HomeMy WebLinkAboutBy-law No. 2023-054THE 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 15t" DAY OF
JUNE, 2023.
-2
Schedule "A" to By -Law No. 2023-054
THIS SUBDIVISION AGREEMENT made in duplicate this 15t" day of June 2023.
BETWEEN:
AN D:
JO-LYNN PT. BURWELL INC.
Hereinafter called the "OWNER OR SUBDIVIDER"
OF THE FIRST PART
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 11 R4369, 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:
I. 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.
_ 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.
, 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.
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;
t4
(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
-C,
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.
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.
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.
. 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.
8. 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.
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:
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.
{r;1 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.
{cl) 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.
t.; 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 LIGHTIN
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
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
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
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
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.
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.
(f1 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.
(i i) 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.
Q) 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.
(1) 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
M
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
(o)
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.
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
(q)
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.
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
(t)
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.
. 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.
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.
263. 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.
2T 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.
F
Witness
JO-LYNN T. BURWELL INC.
#pug cNeil, Vresident
I am authorized to bind the corporation.
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Ed Ket�w, Mayor
as 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
1) Supply and install remaing granular road base, concrete curb
and gutter, base asphalt and electrical distibution system
2) Sidewalk on one side of street, top course of asphalt
SCHEDULE 'B'
Estimated Time Limits
ESTIMATED TIME LIMIT fOR CONSTRUCTION
Phase 2 - Charles Court
May-23
Phase 1 - MacNeil Court
Summer 2024
Phase 2 - Charles Court
Summer 202A
Cathy Weathemll, F. Eng.
tS�FEs;2
a l40165}29
4/11/2023
Prepared By: Girard Engineering
MacNeil Subdivision
MacNeil Court & Charles Court
SCHEDULE'C' - Phase 1
Security and Cash Payment
PHASE 1 - MACNEIL COURT & CHARLES COURT
SECURITIES
Hent DescliphYon [loll Q�olily VollPriea Total Cost 10%Maint. 100%Pert.
A. ROADWORKS
Al Elizabeth Street
a) Cut & restore asphalt and granulars LS 1,01) S 21,280.00 S 21,280.00 S 2,128.00 $
b) Re -grade roadside ditch LS 1 OD S 1,054.00 S 1,054.00 5 - 5
c) Tree removal LS 1I.0D S 3,300.00 5 3,300.00 1 - $
A2 MacNeil Court
a) Granular'B' roadbase - 450mm
LS 1.00
$ 17,840.00
S 17,840.00-
b) Grauular'A' roadbase - 150mm
LS 1.00
6,600.00
S 6,600.00
3 - S -
c) Curb and Gutter - OPSD 600.10
LS !.UD
S 9,020.00
S 9,020.00
3 5
d) Base Asphalt - 50mm H14
LS I.00
16,280.00
S 16,280.00
3 5
Total Part A. Roadworks
# 75,374.00
S 2,128.00 $
B. SANITARY SEWERS
Bl MacNeil Court
a) 200mm SDR 35 PVC pips
LS 1.00
1 6,084.00
1 6,084.00
S S -
b) Manhole 3
LS J.10
$ 3,104.00
5 3,104.00
S - S
c) Manhole 4
LS LIV
3 3,360.00
S 3,360.00
S $
d) 125mm SDR 28 Sanitary services
LS 1 AO
S 12,070.00
S 12,070.00
S 5 -
Total Part B. Sanitms Scwm
S 24,618.00
$ .I
C. STORM SEWERS
Cl Elizabeth Street
a) 250mmPVCpipe
LS
1.00
S
4,562.80
5 4,562.80
5 S
b) CB 0.1
LS
1.00
$
1,100.D0
f 1,100.00
5 S
c) CB 0.2
LS
1.00
$
1,200.00
5 1,200.00
S 3
d) CB 0.3
LS
1.00
$
1,Z50.00
f 1,250.00
S $ -
e) Connect to ex. CB
LS
1.00
S
45.00
fi 45.00
$ S
f) 50mm rigid insulation
LS
1.00
S
660.00
S 660.00
5 S -
C2 MacNeil Court
a) 300mm PVC pipe
LS
1.00
5
5,073.00
S 5,073.00
S $
b) 300mm PVC pipe (CB Lead)
LS
1.00
S
2.405.00
S 2,405.00
S 6
c) 250mm PVC pipe (CB Lead)
LS
1.00
S
1,360.00
S 1,360.00
5 - 5
d) Double CB 2.0
LS
1.00
5
2,100.00
S 2,100.00
f $ -
e) Double CB 2.1
LS
1.00
£
2,1DO.00
S 2,100.00
1 5
f) CB 1.0
LS
1.00
5
1,300.00
5 1,300.00
S 5
g) CB 1.1
LS
1.00
$
1,250.00
S 1,250.00
5 8
h) SOntm rigid insulation
LS
L00
$
2,112.00
S 2,112.00
f 5
C3 Easements - Lot 16/17
a) 450mm PVC pipe
LS
1.913
S
11,305.00
S 11,305.00
5 $
b) 900mm x 900mm CBMH3
LS
1-W
$
3,200.00
S 3,200.00
$
c) 1200mm MHl
LS
LjDfI
S
2,880.00
S 2,880.00
€ 3
d) OPSD 804.03 Headwall
LS
I AP
#
3,300.00
S 3,300.00
5 $
e) 50mm rigid insulation
LS
I AV
S
1,056.00
S L056.00
S 3
C4 Easements - RLCB4 4.11 CBSTMH3
a) 450mm PVC pipe
LS
;.w
$
3,904.00
S 3,904.00
$ 1
b) 300mm PVC pipe
IS
101
S
6,375.00
S 6,375.00
5 #
(t) RLCB 4.1
LS
1.00
S
1,280.00
S 1,280.00
S $
e) 50mm rigid insulation
LS
LD0
$
1,1,3&00
3 1,188.00
S S
1/9/2023
Prepared By. Girard Engineering I
s�culul'I�s
Item Descnpttou U011 Quo-3It4 IanllPriec TowlCasl 10%Maint. 100%Pert.
C. STORM SEWERS CONTINURD
C5 Storm Water Management Pond
a) Strip Topsoil
LS
1.00
504.00
3
504.00
S S
b) Excavation (Cut)
LS
1.00
$.
4,760.00
5
4,760.00
S S -
c) Place Topsoil 30 cm depth
LS
1.00
9,200.00
S
9,200.00
S T
d) Hydroseed
LS
1.00
S
1,675.00
$
1,675.00
S $
e) Planting as per Landscape Plan
LS
1.00
S
10,000.00
S
10,000.00
5 S
f) Turf Reinforcement
LS
1.00
S
3,150.00
S
3,150.00
S S -
g) 150 torn Rip Rap (+ Filter Cloth)
LS
1.00
3
916.00
S
816.00
S S
h) 900 mm CSP Outset Structure
LS
1.00
$
3,620.00
$
3,620.00-
i) OPSD 403.01 1200 x 600 DICB
LS
1.00
5
2,303.00
S
2,303.00
S S
j) STC 750 StormCeptor
LS
1.00
S
26,398.58
S
25,398-58
S S
k) 200 tom Pipe
LS
1.00
$
770.00
3
770.00
$ $ -
t) 150 nun Pipe
LS
1.00
S
660.00
3
660.00
m) 100 torn Pipe
LS
1.00
5
760.00
5
760.W
S $
n) Connect to Existing GB
LS
1.00
5
94.00
S
94.00
S
o) 1.5 m high Board on Board Fence
LS
1.00
S
8,905.OD
S
8,905.00
S 5
Total Part C. Storm Sewers
S
134,621.38
1�
D. WATERNLUNS
DI Elizabeth Street
a) 150 torn DR18 PVC Watermain
LS
1.00
5
10,626.00
l 10,626.00
S S
b) 150xl50x150 Tee
LS
1.00
S
720.00
S 720.00
c) 150xl50x100 Tee
LS
1.00
S
680.00
S 680.00
1 - $ -
d) 150 mm Gate Valve
LS
1.00
S
3,620.00
b 3,620.00
S 3
e) Fire Hydrant, lead & valve
LS
1.00
$
S,900,90
8,900.00
5 S
f) Connection to Existing Main
LS
1.00
S
380,00
S 380.00
S 5 -
D2 MacNeil Court
a) 100 torn DR 18 PVC Pipe
LS
1.00
$
3,80S.00
$ 3,808.00
$ S
b) 50 nun HDPE Pipe
LS
1.00
$
4,165.00
4,165.00
S #
c) 100 mm Gate Valve
LS
1.00
S
1,630.00
S 1,630.00
S 5
d) 100x100x50 Tee
LS
1.00
$
460.00
S 460.00
1 1
e) 50 mm Gate Valve
LS
1.00
$
780.00
S 780.00
�+ 3
f) 100 - 50 Reducer
LS
1.00
S
620.00
5 620.00
g) 50 mm Blowoff Assembly
LS
1.00
S
710.00
S 710-OD
S - 5
h) 20 tom Services (14 WSC's)
LS
1.00
$
6,300.00
S 6,300.00
S 3
D3 Charles Court
a) 100 mm DR 18 PVC Pipe
LS
1.00
$3,920-DO
3,920.00
5 - $ -
b) 50 tom HDPE Pipe
LS
1.00
$4,250.00
S 4,250.00
& - 3
c) 100 mm Gate Valve
LS
LOU
$1,630.00
S 1,630.00
S 1
d) 100x100x50 Tee
LS
1.00
S460.00
S 460.00
S - S -
e) 50 torn Gate Valve
LS
1.00
S780.0D
S 780.00
S - S -
f) 100 - 50 Reducer
LS
1.00
S61O.00
5 620.00
5 3
g) 50 mm Blowoff Assembly
I S
LOU
$710.00
3 710.00
S
h) 20 torn Services (14 WSC's)
LS
1.00
$7,500.00
S 7,500.00
$
Total Part D. Watermains
S 63,269.00
$ - $
E. SECONDARY SERVICES
El MacNeil Court
a) Surface Asphalt • 40 mm HL3 ($115.650onne)
SIN
1.00
$10,710.00
$ 10,710.00
S 3
10,710.00
Updated 2022 Price - $135JTonne
3
1,792.35
b) Sidewalk - 1.5 in (92.25m@S89.90m)
GS
LAD
$8,294.00
$ 8,294.00
S S
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
S S
7,000.00
Updated 2022 price - $600 ea
5
1,400.00
d) Blvd Topsoil & Sod ($350/lot)
LS
1.00
$4,900.00
S 4,900.00
$ - S
4,900,00
Updated 2022 price - S600/1ot
S
3,500.00
e) Blvd Trees
1.S
i.00
$2,100.00
$ 2,100.00
3 S
2,100.00
Updated W22price -$300 ea
5
2,.100.00
f) Base Asphalt repairs
L5
1.00
S6,500.00
$ 6,500.00
S $
6,500.00
otal Part E. Secondary Services
$ 39,504.00
$ 3
5151IL1
1/9/2023
Prepared By: Girard Engineering 2
SECURITIES
Ilem Uesenpttoa 21ni1 QttaMMY UnilPrise Toil Cass 10%Maint. 100%Perf. 1
F. STREET LIGHTING
a) Street fighting and Wiring 1 c 1.00 $5,000.00 $ 5,000.00 $
Total Part F. Street M0114kig3 i100 l7Q S -
G. NIISCELLANEOUS ITEMS
Gl Harthmoving
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`Y SPD)
LS
1.00
$3,620,00
$
3,620.00
$
G2 Miscellaneous
a) Construction Layout
LS
1.111}
$5,250.00
$
5,250.00
$ S
b)Insurance
LS
1.%
$500.00
$
500.00
$ S -
c) Test & Chlomate Watermain
LS
I.DD
$1,000.00
$
1,000.00
$ 3 -
d) Flush & Video Storm and Sanitary Sewers
LS
1,40
$1,235.00
$
1,235.00
$ $
Total Part G. Miscellaneous Items
$
11,405,2G
$ $
II. SUMMARY FOR PHASE 1 CONSTRUCTION
Part A - Roadworks
5
75,374.00
$
112&M
5
Part B - Sanitary Sewers
S
24,618.00
$
-
S -
Part C - Storm Sewers
5
134,621.38
$
S
Part D - Watermain
63,269.00
$
$
Part E - Secondary Services
5
39,504.00
$
$ 51,533.60
Part F - Streetlighting
S
5,000.00
$
S -
Part G - Miscellaneous Items
S
31,406.20
$
S -
Sub -Total
3
373,792.58
$
2,128.00
$ 51,533.60
HST (Less Rebarte - 1.76%)
3
374.53
$ 9,069.91
Totals
1
1,753-47
$ 42,463.69
Total Performance + Maintenance Security Required
$ 44 277.16
Cathy Weatherall, P. Eng.
V9/2o23
Prepared By; Girard Engineering $
MacNeil Subdivision
MacNeil Court & Charle9 Court
SCHEDULE'C' - Phase 2
Security and Cash Payment
PHASE 2 - CIIARLES COURT
SECURITIES
1lEwt LlewAptlatt LIn1[ Qtumitty Unit Price Total Cost 110%m Maint. 100%Perf.
A. ROADWORKS
Al Charles Court
a) Remove existing contaminated Granular'B'
m3
100.00
5 65.00
3 6,500.00
S S
6,500.00
(Remove top 50-75mm+ex, laneway)
b) Granulnr'B' Roadbase
Tonne
540.00
S 15.00
$ 8,100.00
S
8,100.00
c) Granular'A' Roadbase - 150mm x 998m2
Tonne
400.00
5 17.00
5 6,800.00
5 - S
6,800.00
d) Curb & Gutter - OPSD 600.10
m
177.00
1 45.00
S 7,965.00
5 3
7,965.00
e) HEA Base Asphalt - 50mm x 932m2
Tonne
116.50
$ 110.00
S 12,815.00
S S
12,815.00
1) HL8 Surface Asphalt - 40mm x 932m2
Tonne
93.20
$ 125.00
$ 11,650.00
$ - 3
11,650.00
g) Sidewalk - 1.5m wide
m
140.85
$40.00
S 5,634.00
5 5
5,634.00
h) Driveway Ramps
EA
14.00
$600.00
S 8,400.00
S 6
8,400.00
i) Blvd Topsoil & Sod
EA
14.00
$900.00
S 12,600.00
S S
12,600.00
j) Blvd Trees
EA
14.00
$300.00
S 4,200.00
$ 5
4,200.00
TWal Pmt I. Rbadwork
9 84,664.00
L - $
84 66I,{74
SECURITIES
llem Dearriplilro
["nit
Iluall lit
I1nitPfce
'rnyl[Sntl
10%Maint.
100%Perf.
B. STREET LIGHTING
a) Street lighting and Wiring 1 1.00 $10,000.00 8 10,000.00 . 10,000.00
b) Bore across Elizabeth Street 1 1 .00 $5,000.00 S 5,000.00 c > 5,000.00
Totall?WJ•&ettIiId�Link $ IB, K00 $ - $ 15,000.00
C. SUMMARY FOR PIIASE 2 CONSTRUCTION
Part A- Roadworks
Part B - Street Lighting
k 84,664.00 S 8 84,664.00
S 10,000.00 5 - 5 15,000.00
Sub -Total Phase 2 S 94,664.00 $ - $ 99,664.00
HST (Less Rebarte-1.76%) $ - $ 17,540.86
TiNa1.1 $ - $ 82,123.14
Total Performance + Maintenance Security j!e lml." i 82,123,14
Cathy Weatherall, P. Eng.
QppFgSBJ �
y c.rr.wa i€V&LjL
a IOOIb5b24
a p
r
1/9/2023
Prepared By: Girard Engineering