 8 k W h 2 R E F I L L A B L E F I L T E R S B A C K 5 . 0 L 28.9L 6 -8 H O U R S 1 . 3 k W h T O P VOLUME CAPACITY UNIT VOLUME PROCESSING TIME POWER CONSUMPTION PER CYCLE ODOUR CONTROL VENT LOCATION 1 R E F I L L A B L E F I L T E R T H E F O O D C YC L E R P R O D U C T FA M I LY Full bucket of wet, smelly food waste Handful of dry, sterile, odourless & nutrient-rich by-product 4-8 HOURS (Overnight) 0.8-1.5 kWh (Equivalent to a laptop) $0.10-$0.15 per cycle ($2-4 per month) 9 0 % F O O D WA S T E R E D U C T I O N 2.5L / 5L 100 g / 200 g F O O D I L I Z E R ™: B E N E F I C I A L U S E S The FoodCycler by-product is a dry, sterile, odourless and nutrient-rich biomass with many beneficial uses and practical applications: Add to garden soil Add to backyard composter/tumbler/green cone Integrate to existing Leaf & Yard waste systems Pelletize/briquette as home heating alternative Drop off at compost site Drop off to a local farm Drop off to a community garden Add to Green Bin (where available) I M PAC T: E N V I R O N M E N T T h e Pa t h t o N e t Z e ro Put in Bin Food Waste Throw in Bin Hauling Truck Collection Transfer Station Disposal / Processing Haul Compost Use in Soil Food Waste Put in FoodCyclerUse in Soil I M PAC T: E C O N O M I C T r a d i t i o n a l W a s t e M a n a g e m e n t F o o d C y c l e r Constituents want solutions to reduce their environmental impact Waste is perceived as a government problem and regulations are coming Food waste is “low-hanging fruit” to achieving higher diversion and addressing the environmental impact of waste THE TIME IS NOW "I’ve received a number of positive messages from residents saying,“sign me up, where can I get mine." I’m 100 per cent in favor of it." Deputy Mayor Lyle Warden, (South Glengarry ON) "It alleviates a lot of the concerns that people might have with backyard composting. The time commitment, the location, pests and animals..." Kylie Hissa, Strategic Initiatives Officer (Kenora, ON) “We were extremely happy with this program and loved that it made us aware of our daily waste.“ Pilot participant in South Glengarry ”It’s a great tool to reduce household waste. Appreciate that the municipality is being innovative and piloting different solutions.” Pilot participant in Hornepayne I M PAC T: P R E S S U R E Re g u l a t o r y + S o c i a l T H E F O O D C YC L E R P I L OT S T h e r e s u l t s a r e i n . 5000+ H o u s e h o l d s 40+ M u n i c i p a l i t i e s Completed pilots in: Participation Rate 98% •98% of pilot participants will continue using the FoodCycler after the pilot period Recommendation Rate 96% •96% of users would recommend the FoodCycler to friends/family/neighbours User Experience Rating 4.6/5 •4.6 out of 5 star rating for the overall user experience of the FoodCycler Net New Diversion 300 kg •Each participating household is estimated to divert approximately 300 kg of food waste per year Awareness + Prevention 77% •77% of pilot participants resolved to waste less food as a result of increased awareness Federal Funding ✓Semi-Finalists in Stage 1 received $100,000 ✓Finalists in Stage 2 received $400,000 ➢Finalists will compete in Stage 3 to win one of two Grand Prizes of up to $1,500,000 I N PA R T N E R S H I P W I T H : F O O D WA S T E R E D U C T I O N C H A L L E N G E I m p a c t C a n a d a F i n a l i s t s S TA R T 12 WE E KS E ND PILOT TIMELINE Residents purchase FoodCycler at a subsidized rate from Municipal Office (or other designated location) Participants use the unit for a period of 12 weeks. Number of cycles per week are tracked to estimate total diversion achieved. Participants fill out an exit survey, providing their review of the program and any other feedback. Survey results used to evaluate program success. Tailored program design and implementation. Grants may be available, with support from Food Cycle Science. NE XT S T E P S P I L OT P R O G R A M 1 2 We e k s f ro m S t a r t t o F i n i s h F U N D E D P I L OT P R O G R A M O P T I O N S M u n i c i p a l S u b s i dy M o d e l FOODCYCLER ™ FC-30 FOODCYCLER ™ Eco 5 $500 -$200 -$50 $100 $800 -$250 -$150 $100 RETAIL PRICE MUNICIPAL DISCOUNT IMPACT CANADA INVESTMENT MUNICIPAL SUBSIDY RESIDENT COST$150 $300 ** F U N D E D P I L OT P R O G R A M O P T I O N S P i l o t S c o p e Re c o m m e n d a t i o n s Municipality Population Pilot Scope Municipal Investment < 2,500 Residents 50 Households $5,000 2,500 –10,000 Residents 100 Households $10,000 10,000 –20,000 Residents 200 Households $20,000 > 20,000 Residents 250+ Households $25,000+ -Plus shipping costs and applicable taxes PA R T N E R S H I P B E N E F I T S W hy p i l o t w i t h u s ? Opportunity to trial a food waste diversion solution at a cost well below market prices Immediate impact of reduced residential waste volumes thus increasing diversion rates Reduced costs associated with waste management (collection, transfer, disposal, and landfill operations) The reduction of greenhouse gas (GHG) emissions from transportation and decomposition of food waste in landfills Extend the life of your landfill(s) Opportunity to support Canadian innovation and clean tech Opportunity to provide residents with an innovative solution that reduces waste and fights climate change, at an affordable price Obtaining data that could be used to develop a future organic waste diversion program Next Steps: Receive presentation as information. If interested in partnering, refer to Staff for a recommendation to Council. Jacob Hanlon Municipal Program Coordinator Email: jacobh@foodcycler.com Phone: 613-316-4094 The Municipal Solutions Team municipal@foodcycler.com THANK YOU! ANY QUESTIONS? THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, June 1, 2023 6:00 p.m. The June 1, 2023 Special Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER *via Zoom DEPUTY CLERK MEAGAN ELLIOTT PLANNING COORDINATOR|DEPUTY CLERK MARGARET UNDERHILL SOLICITOR AMY DALE 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. OTHER BUSINES 3.1 In Camera Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an “In Camera” Session at 6:01 p.m. to discuss: A. Confidential Report re litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Ontario Land Tribunal) CARRIED Special Council Minutes June 1, 2023 2 3.2 Out of Camera Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT the Council do now rise from the “In Camera” Session at 6:30 p.m. and report on Confidential Report re litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Ontario Land Tribunal) CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confidential Report re litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; Advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Ontario Land Tribunal) be received for information; AND THAT staff proceed as directed. CARRIED 4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-048 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2023-048 be read a first, second and third time and finally passed. CARRIED 5. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 6:31 p.m. CARRIED Special Council Minutes June 1, 2023 3 MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, June 1, 2023 7:00 p.m. The June 1, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER *via Zoom DEPUTY CLERK MEAGAN ELLIOTT PLANNING COORDINATOR|DEPUTY CLERK MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Councillor Chilcott announced that Edisonfest is taking place on Saturday, June 3, 2023 with the opening ceremonies beginning at 10 am. Deputy Mayor Weisler thanked all those who came out to the Blue Flag Raising at the Port Burwell East Beach earlier in the week. 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held May 18, 2023 B. Regular Council Meeting held May 18, 2023 Council Minutes June 1, 2023 2 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Regular and Special Council Meeting held May 18, 2023 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council 11. PHYSICAL SERVICES – EMERGENCY SERVICES 11.1 Correspondence 11.1.1 Receive for Information 11.1.2 Requiring Action 11.2 Reports to Council 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Adoption of Official Plan Amendment No. 33 Lankhuijzen Farms Ltd. Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT item 12.1.1 A be received for information. CARRIED The Council Meeting recessed from 7:06 pm to 7:10 pm to address technical issues. 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-34/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent Application E31-23 Froese, 57268 Calton Line Moved by: Councillor Emerson Seconded by: Councillor Chilcott Council Minutes June 1, 2023 3 THAT Report DS-34/23 regarding the Consent Application E31-23 Froese be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E31-23 be granted subject to the following conditions and considerations: 1. Rezoning of the severed parcel from Agricultural (A1-A) zone to a Rural Residential (RR) Zone 2. Rezoning of the retained lands from Agricultural (A1-A) zone to a Special Agricultural (A2) zone to prohibit new dwellings 3. Owner constructs a driveway on the retained land to the barn and mobile home which is capable of supporting a fire pumper loaded with 2000 gallons of water 4. The Owner relocate the power line to the retained lands to service the retained barn and mobile home 5. Planning Report fee payable to the Municipality 6. Digital copy of the registered plan of survey 7. Purchase of civic number sign for the retained parcel 8. The Development Agreement between the owners and the Municipality associated with Minor Variance A-01/17 for the supplementary farm dwelling be revised where necessary to ensure it is up to date. CARRIED B. Report DS-35/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent Application E33-23 Baldwin, 11693 Elliott Road Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-35/23 regarding the Consent Application E33-23 Baldwin be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E33-23 be granted subject to the following conditions and considerations: 1. The owner obtain Zoning By-law Amendment approval to change the zoning of both the severed and retained lands from an Agricultural (A1) zone to a Rural Residential (RR) zone 2. Municipal road access permit from the municipality for the retained lands 3. Installation of an individual private well on the retained lot providing the municipality with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 4. Municipal Lot Assessment to be conducted through the municipality for a private septic system on the retained lands 5. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Smith Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 6. Purchase of civic number sign for the retained parcel Council Minutes June 1, 2023 4 7. Digital copy of the registered plan of survey 8. Cash in Lieu of Parkland Dedication fee for one created parcel payable to the municipality 9. Planning Report fee payable to the Municipality CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Township of Havelock-Belmont-Methuen re Support of Review of the Cannabis Act B. Municipality of Tweed re Bell-Hydro Infrastructure C. County of Elgin re Support of Bill 5 D. Town of Cobourg re Highway Traffic Act Amendments E. United Counties of Stormont, Dundas & Glengarry re Proposed PPS Changes F. County of Elgin re Follow Up to Vienna Village Speed Limit Correspondence Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT items 13.1.1 A – F be received for information. CARRIED 13.1.2 Requiring Action 13.2 Reports to Council A. Report CL-08/23 by Meagan Elliott, Deputy Clerk re Municipal Assistance – Bayham Beachfest Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CL-08/23 re Municipal Assistance – Bayham Beachfest be received for information; AND THAT the proposed road closures and use of Municipal lands, save and except the Marine Museum parking lot, for Bayham Beachfest be approved subject to provision of liability insurance certificate in the minimum amount of $2,000,000.00 naming the Municipality of Bayham as an additional insured; AND THAT a staff presence for road closure purposes be approved with the ability to utilize the OPP as a backup and, if utilized, compensate from the Municipal Assistance budget; Council Minutes June 1, 2023 5 AND THAT staff be directed to provide the Bayham Beachfest Committee with $1000 for the 2023 Beachfest event; AND THAT the use of ten (10) safety cones be provided for the event with a deposit of $10/item to be provided to the Municipality prior to the event; AND THAT twenty (20) garbage cans and twenty (20) tables may be provided for the event if required requiring the same $10/item deposit as the cones; AND THAT the Beachfest Committee are to work with the Fire Chief to obtain necessary approvals for fireworks; AND THAT staff be directed to conduct lawn and facility maintenance as necessary prior to the event; AND THAT staff be directed to advise appropriate external agencies of the event; AND THAT staff be directed to further coordinate details of the events with the event contacts; AND THAT the Municipality of Bayham reserves the right to revoke said approvals at any time for any reason. CARRIED 14. BY-LAWS A. By-law No. 2023-045 Being a by-law to amend by-law 2023-009 being a by-law to amend by-law 2022-011 being a by-law to appoint municipal officers and employees for the Municipality of Bayham B. By-law No. 2023-046 Being a by-law to amend by-law 2023-038 being a by-law to establish a levy for the year 2023 to adopt tax rates, provide for penalty and interest in default of payment and the collection thereof Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT By-law Nos. 2023-045 and 2023-046 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. Minutes of the Waterfront Advisory Committee Meeting held May 16, 2023 B. Minutes of the Museum Advisory Committee Meeting held May 17, 2023 Council Minutes June 1, 2023 6 C. Minutes of the Joint Cemetery Board Meeting held May 25, 2023 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the minutes from the Waterfront Advisory Committee Meeting held May 16, 2023, minutes of the Museum Advisory Committee Meeting held May 17, 2023 and the minutes of the Joint Cemetery Board Meeting held May 25, 2023 be received. CARRIED D. Recommendations to Council from the Waterfront Advisory Committee Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the Waterfront Advisory Committee resolution from the May 16, 2023 Meeting that includes recommendations to Council be received for information; AND THAT staff be directed to report to Council on the cost implications of the Blue Flag Beach Status prior to the 2024 application; AND THAT staff be directed to report to Council prior to 2024 budget deliberations on alternative beach accessibility options other than mobimats. CARRIED E. Recommendations to Council from the Joint Cemetery Board Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the Joint Cemetery Board resolution from the May 25, 2023 Meeting that includes recommendations to Council be received for information; AND THAT staff be directed to sell the Care and Maintenance funds held in trust at One investment through LAS; AND THAT the funds be reinvested in a high-yield GIC for a one (1) year term; AND THAT the interest cheques be returned to the individual cemetery boards. CARRIED 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-047 Being a by-law to confirm all actions of Council Council Minutes June 1, 2023 7 Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Confirming By-law No. 2023-047 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 7:54 p.m. CARRIED MAYOR CLERK REPORT Physical Services TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works|Drainage Superintendent DATE: June 15, 2023 REPORT: PS-10/23 SUBJECT: RFP 23-01 PORT BURWELL EAST BEACH & PORT BURWELL COMMUNITY PARK WASHROOM MAINTENANCE AWARD BACKGROUND East Beach Washrooms and Community Park Washroom Maintenance includes operating the beach washroom and community park bathroom, twice daily, 7 days/week with washroom hours between 8 a.m. - 9 p.m., 7 days a week. The Pavilion, Sidewalks and Public Waste Receptacles are also maintained during this time. Moving forward, an extra cleaning on weekends and holidays between 12p.m. and 2 p.m. has been added. An inspection report is filed electronically including the beach and pier safety devices in order to keep in compliance with the Blue Flag Standards. On March 1, 2021 staff posted RFP 21-01 for the Proposal of Port Burwell East Beach Washroom & Port Burwell Community Park Washroom Maintenance to find a new service provider for 2021-2025, with two one year mutual options for extension. Staff received 1(one) bid from PK Property Maintenance for a weekly bid price of $1,015.00 plus HST to supply cleaning service from May 1st thru September 30th. On April 7. 2022, staff brought forward Report PS-08-22 re Transfer of Maintenance Provider for Agreement No. 0753 and By-law 2021-023 - Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance. This was a result of a change in provider names that was transferred to Elgin Property Maintenance. On May 13, 2023, staff received a letter of resignation from Elgin Property Maintenance with the last day of service being June 26, 2023. Section 3.3 of Agreement No. 0753, states that each party would provide 45 days’ notice in writing if terminating the contract. Municipal staff posted RFP 23-01 Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance on May 16, 2023. DISCUSSION RFP 23-01 closed on June 5, 2023 at 11:00 AM with one bid submitted by Agatha’s Cleaning Services for a weekly fee of $1,000.00 + HST. Within the RFP, staff asked for a provisional hourly rate for any additional call-in work that may be required. Agatha’s Cleaning Service submitted an hourly rate of twenty five ($25) dollars. This is a slight increase from twenty ($20) dollars with the previous Agreement. WEEKLY FEE FOR SERVICES CONTRACTOR BID EAST BEACH WASHROOM MAINTENANCE/ COMMUNITY PARK WASHROOM MAINTENANCE Agatha’s Cleaning Services, Port Burwell Ont. $1,000.00 HOURLY RATE FOR EXTRA ITEMS $25/ Hour SUB TOTAL $1,000.00 HST $130.00 WEEKLY TOTAL $1,130.00 SEASON TOTAL (22 WEEKS) $24,860.00 With no past work experience with Agatha’s Cleaning Services, references were checked by Municipal staff and all references responded with good feedback. The 2023-2027 Port Burwell East Beach Washroom & Port Burwell Community Park Washroom Maintenance RFP 23-01 will see a decrease of $372.90 annually from the previous maintenance provider. RECOMMENDATION 1. THAT Report PS-10/23 re RFP 23-01 Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance Award be received for information; 2. AND THAT Council award RFP 230-1 to Agatha Cleaning Services for 2023 to 2027 in the amount of $1,000 + HST/weekly for a 22-week period for Port Burwell East Beach & Port Burwell Community Park Washroom Maintenance for Council consideration; 3. AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works/Drainage Superintendent CAO|Clerk REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works/Drainage Superintendent DATE: June 15, 2023 REPORT: PS-11/23 SUBJECT: BULK ITEM CURBSIDE PICK-UP SPRING UPDATE BACKGROUND At the October 6, 2023 meeting, Council of The Corporation of the Municipality of Bayham received Report PS 18/22 re Bulk item Curbside Pick-up Two Month Update. THAT Report PS-18/22 re Bulk Item Curbside Pick-up Two Month Update be received for information; AND THAT an additional three-month trial of the Bulk Item Curbside Pick-up be conducted between March and May 2023; AND THAT staff report back to Council in June 2023 on the trial Bulk Item Curbside Pick-up program. Staff have successfully operated both a three-month spring and fall bulk item curbside pick-up with positive feedback from the public and Norfolk Disposal. Bayham’s front-line staff have done an exceptional job compiling the administrative information required for the contractor. Following the May pick-up, which had more than double the pick-ups as previous months, staff received many phone calls in regards to the waste not being removed on the Monday as indicated. This issue of a specific pick-up day will be identified as the program evolves. DISCUSSION After the recent six-month trial period, the usage is up an average of 33 pick-up locations per month with an exceptionally high month of May. The amount of refuse pick-up at each location has been relatively the same month-to-month with many residents sticking to the 2 cubic metre limit. Below is the amount of refuse picked up over the past six months including metric ton total and truck time per month: SIX MONTH TRIAL PERIOD TOTALS Year/ Month Number of Pick-ups Tonnes of Refuse Picked Hours to Pick-up 2022 August 32 3.66 7.5 2022 September 25 3.68 6.5 2022 October 32 3.76 7.5 2023 March 27 4.15 7.5 2023 April 30 6.08 7 2023 May 54+11 6.92 14 Total 211 28.25 50 Within the above chart, the month of May saw a spike in pick-ups including 11 additional pick-ups which were multiple purchase locations. On average during the trial period, the average household is depositing 0.13 metric tonnes of refuse for pick-up. With these pick-ups in place, the average time at each location is 14.2 minutes/stop. As previously discussed and as the buy-in to the program progresses, the average pick-up time would decrease as pick-up locations may be more frequent and less driving time. Administrative staff have found that residents are not providing the correct information with their online payment which has led to higher than expected staff time required to follow-up to obtain this information. Refunds are currently not a part of the program; however, residents are inquiring if refunds are permitted if their refuse has been picked up by others prior to the pick- up. This is currently a non-refundable program and residents are told to put it out the night before. This additional administrative request is not financially-feasible. Staff would continue to recommend that refunds will not be offered to help offset the administrative time. Below is the financial impacts charts identifying the six trial months in 2022-2023. Pick-up Revenue Month # of Pick-ups Amount Collected (Tonnes) Revenue @ $15 August 33 3.66 $ 495 September 25 3.68 $ 375 October 32 3.76 $ 480 March 27 4.15 $ 405 April 30 6.08 $ 450 May 54+11 6.92 $ 975 Total 212 28.25 $3,180 Pick-up Expenditures Month Tonne Pick-Up Disposal Fee Curb Side Pick-Up Fee Total Cost Excluding HST August 3.66 $ 273 $ 1,125 $ 1,398.00 September 3.68 $ 276 $ 975 $ 1,251.00 October 3.76 $ 280.46 $1,125 $ 1,405.46 March 4.15 $ 309.55 $1,125 $ 1,434.55 April 6.08 $ 478.19 $1,050 $ 1,528.19 May 6.92 $ 519.00 $2,100 $ 2,619.00 Totals 28.25 $2,136.20 $7,500.00 $ 9,636.20 Total Cost to the Municipality Month Revenue Expenditure Total Cost Excluding HST August $ 495 $ 1,398 $ -918 September $ 375 $ 1,251 $ -876 October $ 480 $ 1,405.46 $-925.46 March $ 405 $ 1,434.55 $-1,029.55 April $ 450 $ 1,528.19 $-1,078.19 May $ 975 $ 2,619.00 $-1,644.00 Total $ 3,180 $ 9,636.20 $-6,471.20 Based on a revenue-to-expenditure comparison of the program, staff calculate a cost/pick-up user fee to break-even, elaborated upon below: Total Pick-ups Total Expenditure Breakeven User Fee (Expenditure / Pick-ups) 212 $9,636.20 $9,636.20 / 212 = $45.45 As illustrated above, the revenue received accounts for roughly 33 percent of the total expenditure. The current rate of $15/pick-up cost the Municipality $6,471.20 for the six-month trial period. The Breakeven User Fee identified above is consistent with the statistics provided in Report PS-18/22 in October 2022. At that time, the Breakeven User Fee was calculated at $45.69 based on two months of data covering 58 pick-ups. Staff would ultimately prefer to eliminate this discrepancy by implementing a full cost recovery user rate to ensure that the provided service is compliant with the user-pay/benefit principle for specialized service and is not subsidized by the tax levy or Municipal reserves. It would also be recommended that the program be implemented for five months (April, May, July, September, October). Staff have determined that by operating this program has significantly decreased the amount of service calls for illegal dumping along the roadside. Since the implementation of the program staff have received only 3 service calls due to illegal dumping which is less than a quarter of the calls previously received. RECOMMENDATION THAT Report PS-11/23 re Bulk Item Curbside Pick-up Spring Update be received for information; AND THAT Council direct staff to continue to operate the Bulk Item Curb Side Pick-up program for the following five months with a given calendar year: April, May, July, September, and October; AND THAT Council provide direction with respect to a user rate for the continuation of the Bulk Item Curbside Pick-up Program. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works/Drainage Superintendent CAO|Clerk REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 15, 2023 REPORT: DS-36/23 FILE NO. C-07 / D09.23BONNE Roll # 3401-000-003-09800 SUBJECT: Consent Application E40-23 Bonnefield Farmland Ontario IV Inc. 55314 Jackson Line BACKGROUND A consent application E40-23 was received from the Elgin County Land Division Committee submitted by Appointed Agent Dan Froese on behalf of owners Bonnefield Farmland Ontario IV Inc. proposing to sever a lot 0.6 hectares (1.6 acres) containing a dwelling and a barn and retain 47.8 hectares (118 acres) of land. The property is known municipally as 55314 Jackson Line. The subject land is designated “Agriculture” and portions of “Natural Gas Reservoir’ and “Natural Heritage” on Schedule ‘A1’ Land Use; and a portion of the lands are located within ‘Hazard Lands’ and ‘Significant Woodlands’ on Schedule ‘A2’ Constraints of the Official Plan. The lands are zoned Agricultural (A1-A) and portions of “LPRCA Regulation Limit” on Schedule ‘A1’ Map No. 8 of the Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on July 26, 2023. DISCUSSION The proposed consent is for a farm dwelling deemed surplus to the Bonnefield farm operation. The planner’s memorandum, dated June 8, 2023, analyzes the application subject to the Elgin County Official Plan, Municipality of Bayham Official Plan and Zoning By-law. As per the provincial and municipal policies for surplus farm dwellings, rezoning is required to rezone the retained lands to prohibit new dwellings and rezone the severed parcel. Subject to Council’s decision regarding the oversized barn, a site-specific zoning to acknowledge the size of the barn and to prohibit the keeping of livestock on the severed parcel may be required. Standard conditions include: civic numbering signage for the retained lands, survey and the Staff Report DS-36/23 Bonnefield 2 planning report fee. The subject land is within the watershed for the Arn Municipal drain requiring a reassessment of the maintenance schedule to adjust for the severed parcel. Staff and municipal planner recommend the support of the consent application for the surplus farm dwelling with the recommended conditions. ATTACHMENTS 1. Consent Application E40-23 2. Aerial Map – 55314 Jackson Line - farm 3. Aerial Map – 55314 Jackson Line – severed lot 4. Arcadis Memorandum, dated June 8, 2023 RECOMMENDATION THAT Report DS-36/23 regarding the Consent Application E40-23 Bonnefield Farmland Ontario IV Inc. be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E40-23 be granted subject to the following conditions and considerations: 1. The owner obtain Zoning By-law Amendment approval to change the zoning of the retained lands from an Agricultural (A1-A) zone to a Special Agricultural (A2) Zone to prohibit new dwellings 2. The owner obtain Zoning By-law Amendment approval to change the zoning of the severed lands from Agricultural (A1-A) zone to a Rural Residential (RR) zone or a site-specific RR-xx Zone to permit an oversized accessory building and the prohibition of the keeping of livestock in the retained barn 3. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Arn Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 4. Purchase of civic number sign for the retained parcel 5. Digital copy of the registered plan of survey 6. Planning Report fee payable to the Municipality Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk CAO|Clerk © Latitude Geographics Group Ltd. 0.9 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.9 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.450 1:17,629 55314 Jackson Line Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery © Latitude Geographics Group Ltd. 0.2 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.2 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.110 1:4,407 55314 Jackson Line Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery 203-350 Oxford Street West London, ON, N6H 1T3 902-442-9844 ext. 63008 Memorandum To/Attention Municipality of Bayham Date June 8, 2023 From Paul Riley BA, CPT Project No 3404-900 cc William Pol, MCIP, RPP Subject Bonnefield Farmland Ontario IV Inc. – 55314 Jackson Line – Application for Consent E40-23 1. We have completed our review of Consent application E40/23, submitted by Bonnefield Farmland Ontario IV Inc. for lands located at 55314 Jackson Line, north side and west of Plank Road. The applicant is requesting consent for severance of 0.6 hectares (1.6 acres) of land and to retain 47.8 hectares (118 acres) of land. The intent is to create a residential lot containing an existing dwelling surplus to the needs of the farm operation. The lands are designated as ‘Agriculture’ and portions of ‘Natural Gas Reservoir’ and “Natural Heritage” on Schedule ‘A1’ Land Use; and a portion of the lands are located within ‘Hazard Lands’ and ‘Significant Woodlands’ overlay on Schedule ‘A2’ Constraints of the Municipality of Bayham Official Plan. The lands are zoned Agricultural (A1-A) and portions of “LPRCA Regulation Limit” on Schedule ‘A1’ Map No. 8 of the Municipality of Bayham Zoning By-law Z456-2003. 2. The proposed severed lot has lot frontage of 70 metres (230 feet) and lot depth of 83 metres (272 feet) and comprises a single-detached dwelling, an accessory building and barn. The retained lands have lot frontage of 357 metres (1,171 feet) and lot depth of 1,170 metres (3,839 feet). The lands to be retained contain a barn proposed to be demolished. There is an existing driveway to be devoted to the dwelling and based on recent aerial photos there appears to be an active farm access to the west of the proposed severed lot which could serve the retained lands. The surrounding uses are agricultural and there is a single- detached dwelling lot across Jackson Line. 3. Elgin County Official Plan (hereafter, ‘Elgin OP’) policies for Consent and Lot Creation on Lands in the Agricultural Area are found in Section E1.2.3 New Lots by Consent. Section E1.2.3 indicates that proposals for Consent shall be in conformity with the relevant policies in the Elgin OP, the local Official Plan and the provisions of the Planning Act. ARCADIS MEMORANDUM Municipality of Bayham – June 8, 2023 2 Elgin County OP Section E1.2.3.1 indicates that provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot and that prior to issuing provisional consent the approval authority shall be satisfied that the lot to be retained and the severed lot shall: a. Frontage: the proposed severed and retained lots have adequate frontage on Jackson Line. b. Provincial/County Road Access: Jackson Line is a local road. c. Traffic hazard: based on a desktop review, Jackson Line is flat and straight at the frontage and existing driveway and traffic for one existing residential unit would not create additional traffic, therefore, no traffic hazard is anticipated with the proposed consent. d. Size and Frontage: the severed and retained lots provide adequate frontage and lot area in accordance with the Municipality of Bayham Zoning By-law, as well as adequate yard setbacks. The proposed lot area is larger than necessary to provide for private services, however, the application indicates that the farmer does not want to keep the barn and the future owner of the dwelling would like to repurpose the barn. The barn would be used as an accessory building to the residential use for boat and RV storage. Including these barn lands leads to increased lot area above the typical 0.4 ha lot for these types of Consents. e. Zoning amendment or variance: the owners will be required to rezone the severed lands from an Agricultural (A1-A) zone to a site-specific Rural Residential (RR-xx) zone, the site-specific zoning would be required to recognize the oversized nature of the barn with floor area of approximately 200 m2 (2,150 ft2) whereas 95 m2 (1,022 ft2) is the permitted maximum; and to rezone the retained lands from an A1-A zone to a Special Agricultural (A2) zone (to prohibit new dwellings as per Provincial and Municipal policy). f. Water and Sewer Services: the owners have provided supporting private water and sewer servicing information as part of the complete application. There is an existing well and septic system for the dwelling. Hayden Water Wells provided a letter stating that the well and broader area should provide adequate water capacity. A water test provided with the application indicates that the water quality is adequate. Clear Lines provided a letter stating that the septic system is in satisfactory condition. g. Drainage Patterns: there are no physical changes to the lands proposed, therefore, no negative impacts to drainage patterns are anticipated. ARCADIS MEMORANDUM Municipality of Bayham – June 8, 2023 3 h. Potential restriction of future development and/or access: the proposed lot configuration would not impact future development or access to the retained lands. i. Natural Heritage Features: the retained lands include significant woodlands which are located to the rear of the subject lands. The nearest extent of the significant woodlands is further than 1,000 metres, therefore, there is no anticipated impact to natural features. j. Quality and Quantity of Ground Water: the proposed consent will not have a negative impact on local groundwater due to the existence of the dwelling and well and the retained lands will be prohibited from adding additional dwellings which might impact water quantity. k. Natural Hazard: the proposed consent does not propose any physical changes to the subject lands and the proposed residential lot is at least 1,000 metres from the identified hazard lands to the north and no physical changes/development is proposed, therefore, no adverse impacts are created. l. Local Official Plan: the Bayham OP is reviewed below. m. Planning Act Section 51(24) Criteria: in reviewing the criteria it is evident that the considerations of the criteria are addressed within the Elgin OP and Bayham OP review portions of this memorandum and that the proposed consent is in conformity to the Planning Act. The proposed Consent is in conformity to the Elgin County Official Plan. 4. The Municipality of Bayham Official Plan Section 2.1.7.1 indicates that “farm consolidation shall mean the acquisition of additional farm parcels to be operated as one farm operation”. There are several policies within Section 2.7.1, including that a land use conflict shall not be created; only one dwelling can be severed from the original farm parcel; and the farm operation owns another dwelling within the Bayham. The proposed consent is consistent to these policies. 5. Bayham OP Section 2.1.7.2 to 2.1.7.4 provide considerations for the approval and requirements for consent for surplus farm dwellings, to which the following points address: Section 2.1.7.2 Severed Lot: a) Limited size: the lot is larger than necessary to accommodate the existing private water and sewer services, however, this is due to the future owner wishing to retain the existing barn for accessory residential purposes (RV and boat storage). ARCADIS MEMORANDUM Municipality of Bayham – June 8, 2023 4 b) there are no livestock operations identified in the area warranting MDS concerns c) the owner will be required to rezone the severed lands to a Rural Residential (RR) zone, and should Council and the ELDC be comfortable with an oversized barn being retained then the zoning amendment should include the owner obtaining a site-specific RR-xx zone to permit the oversized accessory building. Section 2.1.7.3 Severed Lot: a) oversized farm buildings being retained with severed surplus farm dwellings should only be approved if Council determines that no land use conflict will result. The barn is suitably removed from the road and is not in proximity to any other residential or sensitive uses. b) Farm buildings as accessory buildings are only permitted if the lands are rezoned to prohibit the keeping of livestock. The site-specific zoning by-law amendment shall include the prohibition of the keeping of livestock for the severed lands. Section 2.1.7.4 Retained Lot: a) the retained lands have adequate lot area b) the owner will be required to rezone the retained lands to a Special Agricultural (A2) zone to prohibit new dwellings to protect farmlands. Notwithstanding the slightly increased lot area to accommodate retaining the barn with the residential lot, the proposed consent is in conformity to the Municipality of Bayham Official Plan following the clearing of Conditions. 6. The severed parcel must be rezoned to a Rural Residential (RR) zone or site- specific RR-xx zone to permit the oversized accessory building and the prohibition of the keeping of livestock in the barn to protect drinking water, consistent to the resulting residential use and Official Plan Section 2.1.7.2 policies for surplus farm dwellings. The proposed lot configuration can accommodate the setback and lot configuration regulations in the RR zone. The retained lands must be rezoned to a Special Agricultural (A2) zone to prohibit new dwellings as per Official Plan Section 2.1.7.4. The proposed lot area meets the minimum lot area and minimum frontage requirements in the A2 zone. 7. Based on the above review of consent application E40/23 we have no objection to the proposed consent to create a residential lot for the existing dwelling surplus to the needs of the farm operation, aside from a minor objection to the proposal to keep the barn with the dwelling lands which increases the lot area ARCADIS MEMORANDUM Municipality of Bayham – June 8, 2023 5 beyond the minimum size required to accommodate private water and sewer services, and recommend the following conditions for approval: a) That the owner obtains approval of a zoning by-law amendment for the severed parcel from an Agricultural (A1-A) zone to a Rural Residential (RR) Zone or a site-specific RR-xx zone to permit an oversized accessory building and the prohibition of the keeping of livestock in the retained barn. b) That the owner obtains approval of a zoning by-law amendment for the retained lands from an Agricultural (A1-A) zone to a Special Agricultural (A2) Zone to prohibit new dwellings. c) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. d) That the owner provides a digital copy of a survey of the subject lands. e) That the applicant apply to and pay all fees to the Municipality with respect to Civic Addressing/signage for the retained lot, where necessary. Paul Riley Arcadis Paul Riley Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 15, 2023 REPORT: DS-37/23 FILE NO. C-07 / D09.23NEZE Roll # 3401-000-002-04900 SUBJECT: Consent Applications E46-49-23 Nezezon and Howlett 46 Chapel Street, Vienna BACKGROUND Consent applications E46-23 to E49-23 were received from the Elgin County Land Division Committee submitted by John Nezezon and Danielle Howlett proposing to sever four lots each approximately 0.30 hectares (0.74 ac) in the village of Vienna and retain 15.81 hectares (39.06 ac) outside of the village boundaries. The property is known municipally as 46 Chapel Street. The subject land is designated “Residential” on Schedule ”C” Vienna: land Use and Constraints of the Official Plan. Lands are zoned Holding - Village Residential (R1(h1/h4)) on Schedule “H” Vienna in Municipality of Bayham Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the applications on July 26, 2023. DISCUSSION The planner’s memorandum dated, June 8, 2023, analyzes the application subject to the Municipality of Bayham Official Plan and Zoning By-law. The four (4) proposed lots may be considered to be infilling in a settlement area. The planner’s memorandum does note the fact that the proposed lot areas are substantially larger than the minimum lot areas for R1 parcels. If the lot sizes were made smaller, there is potential for more residential lots along this stretch. The OP Section 8.6.1.1 states: “The creation of lots may only be granted for up to four (4) lots per parcel of land, exclusive of the retained lot (four severed and one retained). Further lots from the original parcel of land existing as of the date of approval of this Official Plan, shall be reviewed under a plan of subdivision or condominium process to assess, among other matters, the feasibility of municipal sewer and water services and the cumulative environmental impact of the development.” Staff Report DS-37/23 Nezezon Howlett 2 Water service on Chapel Street - there is a 6” water line that runs up to 26 Chapel Street, houses between 26 Chapel and 49 Chapel, inclusive of the latter, are on a 2” water line with specific capacity considerations. Houses beyond 49 Chapel to 65 Chapel are on a service line from Chute Line. Based on staff and engineering discussions, staff cannot support additional development on the existing 2” line that runs between 26 and 49 Chapel Street, being along the frontage of the subject lands. The existing 2” line is near maximum capacity for demand having multiple houses already connected to the line. Any further development along that stretch of Chapel St would put the volume requirement over available capacity of the line and potentially jeopardize the existing connections. Sanitary service on Chapel Street - the existing sanitary service line ends at 31 Chapel Street. An extension of the sanitary sewer line would be required for this four-lot proposal. The options to consider regarding servicing are to not proceed with development as staff would not be able to support additional development on the existing 2” water line and without an extension of the sanitary sewer, or the developer enter in to a Development Agreement with the Municipality to construct and pay all costs associated with the upgrade to a 6” water line and the extension of the sanitary sewer line (approx. frontage of 280 metres). Any proposal for private or partial servicing would not be appropriate in this instance as the development is within the boundaries of Vienna and necessitates full servicing for water and sewer. Staff also recommend the owner enter into a Development Agreement with the Municipality to upgrade the public right-of-way lands along the entirety of the width and frontage of the proposed severed lands to current municipal standards, including, but not limited to, road widening, roadway surface widening and ditch/drainage works. This would be subject to the engineer’s final design plans for the entire development. Included in the recommendation is a condition to enter into a Development Agreement with the Municipality for the installation of the municipal services with all costs associated with both installations the responsibility of the Developer. It is the Developer’s responsibility to contract an engineer to a) design both services, b) assist with the required applications for municipal service extensions to the Ministry of the Environment, Conservation & Parks (MECP) and c) assist with the hiring of a qualified contractor to install. Additional conditions include: engineered storm water management, drainage/grading plans, survey, cash in lieu payment for the creation of building lots and the planning report fee. The lots front on Chapel Street and will be subject to road access permits from the municipality at the time of building permit. It appears as though the subject land is within the Chapel Street Drain watershed requiring a reassessment of the maintenance schedule to add the new lots. Staff and municipal planner do not fully agree with the larger lot sizes and the inefficient use of the land, however, do support the applications with the recommended conditions listed. ATTACHMENTS 1. Consent Application E46-23 in full with pages 5 & 6 each of Applications E47-E49 2. Aerial Map – 46 Chapel Street four lots 3. Aerial Map – 46 Chapel Street retained lands 4. Arcadis Memorandum dated June 8, 2023 Staff Report DS-37/23 Nezezon Howlett 3 RECOMMENDATION THAT Report DS-37/23 regarding the Consent Applications E46-23 to E49-23 Nezezon and Howlett be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E46-49-23 be granted subject to the following conditions and considerations: 1. That the owner install/construct adequate extension of municipal water services and installation of a public fire hydrant to the proposed severed lots and enter into a Development Agreement with the Municipality for such service extension. 2. That the owner install/construct adequate extension of municipal sanitary sewer services to the proposed severed lots and enter into a Development Agreement with the Municipality for such service extension. 3. That the owner enter into a Development Agreement with the Municipality to upgrade the public right-of-way lands along the entirety of the width and frontage of the proposed severed lands to current municipal standards, including, but not limited to, roadway surface widening and ditch/drainage works. The extent of the upgrades will be determined subsequent to detailed review of the owner’s professional design plans for the development, and prior to the signing of the Development Agreement in consultation with the Municipality, and/or Municipal Engineering Consultants, and the owner’s Professional Engineering Consultant. 4. That the owner provide storm water management, drainage and grading plans for the severed lot to the satisfaction of the Municipality. 5. That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule for the Chapel Street Drain in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. 6. That the owner obtain Removal of a Holding Symbol zoning approval subsequent to entering into a Development Agreement with the Municipality for any municipal servicing upgrades for the development. 7. That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash-in-lieu of Parkland. 8. That the owner provides a survey of the subject lands and include in the drawing package the requirements from the Planning Act Section 51(17). 9. That the owner provides a Planning Report Fee payable to the Municipality of Bayham. 10. To satisfy the required road dedication of 20.0 metres minimum local road, this property is subject to a widening of one half of the distance required to increase the Chapel Street ROW to 20.0 metres (65.62 ft) in width across the entirety of the lot frontage on Chapel Street. The extent of the road widening lands shall be determined by the owner by way of providing a ‘reference plan’ from a legal land surveyor confirming the extent of the road widening, with all costs and applications associated with the transfer of the lands to the Municipality to be the responsibility of the owner. The reference plan describing the widening to be transferred must be pre-approved by the Municipality. Staff Report DS-37/23 Nezezon Howlett 4 Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk CAO|Clerk © Latitude Geographics Group Ltd. 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.1 Notes First severed lot to be lower left, then second to the right, and so forth. Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.060 1:2,204 46 Chapel St. - Detail View (New Lots) Elgin County Parcels Elgin Road Network Elgin Road Network Elgin Road Network Bayham Zoning Local Arterial Highways Boundary World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations © Latitude Geographics Group Ltd. 0.4 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.4 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.220 1:8,815 46 Chapel St. - Retained Lot Elgin County Parcels Elgin Road Network Elgin Road Network Elgin Road Network Bayham Zoning Local Arterial Highways Boundary World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations 203-350 Oxford Street West London, ON, N6H 1T3 902-442-9844 ext. 63008 IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects Memorandum To/Attention Municipality of Bayham Date June 8, 2023 From Paul Riley, CPT Project No 3404-901 cc William Pol, MCIP, RPP Subject John Nezezon and Danielle Howlett - 46 Chapel Street, Vienna - Application for Consent E46/23 - E49/23 1. We have completed our review of Consent Application E46/23 – E49/23 submitted by John Nezezon and Danielle Howlett for lands located at 46 Chapel Street, south side, east of North Street in the village of Vienna. The applicant is requesting Consent to sever four lots each with approximate land area of 0.3 ha (0.74 acres) and to retain 15.8 ha (39 ac) of land with the intent to create residential dwelling lots. The subject lands are designated ‘Residential’ on Schedule ‘C’ of the Municipality of Bayham Official Plan and are zoned Holding - Village Residential (R1(h1/h4)) on Schedule ‘H’ of Zoning By-law Z456-2003. 2. The proposed parcels would have frontage/access on Chapel Street and include the following lot configuration information:  Parcel ‘A’ (E46/23) lot frontage 63.88 m (209.58 ft), lot depth 47.94 m (157.28 ft)  Parcel ‘B’ (E47/23) lot frontage 63.84 m (209.45 ft), lot depth 47.57 m (156.07 ft)  Parcel ‘C’ (E48/23) lot frontage 63.35 m (207.84 ft), lot depth 47.20 m (154.86 ft)  Parcel ‘D’ (E49/23) lot frontage 64.90 m (212.93 ft), lot depth 46.83 m (153.64 ft)  Retained – lot frontage 99.78 m (327.36 ft), lot depth 594 (1,948.8 ft) The retained lands comprise a single-detached dwelling and accessory building with the remainder being farmlands. Surrounding land uses are agricultural to the east, residential to the north and west, and residential, open space (Big Otter Creek) and institutional (cemetery) to the south. 3. The Municipality of Bayham Official Plan Section 4.2 general residential policies in settlement areas, indicate that the highest priority is development on lands in settlement areas with access to full municipal services and such uses are permitted for infilling vacant lands in an existing built-up area. The creation of four new lots by Consent, representing infilling in a settlement area with connection to municipal sewer and water is in conformity to the Official Plan general residential policies. 4. Official Plan Section 4.5.2 Residential designation uses in Villages indicates that the primary use of land in settlement areas is intended for single-detached dwellings or IBI GROUP MEMORANDUM Municipality of Bayham – June 8, 2023 2 other low-density types of dwellings. Section 4.5.2.1 indicates that proposals for new dwelling lots should target a gross density of 20 units per hectare (uph) and shall be serviced with municipal sewer and water. The proposed gross density of the severed lands would be 3.3 uph based on the 3,000 m2 proposed lot area. The lands could yield up to 15 lots or 12.5 uph (it appears difficult to reach a 20 uph density based on the minimum 800 m2 lot area in the R1 zone, which should be addressed in the upcoming Official Plan 5-Yar Review). The lands could be utilized more efficiently and the owner could start developing by reducing the size of the 4 lots and retaining more land/frontage for future Plan of Subdivision development. Notwithstanding the inefficient lot size which would require a Plan of Subdivision for creating more than 4 lots, the proposed consents are generally consistent to the Bayham OP. 5. Bayham OP Section 4.5.2.8 criteria for new residential units includes: a) Lot frontage, depth and size: shall be appropriate to the development being proposed and consistent, wherever desirable and feasible, to adjacent and surrounding lots. As discussed above, the lot sizes appear to be oversized for efficient use of the land. The surrounding residential lots vary in size. The lot to the immediate west of the subject lands is approximately 1,700 m2, and the lot west of that is approximately 3,500 m2. The 2 lots across the road are oversized due to inclusion of undevelopable open space lands along the Creek. The residential lots located between Plank Road, North Street and Chapel Street range from approximately 800 m2 to 2900 m2 and average approximately 1,600 m2 lot area. The proposed lots appear to be an inefficient use of land. b) Natural Features: There are no sensitive natural features identified on the Bayham OP Schedule for the subject lands. c) Design: the applicant has not provided any specific design features for the homes, specifically for energy efficiency and location on the lot to optimize natural light, however, no design plans have been submitted due to the preliminary nature of the development / consent application. d) Open space: Parkland dedication in accordance to the municipal Parkland By- law will be required as a Condition of Consent approval as there are identified lands within the subject lands for public parks. e) Adjacent and surrounding land use: the proposed uses is compatible with the surrounding, predominantly single-detached dwelling lots, in the area. f) Facilities and services: the applicant/owner will be required to extend municipal sewer and water services, drainage, roadway surface upgrades, street lighting, or other services as required by municipal public works to service the new lots. The Municipality requires that an agreement be entered into with the developer as to the design and cost apportionment of any public works required to bring IBI GROUP MEMORANDUM Municipality of Bayham – June 8, 2023 3 these services or facilities up to the appropriate standard. According to the municipal Water and Wastewater Operations Manager, the existing water line does not have adequate capacity to service the proposed lots, therefore, the owner is required to construct a new water service line; and the municipal sewer line needs to be extended by the owner to service the development, to the applicable standards to the satisfaction of the municipality or other approval authority. The development will also require the installation of a fire hydrant as part of the water servicing upgrades to ensure adequate fire safety. g) Storm drainage: the applicant/owner is responsible for adequate provision of stormwater management/drainage and surface runoff subject to the requirements of the Municipality, including the submission of a grading plan and/or stormwater management plan to ensure surface water runoff does not adversely affect neighbouring properties or receiving watercourses. h) Vehicular access: based on a review of recent aerial imagery, Chapel Street is generally flat and straight along the subject lands frontage. The proposed lots would have driveway access directly to Chapel Street and road access permits from the Municipality will be required. A direct access to the retained farmlands is necessary and may require a municipal road access permit. There is approximately 25 m (82 ft) of frontage on Chapel Street between the proposed lots and the landscaped area of the retained dwelling lands which could provide access to the farmlands. i) The Planning Act: the applicant/owner is responsible to ensure compliance for all matters contained within Section 50 and 51 of the Planning Act as amended. The proposed consents are consistent to the Official Plan criteria subsequent to the clearing of Conditions, however, the lots appear to be large in nature so it is recommended that lots be reduced in size to allow for future Plan of Subdivision to add additional lots where the lands are in a settlement area and have access to municipal services. 6. Bayham OP Schedule ‘A1’ indicates that Chapel Street is classified as a ‘Local Road’. Section 5.3.2.1 indicates that local roads are intended to provide access to abutting properties, to serve destination as opposed to through traffic, and to act as feeders to the arterial road system. Furthermore, Bayham Official Plan Section 5.2.4 Road Allowance Widths indicates that local roads shall have a right-of-way (ROW) ranging from 20 metres to 26 metres. Based on available GIS data the Chapel Street ROW appears to be approximately 18.3 m (60 ft), therefore, the owner shall dedicate for road widening half of the distance required to increase the Chapel Street ROW to 20.0 metres (65.62 ft) in width across the entirety of the lot frontage. IBI GROUP MEMORANDUM Municipality of Bayham – June 8, 2023 4 7. The subject lands are within the Holding - Village Residential (R1(h1/h4)) zone and the Agricultural (A1) Zone. A single-detached dwelling is a listed permitted use in the R1 zone and agricultural uses and existing dwellings are permitted in the A1 zone. As per Zoning By-law Section 3.3 Holding Zones, the Holding ‘h1’ symbol indicates that in order for the Municipality to ensure public health and safety the Conditions of Consent would need to include that the owner shall “address impacts of new development to the applicable proposed water supply system and/or sewage treatment and disposal system; and which may include issues relating to water capacity, water quantity, water quality, and financial costs will be required prior to the removal of the “h1” zone symbol.” Section 3.3 Holding Zones indicates that the ‘h4’ symbol indicates that to ensure parcels of land do not become landlocked, proof of access to a public right-of-way by the proponent will be required prior to the removal of the “h4” zone symbol. This appears to be an error since the property has public road access to Chapel Street. The applicant/owner will not need to demonstrate consistency to the ‘h4’ holding zone and the symbol can be removed, which could happen at the time of application for the removal of the ‘h1’ symbol. 8. Based on the above review of Consent Application E46/23 – E49/23, that aside from the slightly oversized nature and inefficient use of land, we have no objection to the proposed consents with the following recommended conditions for Consent: a) That the owner install/construct adequate extension of municipal water services and installation of a public fire hydrant to the proposed severed lots and enter into a Development Agreement with the Municipality for such service extension. b) Tha the owner install/construct adequate extension of municipal sanitary sewer services to the proposed severed lots and enter into a Development Agreement with the Municipality for such service extension. c) That the owner provide storm water management, drainage and grading plans for the severed lot to the satisfaction of the Municipality. d) That the owner enter into a Development Agreement with the Municipality to upgrade the public right-of-way lands along the entirety of the width and frontage of the proposed severed lands to current municipal standards, including, but not limited to, roadway surface widening and ditch/drainage works. The extent of the upgrades will be determined subsequent to detailed review of the owner’s professional design plans for the development, and prior to the signing of the Development Agreement in consultation with the Municipality, and/or Municipal Engineering Consultants, and the owner’s Professional Engineering Consultant. e) That the applicant initiate and assume, if required, all engineering costs associated with the preparation of a revised assessment schedule in IBI GROUP MEMORANDUM Municipality of Bayham – June 8, 2023 5 accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in full to the Municipality prior to the condition being deemed fulfilled. If the deposit does not cover the costs of the revised assessment schedule, the applicant will be billed for any additional costs incurred. f) That the owner obtain Removal of a Holding Symbol zoning approval subsequent to entering into a Development Agreement with the Municipality for any municipal servicing upgrades for the development. g) That the owner pay fees as required in Municipal By-law No. 2020 – 053 Cash- in-lieu of Parkland. h) That the owner provides a survey of the subject lands and include in the drawing package the requirements from the Planning Act Section 51(17). i) That the owner provides a Planning Report Fee payable to the Municipality of Bayham. j) To satisfy the required road dedication of 20.0 metres minimum local road, this property is subject to a widening of one half of the distance required to increase the Chapel Street ROW to 20.0 metres (65.62 ft) in width across the entirety of the lot frontage on Chapel Street. The extent of the road widening lands shall be determined by the owner by way of providing a ‘reference plan’ from a legal land surveyor confirming the extent of the road widening, with all costs and applications associated with the transfer of the lands to the Municipality to be the responsibility of the owner. The reference plan describing the widening to be transferred must be pre-approved by the Municipality. Paul Riley Arcadis Paul Riley Consulting Planner to the Municipality of Bayham REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: June 15, 2023 REPORT: DS-38/23 FILE NO. C-07 / D11.MACNEIL Roll # 3401-002-001-00610 SUBJECT: Subdivision Agreement – Jo-Lynn Pt. Burwell Inc. Elizabeth Street, Port Burwell BACKGROUND In August 2010, Council approved a by-law to authorize the signing of a Subdivision Agreement between Jo-Lynn Pt. Burwell Inc. and the Municipality of Bayham to provide for the development of a Plan of Subdivision, MMAH File # 34-T-88007, named the MacNeil Subdivision, in the village of Port Burwell. The Agreement was made as a condition of approval by the Ministry of Municipal Affairs and Housing for a proposed Plan of Subdivision to be completed in two phases. The Owner agreed with the Municipality to comply with all the requirements with respect to the Agreement. Schedule ‘B’ of the Agreement being the Estimated Time Limits listed the services to be provided along with the estimated time lime for construction as ending in the summer of 2017. Jo-Lynn Pt. Burwell Inc. was not able to complete both phases of the subdivision in the estimated time line and have approached the municipality to seek approval to move forward with the completion of all outstanding items in the Phase 1 MacNeil Court, but to also proceed with the construction of Phase 2 Charles Court being a 14-lot development. A new Subdivision Agreement was deemed necessary to address the outstanding items from Phase 1 and the remaining construction of Phase 2. DISCUSSION Staff have been working with Mr. Hugh MacNeil and his engineers for several months as they have been finalizing their plans to proceed with Phase 2 Charles Court. Included in the Agreement are details pertaining to the outstanding items from the Phase 1, not substantial but items to be completed nonetheless. Phase 2 has the municipal water and Staff Report DS-38-23 Jo-Lynn 2 sanitary services installed preciously and will be proceeding with road works, drainage etc. to complete the 14-lot subdivision that received approval in 2010. Mr. MacNeil agrees to the contents of the Agreement and looks forward to moving this project along quite quickly. One item of negotiation with Mr. MacNeil was the Cash-in-Lieu of Parkland fee that at the time of signing the original Agreement in June 2010 was in the amount of $500.00 per lot. The Subdivision did not advance within the agreed-upon estimated timelines and taking in to account Council passing a Cash-in-Lieu of Parkland By-law No. 2020-054 in June 2020, our recent discussion with Mr. MacNeil was to increase the amount $1250.00 per lot as a compromise understanding that all contents of the Agreement are subject to Council approval. Staff are recommending approval of the Subdivision Agreement as presented with draft By-law No. 2023-054. ATTACHMENTS 1. Draft By-law No. 2023-054 - Subdivision Agreement Jo-Lynn Pt. Burwell Inc. 2. Aerial Map – Elizabeth Street 3. Drawing No. 100 General Plan of Services MacNeil Subdivision RECOMMENDATION THAT Report DS-38/23 regarding the Subdivision Agreement Jo-Lynn Port Burwell Inc. be received; AND THAT Council authorize the execution of a Subdivision Agreement between the Municipality and Jo-Lynn Pt. Burwell Inc. to permit the completion of Phase 1 MacNeil Court and development of Phase 2 Charles Court – MacNeil subdivision in Port Burwell; AND THAT By-law No. 2023-054 be presented for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator|Deputy Clerk CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-054 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN JO-LYNN PT. BURWELL INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION, KNOWN AS THE MACNEIL SUBDIVISION – PHASE 2 CHARLES COURT, VILLAGE OF PORT BURWELL, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule “A”, being a subdivision agreement with Jo-Lynn Pt. Burwell Inc., is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered on title to the lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE, 2023. ___________________________ _____________________________ MAYOR CLERK - 2 Schedule “A” to By-Law No. 2023-054 THIS SUBDIVISION AGREEMENT made in duplicate this 15th day of June 2023. B E T W E E N: JO-LYNN PT. BURWELL INC. Hereinafter called the “OWNER OR SUBDIVIDER” OF THE FIRST PART A N D: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the “CORPORATION” OF THE SECOND PART ___________________________________________________________________________ WHEREAS the Owner represents that it is the Registered Owner of the lands described as: Plan 30 Part Unnumbered Block 2 N/E Elizabeth St & Wellington St, Part 2 Plan 11R4369, save and except 11M188: Municipality of Bayham, County of Elgin, more particularly described in Schedule A, attached hereto. AND WHEREAS the Owner and the Corporation entered into a Subdivision Agreement dated August 12, 2010 which Notice of Subdivision Agreement was registered as CT60669 on August 27, 2010. AND WHEREAS the Owner has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided, being outstanding matters of Phase 1 and construction of Phase 2, and other matters hereinafter set forth. AND WHEREAS this Agreement shall be registered against the lands, and the Corporation is entitled to enforce the provisions thereof against the Owner and subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the lands. AND WHEREAS the Owner agrees by entering into this agreement to satisfy all terms, conditions and obligations, financial or otherwise of the Corporation, pursuant to this agreement, all at the Owner's sole expense and to the satisfaction of the Corporation. NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the - 3 other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) “Owner or Subdivider” shall include the applicant for the approval of a Plan of Subdivision, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. (b) “Council” shall mean the Municipal Council of the Corporation. (c) “Engineer” shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner or Subdivider agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matter as may be provided for herein. 3. CONSULTING ENGINEERS (a) The Owner or Subdivider agrees to retain a Professional Engineer as the Consulting Engineer of the Owner or Subdivider, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner or Subdivider agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. - 4 (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation mylar reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation’s Engineer. (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation’s Engineer. (ix) Supervise the construction of any remedial work required by the Corporation. 4. LIENS The Owner or Subdivider shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner or Subdivider. The Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner or Subdivider under paragraph 18 of this Agreement. 5. EASEMENTS Upon completion and acceptance of the Plan of Subdivision, the Owner or Subdivider shall: (i) dedicate all road allowances shown on the Plan, as Public Highways; (ii) provide the Corporation with such rights and easements as it may require for sanitary sewers, storm sewers, storm drainage, water mains and other utility purposes; - 5 (iii) provide Hydro One, telecommunications and natural gas companies with such easements as each of them may require for hydro, telephone, and television cable and natural gas utility purposes. Any such transfer, pursuant to (i) above, shall be in fee simple and for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation’s Solicitor, and title to such lands shall be good and free from all liens and encumbrances. The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee’s Solicitor, and the title to lands over which the rights and easements are granted, shall be good and free from liens and encumbrances and if required by the Grantee’s Solicitor, the consent of the Committee of Adjustment, to such rights and easements shall be obtained by the Owner or Subdivider. The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title, pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii) above, it shall provide to the Transferee’s Solicitor or Grantee’s Solicitor, a Certificate of Opinion of Title of the lands in respect of which such transfer and rights and easements are granted, in a form satisfactory to the Transferee’s or Grantee’s Solicitor, such Certificate or Opinion to be given by a Solicitor authorized to practice Law in the Province of Ontario. The Owner or Subdivider agrees to provide the Corporation with a mylar copy of the reference or survey plan designating the lands in respect of which such transfers of title and grants or rights and easements are given. The lands to be transferred and the lands over which rights and easements are to be given, pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration of the Plan, be in a clean and tidy condition, graded as required, and if necessary, stabilized against erosion. After such lands or such rights and easements are so transferred, the Owner or Subdivider shall not use or permit the use of such lands for the storing of topsoil or any excavated material or equipment except with the written consent of the Corporation, and in the event of default, the Corporation, after giving the Owner or Subdivider such notice as it considers reasonable, may remove such soil, material or equipment and the cost thereof shall be paid by the Owner or Subdivider to the Corporation. 6. SANITARY SEWERS The Owner or Subdivider constructed a complete sanitary sewer system according to the General Plan of Services attached to and forming part of the Subdivision Agreement dated August 12, 2010. This system is intended to service all the lands on the said Plan of Subdivision Phase 1 and Phase 2, according to designs approved by the Corporation, and according to the specifications of the Corporation’s Engineer in effect at the date of - 6 construction thereof, and the Owner or Subdivider shall maintain them including clearing any blockage until they are formally accepted by the Corporation. Such sewer system shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision, or an adjacent road allowance, to service the subdivision and lands outside the subdivision, which, in the opinion of the Corporation, will require their use as trunk outlets. The Corporation may consent to or authorize connection into the sanitary sewer system but such connection shall not constitute acceptance of the sewer system by the Corporation. 7. STORM SEWERS (a) The Owner or Subdivider agrees to construct a complete storm sewer system or systems, including storm connections to the street line where required, in the opinion of the Corporation, and catchbasins and leads to service all the lands in the said Plan of Subdivision, and adjacent road allowances, according to designs approved by the Corporation, and according to the specifications of the Corporation, in effect at the date hereof, and the Owner or Subdivider shall maintain them, including clearing any blockages until they are formally accepted by the Corporation. Such sewers shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision or on adjacent road allowances, to service the subdivision, and any lands adjacent to the subdivision, which, in the opinion of the Corporation will require their use as trunk outlets. The Corporation may connect or authorize connection into them but such connection shall not constitute acceptance of the sewer system or systems by the Corporation. (b) The Owner or Subdivider agrees, at its expense, to construct and the Corporation to maintain a stormwater management system which is approved by all regulating agencies and which provides an adequate stormwater management system for all lands within the Plan. 8. ROADS – PAVED The Owner or Subdivider agrees to construct all the roads as shown, on the said Plan of Subdivision Phase 2, according to the Design and Construction Standards for the Municipality of Bayham 2018 in effect at the date hereof and to maintain them until they are formally accepted by the Corporation. The specifications for boulevard grading shall apply to existing streets adjacent to the said Plan of Subdivision. - 7 9. ROAD GRADES, ETC. (a) Before actual construction begins proof must be furnished by the Owner or Subdivider or his/her agents that the road grades have been approved by the Engineer in order that the watermains and appurtenances were laid to the proper grade. (b) When, in the written opinion of the Corporation, it is necessary to change the said road grades the Owner or Subdivider agrees to grade the road to sub-grade in the manner and at the time stipulated by the Corporation in accordance with the specifications of the Corporation, and to restore the streets to their original condition prior to the change in the grade. (c) GRADE The Owner or Subdivider agrees to grade, to the Corporation’s specifications, to the full width, all road allowances as shown on the said Plan of Subdivision, prior to the installation or construction of the relevant municipal services provided for herein. The Owner or Subdivider further agrees to keep the boulevards clear and free of all materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. The Owner or Subdivider will be responsible for any change in grade of any street up to 150 feet from the proposed Plan of Subdivision where the change is reasonably necessary to service a street within the subdivision. 10. CURBS AND GUTTERS The Owner or Subdivider agrees to construct curbs and gutters on all the streets as shown on the said Plan of Subdivision and on all existing streets adjacent to the said Plan of Subdivision, subject to Section 9 (a) of this agreement, according to the specifications of the Corporation in effect at the date hereof, and to maintain them until they are formally accepted by the Corporation. If any curb depressions are not located correctly with respect to a driveway, the Owner or Subdivider shall construct a curb depression in the correct location and replace the original according to the said specifications. 11. SIDEWALKS The Owner or Subdivider agrees to construct sidewalks on one side of Charles Court (Phase 2) in the time specified in Schedule ‘B’, as shown on the said Plan of Subdivision according to the Design and Construction Standards for the Municipality of Bayham 2018, in effect at the date hereof, and to maintain them until they are formally accepted by the Corporation. - 8 12. WATERMAINS The Owner or Subdivider hereby agrees a complete watermain system was constructed, including shut-off valves, hydrants, water service connections and all appurtenances to the street line to service all lands in the said Plan of Subdivision, according to specifications which were in effect at the time of the installation of the system and not necessarily those in effect at the time of this Agreement and the Owner or Subdivider shall maintain them until they are formally accepted by the Corporation. All watermain systems are of sufficient size, depth, and location to adequately service the lands within the subdivision, in the opinion of the Corporation. Where it is necessary to extend any system within the subdivision, to the existing watermain system, outside the subdivision, including adjacent subdivisions, the size, depth, and location of the extension must be acceptable to the Corporation. Oversizing is to be negotiated, but 6 inch and 8 inch watermains are not to be considered as oversized. The Corporation may connect or authorize connection into the watermain system but such connection shall not constitute acceptance of the watermain system by the Corporation. All as-constructed Plans relating to the installation of watermains, appurtenances and services must be submitted to the Corporation in paper copy (2 copies) and electronically along with paper (1 copy) and electronic copies of the application submitted to the Ministry of the Environment and Energy for their approval. 13. LOT GRADING, SODDING, LANDSCAPING (a) The Owner or Subdivider agrees to grade, provide top soil and sod the portion of the street allowances lying between the front property line of lots and the curb save and except any portion of the street allowance within the driveway. The Owner or Subdivider shall sod all front yards of each of the lots except for paved or planted areas, upon the completion of the construction of dwelling thereon. The Manager of Public Works must approve any exception to this requirement in writing. Said sodding must be in conformity with the grading control plan as set out on Schedule ‘D’ attached hereto. (b) Before house construction proceeds beyond the basement level, the Consulting Engineer or an Ontario Land Surveyor shall provide the Corporation with a certificate confirming the foundations are: (i) in conformity with the footing and top of foundation wall elevations, shown on the approved Grading Plan; (ii) sited entirely on the correct lot and conforms to the applicable Zoning By-Law. Site surveys are to be attached to the certificate. (Field notes in lieu of a siting survey will be accepted at this time to allow construction to proceed.) - 9 Certification of foundation elevations by the Consulting Engineer or Ontario Land Surveyor shall be taken to mean conformity with the approved Grading Plan with a tolerance of 150 mm., and will include verification of top of foundation wall, any steps in the foundation (if applicable) and the garage sill. Non-conformance to either siting or foundation elevations shall be brought to the Corporation’s attention for further direction, prior to proceeding with any further construction. The Consulting Engineer or Ontario Land Surveyor shall then provide the Corporation with preliminary lot certificates advising that the lot grading conforms to the approved Grading Plan and is approved for sodding or seeding. Prior to the release of any lot grading conditions of this Subdivision Agreement, the Consulting Engineer or Ontario Land Surveyor, shall provide final certification to the Corporation in the form of as-built elevations on the Grading Plan in accordance with the approved Plan of Subdivision. (c) Upon the elevations and grades being established in accordance with this Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so long as the Owner or Subdivider is the registered owner of the lot. The Parties agree that the Lot Grading Plan is a photographically reduced and un-initialled copy of the Lot Grading Plan, initialled by the parties on the execution of this Agreement and that such initialled Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of the Lot Grading Plan are illegible or conflict with the initialled Plan from which it was made, the initialled Plan shall prevail. (d) If, in the opinion of the Corporation, the Owner or Subdivider has at any time during which the Owner or Subdivider is the registered owner of any lot within the Plan of Subdivision failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation’s opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner or Subdivider, to the Corporation. (e) Where the Owner or Subdivider has sold a lot within the Plan of Subdivision, and in the opinion of the Corporation, the Owner or Subdivider, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c), the Corporation may, after giving such notice to the subsequent Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and remove anything from the lot as in - 10 the Corporation’s opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen (15) days after the mailing of the statement to the subsequent Owner or Subdivider, at his/her last known address. 14. STORM WATER MANAGEMENT A final Stormwater Management report is to be submitted to the Corporation and any affected lands deeded to the Corporation for future maintenance. 15. ADMINISTRATION AND INSPECTION COSTS (a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (b) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Corporation. The Owner or Subdivider hereby agrees to pay all accounts of the Corporation in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Corporation. (c) The Owner or Subdivider agrees with the Corporation that the previously installed infrastructure for Phase 2 of the development is subject to a third-party inspection program and sign-off at the Owner or Subdivider’s cost prior to the assumption by the Corporation. 16. FINANCIAL PAYMENTS – CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner or Subdivider as specified. (a) PARKLAND DEDICATION FEE The Owner or Subdivider shall provide parkland dedication in the form of cash-in-lieu in the amount of $1250.00 per lot for Phase 2 Charles Court 14 lots and shall be collected prior to the registration of Phase 2 of the plan of subdivision. (b) STREET LIGHTING The Owner or Subdivider shall be responsible for any costs associated with street light installation. The type, number and location of the said streetlights shall be in - 11 compliance with the Municipality of Bayham 2016 Street Light Specification Design Criteria and the Corporation shall be provided with a Streetlight Plan for approval prior to any installation. All streetlighting shall be activated prior to the issuance of the first occupancy permit. (c) ELECTRICAL DISTRIBUTION SYSTEM The Owner or Subdivider hereby agrees to construct a complete electrical system at his/her expense including all switches, junction boxes, transformers, wire, hydro service connections, and appurtenances, to the street line to service all lands in the said Plan of Subdivision, according to designs approved by Hydro One and according to its specifications which are in effect at the time of the installation of the system and not necessarily those in effect at the time of this Agreement, and to maintain them until they are formally accepted by Hydro One. Hydro One reserves the right to do the work and the Owner or Subdivider shall pay the total cost. The electrical system within the subdivision, shall be of sufficient size, depth and at a location to adequately service, in the opinion of Hydro One, the subdivision of any lands serviced through it and where it is necessary to extend the system within the subdivision, to the existing system, outside the subdivision, and any adjacent subdivisions, the size, depth and location of the extension must be acceptable to Hydro One. Hydro One may connect or authorize the connection of the electrical system but the connection shall not constitute acceptance of the electrical system by Hydro One. All plans relating to the installation of the electrical system, appurtenances and services must be submitted to Hydro One for approval along with evidence that any variances from their standards are acceptable by the Municipal Electric Association. (d) DEVELOPMENT CHARGES (a) The Subdivider acknowledges that at the date of this Agreement, development charges are payable in respect of any development within the Plan in accordance with the Municipality of Bayham Development Charges By-law, being By-Law No. 2022-067; (b) The Subdivider further acknowledges that if said development charges bylaw is amended or is repealed and a further or additional bylaw is enacted, the development charges payable shall, irrespective of the charges payable at the date of this Agreement, be those payable in accordance with the bylaw or bylaws in effect at the time a building permit is issued. (c) Pursuant to Section 59(4) of the Development Charges Act, SO 1997, c.27, as amended, the Subdivider shall notify in writing each person who first agrees to purchase each subdivided lot within the Plan of all development - 12 charges, including development charges for school purposes, relating to any such Lot. 17. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner or Subdivider, shall supply the Corporation with a Liability Insurance Policy in the amount of Five Million ($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner or Subdivider. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner or Subdivider, agrees to pay the cost of such renewal or renewals within Fourteen (14) days of the account therefore being rendered by the Corporation. The Owner or Subdivider shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (a) As security for the construction and installation of services required by this Agreement, and prior to the release of the Plan of Subdivision, for registration, the Owner or Subdivider, shall supply the Corporation with security for performance and completion of all works required by this Agreement, in the amounts as set out in Schedule “C” Phase 1 and Schedule “C” Phase 2, in the form of an Irrevocable Letter of Credit, or Bank Cheque/Draft from a chartered bank or other financial institution, satisfactory to the Corporation, expressed to be pursuant to this Agreement, and payable to the Corporation at any time or in part, from time to time, upon written notice from the Corporation, that the Owner or Subdivider, is in default under this Agreement. The said security shall be for the period of time set forth in Schedule “B” for the completion of the works. (b) The Owner or Subdivider agrees with the Corporation that after Fifty percent (50%) of the said works are completed, to the satisfaction of the Corporation, the amount of the security will be progressively reduced to the amount equal to the estimated cost of the uncompleted work, plus Twenty per cent (20%) as determined by the Corporation’s Engineer. The reduction will be made after the receipt of the progress certificate from the Consulting Engineer, proof that the contractor has been paid, and approval by the Corporation. However, the said security will not be allowed to be reduced below Twenty-Five per cent (25%) of the estimated cost of all works until all of the work has been completed to the satisfaction of the Corporation’s Engineer and the Corporation and the Owner or - 13 Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If staging is approved by Council, the above shall be applicable per stage. 19. MAINTENANCE GUARANTEE The Owner or Subdivider agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner or Subdivider, will provide at his/her own expense, a Letter of Credit or Bank Cheque/Draft for the sum of Twenty-Five per cent (25%) of the actual cost of all the works still subject to the guarantee, to guarantee the workmanship and materials for a period of four (4) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING The Owner or Subdivider agrees that no building shall be occupied or used for any purpose in the subdivision until sewer, water and electricity are in operation, and in the opinion of the Corporation, capable of providing adequate service. The Owner or Subdivider further agrees that no building shall be occupied or used for any purpose in the subdivision until a base coat of asphalt has been installed on the road immediately in front of the building and extending to an existing municipal road, and to maintain vehicular access to the said building until the roads are formally accepted by the Corporation. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner or Subdivider agrees to complete the work required under this Agreement within the Time Limits specified in the Schedule attached hereto as Schedule “B”, and to guarantee the workmanship and materials for a period of Four (4) years from the date that the said works are approved, in writing, by the Corporation. Any work other than that specifically provided for in Schedule “B” shall be completed within the time limit provided for herein, for sidewalks, curbs and gutters and roads. The Owner or Subdivider shall, in the period prior to final acceptance of the services or utilities to be constructed under this Agreement as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner or Subdivider fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. - 14 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner or Subdivider is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner or Subdivider neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner or Subdivider neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shall the Owner or Subdivider, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner or Subdivider and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, shall be required for the proper completion of the said work, at the cost and expense of the Owner or Subdivider, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner or Subdivider shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner or Subdivider, it being hereby declared and agreed that the assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 23. GENERAL PROVISIONS The Owner or Subdivider agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner or Subdivider agrees that this Agreement shall be registered by the Corporation’s Solicitor upon the title to the lands within the plan of subdivision, and agrees to pay all solicitor’s fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith, upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, - 15 such work to be completed in a good workmanlike manner and at the expense of the Owner or Subdivider. (c) PUBLIC LANDS – FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, other than the actual construction of roads in the subdivision without the written consent of the authority responsible for such lands. The Owner or Subdivider shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner or Subdivider’s compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner or Subdivider within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner or Subdivider further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the plan for registration the Owner or Subdivider shall pay the taxes in full for all the lands included in the said Plan of Subdivision according to the last revised assessment roll, until the lands are assessed and billed as a registered plan. (g) LOCAL IMPROVEMENTS Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said plan of subdivision. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. - 16 Any and all approval of plans and specifications by the Corporation does not relieve the Owner or Subdivider of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner or Subdivider to supply any third party contractor with all necessary information to compete the works contemplated under this Agreement. (i) STREETS (i) A Traffic Impact Statement (TIS) was conducted by RC Spencer Associates Inc. Consulting Engineers. Their report entitled, “MacNeil Subdivision, Port Burwell, ON Traffic Impact Statement” and dated March 13, 2023 evaluated and commented on the potential traffic impact of the Phase 2 residential cul-de-sac. The TIS concluded that the additional traffic generated by the development will not adversely impact area traffic operations. (ii) During the construction of the services and utilities required to be constructed under this Agreement and during the construction of any dwelling units to be constructed within the subdivision, all streets within the development site Charles Court (Phase 2) shall be maintained in good repair and clean by the Owner or Subdivider but this obligation and liability of the Owner or Subdivider does not extend beyond the time of final acceptance. Until final acceptance the Owner or Subdivider shall be responsible to maintain the entrances to the site on the existing municipal street to ensure the roads are kept clean and free from dust and debris. (j) STREET SIGNS Street signs and traffic control signs will be installed by the Corporation at the Owner’s expense. (k) LICENCE TO ENTER To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (l) SANDING, DUST CONTROL, SNOW/ICE REMOVAL FROM ROADS Prior to the Corporation assuming the services, the Owner or Subdivider agrees to provide, at their expense, dust and weed control. The Owner or Subdivider shall snowplow and sand any unpaved roads when required to provide and maintain safe and adequate vehicular access to all occupied buildings. The Corporation agrees to snowplow and sand all paved roads in the subdivision upon completion by the owner of the base coat of asphalt and when all frames and - 17 covers for catchbasins, manholes and water valves have been set at the same elevation as the base coat of asphalt so they will not interfere with snowplowing operations. The Owner or Subdivision agrees that any service provided by the Corporation prior to formal acceptance of the roads by the Corporation shall not be deemed acceptance of the roads. (m) SURVEY MONUMENTS AND MARKERS Prior to the formal acceptance of the services and roadwork by the Corporation, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars and survey monuments as they pertain to only vacant lots remaining on the date of the acceptance of the subdivision. (n) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation’s bank shall be payable by the Owner or Subdivider, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen (14) days after the date of the invoice. (o) CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered within one year from the date hereof, the Corporation may, at its option, on one month’s notice to the Owner or Subdivider, declare this Agreement to be null and void. (p) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (q) UNSOLD LOTS The Owner or Subdivider is to provide suitable grass, weed and dust control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a charge or lien to the property. (r) STAGING The Owner or Subdivider covenants and agrees that the construction of the subdivision will be completed in one Phase being Phase 2 – Charles Court (14 lots) with some or all of the services required to be provided by the Owner or Subdivider and the Owner or Subdivider may complete such services in accordance with such time lines as specified in Schedule “B”. - 18 (s) BUILDING PERMITS The Owner or Subdivider covenants and agrees not to apply for any building permit for any building on the lands until the following pre-requisites have been satisfied: 1. The Water/Wastewater Operations Manager or designate has advised in writing that all sanitary sewer and water main systems have been constructed and installed in accordance with this agreement and are connected to existing facilities that are in operation and until the entire system is, in the opinion of the Manager capable of servicing said lands. 2. The Manager of Public Works or designate has advised in writing that rough grading has been carried out to his/her satisfaction and that building permits may be issued in accordance with the grading control plan attached hereto as Schedule ‘D’; curb and gutter, storm water sewer systems and base coat of asphalt has been installed; all traffic and street signs have been installed. Exceptions to this condition may be permitted where, in the opinion of the Manager of Public Works, there are extenuating circumstances. In these cases, the Owner or Subdivider shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner or Subdivider. 3. Hydro One has advised the Corporation in writing that the complete electrical system has been installed in accordance with this agreement and is capable of servicing the lands. Exceptions to this condition may be permitted in writing at the discretion of the Corporation. 4. The Owner or Subdivider has satisfied all the financial requirements under this agreement. (t) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in the front yard and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the front property line and located so as not to interfere with services and utilities at any time. (u) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner or Subdivider agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion - 19 provisions such as silt fencing, straw bales and rough grading of undeveloped lots to maintain all surface water on developed property. (v) DRIVEWAY APPROACHES The Owner or Subdivider shall pave all driveway approaches to the satisfaction of the Manager of Public Works upon the construction of the building serviced by any such driveway. If any dropped curb is not located correctly with respect to any driveway, the Owner shall construct a dropped curb in the correct location and shall fill in the original dropped curb in accordance with specifications. (w) CANADA POST The Owner or Subdivider shall coordinate with Canada Post and the Manager of Public Works for the installation of a community mailbox at a mutually agreed upon location to provide postal services for MacNeil Subdivision – MacNeil Court Phase 1 and Charles Court Phase 2. (x) ARCHAELOGICAL ASSESSMENT An Archaeological Assessment of the Lands was conducted by Mayer Heritage Consultants Inc., London Ontario. Their report entitled, “Archaeological Assessment (Stages 1 and 2) Proposed MacNeil Subdivision, Town of Port Burwell, Elgin County, Ontario” and dated November 2009 recommended that no further assessment or mitigative measures are warranted for locations identified within the Report. The Culture Programs Unit, Programs and Services Branch Culture Division, of the Ontario Ministry of Tourism, Culture and Sport, in a letter dated March 1, 2011 is satisfied that the fieldwork and reporting of the archaeological assessment is consistent with the Ministry’s 1993 Standards and Guidelines for Consultant Archaeologists and the terms and conditions for archaeological licences. The Subdivider is advised that in the event that deeply buried archaeological remains should be discovered during construction, it is recommended that archaeological staff of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly, in the event that human remains should be encountered during construction, the Funeral, Burial and Cremation Services Act, 2002, S.O.2002.c33 (FBCSA) requires that any person discovering human remains must notify the appropriate municipal police, the local coroner, and the Bereavement Authority of Ontario. (y) MODEL HOME The Corporation agrees to the issuance of one building permit for the purpose of constructing one model home on Lot # 1 Charles Court for the benefit of the - 20 Owner or Subdivider to market the subdivision. This one model may be constructed in advance of the installation of base coat asphalt and preliminary acceptance of the services provided suitable arrangements satisfactory to the Corporation have been made for fire protection and access. The model may not be occupied as a residential unit until base coat asphalt has been placed and preliminary acceptance of services has been granted. 24. The Owner or Subdivider agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications; also, of all excavations, drains, sheathing, shoring, false-work, forms, tools, appliances, and materials necessary for the safe expeditious and effective execution of all temporary and permanent work. The Owner or Subdivider shall be responsible for obtaining the location of all other Utilities such as Electric Underground Cables, Telephone Conduits, Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the utility concerned, and must protect and/or repair same subject to the regulations of the particular service involved Excavations, backfilling and all work on Municipal Streets must have the approval of the Engineer and/or Corporation. Pavements, driveways, entrance to property, lawns, etc., must be replaced in as good condition as found. Barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize the risk of damage and inconvenience to others. All work shall be carried out so that it conforms to the regulations of the Trench Excavators Act, and the Worker’s Compensation Board, as it pertains to the safe working conditions of the workers employed on the job. Where a watermain is installed across a non-consolidated sewer or other trench adequate horizontal and vertical bracing must be installed to properly support the pipe during settlement of the trench. The Owner or Subdivider shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. The closing of roads due to the installation of watermains must have the approval of - 21 the Corporation’s Engineer and the Owner or Subdivider, must observe all applicable regulations. If the Owner or Subdivider wishes to use a fire hydrant for a supply of water for construction purposes he must obtain approval from the Fire Chief and/or Corporation and provide a proper fitting, complete with shut-off valve to attach to the hydrant. Under no condition is he to operate a hydrant repeatedly as this may cause damage to the mechanism necessitating a compete overhaul. The opening and closing of valves and the loading of watermains only to be performed by employees of the Corporation or its agents. The Consulting Engineer(s) shall make arrangements in advance for this type of work to be done. The cost of performing this service will be charged to the Owner or Subdivider and all accounts shall be settled on demand. All cutting connecting to the Corporation’s existing mains are normally made by the Corporation’s forces at the expense of the Owner or Subdivider. This work may be performed by the Owner or Subdivider by permission of the Engineer and/or Corporation, and with the Inspector present. In the absence of the Owner or Subdivider from the job (whether permanent or temporary), he/she shall provide and leave a competent and reliable agent or foreman in charge and all notices communications, instructions, or orders given, sent, or served upon this person, shall be taken as served upon the Owner or Subdivider. (b) SPECIFICATIONS The Owner or Subdivider agrees that the installation of the water distribution system was carried out in accordance with the specifications previously referred to as supplied by the Corporation. These specifications are considered to be a part of this Agreement. (c) LIENS OR CLAIMS The Owner or Subdivider agrees that, upon applying for final acceptance of the waterworks system in the said subdivision, to supply the Corporation with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner or Subdivider, in connection with the subdivision. 25. Schedules “A” through “C2” as listed are attached hereto: 1. Schedule “A” Drawings Descriptions 2. Schedule “B” Estimated Time Limits – April 11, 2023 3. Schedule “C” Phase 1 - Security and Cash Payment 4. Schedule “C” Phase 2 – Security and Cash Payment - 22 All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner or Subdivider may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be reasonably required by the parties for the completion of the work contemplated by this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. JO-LYNN PT. BURWELL INC. ____________________________ Witness Hugh MacNeil, President I am authorized to bind the corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Ed Ketchabaw, Mayor Thomas Thayer, Clerk - 23 SCHEDULE “A” MacNeil Subdivision – Phase 2 Charles Court Subdivision Agreement Drawings Descriptions The following are the list of plans identified by drawing numbers and descriptions that are located in the municipal office. Drawing No. Description Date/Version 7-31-100 General Plan of Services - As Constructed - As Constructed Rev 10 11/08/10 7-31-101 Plan and Profile Elizabeth St. – Easements - As Constructed Check Rev 11 10/02/23 7-31-102 Plan and Profile Charles Court – William Court - As Constructed Check Rev 11 01/10/23 7-31-200 Lot Grading Plan - As Constructed Check Rev 11 02/10/23 7-31-400 Pre Development Plan - As Constructed Check Rev 10 02/10/23 7-31-401 Post Development Plan - As Constructed Check Rev 10 02/10/23 7-31-402 Storm Water Management Plan - As Constructed Check Rev 11 02/10/23 7-31-403 Landscaping Plan - As Constructed Check Rev 10 02/10/23 MacNeil Subdivision MacNeil Court & Charles Court ROADWORKS ESTIMATED TIME LIMIT FOR CONSTRUCTION 1) Supply and install remaing granular road base, concrete curb Phase 2 - Charles Court and gutter, base asphalt and electrical distibution system May-23 2) Sidewalk on one side of street, top course of asphalt Phase 1 - MacNeil Court Summer 2024 Phase 2 - Charles Court Summer 2024 Cathy Weatherall, P. Eng. SCHEDULE 'B' Estimated Time Limits 4/11/2023 Prepared By: Girard Engineering 1 MacNeil Subdivision MacNeil Court & Charles Court PHASE 1 - MACNEIL COURT & CHARLES COURT SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. A. ROADWORKS A1 Elizabeth Street a) Cut & restore asphalt and granulars LS 1.00 21,280.00$ 21,280.00$ 2,128.00$ -$ b) Re-grade roadside ditch LS 1.00 1,054.00$ 1,054.00$ -$ -$ c) Tree removal LS 1.00 3,300.00$ 3,300.00$ -$ -$ A2 MacNeil Court a) Granular 'B' roadbase - 450mm LS 1.00 17,840.00$ 17,840.00$ -$ -$ b) Granular 'A' roadbase - 150mm LS 1.00 6,600.00$ 6,600.00$ -$ -$ c) Curb and Gutter - OPSD 600.10 LS 1.00 9,020.00$ 9,020.00$ -$ -$ d) Base Asphalt - 50mm HL4 LS 1.00 16,280.00$ 16,280.00$ -$ -$ Total Part A. Roadworks 75,374.00$ 2,128.00$ -$ B. SANITARY SEWERS B1 MacNeil Court a) 200mm SDR 35 PVC pipe LS 1.00 6,084.00$ 6,084.00$ -$ -$ b) Manhole 3 LS 1.00 3,104.00$ 3,104.00$ -$ -$ c) Manhole 4 LS 1.00 3,360.00$ 3,360.00$ -$ -$ d) 125mm SDR 28 Sanitary services LS 1.00 12,070.00$ 12,070.00$ -$ -$ Total Part B. Sanitary Sewers 24,618.00$ -$ -$ C. STORM SEWERS C1 Elizabeth Street a) 250mm PVC pipe LS 1.00 4,562.80$ 4,562.80$ -$ -$ b) CB 0.1 LS 1.00 1,100.00$ 1,100.00$ -$ -$ c) CB 0.2 LS 1.00 1,200.00$ 1,200.00$ -$ -$ d) CB 0.3 LS 1.00 1,250.00$ 1,250.00$ -$ -$ e) Connect to ex. CB LS 1.00 45.00$ 45.00$ -$ -$ f) 50mm rigid insulation LS 1.00 660.00$ 660.00$ -$ -$ C2 MacNeil Court a) 300mm PVC pipe LS 1.00 5,073.00$ 5,073.00$ -$ -$ b) 300mm PVC pipe (CB Lead)LS 1.00 2,405.00$ 2,405.00$ -$ -$ c) 250mm PVC pipe (CB Lead)LS 1.00 1,360.00$ 1,360.00$ -$ -$ d) Double CB 2.0 LS 1.00 2,100.00$ 2,100.00$ -$ -$ e) Double CB 2.1 LS 1.00 2,100.00$ 2,100.00$ -$ -$ f) CB 1.0 LS 1.00 1,300.00$ 1,300.00$ -$ -$ g) CB 1.1 LS 1.00 1,250.00$ 1,250.00$ -$ -$ h) 50mm rigid insulation LS 1.00 2,112.00$ 2,112.00$ -$ -$ C3 Easements - Lot 16/17 a) 450mm PVC pipe LS 1.00 11,305.00$ 11,305.00$ -$ -$ b) 900mm x 900mm CBMH3 LS 1.00 3,200.00$ 3,200.00$ -$ -$ c) 1200mm MH1 LS 1.00 2,880.00$ 2,880.00$ -$ -$ d) OPSD 804.03 Headwall LS 1.00 3,300.00$ 3,300.00$ -$ -$ e) 50mm rigid insulation LS 1.00 1,056.00$ 1,056.00$ -$ -$ C4 Easements - RLCB4 4.1 / CBSTMH3 a) 450mm PVC pipe LS 1.00 3,904.00$ 3,904.00$ -$ -$ b) 300mm PVC pipe LS 1.00 6,375.00$ 6,375.00$ -$ -$ c) RLCB 4.1 LS 1.00 1,280.00$ 1,280.00$ -$ -$ e) 50mm rigid insulation LS 1.00 1,188.00$ 1,188.00$ -$ -$ SCHEDULE 'C' - Phase 1 Security and Cash Payment 1/9/2023 Prepared By: Girard Engineering 1 SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. C. STORM SEWERS CONTINUED C5 Storm Water Management Pond a) Strip Topsoil LS 1.00 504.00$ 504.00$ -$ -$ b) Excavation (Cut)LS 1.00 4,760.00$ 4,760.00$ -$ -$ c) Place Topsoil 30 cm depth LS 1.00 9,200.00$ 9,200.00$ -$ -$ d) Hydroseed LS 1.00 1,675.00$ 1,675.00$ -$ -$ e) Planting as per Landscape Plan LS 1.00 10,000.00$ 10,000.00$ -$ -$ f) Turf Reinforcement LS 1.00 3,150.00$ 3,150.00$ -$ -$ g) 150 mm Rip Rap (+ Filter Cloth) LS 1.00 816.00$ 816.00$ -$ -$ h) 900 mm CSP Outlet Structure LS 1.00 3,620.00$ 3,620.00$ -$ -$ i) OPSD 403.01 1200 x 600 DICB LS 1.00 2,303.00$ 2,303.00$ -$ -$ j) STC 750 StormCeptor LS 1.00 26,398.58$ 26,398.58$ -$ -$ k) 200 mm Pipe LS 1.00 770.00$ 770.00$ -$ -$ l) 150 mm Pipe LS 1.00 660.00$ 660.00$ -$ -$ m) 100 mm Pipe LS 1.00 760.00$ 760.00$ -$ -$ n) Connect to Existing CB LS 1.00 94.00$ 94.00$ -$ -$ o) 1.5 m high Board on Board Fence LS 1.00 8,905.00$ 8,905.00$ -$ -$ Total Part C. Storm Sewers 134,621.38$ -$ -$ D. WATERMAINS D1 Elizabeth Street a) 150 mm DR18 PVC Watermain LS 1.00 10,626.00$ 10,626.00$ -$ -$ b) 150x150x150 Tee LS 1.00 720.00$ 720.00$ -$ -$ c) 150x150x100 Tee LS 1.00 680.00$ 680.00$ -$ -$ d) 150 mm Gate Valve LS 1.00 3,620.00$ 3,620.00$ -$ -$ e) Fire Hydrant, lead & valve LS 1.00 8,900.00$ 8,900.00$ -$ -$ f) Connection to Existing Main LS 1.00 380.00$ 380.00$ -$ -$ D2 MacNeil Court a) 100 mm DR 18 PVC Pipe LS 1.00 3,808.00$ 3,808.00$ -$ -$ b) 50 mm HDPE Pipe LS 1.00 4,165.00$ 4,165.00$ -$ -$ c) 100 mm Gate Valve LS 1.00 1,630.00$ 1,630.00$ -$ -$ d) 100x100x50 Tee LS 1.00 460.00$ 460.00$ -$ -$ e) 50 mm Gate Valve LS 1.00 780.00$ 780.00$ -$ -$ f) 100 - 50 Reducer LS 1.00 620.00$ 620.00$ -$ -$ g) 50 mm Blowoff Assembly LS 1.00 710.00$ 710.00$ -$ -$ h) 20 mm Services (14 WSC's)LS 1.00 6,300.00$ 6,300.00$ -$ -$ D3 Charles Court a) 100 mm DR 18 PVC Pipe LS 1.00 $3,920.00 3,920.00$ -$ -$ b) 50 mm HDPE Pipe LS 1.00 $4,250.00 4,250.00$ -$ -$ c) 100 mm Gate Valve LS 1.00 $1,630.00 1,630.00$ -$ -$ d) 100x100x50 Tee LS 1.00 $460.00 460.00$ -$ -$ e) 50 mm Gate Valve LS 1.00 $780.00 780.00$ -$ -$ f) 100 - 50 Reducer LS 1.00 $620.00 620.00$ -$ -$ g) 50 mm Blowoff Assembly LS 1.00 $710.00 710.00$ -$ -$ h) 20 mm Services (14 WSC's)LS 1.00 $7,500.00 7,500.00$ -$ -$ Total Part D. Watermains 63,269.00$ -$ -$ E. SECONDARY SERVICES E1 MacNeil Court a) Surface Asphalt - 40 mm HL3 ($115.65/tonne)LS 1.00 $10,710.00 10,710.00$ -$ 10,710.00$ Updated 2022 Price - $135/Tonne 1,792.35$ b) Sidewalk - 1.5 m (92.25m@$89.90m)LS 1.00 $8,294.00 8,294.00$ -$ 8,294.00$ Updated 2022 Price - $125m 3,237.25$ c) Driveway Ramps (14 @ $500 ea)LS 1.00 $7,000.00 7,000.00$ -$ 7,000.00$ Updated 2022 price - $600 ea 1,400.00$ d) Blvd Topsoil & Sod ($350/lot)LS 1.00 $4,900.00 4,900.00$ -$ 4,900.00$ Updated 2022 price - $600/lot 3,500.00$ e) Blvd Trees LS 1.00 $2,100.00 2,100.00$ -$ 2,100.00$ Updated 2022 price - $300 ea 2,100.00$ f) Base Asphalt repairs LS 1.00 $6,500.00 6,500.00$ -$ 6,500.00$ Total Part E. Secondary Services 39,504.00$ -$ 51,533.60$ 1/9/2023 Prepared By: Girard Engineering 2 SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. F. STREET LIGHTING a) Street lighting and Wiring LS 1.00 $5,000.00 5,000.00$ -$ -$ Total Part F. Street lighting 5,000.00$ -$ -$ G. MISCELLANEOUS ITEMS G1 Earthmoving a) Topsoil Stripping LS 1.00 $7,701.20 7,701.20$ -$ -$ b) Cut Material LS 1.00 $12,100.00 12,100.00$ -$ -$ c) Engineered Fill (98% SPD) LS 1.00 $3,620.00 3,620.00$ -$ -$ G2 Miscellaneous a) Construction Layout LS 1.00 $5,250.00 5,250.00$ -$ -$ b) Insurance LS 1.00 $500.00 500.00$ -$ -$ c)Test & Chloinate Watermain LS 1.00 $1,000.00 1,000.00$ -$ -$ d) Flush & Video Storm and Sanitary Sewers LS 1.00 $1,235.00 1,235.00$ -$ -$ Total Part G. Miscellaneous Items 31,406.20$ -$ -$ H. SUMMARY FOR PHASE 1 CONSTRUCTION Part A - Roadworks 75,374.00$ 2,128.00$ -$ Part B - Sanitary Sewers 24,618.00$ -$ -$ Part C - Storm Sewers 134,621.38$ -$ -$ Part D - Watermain 63,269.00$ -$ -$ Part E - Secondary Services 39,504.00$ -$ 51,533.60$ Part F - Streetlighting 5,000.00$ -$ -$ Part G - Miscellaneous Items 31,406.20$ -$ -$ Sub-Total 373,792.58$ 2,128.00$ 51,533.60$ HST (Less Rebarte - 1.76%)374.53$ 9,069.91$ Totals 1,753.47$ 42,463.69$ Total Performance + Maintenance Security Required 44,217.16$ Cathy Weatherall, P. Eng. 1/9/2023 Prepared By: Girard Engineering 3 MacNeil Subdivision MacNeil Court & Charles Court PHASE 2 - CHARLES COURT SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. A. ROADWORKS A1 Charles Court a) Remove existing contaminated Granular 'B' m3 100.00 65.00$ 6,500.00$ -$ 6,500.00$ (Remove top 50-75mm+ex. laneway) b) Granular 'B' Roadbase Tonne 540.00 15.00$ 8,100.00$ -$ 8,100.00$ c) Granular 'A' Roadbase - 150mm x 998m2 Tonne 400.00 17.00$ 6,800.00$ -$ 6,800.00$ d) Curb & Gutter - OPSD 600.10 m 177.00 45.00$ 7,965.00$ -$ 7,965.00$ e) HL4 Base Asphalt - 50mm x 932m2 Tonne 116.50 110.00$ 12,815.00$ -$ 12,815.00$ f) HL8 Surface Asphalt - 40mm x 932m2 Tonne 93.20 125.00$ 11,650.00$ -$ 11,650.00$ g) Sidewalk - 1.5m wide m 140.85 $40.00 5,634.00$ -$ 5,634.00$ h) Driveway Ramps EA 14.00 $600.00 8,400.00$ -$ 8,400.00$ i) Blvd Topsoil & Sod EA 14.00 $900.00 12,600.00$ -$ 12,600.00$ j) Blvd Trees EA 14.00 $300.00 4,200.00$ -$ 4,200.00$ Total Part I. Roadwork 84,664.00$ -$ 84,664.00$ SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. B. STREET LIGHTING a) Street lighting and Wiring LS 1.00 $10,000.00 10,000.00$ -$ 10,000.00$ b) Bore across Elizabeth Street LS 1.00 $5,000.00 5,000.00$ -$ 5,000.00$ Total Part J. Street lighting 10,000.00$ -$ 15,000.00$ C. SUMMARY FOR PHASE 2 CONSTRUCTION Part A- Roadworks 84,664.00$ -$ 84,664.00$ Part B - Street Lighting 10,000.00$ -$ 15,000.00$ Sub-Total Phase 2 94,664.00$ -$ 99,664.00$ HST (Less Rebarte - 1.76%)-$ 17,540.86$ Totals -$ 82,123.14$ Total Performance + Maintenance Security Required 82,123.14$ Cathy Weatherall, P. Eng. SCHEDULE 'C' - Phase 2 Security and Cash Payment 1/9/2023 Prepared By: Girard Engineering 4 © Latitude Geographics Group Ltd. 0.2 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Kilometers0.2 Notes Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.110 1:4,407 Phase 2 - Charles Court - Elizabeth Street Elgin County Parcels E911 Boundary Elgin Road Network Elgin Road Network Elgin Road Network Lagoons World Imagery 99 Christie Lake Road Perth, ON K7H 3C6 613-267-4200 www.lanarkcounty.ca May 24th, 2023 The Honourable David Lametti, PC, MP via email and mail Minister of Justice and Attorney General of Canada 284 Wellington Street Ottawa, ON K1A 0A6 Dear Mr. Lametti, The Council of the County of Lanark wishes to express its support for legislative measures to help first responders from violence, particularly those found in Bill C-321. Paramedics and other first responders provide an essential and valuable service in our community and often subject to increased levels of violence due to the nature of their jobs. It is essential that all levels of government unite to demonstrate the importance of the safety and well-being of all first responders. Sincerely, Jasmin Ralph, Clerk 613-267-4200 ext. 1502 Cc: All Ontario Municipalities Association of Municipalities of Ontario Municipality of Bayham Housing Market Update for May 2023 Year-to-date *Based on residential data from the Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® MLS® System. All percentage changes are year-over-year comparisons Sold Listings, down 28.9% Year-to-date home sales numbered 32 units at the end of May 2023, this is down 28.9% compared to May 2022. New Listings, down 11.8% Year-to-date there were 60 listings added by the end of May 2023, this is down 11.8% compared to the same period in 2022. Available inventory is up 250% **At the end of May 2023 there was 4.2 months of inventory, up from 1.2 months of inventory at the end of May 2022 **The year-to-date months of inventory figure is calculated as average active listings from May to current month/average sales from May to current month. Average Price is down 5.2% Year-to-date the average residential property in Municipality of Bayham sold for $708,625, down 5.2% compared to the same period in 2022. The trademark MLS®, Multiple Listing Service® and the associated logos are owned by the Canadian Real Estate Association (CREA) and identify the quality of service provided by real estate professionals who are members of CREA. The Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® operates the Multiple Listing Service® in the region. REALTOR® is a trademark, which identifies real estate professionals who are members of the Canadian Real Estate Association and, as such, subscribe to a high standard of professional service and to a strict Code of Ethics. Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® 6-65 Springbank Avenue, Woodstock, Ontario N4S 8V8 Phone: 519-539-3616 MUNICIPALITY OF BAYHAM REAL ESTATE MARKET REPORT FOR MAY 2023 The number of homes sold through the MLS® System of the Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® in Municipality of Bayham totaled 10 units in May 2023. This was on par with May 2022. On a year-to-date basis, home sales totaled 32 units in 2023. This is a decrease of 28.9% when compared to 2022. In May 2023, the average price of homes sold was $664,490, a slight increase of 0.2% from May 2022. The more comprehensive year-to-date average price was $708,625, a decrease of 5.2% compared to 2022. On a year-to-date basis the dollar volume of all sales totaled $22.6 million, down 32.6% compared to the same period in 2022. The number of new listings was comparable to May 2022. In May 2023 there were 21 new residential listings. There were 30 active residential listings on the market at the end of May, an increase of 57.9% compared to May 2022. Months of inventory numbered 3.0 months at the end of May 2023, up from 1.9 months to the end of May 2022. The number of months of inventory is the number of months it would take to sell current inventories at the current rate of sales activity. CONTACT: PRESIDENT GOV’T RELATIONS CHAIR EXEC. OFFICER ANTHONY MONTANARO FRED FREEMAN NICOLE BOWMAN Anthony.Montanaro@century21.ca ffreeman@oxford.net nicole@witaar.ca 905-334-2016 519-421-5714 519-532-4078 MARKET REPORT Elgin County Council has given the green light for a mural to be placed on the west-facing external wall of the Elgin County Heritage Centre. The mural is set to showcase the 1840 journey of the Oneida Nation of the Thames, which saw them travelling from upstate New York, across Lake Erie, and through present-day Elgin County before settling on lands near the Thames River. Elgin's Community and Cultural Services Department has forged a strong partnership with the Oneida Language & Cultural Centre in recent years. This has led to discussions on ways the two neighbouring communities can collaborate more closely on Indigenous programming and historical research. This mural project will be painted on-site at the Oneida Language & Cultural Centre. These panels will be mounted together at the Heritage Centre to create a cumulative mural size of 8 feet by 16 feet. The project is set to be finished and installed by the end of 2023, with an unveiling ceremony planned for either fall 2023 or spring 2024. COMMEMORATING ONEIDA HERITAGE THROUGHMURAL COLLABORATION PAGE 01ELGIN COUNTY COUNCIL HIGHLIGHTS COUNCILHIGHLIGHTS TUESDAY, MAY 23, 2023 IN THIS ISSUE: Commemorating Oneida Heritage through Mural Collaboration Advocating for Additional Funding to Support Terrace Lodge's Redevelopment Project Chevron Signs to be Added to Imperial Road in Port Bruce to Address Safety Concerns Local Festivals, Events, and Services to be Strengthened Through Council's Community Grant Program On the Road to Progress: Evaluating Traffic Concerns in Vienna Unanimous Support for Addressing Concerns over Changes to East Elgin Secondary School's Potential Boundary Changes ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 02 The Ministry of Long-Term Care announced a Construction Funding Subsidy (CFS) Top-Up in November 2022 to aid in developing or redeveloping long- term care homes in Ontario. The funding was intended to speed up the creation of new long-term care beds before August 31, 2023, by providing eligible homes with an additional $35 per bed per day. Unfortunately, the redevelopment of Terrace Lodge (one of Elgin's three long-term care homes) is not eligible for the CFS Top-Up, as the development agreement was signed in March 2022. However, receiving the additional funding of $35 per bed per day for 25 years would have been a significant boost for the project, as it could have supported most, if not all, of the debt repayment related to the capital loan taken out to rebuild Terrace Lodge. Moreover, this funding would benefit all residents of the County of Elgin by reducing the burden of debt repayment on the levy, particularly for Phases 2 and 3 of the project. Council members have been actively trying to secure additional funding from the Ministry of Long-Term Care through delegations and meetings with Provincial officials. Staff have also discovered two other potential advocacy opportunities to support and advance Council's efforts to fund the Terrace Lodge Redevelopment Project. ADVOCATING FOR ADDITIONAL FUNDING TO SUPPORT TERRACE LODGE'S REDEVELOPMENT PROJECT The Township of Malahide requested the installation of guard rails on Imperial Road in the Village of Port Bruce. In response, Council instructed staff to install Chevron alignment signs on the road instead, based on the Ontario Traffic Manual, along the horizontal roadway curve immediately north of Rush Creek Line. Even though it's not required at this location, the installation of Chevron signs is a reasonable solution to address the safety concerns raised by the Township of Malahide. Elgin County staff will monitor the area to ensure these signs are effective. CHEVRON SIGNS TO BE ADDED TO IMPERIAL ROAD IN PORT BRUCE TO ADDRESS SAFETY CONCERNS ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 03 In 2020, the Rural Initiatives and Planning Advisory Committee established the Community Grant Program (CGP) to determine how the Council's grant budget should be distributed. Every year, community organizations have the opportunity to apply for either the Community Services or Festivals and Events streams. During the May 23rd County Council Meeting, 13 grant requests were approved for a total of $72,900, equivalent to $3.68 per household. Additionally, the County will provide $500 towards Fanshawe College's Personal Support Work Program. LOCAL FESTIVALS, EVENTS, AND SERVICES TO BE STRENGTHENED THROUGHCOUNCIL'S COMMUNITY GRANT PROGRAM For the complete May 23, 2023, County Council Agenda Package, please visit the Elgin County website. Conduct a traffic and speed study on Plank Road located at Chute Line in Vienna; Review the 50 km/h speed limit zone on Plank Road situated at Light Line in Vienna; and Provide a report on their findings during an upcoming Council meeting. In response to a request received from the Municipality of Bayham, Council directed staff to complete the following: ON THE ROAD TO PROGRESS: EVALUATING TRAFFIC CONCERNS IN VIENNA The Town of Aylmer has expressed their concerns to the County Council regarding the proposed changes that would affect the East Elgin Secondary School catchment area. Elgin County Council unanimously supported the matter and requested the Warden to write a letter to the Thames Valley District School Board outlining their concerns about these changes. UNANIMOUS SUPPORT FOR ADDRESSING CONCERNS OVER CHANGES TOEAST ELGIN SECONDARY SCHOOL'S POTENTIAL BOUNDARY CHANGES LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of May 3, 2023 Approved June 7, 2023 FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 - Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Dave Beres Town of Tillsonburg Doug Brunton Norfolk County Robert Chambers County of Brant Tom Masschaele Norfolk County Stewart Patterson Haldimand County Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford Regrets: Shelley Ann Bentley Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Zachary Cox, Interim Marketing Coordinator Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The Chair called the meeting to order at 6:30 p.m., Wednesday, May 3, 2023. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Minutes of the Previous Meeting a) Board of Directors Meeting of April 5, 2023 There were no questions or comments. FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 - A-45/23 Moved by C. Van Paassen Seconded by T. Masschaele THAT the minutes of the LPRCA Board of Directors Meeting held April 5, 2023 be adopted as circulated. Carried 5. Business Arising No business arising from the previous minutes. 6. Review of Committee Minutes There were no Committee Minutes presented. 7. Correspondence There was no correspondence presented for review. 8. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegating authority, 21 applications were approved in the past month. LPRCA-54/23, LPRCA-60/23, LPRCA-61/23, LPRCA-62/23, LPRCA-63/23, LPRCA-64/23, LPRCA-65/23, LPRCA-66/23, LPRCA-67/23, LPRCA-68/23, LPRCA-69/23, LPRCA-71/23, LPRCA-73/23, LPRCA-74/23, LPRCA-75/23, LPRCA-76/23, LPRCA-77/23, LPRCA-78/23, LPRCA-79/23, LPRCA-80/23 and LPRCA-81/23 All of the staff-approved applications met the requirements as set out in LPRCA’s policies for the administration of Section 28 of the Conservation Authorities Act. A-46-23 Moved by D. Beres Seconded by P. Ypma THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated May 3, 2023 as information. Carried FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 - 9. New Business a) General Manager’s Report The General Manager provided an overview of operations this past month. The General Manager and the Vice-Chair attended the Conservation Ontario Annual General Meeting on April 3, 2023. The Planning Department issued 41 permits as at April 25, 2023, down slightly from last year. Bill 97 had first reading on April 6, 2023 and there was no schedule amending the Conservation Authorities Act. A staff report will be presented at the June meeting. The Campgrounds were opened May 1, 2023 and to date there are 403 seasonal camping sites registered. Hiring is ongoing, and upgrades and seasonal repair work continues at all of the campgrounds. Staff participated in two tree planting events in April. On April 22, in partnership with Norfolk County staff, a planting event was hosted with approximately 40 scouts to plant 2,750 trees. On April 27, LPRCA staff hosted 10 students from Glendale High School and 800 trees were planted. A-47/23 Moved by R. Weisler Seconded by S. Patterson That the LPRCA Board of Directors receives the General Manager’s Report for April 2023 as information. Carried b) Q1 Financial Report – March 31, 2023 The Manager of Corporate Services reviewed the financials up to and including March 31, 2023. Revenues to date represent 27.4% of the annual budget and expenditures 14.9%. Planning revenues are down 4% from the previous year, Forestry revenues are currently projected to meet target, and the campgrounds are also currently projected to meet the year-end target. FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 - Overall, the Authority is in a positive financial position for the first quarter of 2023. A-48/23 Moved by P. Ypma Seconded by M. Columbus THAT the LPRCA Board of Directors receives the Q1 Financial Report – March 31, 2023 for the period up to and including March 31st, 2023 as information. Carried c) LPRCA Strategic Plan 2024-2027 The current 2019-2023 Strategic Plan ends at the end of this year. Many elements of the current plan remain relevant with some minor updates needed. Staff recommended a refresh of the 2019-2023 Strategic Plan, with input from staff and the board, for the 2024-2027 Strategic Plan. A-49/23 Moved by D. Beres Seconded by R. Weisler THAT the LPRCA Board of Directors directs staff to review the 2019-2023 Strategic Plan and present the Board with a Strategic Plan Refresh for the 2024-2027 period. Carried d) Regulations Officer and Provincial Regulations Officer Appointment Isabel Johnson, Resource Planner, recently completed a Level 1 Provincial Offences Officer training session. With this appointment, there will be two staff members appointed as LPRCA Regulations Officers and Provincial Offences Officers for the purpose of compliance and enforcement of Section 28 and 29 of the Conservation Authorities Act, and five staff members appointed for the purpose of compliance and enforcement of Section 29 of the Conservation Authorities Act and the Trespass to Property Act. A-50/23 Moved by T. Masschaele Seconded by D. Brunton THAT the LPRCA Board of Directors appoint Isabel Johnson, Resource Planner, as an LPRCA Regulations Officer and Provincial Offences Officer for the purpose of compliance and enforcement of any regulation made under Section 28 and 29 of the FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 5 - Conservation Authorities Act and the Trespass to Property Act. Carried e) Vittoria Class Environmental Assessment RFP – Consulting Services The Vittoria Dam, constructed between 1805 to 1810 and rebuilt in 1964, is showing noticeable deterioration. A Dam Safety Review was completed on the dam in 2014/2015 that identified a number of deficiencies and recommended an Environmental Assessment (EA) to address a number of concerns and provide solutions for the dam based on the potential for significant environmental effects. An application for funding was submitted to the Water and Erosion Control Infrastructure (WECI) program, and LPRCA was successful in their request for funding receiving approval for 50% of the total costs to a maximum of $75,000. The remaining 50% was included in the 2023 capital. A Request for Proposal (RFP) was issued for the Vittoria Dam Class EA project and four proposals were received by the deadline. Three of the proposals met the RFP requirements and staff recommended the tender be awarded to Matrix Solutions Inc. Matrix’s proposal most aligned with the project requirements and schedule. A-51/23 Moved by C. Van Paassen Seconded by D. Brunton THAT the LPRCA Board of Directors approve retaining Matrix Solutions Inc. for engineering services to complete a Class EA for Remedial Flood and Erosion Control Projects for the Vittoria Dam at a cost of $138,450 exclusive of HST plus $960 per additional meeting, if required. Carried The closed session began at 7:12 p.m. 10. Closed Session A-52/23 Moved by R. Weisler Seconded by T. Masschaele THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  Personal matters about an identifiable individual, including employees of the Authority Carried FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 6 - The board reconvened in open session at 7:20 p.m. The Board approved the closed meeting minutes of April 5, 2023 in the closed session. Adjournment The Chair adjourned the meeting at 7:20 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: June 15, 2023 REPORT: TR-12/23 SUBJECT: PSAB 3450 FINANCIAL REPORTING IMPACTS AND INVESTMENTS BACKGROUND At its May 18, 2023 meeting, Council received a presentation from Rob Foster (Graham, Scott Enns) to provide Council an overview of the 2022 Consolidated Financial Statements. Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the presentation from Rob Foster, Graham Scott Enns re 2022 Consolidated Financial Statements be received for information; AND THAT the 2022 Financial Statements be approved as presented; AND THAT the Chair be directed to sign the audit finding letters. Note 1 in the 2022 Consolidated Financial Statements provides as follows with respect to recent accounting pronouncements: Recent Accounting Pronouncements PSAB released a standard related to Financial Instruments (PS 3450). The standard applies to all local governments for fiscal years beginning on or after April 1, 2022. The standard requires that all financial instruments, which include the One Fund Investments, be reported at fair market value in a statement of remeasurement gains/losses and to disclose any risks associated with its financial instruments. As per PS 3450 – Valuation and Impairment As with the overriding PS 3450 guidance for financial instruments, portfolio investments will only have to be accounted for after acquisition on a fair-value basis if they are equities traded in an active market or derivatives. For other investments, cost/amortized cost would be treatment post-acquisition, except that there is an option to carry at fair value if the portfolio is actively managed on that basis. For investments that are not carried at fair value, the issue of impairment becomes important. Public Sector Accounting Standards (PSAS) is different than other accounting frameworks here in that it provides a much longer period of market decline before an impairment write-down or allowance would be required. Although professional judgement is always required, it is expressly stated that a write-down may not be required until after 3-4 years of market prices being below carrying value. DISCUSSION The Municipality’s investments with LAS – One Fund have had lower fair market value than the book cost reported. This is visualized below and attached hereto. As PSAB 3450 standard will now be applied effective, January 1, 2023 fiscal period, the Municipality will be required to report an unrealized loss on portfolio investments held with LAS at the time of this report. This would be accounted for within financial statements through countervailing reserves and associated transfers to offset any unrealized loss. At the end of fiscal 2023, the municipality would be required to book the loss and having to transfer funds from reserves to cover the unrealized loss on investments. In comparing the Municipality’s short-term and long-term investing strategies, the Municipality has short-term capital projects that will require cash fusion upon grants, and Project Ojibwa debt renewal/elimination date of March 2025 is pending. Municipal staff have reached out to LAS Investments – One Fund for a current market valuation of all investments held, as noted below. The Municipality will be needing to consider the sale of investments whether today or when those events above happen. Investments Municipal staff have reviewed market trends and other eligible investment options that can be considered factoring in the timeline noted above. Attached are GIC rates from RBC, which currently administers other GICs that Bayham holds, and Canaccord Investments information on current GIC and government bonds yield and maturity periods. The current RBC GIC rate as of June 7, 2023 is 5.17 percent for an 18-month non-redeemable GIC. The best investment strategy for the Municipality is a short-term position that does not exceed an 18-month timeline. Based on the investment options presented, RBC fits in that timeline and provides a safe high-yield investment which will allow the Municipality to recover the investment losses from the LAS Investment – One Fund portfolio. An 18-month GIC would allow the Municipality to recoup approximately fifty-five percent of the above-noted loss through GIC interest accrued. ATTACHMENTS 1. Appendix A: Bayham 2023 LAS One Fund Investments Market Valuation 2. Appendix B: Royal Bank of Canada Investment Options 3. Appendix C: Canaccord Cash Management Group Investment Options Book Value Market Value (Loss) (% Loss) Municipal 3,738,169.35$ 3,270,963.99$ 467,205.36-$ -12.50% Cemetery C&M 272,376.59$ 239,495.50$ 32,881.09-$ -12.07% RECOMMENDATION 1. THAT Report TR-12/23 re PSAB 3450 Financial Reporting Impacts and Investments be received for information; 2. AND THAT Council direct staff to sell the entire LAS Investment – One Fund portfolio; 3. AND THAT Council direct staff to purchase 18-month GICs for all investment accounts from the LAS Investment One Fund portfolio. Respectfully submitted: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer CAO|Clerk Quantity Security Cur.Total Market Value Price PctUnit Cost Book Value Municipality Of Bayham-BAY1BAYCCM As of June 7/2023 Reporting Currency: Canadian Dollar Trade Date Basis Accrued Unrealized Gain/Loss Gain/ Loss % Market Value Portfolio Valuation BAY1BAYCCM ONE Investment Account Code: 570012160 ONE Funds Fixed Income Funds ONE Canadian Government Bond CAD 934.1978 272,376.59 821.422 100.00 -32,881.09 -12.0757ONE2239,495.50291.5620 239,495.50 272,376.59Total Fixed Income Funds 239,495.50 -32,881.09100.00 -12.07239,495.50 272,376.59Total ONE Funds 239,495.50 -32,881.09100.00 -12.07239,495.50 239,495.50 100.00272,376.59 -32,881.09 -12.07Total Portfolio 239,495.50 Page 1 Quantity Security Cur.Total Market Value Price PctUnit Cost Book Value Municipality Of Bayham-BAY3BAYPARK As of June 7/2023 Reporting Currency: Canadian Dollar Trade Date Basis Accrued Unrealized Gain/Loss Gain/ Loss % Market Value Portfolio Valuation BAY3BAYPARK ONE Investment Account Code: 570012240 ONE Funds Fixed Income Funds ONE Canadian Government Bond CAD 934.7181 23,595.09 821.422 100.00 -2,859.93 -12.1257ONE220,735.1625.2430 20,735.16 23,595.09Total Fixed Income Funds 20,735.16 -2,859.93100.00 -12.1220,735.16 23,595.09Total ONE Funds 20,735.16 -2,859.93100.00 -12.1220,735.16 20,735.16 100.0023,595.09 -2,859.93 -12.12Total Portfolio 20,735.16 Page 2 Quantity Security Cur.Total Market Value Price PctUnit Cost Book Value Municipality Of Bayham-BAY4BAYREV As of June 7/2023 Reporting Currency: Canadian Dollar Trade Date Basis Accrued Unrealized Gain/Loss Gain/ Loss % Market Value Portfolio Valuation BAY4BAYREV ONE Investment Account Code: 570012320 ONE Funds Fixed Income Funds ONE Canadian Government Bond CAD 940.3595 622,087.29 821.422 100.00 -78,682.00 -12.6457ONE2543,405.29661.5420 543,405.29 622,087.29Total Fixed Income Funds 543,405.29 -78,682.00100.00 -12.64543,405.29 622,087.29Total ONE Funds 543,405.29 -78,682.00100.00 -12.64543,405.29 543,405.29 100.00622,087.29 -78,682.00 -12.64Total Portfolio 543,405.29 Page 3 Quantity Security Cur.Total Market Value Price PctUnit Cost Book Value Municipality Of Bayham-BAY6BAYPTB As of June 7/2023 Reporting Currency: Canadian Dollar Trade Date Basis Accrued Unrealized Gain/Loss Gain/ Loss % Market Value Portfolio Valuation BAY6BAYPTB ONE Investment Account Code: 570012570 ONE Funds Fixed Income Funds ONE Canadian Government Bond CAD 934.2487 42,388.73 821.422 100.00 -5,119.16 -12.0757ONE237,269.5745.3720 37,269.57 42,388.73Total Fixed Income Funds 37,269.57 -5,119.16100.00 -12.0737,269.57 42,388.73Total ONE Funds 37,269.57 -5,119.16100.00 -12.0737,269.57 37,269.57 100.0042,388.73 -5,119.16 -12.07Total Portfolio 37,269.57 Page 4 Quantity Security Cur.Total Market Value Price PctUnit Cost Book Value Municipality Of Bayham-BAY2EDEN As of June 7/2023 Reporting Currency: Canadian Dollar Trade Date Basis Accrued Unrealized Gain/Loss Gain/ Loss % Market Value Portfolio Valuation BAY2EDEN ONE Investment Account Code: 570021310 ONE Funds Fixed Income Funds ONE Canadian Government Bond CAD 945.3981 16,753.40 821.422 100.00 -2,196.98 -13.1157ONE214,556.4217.7210 14,556.42 16,753.40Total Fixed Income Funds 14,556.42 -2,196.98100.00 -13.1114,556.42 16,753.40Total ONE Funds 14,556.42 -2,196.98100.00 -13.1114,556.42 14,556.42 100.0016,753.40 -2,196.98 -13.11Total Portfolio 14,556.42 Page 5 Quantity Security Cur.Total Market Value Price PctUnit Cost Book Value Municipality Of Bayham-BAY7BAYGENR As of June 7/2023 Reporting Currency: Canadian Dollar Trade Date Basis Accrued Unrealized Gain/Loss Gain/ Loss % Market Value Portfolio Valuation BAY7BAYGENR ONE Investment Account Code: 570025030 ONE Funds Fixed Income Funds ONE Canadian Government Bond CAD 942.6245 2,194,155.63 821.422 100.00 -282,123.78 -12.8557ONE21,912,031.852,327.7090 1,912,031.85 2,194,155.63Total Fixed Income Funds 1,912,031.85 -282,123.78100.00 -12.851,912,031.85 2,194,155.63Total ONE Funds 1,912,031.85 -282,123.78100.00 -12.851,912,031.85 1,912,031.85 100.002,194,155.63 -282,123.78 -12.85Total Portfolio 1,912,031.85 Page 6 Quantity Security Cur.Total Market Value Price PctUnit Cost Book Value Municipality Of Bayham-BAY8BAYSEWR As of June 7/2023 Reporting Currency: Canadian Dollar Trade Date Basis Accrued Unrealized Gain/Loss Gain/ Loss % Market Value Portfolio Valuation BAY8BAYSEWR ONE Investment Account Code: 570025110 ONE Funds Fixed Income Funds ONE Canadian Government Bond CAD 927.8068 839,189.21 821.422 100.00 -96,223.51 -11.4657ONE2742,965.70904.4870 742,965.70 839,189.21Total Fixed Income Funds 742,965.70 -96,223.51100.00 -11.46742,965.70 839,189.21Total ONE Funds 742,965.70 -96,223.51100.00 -11.46742,965.70 742,965.70 100.00839,189.21 -96,223.51 -11.46Total Portfolio 742,965.70 Page 7 P a g e | 1 This document contains confidential, proprietary, and trade secret information of RBC Royal Bank of Canada and may not be disclosed to third parties or duplicated without the prior written consent of RBC Royal Bank of Canada. INVESTMENT OPTIONS MAY 31ST, 2023 GUARANTEED INVESTMENT CERTIFICATES RBC offers a wide range of CAD term investment options to meet your needs. Below you will find the details for our Prime-Linked Cashable GIC and various terms of our Non-Redeemable GICs. Principal and interest as described are Guaranteed by RBC Royal Bank. Rates are calculated on a per annum basis. 1) Prime-Linked Cashable GIC: The Prime-Linked Cashable GIC is a one-year cashable GIC with an annual interest rate linked to changes in the RBC Royal Bank Canadian prime interest rate. Cashable in part or full at any time with interest paid if held 30 days or longer. Tier Rate $1,000,000 and over 4.70% *** Rates are applicable today and are subject to change. *** What you should know about the RBC Prime-Linked Cashable GIC:  The prime interest rate is a reference rate for determining interest rates on Canadian dollar commercial loans in Canada and is subject to change. Should the prime interest rate change during the term of your investment, the annual interest rate of this GIC is automatically adjusted.  If the Royal Bank Prime decreases, this interest rate will also decrease.  No interest is paid if cashed within 29 days and a $25.00 administration fee will apply.  The current rate of 4.70% applies to amounts of $1MM - $50MM. Lesser amounts will pay lesser interest rates.  Should any partial redemptions be made to this GIC, the interest rate will reduce (depending on which tier it falls into). Interest Paid Semi-Annually or at Maturity [%] Term To Maturity $5,000 to $49,999.99 $50,000 to $99,999.99 $100,000 to $249,999.99 $250,000 to $999,999.99 $1,000,000 and over 1 year term 4.25 4.25 4.25 4.45 4.70 *** Rates are applicable today and are subject to change. *** P a g e | 2 This document contains confidential, proprietary, and trade secret information of RBC Royal Bank of Canada and may not be disclosed to third parties or duplicated without the prior written consent of RBC Royal Bank of Canada. 2) Non-Redeemable GIC: This GIC offers a fixed rate of interest for a specific term, with both principal and interest payments guaranteed. There are a wide choice of terms and options. Funds are not available prior to the maturity date. Term RBC Non-Redeemable Guaranteed Investment Certificate Rate 30 days 4.85% 60 days 4.95% 90 days 5.05% 120 days 5.10% 150 days 5.15% 180 days 5.20% 270 days 5.24% 1 year 5.21% 18 months 5.17% 2 years 5.04% *** Rates are applicable today and are subject to change. *** 3) Redeemable GIC: This GIC offers a fixed rate of interest for a specific term, with both principal and interest payments guaranteed. There are a wide choice of terms and options. Redeemable GIC’s may be partially or fully redeemed prior to maturity however are subject to the below prior redemption rates. Term RBC Redeemable Guaranteed Investment Certificate Rate 1 year 5.05% *** Rates are applicable today and are subject to change. *** Guaranteed Investment Certificates BlueShore Financial Credit Union 100% Guarantee by CUDIC 5.25% DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 5.25% Issuer Credit Rating & Guarantee Term Rate DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5 year fixed 5.35% Meridian Credit Union (*Min $5M)$250,000 Guarantee by FSRA 4.96% General Bank of Canada $100,000 Guarantee by CDIC 4.95% Coast Capital Savings (*Min $1M)BBB (high) - $100,000 Guarantee by CDIC 5.20% Provincial Credit Union (*Min $1M)$125,000 Guarantee by CUDIC(PEI)5.15% Meridian Credit Union (*Min $1M)$250,000 Guarantee by FSRA 4.81% Concentra Bank BBB (high) – $100,000 Guarantee by CDIC 4.81% Bank of Montreal (*Min $1M)AA - $100,000 Guarantee by CDIC 4.91% Canadian Western Bank A (low) – $100,000 Guarantee by CDIC 4.91% YNCU (*Min $5M)$250,000 Guarantee by FSRA 4.60% connectFirst Credit Union (*Min $5M)100% Guarantee by CUDGC(AB)4.55% Innovation Credit Union 100% Guarantee by CUDGC 4.75% HSBC Bank Canada A (high) - $100,000 Guarantee by CDIC 4.73% Bank of Nova Scotia AA - $100,000 Guarantee by CDIC 4.46% YNCU (*Min $250K)$250,000 Guarantee by FSRA 4.45% YNCU (*Min $1M)$250,000 Guarantee by FSRA 4.55% National Bank of Canada (*Min $1M)AA - $100,000 Guarantee by CDIC 4.50% Royal Bank of Canada AA (high) - $100,000 Guarantee by CDIC 4.20% First West Credit Union (*Min $1M)BBB (high) - 100% Guarantee by CUDIC 4.10% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 4.40% Vancity Credit Union 100% Guarantee by CUDIC 4.30% DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.35% Coast Capital Savings (*Min $1M)BBB (high) - $100,000 Guarantee by CDIC 5.20% DUCA Financial Credit Union (*Min $250K) Provincial Credit Union (*Min $1M)$125,000 Guarantee by CUDIC(PEI)5.15% Meridian Credit Union (*Min $5M)$250,000 Guarantee by FSRA 4.96% $250,000 Guarantee by FSRA 5.20% BlueShore Financial Credit Union 100% Guarantee by CUDIC 5.20% Bank of Montreal (*Min $1M)AA - $100,000 Guarantee by CDIC 4.86% Concentra Bank BBB (high) – $100,000 Guarantee by CDIC 4.86% HSBC Bank Canada A (high) - $100,000 Guarantee by CDIC 4.90% General Bank of Canada $100,000 Guarantee by CDIC 4.88% 4 year fixed Canadian Western Bank A (low) – $100,000 Guarantee by CDIC 4.64% YNCU (*Min $5M)$250,000 Guarantee by FSRA 4.60% Meridian Credit Union (*Min $1M)$250,000 Guarantee by FSRA 4.81% Innovation Credit Union 100% Guarantee by CUDGC 4.75% YNCU (*Min $250K)$250,000 Guarantee by FSRA 4.45% National Bank of Canada (*Min $1M)AA - $100,000 Guarantee by CDIC 4.45% connectFirst Credit Union (*Min $5M)100% Guarantee by CUDGC(AB)4.55% YNCU (*Min $1M)$250,000 Guarantee by FSRA 4.55% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 4.30% Royal Bank of Canada AA (high) - $100,000 Guarantee by CDIC 4.15% Bank of Nova Scotia AA - $100,000 Guarantee by CDIC 4.45% Vancity Credit Union 100% Guarantee by CUDIC 4.35% 100% Guarantee by CUDIC 5.20% Coast Capital Savings (*Min $1M)BBB (high) - $100,000 Guarantee by CDIC 5.20% First West Credit Union (*Min $1M)BBB (high) - 100% Guarantee by CUDIC 4.10% DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 3 year fixed 5.35% BlueShore Financial Credit Union HSBC Bank Canada A (high) - $100,000 Guarantee by CDIC 5.14% Bank of Montreal (*Min $1M)AA - $100,000 Guarantee by CDIC 5.13% Concentra Bank BBB (high) – $100,000 Guarantee by CDIC 5.17% General Bank of Canada $100,000 Guarantee by CDIC 5.15% Provincial Credit Union (*Min $1M)$125,000 Guarantee by CUDIC(PEI)5.10% YNCU (*Min $5M)$250,000 Guarantee by FSRA 5.05% Canadian Western Bank A (low) – $100,000 Guarantee by CDIC 5.13% Meridian Credit Union (*Min $5M)$250,000 Guarantee by FSRA 5.11% Meridian Credit Union (*Min $1M)$250,000 Guarantee by FSRA 4.96% YNCU (*Min $250K)$250,000 Guarantee by FSRA 4.90% YNCU (*Min $1M)$250,000 Guarantee by FSRA 5.00% DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 5.00% National Bank of Canada AA - $100,000 Guarantee by CDIC 4.60% Bank of Nova Scotia AA - $100,000 Guarantee by CDIC 4.55% Innovation Credit Union 100% Guarantee by CUDGC 4.90% connectFirst Credit Union (*Min $5M)100% Guarantee by CUDGC(AB)4.60% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 4.20% First West Credit Union (*Min $1M)BBB (high) - 100% Guarantee by CUDIC 4.20% Vancity Credit Union 100% Guarantee by CUDIC 4.25% Royal Bank of Canada AA (high) - $100,000 Guarantee by CDIC 4.25% HSBC Bank Canada A (high) - $100,000 Guarantee by CDIC 5.46% $250,000 Guarantee by FSRA 5.35% Coast Capital Savings (*Min $1M)BBB (high) - $100,000 Guarantee by CDIC 5.30% 2 year fixed DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.45% Meridian Credit Union (*Min $5M) Bank of Montreal (*Min $1M)AA - $100,000 Guarantee by CDIC 5.26% BlueShore Financial Credit Union 100% Guarantee by CUDIC 5.25% DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 5.30% Concentra Bank BBB (high) – $100,000 Guarantee by CDIC 5.28% Canadian Western Bank A (low) – $100,000 Guarantee by CDIC 5.16% Provincial Credit Union (*Min $1M)$125,000 Guarantee by CUDIC(PEI)5.10% General Bank of Canada $100,000 Guarantee by CDIC 5.21% Meridian Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.20% Innovation Credit Union 100% Guarantee by CUDGC 5.05% YNCU (*Min $250K)$250,000 Guarantee by FSRA 4.95% YNCU (*Min $5M)$250,000 Guarantee by FSRA 5.10% YNCU (*Min $1M)$250,000 Guarantee by FSRA 5.05% Bank of Nova Scotia AA - $100,000 Guarantee by CDIC 4.83% TCU Financial Credit Union (*Min $1M)100% Guarantee by CUDGC(SK)4.80% National Bank of Canada (*Min $1M) AA - $100,000 Guarantee by CDIC 4.95% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 4.90% Royal Bank of Canada AA (high) - $100,000 Guarantee by CDIC 4.40% First West Credit Union (*Min $1M)BBB (high) - 100% Guarantee by CUDIC 4.20% connectFirst Credit Union (*Min $5M)100% Guarantee by CUDGC(AB)4.65% Vancity Credit Union 100% Guarantee by CUDIC 4.45% $250,000 Guarantee by FSRA 5.39% Bank of Montreal (*Min $1M)AA - $100,000 Guarantee by CDIC 5.38% HSBC Bank Canada A (high) - $100,000 Guarantee by CDIC 18 month fixed 5.40% DUCA Financial Credit Union (*Min $5M)$250,000 Guarantee by FSRA 5.40% Meridian Credit Union (*Min $5M) YNCU (*Min $1M)$250,000 Guarantee by FSRA 5.30% DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 5.25% DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.35% YNCU (*Min $5M)$250,000 Guarantee by FSRA 5.35% Coast Capital Savings (*Min $1M)BBB (high) - $100,000 Guarantee by CDIC 5.20% YNCU (*Min $250K)$250,000 Guarantee by FSRA 5.20% BlueShore Financial Credit Union 100% Guarantee by CUDIC 5.25% Meridian Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.24% First West Credit Union (*Min $1M)BBB (high) - 100% Guarantee by CUDIC 5.00% connectFirst Credit Union (*Min $5M)100% Guarantee by CUDGC(AB)4.80% Provincial Credit Union (*Min $1M)$125,000 Guarantee by CUDIC(PEI)5.10% National Bank of Canada (*Min $1M)AA - $100,000 Guarantee by CDIC 5.10% A (high) - $100,000 Guarantee by CDIC 5.60% Bank of Montreal (*Min $1M)AA - $100,000 Guarantee by CDIC 5.48% YNCU (*Min $5M)$250,000 Guarantee by FSRA 1 year fixed 5.60% YNCU (*Min $1M)$250,000 Guarantee by FSRA 5.60% HSBC Bank Canada General Bank of Canada $100,000 Guarantee by CDIC 5.35% DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.35% Meridian Credit Union (*Min $5M)$250,000 Guarantee by FSRA 5.43% DUCA Financial Credit Union (*Min $5M)$250,000 Guarantee by FSRA 5.40% Meridian Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.28% DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 5.25% Concentra Bank BBB (high) – $100,000 Guarantee by CDIC 5.32% Innovation Credit Union 100% Guarantee by CUDGC 5.30% YNCU (*Min $250K)$250,000 Guarantee by FSRA 5.20% National Bank of Canada (*Min $1M)AA - $100,000 Guarantee by CDIC 5.20% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 5.25% Coast Capital Savings (*Min $1M)BBB (high) - $100,000 Guarantee by CDIC 5.20% First West Credit Union (*Min $1M)BBB (high) - 100% Guarantee by CUDIC 5.15% Provincial Credit Union (*Min $1M)$125,000 Guarantee by CUDIC(PEI)5.00% BlueShore Financial Credit Union 100% Guarantee by CUDIC 5.20% Canadian Western Bank AA (low) – $100,000 Guarantee by CDIC 5.15% Royal Bank of Canada AA (high) - $100,000 Guarantee by CDIC 4.80% connectFirst Credit Union (*Min $5M)100% Guarantee by CUDGC(AB)4.75% Bank of Nova Scotia AA - $100,000 Guarantee by CDIC 4.90% TCU Financial Credit Union 100% Guarantee by CUDGC(SK)4.85% $250,000 Guarantee by FSRA 5.35% DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.35% Vancity Credit Union 100% Guarantee by CUDIC 4.60% DUCA Financial Credit Union (*Min $5M)$250,000 Guarantee by FSRA 5.40% YNCU (*Min $5M) DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 5.20% YNCU (*Min $1M)$250,000 Guarantee by FSRA 5.30% HSBC Bank Canada R-1 (mid) - $100,000 Guarantee by CDIC 5.30% 270 day fixedYNCU (*Min $250K)$250,000 Guarantee by FSRA 5.20% BlueShore Financial Credit Union 100% Guarantee by CUDIC 4.95% connectFirst Credit Union (*Min $5M)100% Guarantee by CUDGC(AB)4.70% National Bank of Canada (*Min $1M)R-1 (high) - $100,000 Guarantee by CDIC 5.15% First West Credit Union (*Min $1M)R-1 (low) - 100% Guarantee by CUDIC 4.95% Vancity Credit Union R-1 (low) - 100% Guarantee by CUDIC 4.25% Bank of Montreal (*Min $1M)R-1 (high) - $100,000 Guarantee by CDIC 4.25% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 4.60% Coast Capital Savings (*Min $1M)R-1 (low) – $100,000 Guarantee by CDIC 4.55% $250,000 Guarantee by FSRA 5.35% YNCU (*Min $1M)$250,000 Guarantee by FSRA 5.30% DUCA Financial Credit Union (*Min $5M)$250,000 Guarantee by FSRA 180 day fixed 5.40% DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 5.35% YNCU (*Min $5M) National Bank of Canada (*Min $1M)R-1 (high) - $100,000 Guarantee by CDIC 5.05% DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 4.95% YNCU (*Min $250K)$250,000 Guarantee by FSRA 5.20% HSBC Bank Canada R-1 (mid) - $100,000 Guarantee by CDIC 5.20% BlueShore Financial Credit Union 100% Guarantee by CUDIC 4.60% Coast Capital Savings (*Min $1M)R-1 (low) – $100,000 Guarantee by CDIC 4.50% First West Credit Union (*Min $1M)R-1 (low) - 100% Guarantee by CUDIC 4.90% connectFirst Credit Union (*Min $5M)100% Guarantee by CUDGC(AB)4.65% Bank of Montreal (*Min $1M)R-1 (high) - $100,000 Guarantee by CDIC 4.25% Vancity Credit Union R-1 (low) - 100% Guarantee by CUDIC 4.00% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 4.40% Bank of Nova Scotia R-1 (high) - $100,000 Guarantee by CDIC 4.30% 100% Guarantee by CUDIC 4.95% DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 4.85% DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 1 year cashable after 90 days 5.10% National Bank of Canada (*Min $1M)R-1 (high) - $100,000 Guarantee by CDIC 4.95% BlueShore Financial Credit Union Provincial Credit Union (*Min $500K)$125,000 Guarantee by CUDIC(PEI)4.50% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 4.20% First West Credit Union (*Min $1M)R-1 (low) - 100% Guarantee by CUDIC 4.80% Northern Credit Union (*Min $250K)$250,000 Guarantee by FSRA 4.80% National Bank of Canada (*Min $1M)R-1 (high) - $100,000 Guarantee by CDIC 4.80% DUCA Financial Credit Union (*Min $5M)$250,000 Guarantee by FSRA 4.70% DUCA Financial Credit Union (*Min $1M)$250,000 Guarantee by FSRA 4.65% Corporate Bonds (CAD) Issuer Security Description Coupon Maturity S&P DBR S MOODY'S Rank YTM TORONTO-DOMINION BANK TD 2.496 12/02/24 2.50% 02-Dec-24 A AA A1 Sr Unsecured 5.40% BANK OF NOVA SCOTIA BNS 1.95 01/10/25 1.95% 10-Jan-25 A- AAL A2 Sr Unsecured 5.41% LLOYDS BANKING GROUP PLC LLOYDS 3 1/2 02/03/25 3.50% 03-Feb-25 BBB+#N/A N/A A3 Sr Unsecured 5.90% NATIONAL BANK OF CANADA NACN 2.58 02/03/25 2.58% 03-Feb-25 BBB+ AAL A3 Sr Unsecured 5.40% BANK OF NOVA SCOTIA BNS 2.16 02/03/25 2.16% 03-Feb-25 A- AAL A2 Sr Unsecured 5.40% CANADIAN IMPERIAL BANK CM 2 3/4 03/07/25 2.75% 07-Mar-25 A- AAL A2 Sr Unsecured 5.36% TORONTO-DOMINION BANK TD 1.943 03/13/25 1.94% 13-Mar-25 A AA A1 Sr Unsecured 5.26% CANADIAN IMPERIAL BANK CM 2 04/17/25 2.00% 17-Apr-25 A- AAL A2 Sr Unsecured 5.34% ROYAL BANK OF CANADA RY 1.936 05/01/25 1.94% 01-May-25 A AA A1 Sr Unsecured 5.24% CANADIAN IMPERIAL BANK CM 3.3 05/26/25 3.30% 26-May-25 A+ AA Aa2 Sr Unsecured 4.91% ROYAL BANK OF CANADA RY 4.93 07/16/25 4.93% 16-Jul-25 AA- AAH Aa1 Sr Unsecured 4.82% TORONTO-DOMINION BANK TD 2.667 09/09/25 2.67% 09-Sep-25 A AA A1 Sr Unsecured 5.16% BANK OF MONTREAL BMO 4.609 09/10/25 4.61% 10-Sep-25 A+ AA NR Sr Unsecured 4.88% ROYAL BANK OF CANADA RY 3.369 09/29/25 3.37% 29-Sep-25 A AA A1 Sr Unsecured 5.15% NATIONAL BANK OF CANADA NACN 5.296 11/03/25 5.30% 03-Nov-25 BBB+ AAL A3 Sr Unsecured 5.15% TORONTO-DOMINION BANK TD 1.128 12/09/25 1.13% 09-Dec-25 A AA A1 Sr Unsecured 5.02% CANADIAN IMPERIAL BANK CM 1.1 01/19/26 1.10% 19-Jan-26 A- AAL A2 Sr Unsecured 5.05% TORONTO-DOMINION BANK TD 4.344 01/27/26 4.34% 27-Jan-26 A AA A1 Sr Unsecured 5.02% ROYAL BANK OF CANADA RY 1.589 05/04/26 1.59% 04-May-26 A AA A1 Sr Unsecured 4.95% BANK OF NOVA SCOTIA BNS 5 1/2 05/08/26 5.50% 08-May-26 A- AAL A2 Sr Unsecured 5.04% NATIONAL BANK OF CANADA NACN 1.534 06/15/26 1.53% 15-Jun-26 BBB+ AAL A3 Sr Unsecured 5.00% CANADIAN IMPERIAL BANK CM 1.7 07/15/26 1.70% 15-Jul-26 A- AAL A2 Sr Unsecured 4.96% CANADIAN IMPERIAL BANK CM Float 07/15/26 5.10% 15-Jul-26 A- AAL A2 Sr Unsecured 5.25% BANK OF NOVA SCOTIA BNS 1.85 11/02/26 1.85% 02-Nov-26 A- AAL A2 Sr Unsecured 4.93% ROYAL BANK OF CANADA RY 5.235 11/02/26 5.24% 02-Nov-26 A AA A1 Sr Unsecured 4.98% NATIONAL BANK OF CANADA NACN 2.237 11/04/26 2.24% 04-Nov-26 BBB+ AAL A3 Sr Unsecured 4.93% BANK OF NOVA SCOTIA BNS 2.62 12/02/26 2.62% 02-Dec-26 A+ AA NR Sr Unsecured 4.61% BANK OF MONTREAL BMO 2.7 12/09/26 2.70% 09-Dec-26 A+ AA Aa2 Sr Unsecured 4.59% CANADIAN IMPERIAL BANK CM 2 1/4 01/07/27 2.25% 07-Jan-27 A- AAL A2 Sr Unsecured 5.02% TORONTO-DOMINION BANK TD 2.26 01/07/27 2.26% 07-Jan-27 A AA A1 Sr Unsecured 4.95% ROYAL BANK OF CANADA RY 2.328 01/28/27 2.33% 28-Jan-27 A AA A1 Sr Unsecured 4.96% BANK OF NOVA SCOTIA BNS 2.95 03/08/27 2.95% 08-Mar-27 A- AAL A2 Sr Unsecured 5.00% TORONTO-DOMINION BANK TD 4.21 06/01/27 4.21% 01-Jun-27 A AA A1 Sr Unsecured 4.98% ROYAL BANK OF CANADA RY 4.612 07/26/27 4.61% 26-Jul-27 A AA A1 Sr Unsecured 4.92% TORONTO-DOMINION BANK TD 5.376 10/21/27 5.38% 21-Oct-27 A AA A1 Sr Unsecured 4.96% BANK OF NOVA SCOTIA BNS 1.4 11/01/27 1.40% 01-Nov-27 A- AAL A2 Sr Unsecured 4.84% ROYAL BANK OF CANADA RY 4.642 01/17/28 4.64% 17-Jan-28 A AA A1 Sr Unsecured 4.94% TORONTO-DOMINION BANK TD 4.477 01/18/28 4.48% 18-Jan-28 A AA A1 Sr Unsecured 4.94% BANK OF NOVA SCOTIA BNS 3.1 02/02/28 3.10% 02-Feb-28 A+ AA #N/A N/A Sr Unsecured 4.55% BANK OF MONTREAL BMO 3.19 03/01/28 3.19% 01-Mar-28 #N/A N/A AA Aa2 Sr Unsecured 4.56% TORONTO-DOMINION BANK TD 1.888 03/08/28 1.89% 08-Mar-28 A AA A1 Sr Unsecured 4.83% LLOYDS BANKING GROUP PLC LLOYDS 4 3/8 03/22/28 4.38% 22-Mar-28 BBB+#N/A N/A A3 Sr Unsecured 5.08% BANK OF NY MELLON CORP BK 3.85 04/28/28 3.85% 28-Apr-28 A AA A1 Sr Unsecured 3.92% ROYAL BANK OF CANADA RY 1.833 07/31/28 1.83% 31-Jul-28 A AA A1 Sr Unsecured 4.80% LLOYDS BANKING GROUP PLC LLOYDS 4.55 08/16/28 4.55% 16-Aug-28 BBB+#N/A N/A A3 Sr Unsecured 5.24% TORONTO-DOMINION BANK TD 1.896 09/11/28 1.90% 11-Sep-28 A AA A1 Sr Unsecured 4.82% Rates as of June 7th are indicative of market pricing and may change Provincial Bonds (CAD) Issuer Security Description Coupon Maturity S&P DBR S YTM PROVINCE OF ALBERTA ALTA 2.35 06/01/25 2.35% 01-Jun-25 A+ AAL 4.44% MANITOBA (PROVINCE OF) MP 2.45 06/02/25 2.45% 02-Jun-25 A+ AH 4.44% 1 year cashable after 30 days Royal Bank of Canada R-1 (high) - $100,000 Guarantee by CDIC 4.30% Bank of Nova Scotia R-1 (high) - $100,000 Guarantee by CDIC 4.30% DUCA Financial Credit Union (*Min $250K)$250,000 Guarantee by FSRA 4.35% First West Credit Union (*Min $1M)R-1 (low) - 100% Guarantee by CUDIC 4.00% Bank of Montreal (*Min $1M)R-1 (high) - $100,000 Guarantee by CDIC 4.05% Prospera Credit Union (*Min $1M)100% Guarantee by CUDIC 4.00% BRITISH COLUMBIA PROV OF BRCOL 2.85 06/18/25 2.85% 18-Jun-25 AA AAH 4.42% PROVINCE OF SASKATCHEWAN SCDA 0.8 09/02/25 0.80% 02-Sep-25 AA AAL 4.34% MANITOBA (PROVINCE OF) MP 4.4 09/05/25 4.40% 05-Sep-25 A+ AH 4.39% PROVINCE OF ALBERTA ALTA 2.2 06/01/26 2.20% 01-Jun-26 A+ AAL 4.14% PROVINCE OF SASKATCHEWAN SCDA 2.55 06/02/26 2.55% 02-Jun-26 AA AAL 4.14% MANITOBA (PROVINCE OF) MP 2.55 06/02/26 2.55% 02-Jun-26 A+ AH 4.15% BRITISH COLUMBIA PROV OF BRCOL 2.3 06/18/26 2.30% 18-Jun-26 AA AAH 4.11% PROVINCE OF ALBERTA ALTA 2.55 06/01/27 2.55% 01-Jun-27 A+ AAL 3.94% MANITOBA (PROVINCE OF) MP 2.6 06/02/27 2.60% 02-Jun-27 A+ AH 3.95% PROVINCE OF SASKATCHEWAN SCDA 2.65 06/02/27 2.65% 02-Jun-27 AA AAL 3.95% BRITISH COLUMBIA PROV OF BRCOL 2.55 06/18/27 2.55% 18-Jun-27 AA AAH 3.92% MANITOBA (PROVINCE OF) MP 3 06/02/28 3.00% 02-Jun-28 A+ AH 3.86% HYDRO-QUEBEC QHEL 2 09/01/28 2.00% 01-Sep-28 AA- N/A 3.87% PROVINCE OF ALBERTA ALTA 2.9 12/01/28 2.90% 01-Dec-28 A+ AAL 3.86% PROVINCE OF SASKATCHEWAN SCDA 3.05 12/02/28 3.05% 02-Dec-28 AA AAL 3.88% BRITISH COLUMBIA PROV OF BRCOL 2.95 12/18/28 2.95% 18-Dec-28 AA AAH 3.84% Rates as of June 7th are indicative of market pricing and may change Municipal Bonds (CAD) Issuer Security Description Coupon Maturity S&P DBR S MOODY'S YTM CITY OF TORONTO CANADA TRNT 2.45 02/06/25 2.45% 06-Feb-25 AA AA N/A 4.55% BRIT COL MUNI FIN AUTH BCMFA 1.1 06/01/25 1.10% 01-Jun-25 AAA N/A Aaa 4.48% SOUTH COAST BRIT COL TRA SOUCOA 3.05 06/04/25 3.05% 04-Jun-25 N/A AA Aa2 4.47% CITY OF MONTREAL MNTRL 3 09/01/25 3.00% 01-Sep-25 AA AH Aa2 4.52% BRIT COL MUNI FIN AUTH BCMFA 2.65 10/02/25 2.65% 02-Oct-25 AAA N/A Aaa 4.38% CITY OF VANCOUVER VANC 2.9 11/20/25 2.90% 20-Nov-25 AAA N/A Aaa 4.40% REGIONAL MUNI OF YORK YORKMU 2.6 12/15/25 2.60% 15-Dec-25 AAA N/A Aaa 4.31% BRIT COL MUNI FIN AUTH BCMFA 2 1/2 04/19/26 2.50% 19-Apr-26 AAA N/A Aaa 4.20% REGIONAL MUNI OF YORK YORKMU 2 1/2 06/02/26 2.50% 02-Jun-26 AAA N/A Aaa 4.17% CITY OF TORONTO CANADA TRNT 2.4 06/24/26 2.40% 24-Jun-26 AA AA Aa1 4.17% BRIT COL MUNI FIN AUTH BCMFA 1.35 06/30/26 1.35% 30-Jun-26 AAA N/A Aaa 4.18% CITY OF MONTREAL MNTRL 2 3/4 09/01/26 2.75% 01-Sep-26 AA AH Aa2 4.17% PEEL (REG. MUNIC. OF) PEEL 2.3 11/02/26 2.30% 02-Nov-26 AAA N/A Aaa 4.11% CITY OF VANCOUVER VANC 2.7 12/15/26 2.70% 15-Dec-26 AAA N/A N/A 4.12% BRIT COL MUNI FIN AUTH BCMFA 3.35 06/01/27 3.35% 01-Jun-27 AAA N/A Aaa 3.98% CITY OF TORONTO CANADA TRNT 2.4 06/07/27 2.40% 07-Jun-27 N/A AA Aa1 3.99% REGIONAL MUNI OF YORK YORKMU 2.35 06/09/27 2.35% 09-Jun-27 AAA N/A Aaa 3.98% CITY OF MONTREAL MNTRL 3 09/01/27 3.00% 01-Sep-27 AA AH Aa2 4.05% CITY OF VANCOUVER VANC 2.85 11/03/27 2.85% 03-Nov-27 AAA N/A N/A 3.96% BRIT COL MUNI FIN AUTH BCMFA 4.95 12/01/27 4.95% 01-Dec-27 AAA N/A Aaa 3.98% FIRST NATIONS FINAN AUTH FNFACA 3.05 06/01/28 3.05% 01-Jun-28 A+ N/A Aa3 3.93% CITY OF MONTREAL MNTRL 3.15 09/01/28 3.15% 01-Sep-28 AA AH Aa2 4.02% CITY OF VANCOUVER VANC 3.1 09/21/28 3.10% 21-Sep-28 AAA N/A Aaa 3.91% BRIT COL MUNI FIN AUTH BCMFA 3.05 10/23/28 3.05% 23-Oct-28 AAA N/A Aaa 3.89% SOUTH COAST BRIT COL TRA SOUCOA 3 1/4 11/23/28 3.25% 23-Nov-28 N/A AA Aa2 3.89% Rates as of June 7th are indicative of market pricing and may change Government of Canada Bonds (CAD) Issuer Security Description Coupon Maturity YTM CAN 3 3/4 02/01/25 3.75% 01-Feb-25 4.43% CAN 1 1/4 03/01/25 1.25% 01-Mar-25 4.29% CAN 1 1/2 04/01/25 1.50% 01-Apr-25 4.32% CAN 3 3/4 05/01/25 3.75% 01-May-25 4.28% CAN 2 1/4 06/01/25 2.25% 01-Jun-25 4.17% CAN 0 1/2 09/01/25 0.50% 01-Sep-25 4.11% CAN 3 10/01/25 3.00% 01-Oct-25 4.08% CAN 0 1/4 03/01/26 0.25% 01-Mar-26 3.89% CAN 3 04/01/26 3.00% 01-Apr-26 3.88% CAN 1 1/2 06/01/26 1.50% 01-Jun-26 3.76% CAN 1 09/01/26 1.00% 01-Sep-26 3.70% CAN 1 1/4 03/01/27 1.25% 01-Mar-27 3.62% CAN 1 06/01/27 1.00% 01-Jun-27 3.47% CAN 3.245 08/24/27 3.25% 24-Aug-27 3.56% CAN 2 3/4 09/01/27 2.75% 01-Sep-27 3.55% CAN 3 1/2 03/01/28 3.50% 01-Mar-28 3.48% CAN 2 06/01/28 2.00% 01-Jun-28 3.34% Rates as of June 7th are indicative of market pricing and may change CANADIAN GOVERNMENT REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: June 15, 2023 REPORT: CAO-36/23 SUBJECT: CONTRACT EXTENSION / AMENDMENT – TENET SECURITY GROUP – THIRD- PARTY BY-LAW ENFORCEMENT SERVICES BACKGROUND At its September 1, 2022 meeting, Council received Report CAO-44/22 re Third-Party By-law Enforcement Services and passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-44/22 re Third Party By-law Enforcement Services be received for information; AND THAT staff bring forward an Agreement between the Municipality of Bayham and Tenet Security Group regarding third-party by-law enforcement services for Council’s review. An Agreement with Tenet Security Group (Tenet) has been in place for six (6) months, ending June 30, 2023. DISCUSSION Bayham is into the process of implementing a shared service for By-law Enforcement with the Township of Malahide. As Tenet is the third-party contractor for both municipalities, staff are recommending an extension of the Agreement for another six-month period to ensure that internal by-law staff have a third-party for weekend and back-up needs, particularly during the summer season when parking at and near the Port Burwell East Beach is an annual concern. Staff will bring forward an amending by-law and Agreement to formalize the arrangement in July. An amendment to the Agreement is also required to formally identify that Bayham provides by-law services to Malahide effective July 1, 2023. Tenet is aware of the shared service arrangement and is looking forward to working with Bayham to provide services to both municipalities. RECOMMENDATION 1. THAT Report CAO-36/23 re Contract Extension / Amendment – Tenet Security Group – Third-Party By-law Enforcement Services be received for information; 2. AND THAT Council approve a six-month extension of the existing Agreement with Tenet Security Group – Third-Party By-law Enforcement Services; 3. AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration. Respectfully Submitted by: Thomas Thayer, CMO, AOMC CAO|Clerk REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: June 15, 2023 REPORT: CAO-37/23 SUBJECT: SHARED SERVICES UPDATE BACKGROUND At its January 19, 2023 meeting, Council was presented with By-law No. 2023-003, being a by-law to authorize the execution of a memorandum of understanding between the Corporation of the Municipality of Bayham and the Corporation of the Township of Malahide for Shared Services in By- law Enforcement, Planning, and Building, and passed the following motion: Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2023-003, 2023-004 and 2023-007 be read a first, second and third time and finally passed. At its June 15, 2023 meeting, Council received Report CAO-36/23 re Contract Extension / Amendment – Tenet Security Group – Third-Party By-law Enforcement Services, seeking to extend Tenet’s third-party by-law enforcement contract with Bayham and to also include Malahide as Bayham will be the by-law service provider to both municipalities under the shared service. Staff have been working with their counterparts at Malahide to move the implementation of the shared service forward. This Report is provided as a general update regarding specific appointments by by-law. DISCUSSION Building As of July 1, 2023, Malahide will be taking over the administration and delivery of the Building service for Bayham. Bayham’s current Chief Building Official (CBO) is Paul Hillenaar and Deputy CBO is Chris Peck, through a contractor agreement with Hillenaar Consulting Inc. to provide building support services. This agreement expires on June 30, 2023. In accordance, Malahide’s CBO – Scott Sutherland – is recommended to be appointed as Bayham’s CBO, effective July 1, 2023. To provide for inspection and back-up building services, RSM and its employees are recommended to be appointed as Building Officials/Inspectors for these purposes. A meeting was recently held between Bayham’s CAO & Treasurer, and Malahide’s CAO, Treasurer, and CBO. Service levels, trends, and costs for both municipalities were shared in an effort to evaluate whether the contractor agreements (Bayham with Hillenaar Consulting Inc. and Malahide with “RSM”) would remain appropriate once the shared services commenced. It was concluded and fully agreed upon that the hiring by Malahide of a Shared Building Inspector would increase service levels for both municipalities, and, at a reduced cost, when compared to retaining both of the previously-noted contractor agreements. Bayham’s agreement with Hillenaar Consulting Inc. expires June 30,, 2023 and will not be renewed by Malahide. RSM will remain and support the Shared CBO and recruited Building Inspector, but at a reduced level (given the addition of a shared Building Inspector). A By-law will be needed to update the appointed Malahide and RSM building officials accordingly. Paul Hillenaar was provided notice and a note of sincere appreciation for his service to Bayham. Bayham will also be looking to implement ePermitting software for building services (CloudPermit). This will streamline permit intake, notes and records, and inspection scheduling. Staff are in discussion with Malahide and CloudPermit at this time. The cloud platform licence costs $8,000 and is considered when looking at the comprehensive estimates costs for Bayham. It is expected that, under the full building shared service and after hire of a Building Inspector, Bayham can expect to receive 100 additional service hours/year while saving 10-20 percent on building department costs (based on historical data used for estimate purposes). By-law Enforcement As of July 1, 2023, Bayham will be the formal by-law service provided to Malahide. This is to be done with a By-law Enforcement Officer (BLEO) under Bayham’s organizational structure, and with third-party by-law support through Tenet Security Group. Bayham has successfully completed the hiring process for a BLEO. Stephen Miller will assume the role, effective July 10, 2023. Bayham is recommending appointment of Mr. Miller to various enforcement functions. Once Mr. Miller is on board, it is expected that he will review both municipalities’ by-law policies and programs while commencing primary enforcement of new and ongoing files. His expertise may lead to changes to the operation of the by-law program to make it more comprehensive and effective for all. Planning Malahide conducted a second advertisement for a Director of Development Services. This Director, once onboarded, will be available to Bayham as a contractor for the purposes of planning review and recommendations to Council and coordination of any third-party planning support. As of drafting of this Report, the advertisement has closed and Malahide and Bayham are proceeding through the recruitment process. RECOMMENDATION 1. THAT Report CAO-37/23 re Shared Services Update be received for information; 2. AND THAT the appropriate appointment by-law be brought forward for Council’s consideration. Respectfully Submitted by: Thomas Thayer, CMO, AOMC CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-049 A BY-LAW TO AMEND BY-LAW NO. 2021-073 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A CONSULTING AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND a+LINK ARCHITECTURE INC. WHEREAS the Municipality awarded RFP 21-02 “Architectural Services” to a+LINK Architecture Inc. on December 16, 2021; AND WHEREAS the parties wish to amend the Term provisions in the Agreement to recognize the full duration of the project and/or grant term; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the amending agreement attached hereto as Schedule “A” and forming part of this by-law; 2. AND THAT this by-law shall come into force and take effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE 2023. ______________________________ _____________________________ MAYOR CLERK Schedule A to By-law No. 2023-049 Page 1 of 2 THIS AGREEMENT made the day of , 2023 B E T W E E N: The Corporation of the Municipality of Bayham (hereinafter referred to as the “Municipality”) and a+LiNK Architecture Inc. A corporation incorporated in the Province of Ontario (hereinafter referred to as "the Service Provider") WHEREAS: 1. The Municipality awarded RFP 21-02 “Architectural Services” to a+LINK Architecture Inc. 2. The parties formalized their contractual relationship by way of Agreement, dated December 16, 2021 (the “Agreement”); 3. The parties wish to amend the Term provision in the Agreement to recognize the full duration of the project and/or grant term. IN CONSIDERATION of the mutual covenants and other terms and conditions hereinafter contained, the parties hereby covenant, promise and agree each with the other as follows: 1. Section 13 of the Agreement is hereby removed in its entirety and replaced with the following: “The Service Provider shall carry out the Services with the utmost dispatch, subject to delays beyond its control, between the Effective Date of the Agreement, being December 16, 2021, and either: a. The date on which completion of all Services and Work is agreed upon between the Municipality and the Service Provider; or, b. March 31, 2027, whichever comes first.” 2. All other terms and provisions in the Agreement shall continue in force and effect. Schedule A to By-law No. 2023-049 Page 2 of 2 IN WITNESS WHEREOF, the Municipality and the Service Provider have respectively executed and delivered this Agreement on the date set out above. The Corporation of the Municipality of Bayham by: _________________ ____________________________________ Date Name: Title: by: _________________ ____________________________________ Date Name: Title: I/We have the authority to bind the Corporation. A+LiNK Architects Inc. by: _________________ ____________________________________ Date Name: Title: by: _________________ ____________________________________ Date Name: Title: I/We have the authority to bind the Corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-050 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND RAIL TECH ENTERPRISES INC. FOR VIENNA COMMUNITY PARK PAVILION WORKS WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Municipality issued RFT 23-02 for Vienna Community Park Pavilion works in line with 2023 Capital Budget Item PR-02; AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded RFT 23-02 to Rail Tech Enterprises Inc. in the amount of $73,000 +HST on May 18, 2023; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Rail Tech Enterprises Inc. for the Vienna Community Park Pavilion works; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and Rail Tech Enterprises Inc. for Vienna Community Park Pavilion works; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE, 2023. ___________________________ _____________________________ MAYOR CLERK Schedule A to By-law 2023-050 Page 1 of 3 THIS AGREEMENT DATED THE 15th DAY OF JUNE, 2023 BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the “Municipality” of the First Part and Rail Tech Enterprises Inc. (Hereinafter called the "Contractor") of the Second Part Section 1 - General Provisions 1.1 A general description of work is to provide all the labour, equipment and materials required to construct the Vienna Community Park Pavilion pursuant to Municipality of Bayham Tender 23- 02; 1.2 In respect of such work and except as otherwise specifically provided, the Contractor, at his own expense, shall provide all and every kind of labour, machinery, plant, structures, roadways and materials necessary for the due execution and completion of all the work set out in this Contract and shall forthwith according to the instructions of the Municipality commence the works and diligently execute the respective portions thereof; and deliver the works complete in every particular to the Municipality within the time specified in the Tender. 1.3 Municipality of Bayham Tender 23-02 shall form part of this Agreement. 1.4 The Contractor shall be responsible for any damage made to Municipal or private property. Any damage will be repaired at the expense of the Contractor and approved by the Municipality. 1.5 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be filed with the Municipality upon the signing of the Agreement and be maintained in place for the duration of the agreement. 1.6 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occur. The Contractor shall indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred of paid by the Municipality. 1.7 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating Schedule A to By-law 2023-050 Page 2 of 3 that all payments by the Contractor to the WSIB in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for future payments in connection with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly thereafter until the expiry or termination of this Agreement. Section 2 – Administration 2.1 This Agreement shall take effect on the 15th day of June 2023, and shall remain in effect until December 31, 2023. 2.2 Payment shall be made net thirty (30) calendar days following receipt of invoice. 2.3 Any notice required to be given under this Agreement must be in writing to the applicable address set out below: (a) in the case of the Municipality: Municipality of Bayham PO Box 160 56169 Heritage Line Straffordville, ON N0J 1Y0 Office: (519) 866-5521 Email: sadams@bayham.on.ca (b) in the case of the Contractor: Rail Tech Enterprises Inc. Dennis Crevits 42705 Roberts Line Union, ON N0L 2L0 519-521-6140 Email: railtech@rogers.com 2.4 In construing this Agreement, words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa. Schedule A to By-law 2023-050 Page 3 of 3 IN WITNESS WHEREOF the parties have duly executed this Agreement this 15th day of June, 2023. Authorized by ) THE CORPORATION OF THE Bayham By-law No. 2023-050 ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Mayor ) ) _____________________________ ) Clerk ) WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this 15th day of June, 2023. 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('ola `o!Igndleaauab `saol!s!n `saaaonn ) lauuosaadbaledofsdalsnaesseoouliea ejofolq!suodsaaaqll!Mjoloeiluooaql (e Al3ddSUS uiejeqlno asses),{aomaqlalaldwooofpajinbaisle!.ialeuipue ;uowdmbG `jnogejIle10Alddnsaqlaols! Aeon\ Ild (e MON304dS SNOISIh01:11d -IV103dSWallJLOVMlNOO (INV-11VNEIN30 - 4N01103S THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-051 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND RAIL TECH ENTERPRISES INC. FOR PORT BURWELL LIBRARY PAVILION WORKS WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS quotes were obtained for works associated with 2023 Capital Budget Item PR-04 – Port Burwell Library Pavilion; AND WHEREAS Council awarded the works for Capital Budget Item PR-04 to Rail Tech Enterprises in accordance with the quote of $20,400.00+HST; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Rail Tech Enterprises Inc. for Port Burwell Library Pavilion works; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and Rail Tech Enterprises Inc. for Port Burwell Library Pavilion works; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE, 2023. ___________________________ _____________________________ MAYOR CLERK Schedule A to By-law 2023-051 Page 1 of 3 THIS AGREEMENT DATED THE 15th DAY OF JUNE, 2023 BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the “Municipality” of the First Part and Rail Tech Enterprises Inc. (Hereinafter called the "Contractor") of the Second Part Section 1 - General Provisions 1.1 A general description of work is to provide all the labour, equipment and materials required to repair the Port Burwell Library Gazebo. 1.2 In respect of such work and except as otherwise specifically provided, the Contractor, at his own expense, shall provide all and every kind of labour, machinery, plant, structures, roadways and materials necessary for the due execution and completion of all the work set out in this Contract and shall forthwith according to the instructions of the Municipality commence the works and diligently execute the respective portions thereof; and deliver the works complete in every particular to the Municipality. 1.3 The Contractor shall be responsible for any damage made to Municipal or private property. Any damage will be repaired at the expense of the Contractor and approved by the Municipality. 1.4 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be filed with the Municipality upon the signing of the Agreement and be maintained in place for the duration of the agreement. 1.5 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occur. The Contractor shall indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred of paid by the Municipality. 1.6 The Contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating that all payments by the Contractor to the WSIB in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for future payments in connection with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly Schedule A to By-law 2023-051 Page 2 of 3 thereafter until the expiry or termination of this Agreement. 1.7 The Contractor shall not begin works until after July 1, 2023. Section 2 – Scope of Work 2.1 The Contractor shall remove and replace 8 pressure treated posts and footing and replace with new footings and 8 posts sitting in saddle brackets on 10-inch son tubes, 1.2m deep. 2.2. The Contractor shall install 16-6”X6” angle supports, 2 per post. 2.3 The Contractor shall remove and install new railing to match existing railing. 2.4 The Contractor shall remove decking and replace with a 72-sq m, 4-inch re-enforced concrete pad. Re-enforcement will be 6”X6” wire mesh. 2.5 The Contractor shall install a 1.5-metre wide concrete sidewalk to the existing Erieus Street sidewalk. 2.6 The Contractor shall remove and re-install new equivalent railing system. 2.7 The Contractor shall paint all new wood upon completion. 2.8 The Contractor shall supply and install eight support cables and turnbuckles. 2.9 The Contractor shall topsoil and seed to be applied upon completion. Section 3 – Administration 3.1 This Agreement shall take effect on the 15th day of June 2023, and shall remain in effect until December 31, 2023. 3.2 Payment shall be made net thirty (30) calendar days following receipt of invoice. 3.3 Any notice required to be given under this Agreement must be in writing to the applicable address set out below: (a) in the case of the Municipality: Municipality of Bayham PO Box 160 56169 Heritage Line Straffordville, ON N0J 1Y0 Office: (519) 866-5521 Email: sadams@bayham.on.ca Schedule A to By-law 2023-051 Page 3 of 3 (b) in the case of the Contractor: Rail Tech Enterprises Inc. Dennis Crevits 42705 Roberts Line Union, ON N0L 2L0 519-521-6140 Email: railtech@rogers.com 3.4 In construing this Agreement, words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa. IN WITNESS WHEREOF the parties have duly executed this Agreement this 15th day of June, 2023. Authorized by ) THE CORPORATION OF THE Bayham By-law No. 2023-051 ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Mayor ) ) _____________________________ ) Clerk ) WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this 15th day of June, 2023. In the presence of ) ) ) _______________________ ) ______________________________ Witness: ) Rail Tech Enterprises Inc. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-052 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND AGATHA’S CLEANING SERVICES FOR PROVISION OF WASHROOM MAINTENANCE SERVICES WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS RFP 23-01 was awarded to Agatha’s Cleaning Services on June 15, 2023 for Washroom Maintenance Services; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for the provision of Washroom Maintenance at the following Municipal owned locations in the Municipality of Bayham;  Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON; and  Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between the Municipality of Bayham and Agatha’s Cleaning Services for the provision of washroom maintenance services; 2. THAT By-law No. 2022-032 be repealed as of June 27, 2023; 3. THAT this By-law shall come into full force and effect on June 27, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE, 2023. ___________________________ _____________________________ MAYOR CLERK AGREEMENT PORT BURWELL EAST BEACH & PORT BURWELL COMMUNITY PARK WASHROOM MAINTENANCE THIS AGREEMENT DATED THE DAY OF JUNE, 2023 BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the "Municipality") And Agatha’s Cleaning Services (Hereinafter called the "Contractor") of the First Part of the Second Part WHEREAS The Municipality contracts for Washroom Maintenance at the following Municipal owned locations:  Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON; and  Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the payments required hereby, and such other consideration as the parties hereto deem acceptable, the parties agree as follows: Section 1- Definitions For the purposes of this Agreement, 1.1 "Council" shall mean the Council of the Corporation of the Municipality of Bayham; 1.2 "CAOIClerk" shall mean the Chief Administrative OfficerlClerk of the Municipality of Bayham or designate; Section 2 - General Provisions 2.1 The Contractor shall be solely responsible for Port Burwell East Beach, 1 Robinson Street, Port Burwell, ON & Port Burwell Community Park, 55461 Nova Scotia Line, Port Burwell, ON Washroom Maintenance within the Municipality of Bayham for a four (4) year time period from 2023 – 2027 in accordance with this Agreement with two additional one year municipal mutual options to extend the contact, and agrees to carry out said services in accordance with this Agreement and in accordance with the reasonable directions given by the Manager of Public Works, or designate from time to time. 2.2 Pursuant to Section 2.1 of this Agreement should the contract be extended for the option years, the 2027 fees, indicated in Appendix 'B' shall be indexed by 1.5% in 2028 and an additional 1.5% in 2029. 2.3 The Contractor hereby covenants to perform such services in accordance with the Service Guideline attached hereto as Appendix 'A'. This appendix may be modified only upon mutual written agreement. 2.4 The Municipality hereby covenants to pay the agreed upon price as per Appendix 'B' to the Contractor thirty (30) days from the receipt of invoice for services Invoices will be based on actual services provided the previous month. 2.5 The Contractor shall be responsible for any damage made to Municipal or private property. Any damage will be repaired at the expense of the Contractor and approved by the Municipality. 2.6 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be filed with the Municipality upon the signing of the Agreement and annually thereafter throughout the term of the Agreement. 2.7 The Contractor shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificate of Insurance showing it has complied with the provisions of Section 2.6 including naming the Municipality as an additional inured. 2.8 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occur. The Contractor shall indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality. 2.9 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating that all payments by the Contractor to the WSIB in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for future payments in connection with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly thereafter until the expiry or termination of this Agreement. 2.9 The Contractor shall indemnify and save harmless the Municipality from all injuries and accidents from any work undertaken as a result of this Agreement save and except from damage caused by the negligence of the Municipality or their employees. Section 3 - Administration 3.1 3.2 This Agreement shall take effect on the 27th day of June, 2023 and shall remain in effect until December 31, 2027. Payment shall be made in accordance with the attached Appendix 'B' net thirty (30) calendar days following receipt of invoice. 3.3 The Municipality or Contractor may terminate this Agreement upon forty-five (45) days notice in writing to the other party. Such notice may be mailed by ordinary prepaid mail to the other party, and this Agreement shall terminate on the forty-fifth day following the date of the mailing. 3.4 Any notice required to be given under this Agreement must be in writing to the applicable address set out below: in the case of the Municipality: Attention: CAOIClerk Municipality of Bayham PO Box 160 56169 Heritage Line Straffordville, ON N0J 1Y0 Office: (519) 866-5521 in the case of the Contractor: Attention: Agatha’s Cleaning Services 58 Victoria Street Port Burwell, ON N0J 1T0 519-403-6590 Section 4 - Agreement Definition 4.1 In construing this Agreement, words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa. IN WITNESS WHEREOF the parties have duly executed this Agreement this day of June, 2023. Authorized by ) THE CORPORATION OF THE Bayham By-law No. 2023-052 ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Mayor ) ) _____________________________ ) Clerk ) WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this day of June, 2023. In the presence of ) ) ) _______________________ ) ______________________________ Witness: ) Agatha’s Cleaning Services Appendix A – Service Guidelines Open washroom doors daily at 8:00 am and lock daily at 9:00 pm At each washroom cleaning confirm the Water Refill Station is working by flowing water through the refill port as well as the fountain. If the unit is not operating, check the GFI receptacle it is plugged into inside the mechanical room. Wipe down the unit with a sanitizing wipe or a chlorine solution to keep it in a sanitary condition. Log dates/times of the checks, confirmation that the unit is working and of sanitation process. Log may be left in mechanical room. Scrub toilets and sinks, clean counter tops and floors, and clean the facility prior to opening or following closing plus a minimum of twice daily and as required. Saturdays and Sundays including Holidays requires one (1) extra cleaning between 12-2 pm. Ensure supplies including toilet paper and paper hand towels are in place. Remove all waste from receptacles in facilities and locations and transport to Public Works yard dumpsters and recycling bins at 8354 Plank Rd. Remove all waste and recycling from the receptacles in each location which includes but is not limited to: • Port Burwell Beach Area • East Beach Washrooms • Mid-parking Lot • Accessible Viewing Platform • Pier • Other locations as added. • Playground and Pavilion - 55461 Nova Scotia Line, Port Burwell Clean litter and any broken glass around the facilities and beach area. Sweep sidewalks clear of sand. Appendix B – Fees WEEKLY FEE FOR SERVICES EAST BEACH WASHROOM MAINTENANCE/ COMMUNITY PARK WASHROOM MAINTENANCE $1,000.00 HOURLY RATE FOR EXTRA ITEMS $25/ Hour SUB TOTAL $1,000.00 HST $130.00 WEEKLY TOTAL $1,130.00 SEASON TOTAL (22 WEEKS) $24,860.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-053 BEING A BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES FOR THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may appoint officers and employees as may be necessary for the purposes of the Corporation; AND WHEREAS Section 229 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that a municipality may appoint a Chief Administrative Officer; AND WHEREAS Section 228 of the Municipal Act, 2001, S.O. 2001 c.25, as amended, provides that a municipality shall appoint a Clerk and Section 228(2) provides that a municipality may appoint deputy clerks who have all the powers and duties of the clerk under this and any other Act; AND WHEREAS Subsection 6 (1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, C. 4 provides that if a fire department is established for the whole or a part of a municipality or for more than one municipality, the council of the municipality or the councils of the municipalities, as the case may be, shall appoint a fire chief for the fire department; AND WHEREAS Ontario Regulation 380/04, a Regulation passed under authority of the Emergency Management Act, R.S.O. 1999, C. E.9, provides in part that every Municipality shall designate an employee of the municipality or a member of the council as its emergency management program co-ordinator; AND WHEREAS Subsection 3 (2) of the Building Code Act, S.O. 1992, c.23, as amended, provides that the council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Act, in the areas in which the municipality has jurisdiction; AND WHEREAS the Council of the Municipality of Bayham has entered into a shared services memorandum of understanding with the Township of Malahide for the provision of building services to be provided by Malahide and requiring the appointment of certain building officials to ensure adequate service delivery; AND WHEREAS the Council of the Municipality of Bayham has entered into an agreement with Tenet Security Group Inc. to provide for municipal law enforcement services; By-law No. 2023-053 -2- AND WHEREAS, the Council of the Municipality of Bayham deems it necessary and expedient to provide a new by-law to appoint municipal officers and employees for the purposes of the Municipality to reflect various staff changes made; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the following officers and/or employees be and they are hereby appointed to act in the capacity provided in the Municipality of Bayham for the purpose of administering and where applicable enforcing municipal by-laws and Provincial Statutes and Regulations associated with each position and the approved job descriptions are to be fulfilled: Office/Position Name 1. Chief Administrative Officer/Deputy Clerk Thomas Thayer 2. Treasurer Lorne James 3. Tax Collector Lorne James 4. Clerk Meagan Elliott 5. Planning Coordinator/Deputy Clerk Margaret Underhill 6. Lottery Licencing Officer Meagan Elliott & Margaret Underhill 7. Finance Clerk Donna Wiebe 8. Finance Clerk Sandra Maertens 9. Administrative Assistant Leann Walsh 10. Manager of Public Works/Drainage Superintendent Steve Adams 11. Roads Operations Supervisor Jamie Pilkey 12. Manager of Capital Projects/Water & Wastewater Ed Roloson 13. Water/Wastewater Operations Supervisor Adam Swance 14. Chief Building Official Scott Sutherland 15. Building Official Gerald Moore, Barbara Mocny, Devon Staley, Grant Schwartzentruber & Andy Lamer 16. Fire Chief Harry Baranik 17. Community Emergency Management Co-ordinator Harry Baranik & Thomas Thayer (alt) By-law No. 2023-053 -3- 18. District Chief – Station #1 – Port Burwell Kevin Baker 19. District Chief – Station #2 – Straffordville Kevin Kitching 20. Advisory Chief Perry Grant 21. By-law Enforcement Officer Stephen Miller, Harry Baranik, Tenet Security Group Inc. 22. Property Standards Officer Stephen Miller, Harry Baranik, Tenet Security Group Inc. 23. Provincial Offences Officer Stephen Miller, Harry Baranik, Tenet Security Group Inc. 24. Livestock Valuer Stephen Miller & Harry Baranik 2. THAT Appointment By-law No. 2022-011, and all amendments thereto are hereby repealed. 3. AND THAT this by-law, save and except Stephen Miller’s appointments identified in Sections 21 through 24, shall come into force and effect on July 1, 2023; 4. AND THAT Stephen Miller’s appointments, identified in Sections 21 through 24, shall come into force and effect on July 10, 2023; READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF JUNE, 2023. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-054 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF A SUBDIVISION AGREEMENT BETWEEN JO-LYNN PT. BURWELL INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM, TO PROVIDE FOR THE DEVELOPMENT OF A PLAN OF SUBDIVISION, KNOWN AS THE MACNEIL SUBDIVISION – PHASE 2 CHARLES COURT, VILLAGE OF PORT BURWELL, MUNICIPALITY OF BAYHAM. THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the agreement affixed hereto as Schedule “A”, being a subdivision agreement with Jo-Lynn Pt. Burwell Inc., is hereby approved and the Mayor and Clerk are hereby authorized and directed to execute the same. 2. THAT the agreement is to be registered on title to the lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE, 2023. ___________________________ _____________________________ MAYOR CLERK - 2 Schedule “A” to By-Law No. 2023-054 THIS SUBDIVISION AGREEMENT made in duplicate this 15th day of June 2023. B E T W E E N: JO-LYNN PT. BURWELL INC. Hereinafter called the “OWNER OR SUBDIVIDER” OF THE FIRST PART A N D: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the “CORPORATION” OF THE SECOND PART ___________________________________________________________________________ WHEREAS the Owner represents that it is the Registered Owner of the lands described as: Plan 30 Part Unnumbered Block 2 N/E Elizabeth St & Wellington St, Part 2 Plan 11R4369, save and except 11M188: Municipality of Bayham, County of Elgin, more particularly described in Schedule A, attached hereto. AND WHEREAS the Owner and the Corporation entered into a Subdivision Agreement dated August 12, 2010 which Notice of Subdivision Agreement was registered as CT60669 on August 27, 2010. AND WHEREAS the Owner has agreed with the Corporation to comply with their requirements with respect to the providing of services for the lands proposed to be subdivided, being outstanding matters of Phase 1 and construction of Phase 2, and other matters hereinafter set forth. AND WHEREAS this Agreement shall be registered against the lands, and the Corporation is entitled to enforce the provisions thereof against the Owner and subject to the provisions of the Registry Act and the Land Titles Act, any and all subsequent owners of the lands. AND WHEREAS the Owner agrees by entering into this agreement to satisfy all terms, conditions and obligations, financial or otherwise of the Corporation, pursuant to this agreement, all at the Owner's sole expense and to the satisfaction of the Corporation. NOW THEREFORE, The Parties herein, in consideration of other good and valuable consideration and the sum of Two ($2.00) Dollars, of lawful money of Canada, by each to the - 3 other paid (the receipt whereof is hereby by each acknowledged), covenant and agree with the other as follows: 1. DEFINITIONS: (a) “Owner or Subdivider” shall include the applicant for the approval of a Plan of Subdivision, and the registered owner or owners in fee simple of the land for which the subdivision is proposed and/or their respective heirs, executors, administrators and assigns, and in addition to its accepted meaning, shall mean and include an individual, an association, a partnership, or an incorporated company, and wherever the singular is used herein, it shall be construed as including the plural. (b) “Council” shall mean the Municipal Council of the Corporation. (c) “Engineer” shall mean the Engineer of the Corporation and/or any such Engineer(s) as may be duly authorized and appointed by the Corporation. 2. SCOPE OF AGREEMENT The Owner or Subdivider agrees to complete at his own expense and in a good and workmanlike manner, for the Corporation, all the municipal services as hereinafter set forth to the satisfaction of the Corporation and to complete, perform, or make payment for such other matter as may be provided for herein. 3. CONSULTING ENGINEERS (a) The Owner or Subdivider agrees to retain a Professional Engineer as the Consulting Engineer of the Owner or Subdivider, to carry out all the necessary engineering and supervise the work required to be done for the development of the subdivision. Such Consulting Engineer or a successor thereto, shall continue to be retained until the work provided for in this agreement is completed and formally accepted by the Corporation. (b) The Owner or Subdivider agrees that in the preparation of contract plans and specifications, the following procedure will be followed by the Consulting Engineer: (i) Design all the works covered by this Agreement. (ii) Prepare plans, profiles and specifications for the said works and to submit detailed plans, profiles and specifications to the Corporation for approval prior to the installation of such works. (iii) Obtain, in conjunction with the Corporation, all the necessary approvals required prior to the construction of such works. - 4 (iv) Obtain the approval of the Corporation, for the Contractor(s) for the said works. (v) Provide full time inspections during the construction of underground services and part time inspections as necessary for the surface work. (vi) Maintain all records of construction of the said works. (vii) Supply to the Corporation mylar reproductions of all the works as constructed by the Contractor. The drawings shall be to the scale or scales established by the Corporation’s Engineer. (viii) On completion of construction of the said works, to supply the Corporation with a certificate that the execution of the said works was in accordance with the approved plans and specifications. This certificate will not be valid until signed by the Corporation, and the Corporation’s Engineer. (ix) Supervise the construction of any remedial work required by the Corporation. 4. LIENS The Owner or Subdivider shall cause to be discharged any lien registered and/or filed with the Corporation, pursuant to the Construction Lien Act, R.S.O. 1990, (Ontario) as amended, in respect to any of the works undertaken by the Owner or Subdivider. The Owner or Subdivider shall pay any legal costs, fees and disbursements howsoever incurred by the Corporation, in connection with any such lien, whether or not there are reasonable grounds for registration of the lien by the lien claimant. In the event the Owner or Subdivider fails to discharge any such lien or fails to pay any such cost, fees and disbursements, incurred by the Corporation in connection with such lien, the Corporation may make arrangements to discharge the lien by taking such actions as it see fits, acting in its sole discretion. If the Owner or Subdivider fails to reimburse the Corporation in connection with any costs incurred, pursuant to this paragraph, the Corporation shall have the right to realize on the Performance Guarantee provided by the Owner or Subdivider under paragraph 18 of this Agreement. 5. EASEMENTS Upon completion and acceptance of the Plan of Subdivision, the Owner or Subdivider shall: (i) dedicate all road allowances shown on the Plan, as Public Highways; (ii) provide the Corporation with such rights and easements as it may require for sanitary sewers, storm sewers, storm drainage, water mains and other utility purposes; - 5 (iii) provide Hydro One, telecommunications and natural gas companies with such easements as each of them may require for hydro, telephone, and television cable and natural gas utility purposes. Any such transfer, pursuant to (i) above, shall be in fee simple and for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Corporation’s Solicitor, and title to such lands shall be good and free from all liens and encumbrances. The rights and easements granted pursuant to (ii) and (iii) above, shall be for nominal consideration (i.e. One ($1.00) Dollar), in a form satisfactory to the Grantee’s Solicitor, and the title to lands over which the rights and easements are granted, shall be good and free from liens and encumbrances and if required by the Grantee’s Solicitor, the consent of the Committee of Adjustment, to such rights and easements shall be obtained by the Owner or Subdivider. The Owner or Subdivider, agrees that forthwith, after registration of any transfers of title, pursuant to (i) above, and any grant of rights and easements, pursuant to (ii) and (iii) above, it shall provide to the Transferee’s Solicitor or Grantee’s Solicitor, a Certificate of Opinion of Title of the lands in respect of which such transfer and rights and easements are granted, in a form satisfactory to the Transferee’s or Grantee’s Solicitor, such Certificate or Opinion to be given by a Solicitor authorized to practice Law in the Province of Ontario. The Owner or Subdivider agrees to provide the Corporation with a mylar copy of the reference or survey plan designating the lands in respect of which such transfers of title and grants or rights and easements are given. The lands to be transferred and the lands over which rights and easements are to be given, pursuant to Section 5 and (i) (ii) and iii) above, shall, on the registration of the Plan, be in a clean and tidy condition, graded as required, and if necessary, stabilized against erosion. After such lands or such rights and easements are so transferred, the Owner or Subdivider shall not use or permit the use of such lands for the storing of topsoil or any excavated material or equipment except with the written consent of the Corporation, and in the event of default, the Corporation, after giving the Owner or Subdivider such notice as it considers reasonable, may remove such soil, material or equipment and the cost thereof shall be paid by the Owner or Subdivider to the Corporation. 6. SANITARY SEWERS The Owner or Subdivider constructed a complete sanitary sewer system according to the General Plan of Services attached to and forming part of the Subdivision Agreement dated August 12, 2010. This system is intended to service all the lands on the said Plan of Subdivision Phase 1 and Phase 2, according to designs approved by the Corporation, and according to the specifications of the Corporation’s Engineer in effect at the date of - 6 construction thereof, and the Owner or Subdivider shall maintain them including clearing any blockage until they are formally accepted by the Corporation. Such sewer system shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision, or an adjacent road allowance, to service the subdivision and lands outside the subdivision, which, in the opinion of the Corporation, will require their use as trunk outlets. The Corporation may consent to or authorize connection into the sanitary sewer system but such connection shall not constitute acceptance of the sewer system by the Corporation. 7. STORM SEWERS (a) The Owner or Subdivider agrees to construct a complete storm sewer system or systems, including storm connections to the street line where required, in the opinion of the Corporation, and catchbasins and leads to service all the lands in the said Plan of Subdivision, and adjacent road allowances, according to designs approved by the Corporation, and according to the specifications of the Corporation, in effect at the date hereof, and the Owner or Subdivider shall maintain them, including clearing any blockages until they are formally accepted by the Corporation. Such sewers shall be constructed to an outlet or outlets according to designs approved by the Corporation and shall be of sufficient size, depth and at locations within the limits of the subdivision or on adjacent road allowances, to service the subdivision, and any lands adjacent to the subdivision, which, in the opinion of the Corporation will require their use as trunk outlets. The Corporation may connect or authorize connection into them but such connection shall not constitute acceptance of the sewer system or systems by the Corporation. (b) The Owner or Subdivider agrees, at its expense, to construct and the Corporation to maintain a stormwater management system which is approved by all regulating agencies and which provides an adequate stormwater management system for all lands within the Plan. 8. ROADS – PAVED The Owner or Subdivider agrees to construct all the roads as shown, on the said Plan of Subdivision Phase 2, according to the Design and Construction Standards for the Municipality of Bayham 2018 in effect at the date hereof and to maintain them until they are formally accepted by the Corporation. The specifications for boulevard grading shall apply to existing streets adjacent to the said Plan of Subdivision. - 7 9. ROAD GRADES, ETC. (a) Before actual construction begins proof must be furnished by the Owner or Subdivider or his/her agents that the road grades have been approved by the Engineer in order that the watermains and appurtenances were laid to the proper grade. (b) When, in the written opinion of the Corporation, it is necessary to change the said road grades the Owner or Subdivider agrees to grade the road to sub-grade in the manner and at the time stipulated by the Corporation in accordance with the specifications of the Corporation, and to restore the streets to their original condition prior to the change in the grade. (c) GRADE The Owner or Subdivider agrees to grade, to the Corporation’s specifications, to the full width, all road allowances as shown on the said Plan of Subdivision, prior to the installation or construction of the relevant municipal services provided for herein. The Owner or Subdivider further agrees to keep the boulevards clear and free of all materials and obstructions which might interfere with the installation of electric, telephone, gas or other utilities. The Owner or Subdivider will be responsible for any change in grade of any street up to 150 feet from the proposed Plan of Subdivision where the change is reasonably necessary to service a street within the subdivision. 10. CURBS AND GUTTERS The Owner or Subdivider agrees to construct curbs and gutters on all the streets as shown on the said Plan of Subdivision and on all existing streets adjacent to the said Plan of Subdivision, subject to Section 9 (a) of this agreement, according to the specifications of the Corporation in effect at the date hereof, and to maintain them until they are formally accepted by the Corporation. If any curb depressions are not located correctly with respect to a driveway, the Owner or Subdivider shall construct a curb depression in the correct location and replace the original according to the said specifications. 11. SIDEWALKS The Owner or Subdivider agrees to construct sidewalks on one side of Charles Court (Phase 2) in the time specified in Schedule ‘B’, as shown on the said Plan of Subdivision according to the Design and Construction Standards for the Municipality of Bayham 2018, in effect at the date hereof, and to maintain them until they are formally accepted by the Corporation. - 8 12. WATERMAINS The Owner or Subdivider hereby agrees a complete watermain system was constructed, including shut-off valves, hydrants, water service connections and all appurtenances to the street line to service all lands in the said Plan of Subdivision, according to specifications which were in effect at the time of the installation of the system and not necessarily those in effect at the time of this Agreement and the Owner or Subdivider shall maintain them until they are formally accepted by the Corporation. All watermain systems are of sufficient size, depth, and location to adequately service the lands within the subdivision, in the opinion of the Corporation. Where it is necessary to extend any system within the subdivision, to the existing watermain system, outside the subdivision, including adjacent subdivisions, the size, depth, and location of the extension must be acceptable to the Corporation. Oversizing is to be negotiated, but 6 inch and 8 inch watermains are not to be considered as oversized. The Corporation may connect or authorize connection into the watermain system but such connection shall not constitute acceptance of the watermain system by the Corporation. All as-constructed Plans relating to the installation of watermains, appurtenances and services must be submitted to the Corporation in paper copy (2 copies) and electronically along with paper (1 copy) and electronic copies of the application submitted to the Ministry of the Environment and Energy for their approval. 13. LOT GRADING, SODDING, LANDSCAPING (a) The Owner or Subdivider agrees to grade, provide top soil and sod the portion of the street allowances lying between the front property line of lots and the curb save and except any portion of the street allowance within the driveway. The Owner or Subdivider shall sod all front yards of each of the lots except for paved or planted areas, upon the completion of the construction of dwelling thereon. The Manager of Public Works must approve any exception to this requirement in writing. Said sodding must be in conformity with the grading control plan as set out on Schedule ‘D’ attached hereto. (b) Before house construction proceeds beyond the basement level, the Consulting Engineer or an Ontario Land Surveyor shall provide the Corporation with a certificate confirming the foundations are: (i) in conformity with the footing and top of foundation wall elevations, shown on the approved Grading Plan; (ii) sited entirely on the correct lot and conforms to the applicable Zoning By-Law. Site surveys are to be attached to the certificate. (Field notes in lieu of a siting survey will be accepted at this time to allow construction to proceed.) - 9 Certification of foundation elevations by the Consulting Engineer or Ontario Land Surveyor shall be taken to mean conformity with the approved Grading Plan with a tolerance of 150 mm., and will include verification of top of foundation wall, any steps in the foundation (if applicable) and the garage sill. Non-conformance to either siting or foundation elevations shall be brought to the Corporation’s attention for further direction, prior to proceeding with any further construction. The Consulting Engineer or Ontario Land Surveyor shall then provide the Corporation with preliminary lot certificates advising that the lot grading conforms to the approved Grading Plan and is approved for sodding or seeding. Prior to the release of any lot grading conditions of this Subdivision Agreement, the Consulting Engineer or Ontario Land Surveyor, shall provide final certification to the Corporation in the form of as-built elevations on the Grading Plan in accordance with the approved Plan of Subdivision. (c) Upon the elevations and grades being established in accordance with this Agreement, the Owner or Subdivider, shall thereafter, maintain the same for so long as the Owner or Subdivider is the registered owner of the lot. The Parties agree that the Lot Grading Plan is a photographically reduced and un-initialled copy of the Lot Grading Plan, initialled by the parties on the execution of this Agreement and that such initialled Plan forms part of this Agreement. The Parties further agree that in the event that any part or parts of the Lot Grading Plan are illegible or conflict with the initialled Plan from which it was made, the initialled Plan shall prevail. (d) If, in the opinion of the Corporation, the Owner or Subdivider has at any time during which the Owner or Subdivider is the registered owner of any lot within the Plan of Subdivision failed to establish or maintain any such grade or elevation as required by Paragraph 13 (c), the Corporation, may, after giving such notice to the Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill, and do such works and remove anything from the lot as in the Corporation’s opinion, may be necessary to remedy such default, and the costs thereof, shall be paid by the Owner or Subdivider, to the Corporation. (e) Where the Owner or Subdivider has sold a lot within the Plan of Subdivision, and in the opinion of the Corporation, the Owner or Subdivider, or the subsequent owner has, at any time, failed to establish or maintain any grade or elevation required to be established or maintained by paragraph 13 (c), the Corporation may, after giving such notice to the subsequent Owner or Subdivider, as the case may be, enter and re-enter from time to time upon such lot with equipment, machinery, sod and fill and do such works and remove anything from the lot as in - 10 the Corporation’s opinion may be necessary to remedy such default and the costs thereof, shall be paid by the subsequent Owner or Subdivider, to the Corporation, and if no lots are sold, it shall constitute a lien on the lot and interest shall be payable on the amount thereof at the rate of Fifteen percent (15%) per annum, commencing Fifteen (15) days after the mailing of the statement to the subsequent Owner or Subdivider, at his/her last known address. 14. STORM WATER MANAGEMENT A final Stormwater Management report is to be submitted to the Corporation and any affected lands deeded to the Corporation for future maintenance. 15. ADMINISTRATION AND INSPECTION COSTS (a) The Owner or Subdivider agrees to pay to the Corporation all administrative costs incurred in connection with this Agreement, including legal and engineering costs. (b) All of the underground works installed shall be constructed and installed under the supervision of inspectors approved by the Corporation. The Owner or Subdivider hereby agrees to pay all accounts of the Corporation in connection with the services of the said Inspectors. No work specified in the Agreement or in the specifications shall be carried out unless there is an inspector to ensure that all work is being completed in accordance with specifications approved by the Corporation. (c) The Owner or Subdivider agrees with the Corporation that the previously installed infrastructure for Phase 2 of the development is subject to a third-party inspection program and sign-off at the Owner or Subdivider’s cost prior to the assumption by the Corporation. 16. FINANCIAL PAYMENTS – CAPITAL CHARGES Except as expressly provided in this Agreement, the charges payable pursuant to this Paragraph 16 shall be payable by the Owner or Subdivider as specified. (a) PARKLAND DEDICATION FEE The Owner or Subdivider shall provide parkland dedication in the form of cash-in-lieu in the amount of $1250.00 per lot for Phase 2 Charles Court 14 lots and shall be collected prior to the registration of Phase 2 of the plan of subdivision. (b) STREET LIGHTING The Owner or Subdivider shall be responsible for any costs associated with street light installation. The type, number and location of the said streetlights shall be in - 11 compliance with the Municipality of Bayham 2016 Street Light Specification Design Criteria and the Corporation shall be provided with a Streetlight Plan for approval prior to any installation. All streetlighting shall be activated prior to the issuance of the first occupancy permit. (c) ELECTRICAL DISTRIBUTION SYSTEM The Owner or Subdivider hereby agrees to construct a complete electrical system at his/her expense including all switches, junction boxes, transformers, wire, hydro service connections, and appurtenances, to the street line to service all lands in the said Plan of Subdivision, according to designs approved by Hydro One and according to its specifications which are in effect at the time of the installation of the system and not necessarily those in effect at the time of this Agreement, and to maintain them until they are formally accepted by Hydro One. Hydro One reserves the right to do the work and the Owner or Subdivider shall pay the total cost. The electrical system within the subdivision, shall be of sufficient size, depth and at a location to adequately service, in the opinion of Hydro One, the subdivision of any lands serviced through it and where it is necessary to extend the system within the subdivision, to the existing system, outside the subdivision, and any adjacent subdivisions, the size, depth and location of the extension must be acceptable to Hydro One. Hydro One may connect or authorize the connection of the electrical system but the connection shall not constitute acceptance of the electrical system by Hydro One. All plans relating to the installation of the electrical system, appurtenances and services must be submitted to Hydro One for approval along with evidence that any variances from their standards are acceptable by the Municipal Electric Association. (d) DEVELOPMENT CHARGES (a) The Subdivider acknowledges that at the date of this Agreement, development charges are payable in respect of any development within the Plan in accordance with the Municipality of Bayham Development Charges By-law, being By-Law No. 2022-067; (b) The Subdivider further acknowledges that if said development charges bylaw is amended or is repealed and a further or additional bylaw is enacted, the development charges payable shall, irrespective of the charges payable at the date of this Agreement, be those payable in accordance with the bylaw or bylaws in effect at the time a building permit is issued. (c) Pursuant to Section 59(4) of the Development Charges Act, SO 1997, c.27, as amended, the Subdivider shall notify in writing each person who first agrees to purchase each subdivided lot within the Plan of all development - 12 charges, including development charges for school purposes, relating to any such Lot. 17. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner or Subdivider, shall supply the Corporation with a Liability Insurance Policy in the amount of Five Million ($5,000,000) Dollars, and in a form satisfactory to the Corporation, indemnifying the Corporation, and their agents from any loss arising from claims for damages, injury or otherwise in connection with the work done by or on behalf of the Owner or Subdivider. In the event any renewal premium is not paid, the Corporation, in order to prevent the lapse of such liability insurance policy, may pay the renewal premium or premiums and the Owner or Subdivider, agrees to pay the cost of such renewal or renewals within Fourteen (14) days of the account therefore being rendered by the Corporation. The Owner or Subdivider shall provide written notice to the Corporation of the cancellation of the liability insurance policy, Twenty-One (21) days before the cancellation is to come into effect. 18. PERFORMANCE GUARANTEE (a) As security for the construction and installation of services required by this Agreement, and prior to the release of the Plan of Subdivision, for registration, the Owner or Subdivider, shall supply the Corporation with security for performance and completion of all works required by this Agreement, in the amounts as set out in Schedule “C” Phase 1 and Schedule “C” Phase 2, in the form of an Irrevocable Letter of Credit, or Bank Cheque/Draft from a chartered bank or other financial institution, satisfactory to the Corporation, expressed to be pursuant to this Agreement, and payable to the Corporation at any time or in part, from time to time, upon written notice from the Corporation, that the Owner or Subdivider, is in default under this Agreement. The said security shall be for the period of time set forth in Schedule “B” for the completion of the works. (b) The Owner or Subdivider agrees with the Corporation that after Fifty percent (50%) of the said works are completed, to the satisfaction of the Corporation, the amount of the security will be progressively reduced to the amount equal to the estimated cost of the uncompleted work, plus Twenty per cent (20%) as determined by the Corporation’s Engineer. The reduction will be made after the receipt of the progress certificate from the Consulting Engineer, proof that the contractor has been paid, and approval by the Corporation. However, the said security will not be allowed to be reduced below Twenty-Five per cent (25%) of the estimated cost of all works until all of the work has been completed to the satisfaction of the Corporation’s Engineer and the Corporation and the Owner or - 13 Subdivider, has provided a Letter of Credit for the Maintenance Guarantee. If staging is approved by Council, the above shall be applicable per stage. 19. MAINTENANCE GUARANTEE The Owner or Subdivider agrees with the Corporation that, upon completion of the various parts of the works and prior to acceptance by the Corporation, the Owner or Subdivider, will provide at his/her own expense, a Letter of Credit or Bank Cheque/Draft for the sum of Twenty-Five per cent (25%) of the actual cost of all the works still subject to the guarantee, to guarantee the workmanship and materials for a period of four (4) years from the date of satisfactory completion of the work. 20. OCCUPANCY OF BUILDING The Owner or Subdivider agrees that no building shall be occupied or used for any purpose in the subdivision until sewer, water and electricity are in operation, and in the opinion of the Corporation, capable of providing adequate service. The Owner or Subdivider further agrees that no building shall be occupied or used for any purpose in the subdivision until a base coat of asphalt has been installed on the road immediately in front of the building and extending to an existing municipal road, and to maintain vehicular access to the said building until the roads are formally accepted by the Corporation. 21. TIME LIMIT FOR WORK AND GUARANTEE FOR WORKMANSHIP AND MATERIAL Save as herein otherwise provided the Owner or Subdivider agrees to complete the work required under this Agreement within the Time Limits specified in the Schedule attached hereto as Schedule “B”, and to guarantee the workmanship and materials for a period of Four (4) years from the date that the said works are approved, in writing, by the Corporation. Any work other than that specifically provided for in Schedule “B” shall be completed within the time limit provided for herein, for sidewalks, curbs and gutters and roads. The Owner or Subdivider shall, in the period prior to final acceptance of the services or utilities to be constructed under this Agreement as soon as it is practicable after receiving written notice from the Corporation repair any damage caused to existing services or utilities by the implementation or performance of this Agreement or caused during the construction of dwelling units or other buildings on any part of the development. Should the Owner or Subdivider fail or neglect to carry out repairs or any other work required of this Agreement the Corporation may, in addition to any other rights or remedies it may have at law or in equity, assert and exercise the rights provided for in Clause 22. - 14 22. UNCOMPLETED OR FAULTY WORK If in the opinion of the Corporation the Owner or Subdivider is not completing or causing to be completed the work required in connection with this Agreement, within the specified time, or is improperly performing the work, or shall the Owner or Subdivider neglect or abandon it before the completion or unreasonably delay the same so that the conditions of this Agreement are being violated, or carelessly executed, or in bad faith, or shall the Owner or Subdivider neglect or refuse to renew or again perform such work as may be rejected by the Corporation, as defective or unsuitable, or shall the Owner or Subdivider, in any other default in performance of the terms of this Agreement, then, in any such case, the said Corporation shall promptly notify the Owner or Subdivider and his/her surety in writing of such default or neglect and if such notification be without effect within Seven (7) clear days, after such notice, then in that case, the Corporation shall have full authority and power to immediately purchase such materials, tools and machinery and to employ such workmen as in their opinion, shall be required for the proper completion of the said work, at the cost and expense of the Owner or Subdivider, or his/her surety or both. In cases of emergency, in the opinion of the Corporation, such work may be done without prior notice but the Owner or Subdivider shall forthwith be notified. The cost of such work shall be calculated by the Corporation whose decision shall be final. It is understood and agreed that the total costs shall include a management fee of Twenty per cent (20%) of all labour, material and machine time charges incurred to complete the work and further, a fee of thirty per cent (30%) of the charges incurred for the dislocation and inconvenience caused to the Corporation as a result of such default on the part of the Owner or Subdivider, it being hereby declared and agreed that the assuming by the Owner or Subdivider of the obligations imposed by this paragraph is one of the considerations without which the Corporation would not have executed this Agreement. It is further understood and agreed between the parties hereto that such entry upon the lands shall be as an agent for the Owner or Subdivider, and shall not be deemed for any purpose whatsoever as an acceptance of the said services by the Corporation. 23. GENERAL PROVISIONS The Owner or Subdivider agrees with the Corporation: (a) REGISTRATION OF AGREEMENT The Owner or Subdivider agrees that this Agreement shall be registered by the Corporation’s Solicitor upon the title to the lands within the plan of subdivision, and agrees to pay all solicitor’s fees and disbursements incurred by the Corporation in respect to registration of this Agreement, forthwith, upon demand. (b) CONTINUATION OF EXISTING SERVICES Where the construction of services herein involves a continuation of existing services to join into the same including adjustment of grades where necessary, - 15 such work to be completed in a good workmanlike manner and at the expense of the Owner or Subdivider. (c) PUBLIC LANDS – FILL AND DEBRIS To neither dump nor permit to be dumped any fill or debris on, nor to remove or permit to be removed any fill from any public lands, other than the actual construction of roads in the subdivision without the written consent of the authority responsible for such lands. The Owner or Subdivider shall, on request, supply the Corporation with an acknowledgement from such authority of the Owner or Subdivider’s compliance with the terms of this clause. (d) QUALITATIVE OR QUANTITATIVE TESTS The Corporation may have qualitative or quantitative tests made of any materials which have been or are proposed to be used in the construction of any services required by this Agreement and the cost of such tests shall be paid by the Owner or Subdivider within Fourteen (14) days of the account being rendered by the Corporation. (e) RELOCATION OF SERVICES To pay the cost of relocating any existing services and utilities caused by the development work within Fourteen (14) days of the account for same being rendered by the Corporation. The Owner or Subdivider further agrees to similarly pay the cost of moving any services or utilities installed under this Agreement in driveways or so close thereto, in the opinion of the Corporation, as to interfere with the use of the driveway. (f) TAXES That prior to the release of the plan for registration the Owner or Subdivider shall pay the taxes in full for all the lands included in the said Plan of Subdivision according to the last revised assessment roll, until the lands are assessed and billed as a registered plan. (g) LOCAL IMPROVEMENTS Prior to the release of the plan for registration, to prepay any outstanding local improvement charges which are levied against any of the lands in the said plan of subdivision. (h) SPECIFICATIONS Unless otherwise specified, any work required under this Agreement shall be according to the specifications of the Corporation. - 16 Any and all approval of plans and specifications by the Corporation does not relieve the Owner or Subdivider of responsibility for errors and omissions in the plans and specifications. It shall be the responsibility of the Owner or Subdivider to supply any third party contractor with all necessary information to compete the works contemplated under this Agreement. (i) STREETS (i) A Traffic Impact Statement (TIS) was conducted by RC Spencer Associates Inc. Consulting Engineers. Their report entitled, “MacNeil Subdivision, Port Burwell, ON Traffic Impact Statement” and dated March 13, 2023 evaluated and commented on the potential traffic impact of the Phase 2 residential cul-de-sac. The TIS concluded that the additional traffic generated by the development will not adversely impact area traffic operations. (ii) During the construction of the services and utilities required to be constructed under this Agreement and during the construction of any dwelling units to be constructed within the subdivision, all streets within the development site Charles Court (Phase 2) shall be maintained in good repair and clean by the Owner or Subdivider but this obligation and liability of the Owner or Subdivider does not extend beyond the time of final acceptance. Until final acceptance the Owner or Subdivider shall be responsible to maintain the entrances to the site on the existing municipal street to ensure the roads are kept clean and free from dust and debris. (j) STREET SIGNS Street signs and traffic control signs will be installed by the Corporation at the Owner’s expense. (k) LICENCE TO ENTER To retain a licence from any subsequent purchaser of the aforesaid lands to enter upon such lands in order to comply with the provisions of this Agreement. (l) SANDING, DUST CONTROL, SNOW/ICE REMOVAL FROM ROADS Prior to the Corporation assuming the services, the Owner or Subdivider agrees to provide, at their expense, dust and weed control. The Owner or Subdivider shall snowplow and sand any unpaved roads when required to provide and maintain safe and adequate vehicular access to all occupied buildings. The Corporation agrees to snowplow and sand all paved roads in the subdivision upon completion by the owner of the base coat of asphalt and when all frames and - 17 covers for catchbasins, manholes and water valves have been set at the same elevation as the base coat of asphalt so they will not interfere with snowplowing operations. The Owner or Subdivision agrees that any service provided by the Corporation prior to formal acceptance of the roads by the Corporation shall not be deemed acceptance of the roads. (m) SURVEY MONUMENTS AND MARKERS Prior to the formal acceptance of the services and roadwork by the Corporation, to supply a statement by an Ontario Land Surveyor that, after the completion of the subdivision work, he has found all standard iron bars and survey monuments as they pertain to only vacant lots remaining on the date of the acceptance of the subdivision. (n) INTEREST Interest at the per annum rate of Three per cent (3%) points above the prime rate of the Corporation’s bank shall be payable by the Owner or Subdivider, to the Corporation, on all sums of money payable herein, which are not paid on the due dates calculated from such due dates. The due dates of any sum of money shall be Fourteen (14) days after the date of the invoice. (o) CANCELLATION OF AGREEMENT In the event the plan of subdivision is not registered within one year from the date hereof, the Corporation may, at its option, on one month’s notice to the Owner or Subdivider, declare this Agreement to be null and void. (p) NOTICES Any notices required to be given hereunder may be given by registered mail, addressed to the other party at its address according to the most recent assessment roll and shall be effective as of the date of the deposit thereof, in the Post Office. (q) UNSOLD LOTS The Owner or Subdivider is to provide suitable grass, weed and dust control on any unsold lots. Failure to do so will result in the Corporation performing the work and assessing a charge or lien to the property. (r) STAGING The Owner or Subdivider covenants and agrees that the construction of the subdivision will be completed in one Phase being Phase 2 – Charles Court (14 lots) with some or all of the services required to be provided by the Owner or Subdivider and the Owner or Subdivider may complete such services in accordance with such time lines as specified in Schedule “B”. - 18 (s) BUILDING PERMITS The Owner or Subdivider covenants and agrees not to apply for any building permit for any building on the lands until the following pre-requisites have been satisfied: 1. The Water/Wastewater Operations Manager or designate has advised in writing that all sanitary sewer and water main systems have been constructed and installed in accordance with this agreement and are connected to existing facilities that are in operation and until the entire system is, in the opinion of the Manager capable of servicing said lands. 2. The Manager of Public Works or designate has advised in writing that rough grading has been carried out to his/her satisfaction and that building permits may be issued in accordance with the grading control plan attached hereto as Schedule ‘D’; curb and gutter, storm water sewer systems and base coat of asphalt has been installed; all traffic and street signs have been installed. Exceptions to this condition may be permitted where, in the opinion of the Manager of Public Works, there are extenuating circumstances. In these cases, the Owner or Subdivider shall undertake protective and remedial measures to the satisfaction of the said Manager. All costs of such protective and remedial measures shall be borne by the Owner or Subdivider. 3. Hydro One has advised the Corporation in writing that the complete electrical system has been installed in accordance with this agreement and is capable of servicing the lands. Exceptions to this condition may be permitted in writing at the discretion of the Corporation. 4. The Owner or Subdivider has satisfied all the financial requirements under this agreement. (t) TREE PLANTING The Owner or Subdivider shall plant one tree per lot in the front yard and of a kind and size approved in writing by the Manager of Public Works. Should any tree die within 12 months of planting the Owner or Subdivider shall replace the tree with a new tree as prescribed in this agreement. Trees are to be planted a minimum of 1 metre (3.3 feet) behind the front property line and located so as not to interfere with services and utilities at any time. (u) SURFACE WATER MANAGEMENT DURING CONSTRUCTION The Owner or Subdivider agrees to require the contractor to provide means to avoid ponding, erosion and/or flooding onto adjacent properties during construction and will continue until lots have been developed by means of erosion - 19 provisions such as silt fencing, straw bales and rough grading of undeveloped lots to maintain all surface water on developed property. (v) DRIVEWAY APPROACHES The Owner or Subdivider shall pave all driveway approaches to the satisfaction of the Manager of Public Works upon the construction of the building serviced by any such driveway. If any dropped curb is not located correctly with respect to any driveway, the Owner shall construct a dropped curb in the correct location and shall fill in the original dropped curb in accordance with specifications. (w) CANADA POST The Owner or Subdivider shall coordinate with Canada Post and the Manager of Public Works for the installation of a community mailbox at a mutually agreed upon location to provide postal services for MacNeil Subdivision – MacNeil Court Phase 1 and Charles Court Phase 2. (x) ARCHAELOGICAL ASSESSMENT An Archaeological Assessment of the Lands was conducted by Mayer Heritage Consultants Inc., London Ontario. Their report entitled, “Archaeological Assessment (Stages 1 and 2) Proposed MacNeil Subdivision, Town of Port Burwell, Elgin County, Ontario” and dated November 2009 recommended that no further assessment or mitigative measures are warranted for locations identified within the Report. The Culture Programs Unit, Programs and Services Branch Culture Division, of the Ontario Ministry of Tourism, Culture and Sport, in a letter dated March 1, 2011 is satisfied that the fieldwork and reporting of the archaeological assessment is consistent with the Ministry’s 1993 Standards and Guidelines for Consultant Archaeologists and the terms and conditions for archaeological licences. The Subdivider is advised that in the event that deeply buried archaeological remains should be discovered during construction, it is recommended that archaeological staff of the Ontario Ministry of Tourism, Culture and Sport be notified immediately. Similarly, in the event that human remains should be encountered during construction, the Funeral, Burial and Cremation Services Act, 2002, S.O.2002.c33 (FBCSA) requires that any person discovering human remains must notify the appropriate municipal police, the local coroner, and the Bereavement Authority of Ontario. (y) MODEL HOME The Corporation agrees to the issuance of one building permit for the purpose of constructing one model home on Lot # 1 Charles Court for the benefit of the - 20 Owner or Subdivider to market the subdivision. This one model may be constructed in advance of the installation of base coat asphalt and preliminary acceptance of the services provided suitable arrangements satisfactory to the Corporation have been made for fire protection and access. The model may not be occupied as a residential unit until base coat asphalt has been placed and preliminary acceptance of services has been granted. 24. The Owner or Subdivider agrees with the Corporation: (a) EXTENT OF WORK The extent of work shall be construed to consist of the labour and materials necessary for the construction in a good substantial, workmanlike manner of all the items required for the completion of the entire work consisting of all the items shown on the drawings which have been approved by the Corporation, and which shall be installed according to these specifications; also, of all excavations, drains, sheathing, shoring, false-work, forms, tools, appliances, and materials necessary for the safe expeditious and effective execution of all temporary and permanent work. The Owner or Subdivider shall be responsible for obtaining the location of all other Utilities such as Electric Underground Cables, Telephone Conduits, Sewer Catchbasins, Farm Drainage Tiles, Gas Mains and Services, etc., from the utility concerned, and must protect and/or repair same subject to the regulations of the particular service involved Excavations, backfilling and all work on Municipal Streets must have the approval of the Engineer and/or Corporation. Pavements, driveways, entrance to property, lawns, etc., must be replaced in as good condition as found. Barricades and lanterns must be installed on all works for the protection of vehicles and pedestrians and all precautions taken to minimize the risk of damage and inconvenience to others. All work shall be carried out so that it conforms to the regulations of the Trench Excavators Act, and the Worker’s Compensation Board, as it pertains to the safe working conditions of the workers employed on the job. Where a watermain is installed across a non-consolidated sewer or other trench adequate horizontal and vertical bracing must be installed to properly support the pipe during settlement of the trench. The Owner or Subdivider shall take full responsibility for pavement breaks, which must be approved by the Engineer and restored to the regulations applicable. The closing of roads due to the installation of watermains must have the approval of - 21 the Corporation’s Engineer and the Owner or Subdivider, must observe all applicable regulations. If the Owner or Subdivider wishes to use a fire hydrant for a supply of water for construction purposes he must obtain approval from the Fire Chief and/or Corporation and provide a proper fitting, complete with shut-off valve to attach to the hydrant. Under no condition is he to operate a hydrant repeatedly as this may cause damage to the mechanism necessitating a compete overhaul. The opening and closing of valves and the loading of watermains only to be performed by employees of the Corporation or its agents. The Consulting Engineer(s) shall make arrangements in advance for this type of work to be done. The cost of performing this service will be charged to the Owner or Subdivider and all accounts shall be settled on demand. All cutting connecting to the Corporation’s existing mains are normally made by the Corporation’s forces at the expense of the Owner or Subdivider. This work may be performed by the Owner or Subdivider by permission of the Engineer and/or Corporation, and with the Inspector present. In the absence of the Owner or Subdivider from the job (whether permanent or temporary), he/she shall provide and leave a competent and reliable agent or foreman in charge and all notices communications, instructions, or orders given, sent, or served upon this person, shall be taken as served upon the Owner or Subdivider. (b) SPECIFICATIONS The Owner or Subdivider agrees that the installation of the water distribution system was carried out in accordance with the specifications previously referred to as supplied by the Corporation. These specifications are considered to be a part of this Agreement. (c) LIENS OR CLAIMS The Owner or Subdivider agrees that, upon applying for final acceptance of the waterworks system in the said subdivision, to supply the Corporation with a Statutory Declaration that all accounts for work and materials have been paid or provided or that there are no claims for liens or otherwise in connection with such work done or materials supplied on behalf of the Owner or Subdivider, in connection with the subdivision. 25. Schedules “A” through “C2” as listed are attached hereto: 1. Schedule “A” Drawings Descriptions 2. Schedule “B” Estimated Time Limits – April 11, 2023 3. Schedule “C” Phase 1 - Security and Cash Payment 4. Schedule “C” Phase 2 – Security and Cash Payment - 22 All shall form part of this Agreement and time shall be of the essence with respect to items contained herein. 26. The Corporation shall be entitled to enforce the provisions of this agreement against the owner of the lands to which it applies, and subject to the provisions of the Land Titles Act against any and all subsequent owners of the lands. 27. The Owner or Subdivider may assign this Agreement only with the consent of the Corporation. 28. All parties hereto shall execute and deliver (or cause to be done, executed and delivered) all such further acts, documents and other assurances that may be reasonably required by the parties for the completion of the work contemplated by this Agreement. IN WITNESS WHEREOF, the Parties hereto have hereunto affixed their corporate seals, attested to by the hands of their proper officers in that behalf fully authorized. JO-LYNN PT. BURWELL INC. ____________________________ Witness Hugh MacNeil, President I am authorized to bind the corporation. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Ed Ketchabaw, Mayor Thomas Thayer, Clerk - 23 SCHEDULE “A” MacNeil Subdivision – Phase 2 Charles Court Subdivision Agreement Drawings Descriptions The following are the list of plans identified by drawing numbers and descriptions that are located in the municipal office. Drawing No. Description Date/Version 7-31-100 General Plan of Services - As Constructed - As Constructed Rev 10 11/08/10 7-31-101 Plan and Profile Elizabeth St. – Easements - As Constructed Check Rev 11 10/02/23 7-31-102 Plan and Profile Charles Court – William Court - As Constructed Check Rev 11 01/10/23 7-31-200 Lot Grading Plan - As Constructed Check Rev 11 02/10/23 7-31-400 Pre Development Plan - As Constructed Check Rev 10 02/10/23 7-31-401 Post Development Plan - As Constructed Check Rev 10 02/10/23 7-31-402 Storm Water Management Plan - As Constructed Check Rev 11 02/10/23 7-31-403 Landscaping Plan - As Constructed Check Rev 10 02/10/23 MacNeil Subdivision MacNeil Court & Charles Court ROADWORKS ESTIMATED TIME LIMIT FOR CONSTRUCTION 1) Supply and install remaing granular road base, concrete curb Phase 2 - Charles Court and gutter, base asphalt and electrical distibution system May-23 2) Sidewalk on one side of street, top course of asphalt Phase 1 - MacNeil Court Summer 2024 Phase 2 - Charles Court Summer 2024 Cathy Weatherall, P. Eng. SCHEDULE 'B' Estimated Time Limits 4/11/2023 Prepared By: Girard Engineering 1 MacNeil Subdivision MacNeil Court & Charles Court PHASE 1 - MACNEIL COURT & CHARLES COURT SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. A. ROADWORKS A1 Elizabeth Street a) Cut & restore asphalt and granulars LS 1.00 21,280.00$ 21,280.00$ 2,128.00$ -$ b) Re-grade roadside ditch LS 1.00 1,054.00$ 1,054.00$ -$ -$ c) Tree removal LS 1.00 3,300.00$ 3,300.00$ -$ -$ A2 MacNeil Court a) Granular 'B' roadbase - 450mm LS 1.00 17,840.00$ 17,840.00$ -$ -$ b) Granular 'A' roadbase - 150mm LS 1.00 6,600.00$ 6,600.00$ -$ -$ c) Curb and Gutter - OPSD 600.10 LS 1.00 9,020.00$ 9,020.00$ -$ -$ d) Base Asphalt - 50mm HL4 LS 1.00 16,280.00$ 16,280.00$ -$ -$ Total Part A. Roadworks 75,374.00$ 2,128.00$ -$ B. SANITARY SEWERS B1 MacNeil Court a) 200mm SDR 35 PVC pipe LS 1.00 6,084.00$ 6,084.00$ -$ -$ b) Manhole 3 LS 1.00 3,104.00$ 3,104.00$ -$ -$ c) Manhole 4 LS 1.00 3,360.00$ 3,360.00$ -$ -$ d) 125mm SDR 28 Sanitary services LS 1.00 12,070.00$ 12,070.00$ -$ -$ Total Part B. Sanitary Sewers 24,618.00$ -$ -$ C. STORM SEWERS C1 Elizabeth Street a) 250mm PVC pipe LS 1.00 4,562.80$ 4,562.80$ -$ -$ b) CB 0.1 LS 1.00 1,100.00$ 1,100.00$ -$ -$ c) CB 0.2 LS 1.00 1,200.00$ 1,200.00$ -$ -$ d) CB 0.3 LS 1.00 1,250.00$ 1,250.00$ -$ -$ e) Connect to ex. CB LS 1.00 45.00$ 45.00$ -$ -$ f) 50mm rigid insulation LS 1.00 660.00$ 660.00$ -$ -$ C2 MacNeil Court a) 300mm PVC pipe LS 1.00 5,073.00$ 5,073.00$ -$ -$ b) 300mm PVC pipe (CB Lead)LS 1.00 2,405.00$ 2,405.00$ -$ -$ c) 250mm PVC pipe (CB Lead)LS 1.00 1,360.00$ 1,360.00$ -$ -$ d) Double CB 2.0 LS 1.00 2,100.00$ 2,100.00$ -$ -$ e) Double CB 2.1 LS 1.00 2,100.00$ 2,100.00$ -$ -$ f) CB 1.0 LS 1.00 1,300.00$ 1,300.00$ -$ -$ g) CB 1.1 LS 1.00 1,250.00$ 1,250.00$ -$ -$ h) 50mm rigid insulation LS 1.00 2,112.00$ 2,112.00$ -$ -$ C3 Easements - Lot 16/17 a) 450mm PVC pipe LS 1.00 11,305.00$ 11,305.00$ -$ -$ b) 900mm x 900mm CBMH3 LS 1.00 3,200.00$ 3,200.00$ -$ -$ c) 1200mm MH1 LS 1.00 2,880.00$ 2,880.00$ -$ -$ d) OPSD 804.03 Headwall LS 1.00 3,300.00$ 3,300.00$ -$ -$ e) 50mm rigid insulation LS 1.00 1,056.00$ 1,056.00$ -$ -$ C4 Easements - RLCB4 4.1 / CBSTMH3 a) 450mm PVC pipe LS 1.00 3,904.00$ 3,904.00$ -$ -$ b) 300mm PVC pipe LS 1.00 6,375.00$ 6,375.00$ -$ -$ c) RLCB 4.1 LS 1.00 1,280.00$ 1,280.00$ -$ -$ e) 50mm rigid insulation LS 1.00 1,188.00$ 1,188.00$ -$ -$ SCHEDULE 'C' - Phase 1 Security and Cash Payment 1/9/2023 Prepared By: Girard Engineering 1 SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. C. STORM SEWERS CONTINUED C5 Storm Water Management Pond a) Strip Topsoil LS 1.00 504.00$ 504.00$ -$ -$ b) Excavation (Cut)LS 1.00 4,760.00$ 4,760.00$ -$ -$ c) Place Topsoil 30 cm depth LS 1.00 9,200.00$ 9,200.00$ -$ -$ d) Hydroseed LS 1.00 1,675.00$ 1,675.00$ -$ -$ e) Planting as per Landscape Plan LS 1.00 10,000.00$ 10,000.00$ -$ -$ f) Turf Reinforcement LS 1.00 3,150.00$ 3,150.00$ -$ -$ g) 150 mm Rip Rap (+ Filter Cloth) LS 1.00 816.00$ 816.00$ -$ -$ h) 900 mm CSP Outlet Structure LS 1.00 3,620.00$ 3,620.00$ -$ -$ i) OPSD 403.01 1200 x 600 DICB LS 1.00 2,303.00$ 2,303.00$ -$ -$ j) STC 750 StormCeptor LS 1.00 26,398.58$ 26,398.58$ -$ -$ k) 200 mm Pipe LS 1.00 770.00$ 770.00$ -$ -$ l) 150 mm Pipe LS 1.00 660.00$ 660.00$ -$ -$ m) 100 mm Pipe LS 1.00 760.00$ 760.00$ -$ -$ n) Connect to Existing CB LS 1.00 94.00$ 94.00$ -$ -$ o) 1.5 m high Board on Board Fence LS 1.00 8,905.00$ 8,905.00$ -$ -$ Total Part C. Storm Sewers 134,621.38$ -$ -$ D. WATERMAINS D1 Elizabeth Street a) 150 mm DR18 PVC Watermain LS 1.00 10,626.00$ 10,626.00$ -$ -$ b) 150x150x150 Tee LS 1.00 720.00$ 720.00$ -$ -$ c) 150x150x100 Tee LS 1.00 680.00$ 680.00$ -$ -$ d) 150 mm Gate Valve LS 1.00 3,620.00$ 3,620.00$ -$ -$ e) Fire Hydrant, lead & valve LS 1.00 8,900.00$ 8,900.00$ -$ -$ f) Connection to Existing Main LS 1.00 380.00$ 380.00$ -$ -$ D2 MacNeil Court a) 100 mm DR 18 PVC Pipe LS 1.00 3,808.00$ 3,808.00$ -$ -$ b) 50 mm HDPE Pipe LS 1.00 4,165.00$ 4,165.00$ -$ -$ c) 100 mm Gate Valve LS 1.00 1,630.00$ 1,630.00$ -$ -$ d) 100x100x50 Tee LS 1.00 460.00$ 460.00$ -$ -$ e) 50 mm Gate Valve LS 1.00 780.00$ 780.00$ -$ -$ f) 100 - 50 Reducer LS 1.00 620.00$ 620.00$ -$ -$ g) 50 mm Blowoff Assembly LS 1.00 710.00$ 710.00$ -$ -$ h) 20 mm Services (14 WSC's)LS 1.00 6,300.00$ 6,300.00$ -$ -$ D3 Charles Court a) 100 mm DR 18 PVC Pipe LS 1.00 $3,920.00 3,920.00$ -$ -$ b) 50 mm HDPE Pipe LS 1.00 $4,250.00 4,250.00$ -$ -$ c) 100 mm Gate Valve LS 1.00 $1,630.00 1,630.00$ -$ -$ d) 100x100x50 Tee LS 1.00 $460.00 460.00$ -$ -$ e) 50 mm Gate Valve LS 1.00 $780.00 780.00$ -$ -$ f) 100 - 50 Reducer LS 1.00 $620.00 620.00$ -$ -$ g) 50 mm Blowoff Assembly LS 1.00 $710.00 710.00$ -$ -$ h) 20 mm Services (14 WSC's)LS 1.00 $7,500.00 7,500.00$ -$ -$ Total Part D. Watermains 63,269.00$ -$ -$ E. SECONDARY SERVICES E1 MacNeil Court a) Surface Asphalt - 40 mm HL3 ($115.65/tonne)LS 1.00 $10,710.00 10,710.00$ -$ 10,710.00$ Updated 2022 Price - $135/Tonne 1,792.35$ b) Sidewalk - 1.5 m (92.25m@$89.90m)LS 1.00 $8,294.00 8,294.00$ -$ 8,294.00$ Updated 2022 Price - $125m 3,237.25$ c) Driveway Ramps (14 @ $500 ea)LS 1.00 $7,000.00 7,000.00$ -$ 7,000.00$ Updated 2022 price - $600 ea 1,400.00$ d) Blvd Topsoil & Sod ($350/lot)LS 1.00 $4,900.00 4,900.00$ -$ 4,900.00$ Updated 2022 price - $600/lot 3,500.00$ e) Blvd Trees LS 1.00 $2,100.00 2,100.00$ -$ 2,100.00$ Updated 2022 price - $300 ea 2,100.00$ f) Base Asphalt repairs LS 1.00 $6,500.00 6,500.00$ -$ 6,500.00$ Total Part E. Secondary Services 39,504.00$ -$ 51,533.60$ 1/9/2023 Prepared By: Girard Engineering 2 SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. F. STREET LIGHTING a) Street lighting and Wiring LS 1.00 $5,000.00 5,000.00$ -$ -$ Total Part F. Street lighting 5,000.00$ -$ -$ G. MISCELLANEOUS ITEMS G1 Earthmoving a) Topsoil Stripping LS 1.00 $7,701.20 7,701.20$ -$ -$ b) Cut Material LS 1.00 $12,100.00 12,100.00$ -$ -$ c) Engineered Fill (98% SPD) LS 1.00 $3,620.00 3,620.00$ -$ -$ G2 Miscellaneous a) Construction Layout LS 1.00 $5,250.00 5,250.00$ -$ -$ b) Insurance LS 1.00 $500.00 500.00$ -$ -$ c)Test & Chloinate Watermain LS 1.00 $1,000.00 1,000.00$ -$ -$ d) Flush & Video Storm and Sanitary Sewers LS 1.00 $1,235.00 1,235.00$ -$ -$ Total Part G. Miscellaneous Items 31,406.20$ -$ -$ H. SUMMARY FOR PHASE 1 CONSTRUCTION Part A - Roadworks 75,374.00$ 2,128.00$ -$ Part B - Sanitary Sewers 24,618.00$ -$ -$ Part C - Storm Sewers 134,621.38$ -$ -$ Part D - Watermain 63,269.00$ -$ -$ Part E - Secondary Services 39,504.00$ -$ 51,533.60$ Part F - Streetlighting 5,000.00$ -$ -$ Part G - Miscellaneous Items 31,406.20$ -$ -$ Sub-Total 373,792.58$ 2,128.00$ 51,533.60$ HST (Less Rebarte - 1.76%)374.53$ 9,069.91$ Totals 1,753.47$ 42,463.69$ Total Performance + Maintenance Security Required 44,217.16$ Cathy Weatherall, P. Eng. 1/9/2023 Prepared By: Girard Engineering 3 MacNeil Subdivision MacNeil Court & Charles Court PHASE 2 - CHARLES COURT SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. A. ROADWORKS A1 Charles Court a) Remove existing contaminated Granular 'B' m3 100.00 65.00$ 6,500.00$ -$ 6,500.00$ (Remove top 50-75mm+ex. laneway) b) Granular 'B' Roadbase Tonne 540.00 15.00$ 8,100.00$ -$ 8,100.00$ c) Granular 'A' Roadbase - 150mm x 998m2 Tonne 400.00 17.00$ 6,800.00$ -$ 6,800.00$ d) Curb & Gutter - OPSD 600.10 m 177.00 45.00$ 7,965.00$ -$ 7,965.00$ e) HL4 Base Asphalt - 50mm x 932m2 Tonne 116.50 110.00$ 12,815.00$ -$ 12,815.00$ f) HL8 Surface Asphalt - 40mm x 932m2 Tonne 93.20 125.00$ 11,650.00$ -$ 11,650.00$ g) Sidewalk - 1.5m wide m 140.85 $40.00 5,634.00$ -$ 5,634.00$ h) Driveway Ramps EA 14.00 $600.00 8,400.00$ -$ 8,400.00$ i) Blvd Topsoil & Sod EA 14.00 $900.00 12,600.00$ -$ 12,600.00$ j) Blvd Trees EA 14.00 $300.00 4,200.00$ -$ 4,200.00$ Total Part I. Roadwork 84,664.00$ -$ 84,664.00$ SECURITIES Item Description Unit Quantity Unit Price Total Cost 10% Maint. 100% Perf. B. STREET LIGHTING a) Street lighting and Wiring LS 1.00 $10,000.00 10,000.00$ -$ 10,000.00$ b) Bore across Elizabeth Street LS 1.00 $5,000.00 5,000.00$ -$ 5,000.00$ Total Part J. Street lighting 10,000.00$ -$ 15,000.00$ C. SUMMARY FOR PHASE 2 CONSTRUCTION Part A- Roadworks 84,664.00$ -$ 84,664.00$ Part B - Street Lighting 10,000.00$ -$ 15,000.00$ Sub-Total Phase 2 94,664.00$ -$ 99,664.00$ HST (Less Rebarte - 1.76%)-$ 17,540.86$ Totals -$ 82,123.14$ Total Performance + Maintenance Security Required 82,123.14$ Cathy Weatherall, P. Eng. SCHEDULE 'C' - Phase 2 Security and Cash Payment 1/9/2023 Prepared By: Girard Engineering 4 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-055 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD JUNE 15, 2023 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the Council meeting held June 15, 2023 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE 2023. ____________________________ _____________________________ MAYOR CLERK