2014-127 Horseshoe Craighurst Master Plan Funding AgreementThe Corporation of the Township of Oro - Medonte
By -Law No. 2014 -127
Horseshoe Craighurst Corrider
Master Plan Funding Agreement By -Law
Being a By -law of The Corporation of the Township of Oro - Medonte to
authorize an agreement with Craighurst Land Corporation, Horseshoe Valley
Lands Limited, Fred Grant Square Ltd. and Kellwatt Limited, Skyline
Horseshoe Valley Inc., and Horseshoe Craighurst Corridor Landowners Group
Inc. with respect to the Horseshoe Craighurst Corridor Master Plan Funding
Agreement (the "Agreement ").
Whereas Part II of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides
that the Council of a local municipality has broad authority over Highways,
Transportation Systems, Public Utilities, Drainage and Flood Control, has the power
of a natural person in exercising such authority, and may pass by -laws regarding
the same;
And Whereas Craighurst Land Corporation (hereinafter referred to as "CLC "),
Horseshoe Valley Lands Limited (hereinafter referred to as "HVL "), Fred Grant
Square Ltd. and Kellwatt Limited (hereinafter collectively referred to as "Kellwatt "),
and Skyline Horseshoe Valley Inc. (hereinafter referred to as "Skyline ")
(collectively, the "Owners ") and Horseshoe Craighurst Corridor Landowners Group
Inc. (hereinafter referred to as the "Trustee ") are each corporations incorporated
pursuant to the laws of the Province of Ontario;
And Whereas the Owners are the owners of the land located within the geographic
area of the Township of Oro- Medonte (the "Township ");
And Whereas the Township, through its Council, has authorized (or intends to
authorize) the initiation of a Class Environmental Assessment Study pursuant to the
requirements of Phases 1 to 4 Municipal Engineers Association Class
Environmental Assessment for Municipal Projects, 2007 as amended in 2011 (the
"Municipal Class EX);
And Whereas Phases 1 and 2 of the Municipal Class EA entail the completion of a
"Master Plan" which, in the current context, will be called the Horseshoe Craighurst
Corridor Water, Wastewater and Transportation Master Plan;
And Whereas the projects to be recommended as a result of the completion of the
Master Plan will benefit lands in the geographic area of the Township including, but
not limited to, lands described in the Township's Official Plan as the Craighurst
Secondary Plan area and the Horseshoe Valley Development node (the
"Benefitting Area ");
And Whereas the Owners wish to fund the costs associated with independent
consulting and legal firms retained by the Owners to complete the Master Plan and
any work related thereto as well as the costs to prepare and administer the
Agreement, in accordance with the terms of the Agreement;
And Whereas the Owners and the Township wish to confirm the manner in which
the Owners will participate in the process of the Master Plan, as provided for in the
Agreement;
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Now Therefore, the Council of The Corporation of the Township of Oro -
Medonte hereby enacts as follows:
The Township is authorized to enter into an agreement pursuant to Part II of
the Municipal Act, 2001 with the Owners and the Trustee for the provision of
a Master Plan as described above, in substantially the form and substance
as set out in Schedule "A" to this by -law and as approved by the Township's
Chief Administrative Officer (the "Agreement ").
2. That the Mayor and Clerk be authorized to execute the Agreement as
approved by the Chief Administrative Officer.
3. That the Township shall be authorized to take such additional actions and
execute such additional documents in furtherance of the requirements and
authorities set out in the Agreement.
4. This by -law shall come into force on the day that this by -law is enacted.
By -Law Read a First, Second and Third time, and Passed this 12th day of
November, 2014.
The Corporation of the Township of Oro - Medonte
HORSESHOE CRAIGHURST CORRIDOR
MASTER PLAN
FUNDING AGREEMENT
THIS AGREEMENT is made this 7th day of October, 2014. .
BETWEEN:
THE CORPORATION OF
THE TOWNSHIP OF ORO- MEDONTE
(hereinafter referred to as the "Township")
and
CRAIGHURST LAND CORPORATION
(hereinafter referred to as "CLC ")
and
HORSESHOE VALLEY LANDS LIMITED
(hereinafter referred to "HVL ")
and
FRED GRANT SQUARE LTD. and
KELLWATT LIMITED
(hereinafter collectively referred to as "Kellwatt ")
-- and
SKYLINE HORSESHOE VALLEY INC.
(hereinafter referred to as "Skyline ")
and
HORSESHOE CRAIGHURST CORRIDOR
LANDOWNERS GROUP INC.
(hereinafter referred to as the "Trustee ")
RECITALS:
A. CLC, HVL, Kellwatt and Skyline (collectively, the "Owners ") and the Trustee
are each corporations incorporated pursuant to the laws of the Province of
Ontario.
B. The Owners are the owners of the land located within the geographic area of
the Township of Oro - Medonte legally described in Schedule "A ".
C. The Township, through its Council, has authorized (or intends to authorize)
the initiation of a Class Environmental Assessment. Study pursuant to the
requirements of Phase 1 to 4 Municipal Engineers Association Class
Environmental Assessment for Municipal Projects, 2001 as amended in 2011
(the "Municipal Class EA ") for lands including, but not limited to, those lands
described in the Township's Official Plan as the Craighurst Secondary Plan
Area and the Horseshoe Valley Development Node (the "Study Area ").
D. Phases 1 and 2 of the Municipal Class EA entail the completion of a "Master
Plan" which, in the current context, will be called the Horseshoe Craighurst
Corridor Water, Wastewater and Transportation Master Plan (the "Master
Plan "), and the Master Plan will be prepared in accordance with the Municipal
Class EA process pursuant to the terms of a consulting services contract to
be entered into by the Trustee (on behalf of the Owners) and the Consultant.
E. The projects to be recommended as a result of the completion of the Master
Plan will benefit certain lands within or possibly external to the Study Area
(the "Benefitting Lands ").
F. The Owners wish to fund the costs associated with independent consulting
and legal firms retained by the Owners to complete the Master Plan and any
work related thereto as well as the costs to prepare and administer this
Agreement, in accordance with the terms of this Agreement.
G. The Owners wish to front -end the Master Plan Costs for the benefit of other
owners Benefitting Lands (the "Non - Participating Benefitting Owners "), and,
pursuant to this Agreement, the Owners wish to distribute and charge out and
recover the relevant costs, on the basis herein contemplated, to the land of
any other Non- Participating Benefitting Owner who is not participating in this
Agreement.
.H. The Owners and the Township wish to confirm the manner in which the
Owners will participate in the process of the Master Plan, as provided for in
this Agreement.
I. The Township is authorized to execute this Agreement through the
enactment of By -law No. by the Township's Council on
NOW THEREFORE THIS .AGREEMENT WITNESSES that in consideration of the
sum of ten dollars ($10.00) of lawful money of Canada now paid by each of the
parties hereto to each.of the other parties and in consideration of the covenants and
agreements herein contained, the receipt and sufficiency of which are ` hereby
acknowledged, the parties covenant and agree as follows.
ARTICLE 1
DEFINITIONS
1.1 Definitions - In this Agreement, the following terms and expressions shall
have the following meanings:
(a) "Agreement" means this agreement and all Schedules attached
hereto, as same may be amended from time to time.
(b) " Benefitting Lands" has the meaning described in Recital E,
subject to adjustment as 'determined by the Owners and the
Township.
(c) "Business Day" means a day other than Saturday or Sunday or
any day upon which the principal commercial banks in the
geographic area of the Township are not open for business during
normal banking hours.
(d) "Consultant" means, collectively, Cole Engineering Group Ltd.
and Greenland Consulting Engineers, or such replacement firm(s),
as may be appointed by the Owners and agreed to by the
Township from time to time.
(e) "Development Charges Act" means the Development Charges
Act, 1997, S.O. 1997, c. 27, as amended, revised. or consolidated
from time to time and any successor legislation.
(f) "Development Charges By -law" means a by -law to impose
development charges pursuant to Section 2(1) of the
Development Charges Act.
(g) "Environmental Assessment Act" means the Environmental
Assessment Act, R.S.O. 1990, c. E. 18.
(h) "Estimated Master Plan Costs" means the total estimated costs
of the Master Plan Costs, as approved by the Owners and set out
for reference in Schedule "D ", and as may be amended from time
to time based on actual costs incurred prior to the confirmation of
the Final Master Plan Costs, as confirmed by the Owners and the
Trustee. It is acknowledged that the Estimated Master Plan Costs
as approved by the Owners and set out in Schedule "D" reflect the
Consultant's estimate of the costs of the Master Plan inclusive of
all supplemental aspects of the Terms of Reference as described
in subsection (s).
(i) "Final Master Plan Costs" means the total actual costs of the
Master Plan Costs as confirmed by the Owners and the Trustee in
accordance with this Agreement.
(j) "Master Plan" means the Horseshoe Craighurst Corridor Water,
Wastewater and Transportation Master Plan as described in this
Agreement.
(k) "Master Plan Costs" means the actual costs (less recoverable
Harmonized Sales Tax (HST)) incurred by the Owners in respect
of:
(i) the Consultant, and any other independent consulting firms
retained by the Owners to complete the Master Plan and
any associated work related thereto;
(ii) the Trustee, to prepare and administer this Agreement,
and to otherwise fulfil its duties pursuant to Article 11 or
otherwise as instructed by the Owners; and
.(iii) any costs payable to the Township in respect of Sections
10.4 or 10.5, if any.
For greater clarity, no independent consulting or legal costs
-- incurred by the Township shall be payable by the Owners except
for costs described in Sections 10.4 or 10.5, if any.
_ (1) "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c.
25, as amended, revised or consolidated from time to time and
any successor legislation.
(m) "Non- Participating Benefitting Owner" has the meaning set out
in Recital: G and refers to any landowner determined by the
Trustee to be a "Non- Participating Benefitting Owner ".
(n) "Owner" means CLC, HVL, Kellwatt or Skyline, or any of their
successors or assigns, or any Non - Participating Benefitting Owner
who becomes a party to this Agreement as an Added Party in
accordance with Section 8.3.
(o) "Owners' Lands" means those lands owned by the Owners
described in Schedule "A ", and "Owner's Lands" means any such
lands owned by an individual Owner.
(p) "Planning Act" means the Planning Act, R.S.O. 1990, c. P. 13,
as amended, revised or consolidated from time to time and any
successor legislation.
(q) "Proportionate Share" in respect of each Owner is a fraction, the
numerator of which is the gross acreage of such Owner's Lands
which are Benefitting Lands, and the denominator of which is the
gross acreage of all Owners' Lands which are Benefitting Lands.
(r) "Study Area" has the meaning described in Recital C, as
depicted on a preliminary basis as the lands shown outlined in
blue on Schedule "B ", and subject to adjustment as determined by
the Consultant.
(s) "Terms of Reference" means the terms of reference for the
Master Plan attached hereto as Schedule "C" and supplemented
by additional verbal requests by the Owners for information and
study related to a Master Drainage Plan, First Nations
consultation, land use planning and population projections, fluvial
r.
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geomorphology, 2014 localized field work involving in- stream
testing and additional key agencies being included in the Master
Plan Project Team.
(t) "Trustee" means Horseshoe Craighurst Corridor Landowners
Group Inc., or such other person or firm appointed by the Owners
as Trustee as provided in this Agreement.
ARTICLE 2
PRINCIPLES
2.1 Principles The Township and the Owners agree that the following
constitute the principles which govern the interpretation, application and
administration of this Agreement:
(a) the Trustee, on behalf, of the Owners, will enter into a consulting
services contract to retain the Consultant to prepare the Master
Plan in accordance with this Agreement;
(b) the Owners and the Township will provide input to the Consultant
and participate in the preparation of the Master Plan in
accordance with the process described in the Terms of Reference
(inclusive of all supplemental aspects of the Terms of Reference
as'described in Section 1.1(s));
(c) the Owners will fund the Master Plan Costs in their respective
Proportionate Shares; -
(d) the Owners have retained the Trustee to act on their behalf for
purposes of calling for funds that are owing and administering
payment of the Master Plan Costs in accordance with this
Agreement;
(e) the Township will seek future contributions to the Master Plan
Costs from Non- Participating Benefitting Owners who benefit from
the Master Plan as a condition of the development of such Non-
Participating Benefitting Owners' lands;
(f) if the Master Plan Costs, or any portion of them, are included in a
future Development Charges By -law, the Township will recognize
the payments made by the Owners pursuant to this Agreement in
a future development charge credit or early payment agreement
provided same is authorized pursuant to the Development
Charges Act;
(g) each Owner will be released from all obligations pursuant to this
Agreement upon the completion of the Master Plan, and the
Trustee confirming that the Final Master Plan Costs have been
fully paid;
(h) any consent or approval required or permitted under this
Agreement shall be sought and considered reasonably, in good
faith and in a timely. basis; and
(i) the Township has entered into this Agreement based on the
representations of the Owners that they will fund the Master Plan
Costs.
ARTICLE 3
MASTER PLAN PROCESS
3.1 Retainer of Consultant and Timeframe — It is acknowledged that the
Trustee shall enter into a consulting services contract with the Consultant on
behalf of the Owners, and that the retainer of the Consultant shall require the
Consultant to fulfill all functions required to complete the Master Plan in
accordance with this Agreement and pursuant to the terms of the said
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consulting services contract. The parties will use best efforts to ensure that
the Master Plan is completed expeditiously.
3.2 Sub - consultants It is acknowledged that additional independent, qualified
consultants will be engaged by the Owners through the Consultant to provide
services for the preparation of the Master Plan and associated work related
thereto. The fees of such sub- consultants (as approved by the Owners) will
be included as Master Plan Costs pursuant to this Agreement.
3.3 Preparation of Master. Plan — The parties acknowledge and agree that:
(a) the preparation of the Master Plan will proceed in accordance with
the process described in the Terms of Reference (inclusive of all
supplemental aspects of the Terms of Reference as described in
Section 1.1(s)), which will include the creation of a "Project Team ",
which will:
(i) be chaired by the Consultant and include, but not
necessarily be limited to, a representative of each Owner,
the Township's Director of Transportation & Environmental
Service, and an independent consultant retained by the
Township;
(ii) confer regularly during the Master Plan process; and
(iii) provide direction related to the Master Plan, secure input
from the Owners and the Township, be a sounding board
for ideas, review all technical input, and oversee the
schedule of the project;
(b) the Owners and the Township are encouraged to provide the
Consultant with any and all relevant background. studies that may
be in their possession, and will provide the Consultant with all
relevant information requested by the Consultant in as timely a
manner as is reasonably possible; and
(c) the Consultant will provide leadership to ensure that the Master
Plan process adheres to the applicable consultation and
notification requirements in order to satisfy the requirements of the
Municipal Class EA.
3.4 Reporting from Consultant — In addition to all tasks required of the
Consultant in the preparation of the Master Plan, the Trustee will use best
efforts to ensure that the Consultant provides to. the Trustee on a monthly
basis, no later than the 1.5th of the following month, a summary of the
invoicing by the Consultant and any sub - consultants for the Master Plan
completed during the previous month. The summary shall include an update
on the confirmation of any Final Master. Plan Costs as compared to the
Estimated Master Plan Costs, and shall also include a summary of any
additional scope or work items identified and estimated costs relating to
same. The Trustee shall further seek from the Consultant that, upon the
completion of the Master Plan, the Consultant shall, within 30 days, provide
the Trustee with a final statement of costs confirming the Final Master Plan
Costs.
ARTICLE 4
CONTRIBUTIONS AND ADMINISTRATION
4.1 Costs shared on Proportionate Share basis — Each Owner covenants and
agrees to pay, in accordance with the provisions of this Agreement, its
Proportionate Share of the Master Plan Costs. Unless otherwise specified in
this Agreement, the Owners shall share all Master Plan Costs in accordance
with their respective Proportionate Shares as shown in Schedule "E ". It is
acknowledged that the information included in Schedule "E" is based upon
the best information available as of the date of this Agreement. However, it is
r intended that all details in Schedule "E" shall be subject to variation,
r,
5
r
i
consistent with the principles contained in this Agreement, as exact data
becomes available to the Trustee. All such variances shall be made as
required by the Trustee, acting reasonably, and shall be effective without
amendment to this Agreement. However, any proposed amendment to the
methodology to be followed in the calculation of the Owners' Proportionate
Shares shall be made only by unanimous approval of the Owners.
4.2 Payments on cash call basis — Each Owner shall pay its Proportionate
Share of the Master Plan Costs on a cash call basis based on the Trustee's
estimate of the Estimated Master Plan Costs to be incurred in the coming
three (3) months of the calendar year. Prior to each three month period, if
necessary, the Trustee shall issue a cash call to the Owners for the
Estimated Master Plan Costs to be incurred. The Owners agree to pay such
cash calls for Master Plan. Costs by remitting payment to -the Trustee in a
form satisfactory to the Trustee no later than fifteen (15) Business Days after
receipt of a cash call, failing which an Owner shall be a "Defaulting Owner" as
set out in Section 7.3.
4.3 Duration of Obligations and Final Adjustments — The Owners agree that
the execution of this Agreement constitutes their collective agreement to
pursue the preparation of the Master Plan in accordance with the Municipal
Class EA process and pursuant to the terms of the consulting services
contract to be entered into by the Trustee (on behalf of the Owners) and the
Consultant. Following the completion of Master Plan and final approval
thereof by the Township, the Trustee shall confer with the Owners to verify
that the Final Master Plan Costs reflect the terms of the consulting services
contract between the Consultant and the Trustee (on behalf of the Owners).
Once the Final Master Plan Costs are verified, the Trustee shall prepare a
final accounting reconciliation, and, in the event that the Trustee holds excess
funds, the Trustee shall first pay any Owners entitled to such funds pursuant
to the accounting reconciliation (and such Owners shall then be released and
discharged from all of their covenants and obligations under this Agreement),
and otherwise pay any excess funds to all Owners on a Proportionate Share
basis. Where any Owner owes funds pursuant to the final accounting
reconciliation, the Trustee shall issue a cash call to such Owners for final
payment of their obligations under this Agreement by cheque or bank draft
within fifteen (15) Business Days. Any Owner who pays their final payment to
the Trustee shall then be released and discharged from all of its covenants
and obligations under this Agreement. Upon the Trustee's receipt of the final
payment by the final remaining Owner and payment by the Trustee of all
Final Master Plan Costs, this Agreement shall terminate and be at an end.
ARTICLE 5
TRUSTEE
5.1 Functions The Trustee shall perform the functions specified in the
Agreement and the functions ancillary thereto. The Trustee shall generally
do all such things required to give effect to those provisions of this
Agreement, in accordance with the intentions of the parties as expressed by
the terms of this Agreement, and at the direction of the Owners, relating to
the duties of the Trustee. It is acknowledged that the law firm Davies Howe
Partners LLP shall administer all functions of the Trustee pursuant to this
Agreement, and all references to the Trustee in this Agreement may refer to
Davies Howe Partners LLP in administering the functions of the Trustee.
5.2 Books of account - The Trustee shall maintain such books and records as
are required to properly and efficiently carry out the provisions of this
Agreement, and for that purpose may engage the assistance of a qualified
Chartered Accountant.
5.3 Access to accounts - Any Owner when not in default shall have full and
unrestricted access at all reasonable times, and upon forty -eight (48) hours
prior notice, to the books and records maintained by the Trustee and shall
have the right, at its cost, to make copies thereof.
5.4 Trustee's fees In consideration of the performance by the Trustee of its
duties from time to time pursuant to this Agreement, the Owners shall pay the
Trustee its fees and disbursements (including the fees and disbursements of
.other persons retained by the Trustee pursuant to its powers under this
Agreement), in accordance with the process for remitting contributions
pursuant to this Agreement. The Trustee's fees and disbursements shall be
included as Master Plan Costs for purposes of this Agreement.
5.5 Financial risk of Trustee The Trustee shall not be required to expend or
risk its own funds or otherwise incur financial liability, whether in performance
of any of its obligations hereunder or otherwise. Any amount due and owing
to the Trustee hereunder and any amount required to be expended by the
Trustee in the performance of its duties or the exercise of its rights or powers
hereunder shall be a first charge against all funds from .time to time held by
the Trustee.
5.6 Resignation of Trustee - The Trustee may at any time resign its
administration hereunder and be discharged from all further duties and
liabilities under this Agreement by giving to the Owners at least one month's
notice or such shorter period r of notice as the Owners may accept as
sufficient, provided, however, if the Trustee is directed by the Owners or any
of them to do anything in any way related to this Agreement which the
Trustee, in its judgment, is unwilling or unable to do, the Trustee may, upon
notice to the Owners, immediately resign its administration and shall
thereupon be discharged from all further duties and liabilities. The Trustee
may be removed -by unanimous decision of the Owners and the Township
upon receipt of at least one month's notice. Upon resignation or removal, the
Trustee shall turn over all books, documents, accounting records and
electronic files, as well as all funds belonging to the Owners, provided that
save for an act of fraud or an act taken in bad faith, the Trustee shall not be
obligated to turn over its books, records and documents if it has any account
for services rendered outstanding
5.7 Liability of Trustee - Notwithstanding any provision of this Agreement or law
to the contrary, the Trustee shall be liable to the Owners in the event of fraud
or bad faith, but not otherwise. The Trustee may act on the opinion or advice
or information obtained from any lawyer, accountant or other expert (but shall
not be bound to act upon such opinion, advice or information) and may, with
approval from the Owners, employ such assistance as the Trustee considers
necessary or advisable for the proper discharge of its duties and may pay
proper and reasonable compensation for all such assistance.
5.8 Indemnity of Trustee The Owners shall, on a joint and several basis
indemnify and save (1) the Trustee, (2) the directors, officers and
shareholders of the Trustee, and. (3) .Davies Howe Partners LLP, harmless
from all claims, actions, demands, damages, losses, costs, expenses and
liabilities which may, be. made against them or for which they may become
liable pursuant to this Agreement. This provision shall not merge upon but
shall survive the resignation or removal of the Trustee and the termination of
this Agreement.
ARTICLE 6
REPRESENTATIONS AND WARRANTIES
6.1 Owners' Representations and Warranties - Each Owner represents and
warrants, as of the date of this Agreement:
(a) where the Owner is a corporation, it is duly incorporated,
organized and subsisting under the laws of the Province of
Ontario;
(b) the Owner has all necessary capacity, power and authority to
enter into and to carry out the provisions of this Agreement;
(c) this Agreement has been duly authorized by the Owner and
constitutes a valid and binding obligation of the Owner,
enforceable against the Owner in accordance with its terms;
7
(d) neither the execution and delivery of this Agreement nor the
fulfilment of or compliance with the terms and conditions hereof:
(i) conflicts with or will conflict with or result in a breach of any
of the terms, conditions or provisions of or constitute a
default under the constating documentation of the Owner;
and
(c) to its knowledge after due inquiry, there are no actions, suits or
proceedings pending or threatened against the Township which
could reasonably be anticipated to materially adversely affect its
ability to perform its obligations under this Agreement.
ARTICLE 7
TERM, DEFAULTS AND TERMINATION
7.1 Commencement and termination - This Agreement shall commence on the
date all of the parties execute this Agreement, and shall terminate upon such
7 time as the Master Plan is complete'and. approved by the Township, and the
Trustee confirms that the all of the Final Master Plan Costs have been paid,
and the Trustee has issued a final accounting for the Final Master Plan
Costs.
7.2 Effective date of Agreement — The Owners and the .Township agree that
this Agreement shall be of no force and effect until executed by the
Township, the Owners and the Trustee. Once so executed, the effective date
of this Agreement shall be deemed conclusively to be the date shown on the
first page of the Agreement.
7.3 Failure to advance funds Where an Owner has failed to make a payment
required under this Agreement or has failed to comply with this Agreement or
is otherwise in default of its obligations under this Agreement, the Trustee
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(ii) conflicts in a material respect with or will conflict in a
material respect with or result in a material breach of any
of the terms, conditions or provisions of or constitute a
material default under any agreement, licence or other .
instrument to which the Owner is a party or by which it is
bound;
(e)
to its knowledge after due inquiry, there are no actions, suits or
proceedings pending or threatened against the Owner which could
reasonably be expected to materially adversely affect its ability to
perform its obligations under this Agreement;
(f)
is the sole registered; beneficial, or equitable owner of the
Owner's Lands, or, where the Owner is a bare nominee, said
Owner has received authorization and direction of the related
beneficial owner(s) to enter into this Agreement; and
(g)
it has read, understood and obtained independent legal advice
respecting the provisions of this Agreement.
6.2 Township's Representations and Warranties - The Township represents
and warrants, as of the date of this Agreement that:
(a)
it is a municipal corporation duly established and organized under
the laws of the Province of Ontario;
(b)
it has all necessary capacity, power and authority to enter into this
Agreement pursuant to Part 11 of the Municipal Act and, subject
only to the qualifications expressly provided in this Agreement, to
carry out the provisions of this Agreement and this Agreement has
been duly authorized by a by -law enacted by the Council of the
Township; and
(c) to its knowledge after due inquiry, there are no actions, suits or
proceedings pending or threatened against the Township which
could reasonably be anticipated to materially adversely affect its
ability to perform its obligations under this Agreement.
ARTICLE 7
TERM, DEFAULTS AND TERMINATION
7.1 Commencement and termination - This Agreement shall commence on the
date all of the parties execute this Agreement, and shall terminate upon such
7 time as the Master Plan is complete'and. approved by the Township, and the
Trustee confirms that the all of the Final Master Plan Costs have been paid,
and the Trustee has issued a final accounting for the Final Master Plan
Costs.
7.2 Effective date of Agreement — The Owners and the .Township agree that
this Agreement shall be of no force and effect until executed by the
Township, the Owners and the Trustee. Once so executed, the effective date
of this Agreement shall be deemed conclusively to be the date shown on the
first page of the Agreement.
7.3 Failure to advance funds Where an Owner has failed to make a payment
required under this Agreement or has failed to comply with this Agreement or
is otherwise in default of its obligations under this Agreement, the Trustee
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shall immediately give notice to such Defaulting Owner and to all other Non -
Defaulting Owners specifying the default complained of, and:
(a) If the Defaulting Owner is in default and shall not within five (5)
days of the receipt of such notice have remedied the default, then,
where required by the Trustee, the other Non - Defaulting Owners
shall pro rata (based on Owners' Proportionate Shares) shall pay
the Defaulting Owner's share. The Defaulting Owner shall be
liable to pay to each Non - Defaulting Owner who participates in
remedying such default the return of all sums paid to remedy the
Defaulting Owners' failure to make such payments, plus interest at
the interest rate established from time to time by the Royal Bank
of Canada for its best commercial. customers in Toronto, plus five
(5 %) percent per annum for the period during which money is
outstanding.
(b) The Trustee is entitled to register a notice of this Agreement on
title to an Owner's Land where an Owner is in default hereunder
and each Owner's execution of this Agreement constitutes its
authorization to the Trustee to so register a notice of this
Agreement in the event of a default. Each Owner authorizes the
Trustee to execute, as attorney for the Defaulting Owner, all
documentation which is necessary to register a notice of this
Agreement on title to the lands of the Defaulting Owner.
(c) It is expressly intended that the amounts owing under this
Agreement, together with any interest thereon, shall constitute a
Tien and charge on and against the lands of the Defaulting Owner,
it being the intent of the parties hereto that a security interest, lien
or other encumbrance would thereby be created or imposed upon
the Defaulting Owner's interest in its Owner's Lands and that the
Non- Defaulting Owners shall have the rights of a secured party
pursuant to the Mortgages Act R.S.O. 1990, and the Personal
Property Security Act R.S.O. 1990, as same may be amended.
from time to time.
(d) While in default, neither a Defaulting Owner nor any
representative of such , Defaulting Owner shall be entitled to
participate as a member of the Project Team as described in
Section 3.1.
(e) No Defaulting Owner shall receive any payment from the Trustee
r while in default.
(f) The Trustee shall initiate such enforcement proceedings against a
Defaulting Owner which the Non- Defaulting Owners shall direct.
All actual costs incurred shall be payable initially by the Non -
Defaulting Owner's Proportionate Share basis, 'however, the entire
r^ cost shall, ultimately be borne by the Defaulting, Owner and
payment shall be a condition of being in good standing pursuant to
this Agreement or in compliance with any condition of
development approval as contemplated in Article 9.
(g) The Trustee is entitled to seek any further remedy which may be
available to it at law in order to recover the monetary amount
claimed from the Defaulting. Owner (or-Defaulting Owners on a
joint and several basis), in addition to its legal costs on a solicitor
and its own client basis.
(h) Nothing herein shall preclude a Non - Defaulting Owner from its
entitlement to seek damages from the Defaulting Owner as a
distinct and additional remedy.
7.4 Restoration of rights to Defaulting Owner upon curing of default — A
Defaulting Owner, upon curing the default; shall cease to be in default and
shall be restored to its rights as if such default had never occurred. However,
notwithstanding a renewal of the rights of an Owner who cures a default, any
9
decisions that were agreed to and /or directions provided the Consultant
and /or Trustee by the Non - Defaulting Owners while said Defaulting Owner
was in default shall remain binding.
ARTICLE 8
ENUREMENT, ASSIGNMENT AND ADDITIONAL PARTIES
8.1 Successors and assigns - It is hereby agreed by the parties hereto that this
Agreement shall be enforceable by and against the parties, their
administrators, heirs (where applicable), successors and permitted assigns.
8.2 Transfer of an Owner's Lands - No Owner will assign its interest under this
Agreement or transfer title to all or any part of its Owner's Lands unless the
assignee or transferee of such lands agrees in writing to unconditionally
assume and be bound by all of the rights and obligations of the Owner
pursuant to this Agreement in a form satisfactory to the Trustee.
8.3 Added Parties — In the event that any, Non- Participating Benefitting Owner
seeks to become a party to this Agreement prior to the completion of the
Master Plan, then the Owners and the Township may, by unanimous
approval, agree to allow such Non - Participating Benefitting Owner to become
an Owner pursuant to this Agreement. In such circumstance, such Added
Party shall execute a covenant in a form and content acceptable to the
Trustee to be bound by all terms and provisions of this Agreement as fully as
if such person had been originally named as a party to this Agreement,' and
Schedule "E" shall be amended by the Trustee in order to adjust the Owners'
Proportionate Share cost obligations and such Added Party shall deliver
payment to the Trustee for its Proportionate Share of all calls for payment
issued by the Trustee in respect of the Master Plan Costs. Upon receipt of
any payment from an Added Party, the Trustee shall conduct an accounting
reconciliation and do all things necessary to implement such adjustment.
Notwithstanding an inclusion of an Added Party, any decisions that were
agreed to and /or directions provided the Consultant and /or Trustee by the
Owners prior to the inclusion of such Added Party shall remain binding.
ARTICLE 9
OWNERS' RECOVERIES
9.1 Township's consideration of development applications - Any approvals
sought by the Owners for the development of the 'Owners' Lands are subject
to all necessary approvals, reviews and considerations by the Township.
This Agreement shall not in any way whatsoever fetter, detract from or limit
the right or ability of the Township to exercise any of its powers under the
Planning Act, the Municipal Act, or the Development Charges Act or any
other legislation, including, but not limited to, its power to refuse to approve
secondary plans, plans of subdivision, condominium plans, site plans, minor
variances or consents to sever, or to impose conditions (except the early
payments required pursuant to this Agreement), including conditions requiring
phasing of the development of the Owners' Lands.
9.2 Inclusion of Final Master Plan Costs in future Development Charge By-
law - The Township acknowledges that the Final Master Plan Costs may be
included in a future Development Charges By -law that applies within the
geographic area of the Township. If that is the case, the Township will
support a credit being provided to the Owners through a further agreement to
be entered into pursuant to the Development Charges Act.
9.3 Development condition for Owners - Each of the Owners agrees to request
that the Township impose a development condition for its Owner's Lands
which precludes approval of its subdivision plan or other development
approval unless a letter of clearance is provided by the Trustee to Township
confirming that the Owner is a party in good standing under this Agreement.
9.4 Owners to recover Final Master Plan Costs front -ended for Non -
Participating Benefitting Owners The Township agrees to use its best
efforts to recover the portions of the Final Master Plan Costs that are front -
ended by the Owners for the benefit of Non - Participating Benefitting Owners,
10
by taking such actions as may include, but not be limited to, inclusion of
official plan policies requiring participation in developer cost share .
agreements and insertion of conditions in draft plan approvals or other
development approvals requiring contributions to the Master Plan Costs, or
such other methods as the parties may agree to. In particular, the Township
agrees to impose a development condition in respect of any Non - Participating
Benefitting Owner's lands which precludes approval of its subdivision plan or
other development approval unless a letter of clearance is provided by the
Trustee to Township confirming that the Owner has reimbursed the Owners
for the Master Plan Costs. The amount of the reimbursement shall be such
Non- Participating Benefitting Owner's Proportionate Share of the Master Plan
Costs, as calculated by the Trustee by amending to Schedule "E" to adjust
the Owners' Proportionate Share cost obligations to include such additional
acreage owned by the Non - Participating Benefitting Owner.
ARTICLE 10
LIMITATIONS AND INDEMNITIES
10.1 Force majeure - If the Township is delayed or hindered in or prevented from
the performance of any act required to be performed by the Township under
this Agreement by reason of acts of God, strikes, lockouts, unavailability of
materials, curtailment of transportation facilities, failure of power, prohibitive
governmental laws or regulations, riots, insurrections, war, terrorist activities,
explosions, unavoidable casualty or the act or failure to act of any other party
(except those for whom in law the Township is responsible), adverse weather
conditions preventing the performance of work, or other unspecified,
unforeseen or uncontrollable events beyond the Township's control, then the
time for performance of such act shall be extended for a period equivalent to
the period of such delay.
10.2 Owners indemnify Township for breach by Owner - The Owners jointly
and severally indemnify and save the Township and its employees, elected
officials, officers, contractors, sub - contractors, servants and agents
completely harmless from and against all costs, actions, suits and liabilities
directly or indirectly arising from or in any way connected with a breach by
any Owner or the Trustee of their obligations under this Agreement.
10.3 Owners indemnify other Owners - Each Owner (an "Indemnifying Owner ")
covenants and agrees to indemnify and save each and every other Owner
(an "Indemnified Owner "), harmless from and against any liability, damage,
cost, claim, suit, action or cause of action brought by or on behalf of any
person or persons, corporation or corporations, or government authority
against such Indemnified Owner arising by reason of the breach of this
Agreement by an Indemnifying Owner, its employees, contractors or agents
provided that such breach or default did not arise by virtue of circumstances
beyond the Indemnifying Owner's reasonable control. Upon any party hereto
becoming aware of any such claim, suit or action, is shall forthwith give notice
thereof to the party thought to be liable in accordance with the provisions of
this paragraph and such party shall be given the opportunity of disputing such
claim or defending such suit or action at its own expense.
10.4 Defence of Agreement - If the legality, validity or enforceability of this
Agreement or the capacity and authority of the Township to enter into this
Agreement and carry out or enforce its provisions is called into question or
challenged in any way whatsoever in any action, appeal, review or
proceeding of any kind whatsoever before a Court of competent jurisdiction or
any administrative tribunal by any person, the Township shall defend and
support the legality, validity or enforceability of this Agreement and the
capacity and authority of the Township to enter into this Agreement and carry
out or enforce its provisions provided the Owner provides such reasonable
assistance to the Township in such defence and support as the Township
may reasonably require including, without limiting the generality of the
foregoing, becoming a party at the Owners' sole cost and expense in any
such action, appeal,' review or proceeding and the Owners paying the
Township's legal, consulting and other fees and expenses, costs (including
11
costs awarded against the Township), and disbursements reasonably
incurred by the Township in such defence and support.
10.5 Request for Part II Order — If any person makes a request to the Minister of
Environment and Climate Change for an Order under Part II of the
Environmental Assessment Act in respect of any Notice of Study Completion
issued through the completion of the Master Plan, the Township shall provide
reasonable assistance. to the Owners to support the conclusions of the
Master Plan and shall consult with the Owners to determine the appropriate
role of the Township in addressing such request to the Minister. The Owners
agree to pay the legal and consulting costs reasonably incurred by the
Township in addressing such request to the Minister.
10.6 Capacity of Township to enter into Agreement - The Owners agree that
they will not question the capacity of the Township to enter into this
Agreement or question the legality of any portion hereof, nor question the
legality of any obligation created hereunder and the Owner, its heirs (where
applicable), successors and permitted assigns are and shall be estopped
from contending otherwise in any proceeding before a Court of competent
jurisdiction or any administrative tribunal.
10.7 Agreement voluntary - If a Court of competent jurisdiction or an
administrative tribunal determines that all or part of this Agreement is illegal
or beyond the authority of the Township, the Owners acknowledge and
agrees that the Owners voluntarily entered into this Agreement, that, on the
strength of this Agreement the Township retained the Consultant to complete
this Agreement and the Master Plan, that the Owners' Lands benefited from
the Master Plan and that it would be unjust and inequitable for the Owners to
demand or receive repayment of any monies paid or contributed under this
Agreement.
10.8 Release of Township - The Owners hereby release and forever discharge.
the Township and its employees, elected officials, officers, contractors, sub-
contractors, servants and agents from all costs, actions, suits and liabilities of
any kind whatsoever that the Owners or both have had, have or may in future
have directly or indirectly arising from or in any way connected with this
Agreement.
ARTICLE 11
NOTICE
11.1 Particulars for notice - Any notice, demand, acceptance, request or other
communication ( "Notice ") required to be given hereunder shall be given in
writing and shall be given by personal delivery or email and addressed to:
(a) the Owners in accordance with Schedule " F", or such change of
address and other particulars as an Owner has by notice in writing
given to the Township and Trustee;
(b) the Township as follows:
Township of Oro - Medonte
148 Line 7 South
Oro- Medonte, Ontario
LOL 2EO
Attention: Robin Dunn, C.A.O.
E- mail: rdunn @oro- medonte.ca
Fax: 705- 487 -2171
and to:
Aird & Berlis LLP
Brookfield Place, 181 Bay Street
Suite 1800, Box 754
Toronto, ON M5J 2T9
12
Attention: Christopher Williams
E -mail: cwilliams @airdberlis.com
Fax: 416- 863 -1515
(c) the Trustee as follows:
Horseshoe Craighurst Corridor Landowners Group Inc.
-- c/o Davies Howe Partners LLP
99 Spadina Avenue, 5th Floor
Toronto, Ontario
M5V 3P8
Attention: Daniel Steinberg
E -mail: daniels @davieshowe.com
Fax: 416 -977 -8931
11.2 Method of notice - Any notice shall be conclusively deemed to have been
given to and received by the party to which it is addressed (a) if personally
delivered, on the date of delivery; or (b) if by email or facsimile, on the day
transmission delivery is confirmed by the party delivering the notice, provided
that if delivery occurs after 5:00 p.m., Eastern Standard time, on a Business
Day or at any time which is not a Business Day, delivery shall be conclusively
deemed to have been given on the next Business Day.
11.3 Change in name or address The Owner, the Township and the Trustee
shall promptly give notice as hereinbefore provided of any change in name or
address.
ARTICLE 12
GENERAL PROVISIONS
12.1 Recitals - The parties agree that the recitals herein are true and accurate
and form part of this Agreement.
12.2 Singular and plural - Words importing the singular include the plural and
vice versa.
12.3 Gender - Words importing gender include all genders.
12.4 Captions and headings - The captions and headings contained herein are
for reference only and in no way affect this Agreement or its interpretation.
12.5 Covenants - Each agreement and obligation of each party hereto in this
Agreement, even though not expressed as a covenant, shall be considered
for all purposes to be a covenant.
12.6 Applicable law - This Agreement shall be construed and enforced in
accordance with the laws of the Province of Ontario and the laws of Canada
applicable thereto and shall be treated in all respects as an Ontario contract.
12.7 Currency - All references to currency in this Agreement shall be references
to Canadian dollars.
12.8 Entire Agreement - This Agreement, the schedules referred to. herein
constitute the entire agreement between the parties hereto and supersede all
prior agreements, representations, reports, recommendations, statements,
promises, information, arrangements and understandings, whether oral or
written, express or implied, with respect to the subject matter of this
Agreement. None of the parties hereto shall be bound by or charged with any
oral or written agreements, representations, reports, recommendations,
warranties, statements, promises, information, arrangements or
understandings not specifically set forth in this Agreement or in the
schedules, documents and instruments to be delivered on or before the
execution of this Agreement. The parties hereto further acknowledge and
agree that, in entering into this Agreement and any documents or agreements
contemplated by it and in delivering the schedules, documents and
instruments to be delivered on or before the execution of this Agreement,
13
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they have not in any way relied, and will not in any way rely, on any oral or
written agreements, representation, reports, recommendations, warranties,
statements, promises, information, arrangements or understandings, express
or implied, not specifically set forth in this Agreement, in such schedules,
documents, or instruments under this Agreement.
12.9 Modifications and amendments - No modifications or amendment to this
Agreement may be made unless agreed to by the parties in writing.
12.10 Further assurances - The parties covenant and agree that at all times and
from time to time hereafter upon every reasonable written request to do so,
they shall make, execute, deliver or cause to be made, done, executed and
delivered, all such further acts, deeds, assurances and things as may be
reasonably required to implement and carry out, the true intent and meaning
of this Agreement.
12.11 Severability - If any provision of this Agreement is determined by a Court of
competent jurisdiction or any administrative tribunal to be illegal or beyond
the power, jurisdiction or capacity of.any party, bound hereby, such provision
shall be severed from this Agreement and the remainder of this Agreement
shall continue in full force and effect. In such case the parties agree to
negotiate in good faith to amend this Agreement in order to implement the
intentions as set out in the severed portion and this Agreement herein.
12.12 Time of the essence - Time shall be of the essence of this Agreement.
12.13 Agreement may be executed in counterpart - This Agreement may be
executed in counterparts (i.e. it shall not be necessary for all of the parties to
have signed the same copy hereof) and may be executed and /or transmitted
by facsimile or e-mail.
12.14 No fettering of discretion - The parties agree' and acknowledge that where
any provision of this Agreement contemplates a future legislative or policy
decision within the discretion of Township Council, such decision shall remain
within the sole and unfettered legislative or policy discretion of Township
Council. For greater certainty, nothing is this Agreement is intended to fetter,
nor shall it be deemed to have the effect of fettering, such legislative or policy
discretion on the part of Township's Council under the Municipal Act,
Planning Act, Development Charges Act or other applicable legislation.
12.15 Independent legal advice - It is acknowledged by each of the parties that it
is satisfied as to the legality of this Agreement and the authority of each party
to enter into this Agreement and to uphold and enforce the terms and
provisions hereof. Therefore, each of the parties agrees that it shall not
question the authority of any party to enter into this Agreement, nor question
the legality of this Agreement or any portion thereof. Each party
acknowledges that it has had an opportunity to obtain independent legal
advice respecting the terms contained in this Agreement. Each party
acknowledges that the role of Davies Howe Partners LLP in the drafting of
this Agreement does not extend to providing independent legal advice to any
party.
12.16 Agreement binding on signatories — Notwithstanding the parties named
herein and the definition of "Owner" set out in Section 1.1(n), it is
acknowledged and agreed that this Agreement shall be binding upon on each
Owner who executes this Agreement (hereinafter called "Original
Signatories ") and it shall not be necessary for all parties named as Owners
herein to execute this Agreement in order` for this Agreement to be
enforceable. The references to "Owner" or "Owners" in this Agreement shall
only apply to those parties that have executed this Agreement, as confirmed
by the Trustee, and the terms of this Agreement and all Schedules hereto
(including without limitation, the calculation of the Owners' Proportionate
Shares) shall be construed accordingly on a mutatis mutandis basis. Any
party named in this Agreement who is not one of the Original Signatories is
hereby acknowledged to be a Non- Participating Benefitting Owner. In the
event that a Non- Participating Benefitting Owner named in the Agreement
who is not one of the Original Signatories subsequently seeks to become a
14
party to this Agreement prior to the completion of the Master Plan, then such
party shall be subject to the process described in Section 8.3 regarding the
admission of additional parties to`-this Agreement.
12.17 Schedules The following schedules are attached to and form an integral
part of this Agreement:
Schedule "A" Legal Descriptions
Schedule "B Plan Depicting Preliminary Study Area
Schedule "C" Terms of Reference
Schedule °D" Estimated Master Plan Costs
Schedule "E" Proportionate Shares
Schedule "F" Owner Contact Information
The parties are signing this Agreement on the date above first written.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
15
THE CORPORATION OF THE TOWNSHIP OF
ORO- MEDONTE
Per:
Title:
Pe
Title:
I /we have authori y to bind the Township corporation
16
CRAIGHURST LAND CORPORATION
Per: AA
Title:
Per:
Title:
Uwe have authority to bind the corporation
HORSESHOE VALLEY LANDS LIMITED
Per:S�=
Title:
Per:
Title:
I /we have authority to bind the corporation
FRED GRANT SQUARE LTD.
Per:
Titl
Per:
Title:
I /we have authority to bind the corporation
KELLWATT LIMITED
Per:
Title:
Per:
Title:
I/we have authority to bind the corporation
19
SKYLINE HORSESHOE VALLEY INC.
Per: Ml��IA
Title: C.e U
Per:
Title:
I /we have authority to bind the corporation
20
HORSESHOE CRAIGHURST CORRIDOR
LANDOWNERS GROUP INC.
Per:
Name: Ki Beckman
Title: ASO
have authority to bind the corporation
7
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SCHEDULE "A"
LEGAL DESCRIPTION OF OWNERS' LANDS
Craighurst Land Corporation
PIN #58527- 0289(R)
Part of south %2 Lot 42 Concession 1 Medonte; Oro - Medonte
PIN #58527 -0294 (R)
Lots 20 -25, 28, 31 -34 Plan 91 Medonte; First Street Plan 91 Medonte; Part Craig
Street Plan 91 Medonte; Part Lot 41 Concession 1 Medonte; Part Lot 11, 18 -19 Plan
91 Medonte; Oro- Medonte
PIN #58527 -0288 (R)
Part North East' /2 Lot 42 Concession 1 Medonte; Part South 'h Lot 42 Concession 1
Medonte; Oro - Medonte
Horseshoe Vallev Lands Limited
Part Lots 3 & 4,, Concession 4, Oro; Parts 6, 7, 8 (except 51 M -741) 10, 11, 18, 19 &
22 on Plan 51 R -30671 subject to easement on Parts 7, 10, 19 on Plan 51 R- 30671
in favour of Parts 1, 2, 3, 4, 5, 23 on Plan 51 R -30671 as in LT522875; Together with
easement over Parts 1, 2, 3, 4, 5 & 23 on Plan 51 R -30671 as LT522875; Subject to
easement over Part 2 on Plan 51 R- 31902 as in SC108651; Subject to easement
over Part Lot 4, Concession 4 Oro being Part 1 on Plan 51 R -36465 as in SC773798;
Subject to easement over Part 1 on Plan 51 R -36466 as in SC774226; Oro - Medonte;
PIN: 740565 -0123 (LT)
Part Lots 3 & 4, Concession 4, Oro; Parts 12, 13, 14, 16 & 17 on Plan 51 R- 30671;
Subject to easement over Pars 13, 16 & 17 on Plan 51 R -30671 in favour of Parts 1,
2, 3, 4, 5 & 23 on Plan 51 R -30671 as in LT522875; Together with easement over
Parts,1, 2, 3, 4, 5 & 23 on Plan 51 R -30671 as in LT522878; Together with easement
over Part Lot 4, Concession 4, Oro being Part 1 on Plan 5.1 R -36465 as in SC773798
Oro - Medonte;
PIN: 74055 -0120 (LT)
Part Lots 3 & 4, Concession 4, Oro; Part 15 on Plan 51 R- 30671; Together with
easement over Parts 1, 2, 3, 4; 5 & 23 on Plan 51 R =30671 as in LT522878; Together
with easement over Part Lot 4, Concession 4, Oro being Part 1 on Plan 51 R -36465
as in SC773798, Oro - Medonte;
PIN: 74055 -0121 (LT)
Part Lot 4, Concession 4, Oro; Part 1 on Plan 51 R- 35260; Subject to LT327069,
Subject to LT522878; Together with easement over Parts 7, 9, 10; 13, 16, 17, 19 &
20 on Plan 51 R -30671 as in LT522875; Together with easement over Part Lot 4,
Concession 4, Oro; Part 1 on Plan 51 R -36465 as in SC773798, Oro - Medonte;
PIN: 74055 -0223 (LT)
Block 67, Plan 51 M -741, Oro - Medonte; Subject to easement over Part 20 on Plan
51 R -30671 as in LT522875; Subject to easement as in SC108665 together with
easement over Parts 1, 2, 3, 4, 5 & 23 on Plan 51 R- 30671. as in LT522878;
PIN: 74055 -0191 (LT)
Block 68, Plan 51 M -741, Oro - Medonte; Subject to easement over Part 7 on Plan
51 R- 30671 as in LT522875; Subject to easement as in SC108651 together with
easement over Parts 1, 2, 3, 4_5 & 23 on Plan 51 R -30671 as in LT522878;
PIN: 74055 -0192 (LT)
Block 69, Plan 51 M - -741, Oro - Medonte; Subject to easement over Part 7 on Plan
51 R -30671 as in LT522875; Subject to easement as in SC108651 together with
easement over Parts 1, 2, 3, 4, 5 & 23 on Plan 51 R -30671 as in LT522878;
PIN: 74055 -0193 (LT)
Horseshoe Valley Lands Limited (cont'd
Block 70, Plan 51 M -741, Oro - Medonte; Subject to easement over Part 7 on Plan
51 R -30671 as in LT522875; Subject to easement as in SC108665 together with
easement over Parts 1, 2, 3, 4, 5 & 23 on Plan 51 R =30671 as in LT522878;
PIN: 74055 -0194 (LT)
Parcel 1 -3, Section 51, Med -3; Part Lot 1, Concession 3; Medonte; Part 1 on Plan
51 R- 30016, together with Parts 1 & 2 on Plain 51 R -22624 as in LT236559, subject to
easement as in SC663268, Oro - Medonte;
PIN: 58527 -0451
Parcel 1 -9, Section 51, Med -4; Part Lot 1, Concession 4; Medonte; Part 1 on Plan
51 R- 18529, subject to LT313815, Oro - Medonte;
PIN: 58527 -0461 (LT)
Parcel 1 -6, Section 51, Med -4, Part Lot 2, Concession 4 Medonte, Part 3 on Plan
51 R -8682, subject to LT31.3815, Oro- Medonte;
PIN: 58527 -0463 (LT)
Part of Lot 1, Concession 4, Medonte, Part Lot 2, Concession 4, Medonte, Part 1 on
Plan 51 R -35261 except Part 1 on Plan 51R -36976 subject to an easement as in
LT327069, together with an easement over Part 1 & 2 on Plan 51 R -22624 as in
LT236559, together with an easement Part 10, 11, 12 & 13 on Plan 51 R -32830 as in
SC550482 subject to an easement as in SC774233, subject to an easement as in
SC774235; Township of Oro - Medonte;
PIN: 58527 -0470 (LT)
Parcel 1 -20, Section 51, Oro -4; Part Lot 1, Concession 5, Oro Part 3 on Plan 51R-
20347; Oro - Medonte
PIN: 74056 -0052 (LT)
Kellwatt Limited -and Fred Grant Square Ltd.
PIN 74055 -0217: PT of Lot 4 Con 4 ORO as in R01339448 except Part 1 PL
51 R32880; Oro - Medonte
PIN 74055 -0218: PT of Lot 4 Con 4 ORO being Part 1 PL 51 R32880; Oro - Medonte
Skyline Horseshoe Vallev Inc.
PIN 74053 -0262 (LT)
PCL 1 -3 SEC 51- ORO -3; PART OF LOT 1 CON 4 ORO DESIGNATED AS PTS 2, 3 & 4 ON
PL 51R10977; TOGETHER WITH AN EASEMENT OVER PT 1 PL 51R10977 AS IN
LT42536; SUBJECT TO AN EASEMENT AS IN LT472332; TOGETHER WITH AN
EASEMENT OVER PT OF LTS 3 & 4 CON 4 ORO BEING PT 1 ON PL 51R36466 AS IN
SC774226; TOGETHER WITH AN EASEMENT OVER PT OF LT 2 CON 4 MEDONTE
BEING PT 2 ON PL 51R36464 AS IN SC774233; TOGETHER WITH AN EASEMENT OVER
PT OF LT 2 CON 4 MEDONTE BEING PT 1 PL 51R36464 AS IN SC774235; TOWNSHIP
OF ORO- MEDONTE
Figure 1: Preliminary Study Area
Figure 1 shows a preliminary Study Area in Red along with the Craighurst Secondary Plan and Horseshoe
Valley Development Node areas shown in Blue. It is expected that this is preliminary only and subject to
review and feedback from the Project Team at the outset of the study.
I1 5 I
WK
C°
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 6
HORSESHOE CRAIGHURST CORRIDOR
WATER, WASTEWATER AND TRANSPORTATION
MASTER PLAN
Request for Proposals
FOR THE PROVISION OF CONSULTING SERVICES
for
Horseshoe Craighurst Corridor Landowners Group Inc.
In the Township of Oro- Medonte
May 22, 2014
Municipal Class Environmental Assessment Study
Horseshoe Craighurst Corridor Water, Wastewater and Transportation Master Plan
TERMS OF REFERENCE
TABLE OF CONTENTS
1.0
OVERVIEW ............................................................................ ...............................
page
1.1
Introduction ............................................................................. ..............................1
1.2
Study Objectives ............................................................................. ..............................1
1.3
Background .............................................................................. ..............................2
1.4
Master Plan Approach ............................................................ ...............................
5
1.5
Study Area .............................................................................. ...............................
6
1.6
Reference Materials ................................................................ ...............................
7
2.0
PROJECT MANAGEMENT
2.1
Project Team Management ..................................................... ..............................8
2.2
Technical Agencies Consultation ............................................ ...............................
8
2.3
Community Liaison Committee ............................................... ..............................9
2.4
First Nations and Metis Engagement ....................................... ..............................9
2.5
Public Consultation ................................................................. ...............................
9
2.6
Progress Reporting ................................................................. .............................10
2.7
Number of Meetings ............................................................... .............................10
2.8
Study Schedule ......................................................................... .............................10
3.0
MASTER PLAN STUDY TASKS (Phases 1 -2)
3.1
Problem Statement ................................................................. .............................11
3.2
Background Review and Analysis ............................................ .............................12
3.3
Identification of Alternative Solutions .................................... .............................12
3.4
Evaluation /Selection of Preliminary Preferred Alternative Solutions .................14
3.5
Public Consultation ................................................................ .............................15
3.6
Master Plan Documentation / Notice of Completion ............ .............................15
3.7
Milestone Decisions - Defer or Proceed ................................ .............................16
4.0
ENVIRONMENTAL STUDY REPORT (Phases 3-4)
4.1
Master Plan Review and Start up ........................................... .............................17
4.2
Evaluation /Selection of Preliminary Preferred Alternative Designs ....................17
4.3
Public Consultation ................................................................ .............................18
4.4
ESR Documentation / Notice of Completion ......................... .............................19
5.0
CONSULTANT
REQUIREMENTS
5.1
Expertise on Consulting Team .............................................. ...............................
20
5.2
Time -Task Template .............................................................. ...............................
20
5.3
Study Schedule ..................................................................... ............................... 21
6.0
SUBMISSION OF PROPOSAL
6.1
Form of Proposal ..................................................................... .............................22
6.2
Addenda .................................................................................. .............................22
6.3
Scoring Summary for Proposal Submissions ......................... ...............................
22
6.4
Mandatory Meeting .............................................................. ............................... 23
6.5
Selection of Consultants ....................................................... ............................... 23
6.6
Submission .............................................................................. .............................23
Figure1: Study Area ...................................................................... ............................... page 6
Appendices A: Time -Task Template B : Study Schedule C: References
Municipal Class Environmental Assessment Study
Horseshoe Craighurst Corridor
Water, Wastewater and Transportation Master Plan
TERMS OF REFERENCE
1.0 OVERVIEW
1.1 Introduction
The Horseshoe Craighurst Corridor Landowners Group Inc. ( "landowners ") and the Township of Oro -
Medonte ( "Township ") have identified a need to undertake a study to prepare the Horseshoe Craighurst
Corridor Water, Wastewater and Transportation Master Plan for the Horseshoe Craighurst Corridor
Development area (see Figure 1, Study Area). The Horseshoe Craighurst Corridor Landowners Group Inc.
will be the lead proponent for this study to be carried out in compliance with the Municipal Engineers
Association Class Environmental Assessment for Municipal Projects, 2000 as amended in 2007 and 2011
( "Class EA ").
The Horseshoe Craighurst Corridor Development area in the Township of Oro - Medonte has been
identified as an appropriate Study Area in which to undertake a Class EA study to address water,
wastewater and transportation projects for future development in the Horseshoe Craighurst Corridor
Development Area. The landowners' purpose is to identify appropriate servicing solutions for future
development in the Horseshoe Craighurst Corridor Development Area in conjunction with Township of
Oro - Medonte. While no new or improved arterial and collector roads have been identified as subject to
Class EA requirements, the location of new and improved road projects must also be considered as part
of this study and the selected consultants are expected to liaise with proponents of ongoing
transportation studies in the area.
The Horseshoe Craighurst Corridor is serviced by both the private sector and the Township and this
study is intended to identify both types of servicing and offer solutions that will clarify the roles and
responsibilities of both. This review could result in some shared municipal servicing options for both the
Craighurst and the Horseshoe Valley Secondary Plan areas along Horseshoe Valley Road (Simcoe Road
22).
1.2 Study Objectives
The purpose of this study is to identify water, wastewater and transportation solutions for future
growth in the Horseshoe Craighurst Corridor Development Area and to do so in a comprehensive,
environmentally sound planning process with public participation to facilitate dialogue between parties
with a number of competing interests. The following objectives must be achieved:
1. Protect the environment, as defined in the Environmental Assessment Act, through the wise
management of resources. This goal will be met through study, consultation with the general
and affected public and agencies, monitoring and mitigation.
2. Recommend projects which can meet the Horseshoe Craighurst Corridor Water and Wastewater
servicing and transportation needs with minimal disruption to the existing residents, business
owners and to the natural environment.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 1
3. Involve participation of a broad range of stakeholders including First Nations and Metis in the
study process to allow for sharing of ideas, education, testing of creative solutions and
developing alternatives.
4. Document the study process in compliance with all phases of the Class Environmental
Assessment process.
1.3 Background
Horseshoe Valley and Craighurst are located approximately 2 kilometers apart along Horseshoe Valley
Road West (County Road 22) in the Township of Oro- Medonte, County of Simcoe. The subject lands to
be considered for servicing as part of this Master Plan include:
Horseshoe Valley Development Node which includes approximately 1,040 residential units, a
commercial /recreational area, a fire hall and a police detachment with a total estimated equivalent
population of 3,820. Development in Horseshoe Valley is generally centered around Horseshoe Resort,
a four - season resort including alpine and nordic skiing, two golf courses and an adventure park.
There are a number of planned developments in the Development Node that will require municipal
servicing in the future. In the Horseshoe Valley Development Node it is anticipated that up to
approximately 2,750 units additional residential units could be built.
The Horseshoe Valley Development Node (shown on Schedule D to the Official Plan) is subject to the
specific policies of the Township Official Plan, 2007. It is the Township's policy that the proposed
residential, commercial and recreational uses in the node be developed primarily on full water and
wastewater services (C14.3). Please note that given that the Provincial Growth Plan was approved since
the Official Plan was last updated, the density targets found in the Official Plan are likely to be
reconsidered by the Township in consultation with the landowners and the final unit counts may
change.
Craighurst is a Rural Settlement area which has a resident population of approximately 282 persons (in
94 residences).
The Craighurst Secondary Plan area (adopted by Township May 27, 2009 but not approved by the
County of Simcoe) established an expanded Secondary Plan boundary with an additional 69 hectares for
development to accommodate up to 700 new residential units. This would create a total Craighurst
population of approximately 1,900 persons. The Secondary Plan also provide for a new school and place
of worship as well community core commercial and community use areas.
Horseshoe Craighurst Corridor
Landowners in both the Horseshoe Valley Development Node and the Craighurst Secondary Plan areas
are interested in developing and assessing water and wastewater servicing options which will use
combinations of existing and new infrastructure for both Horseshoe Valley and Craighurst settlement
areas. (Note that while the Edgar Centre Special Policy Area (C16 in the Official Plan) is included in the
Study Area for this Master Plan, development in Edgar is not included in the Horseshoe Craighurst
Corridor servicing strategy.)
Past studies for areas in the Horseshoe Craighurst Corridor have identified the existing servicing
systems, drainage and roads and some of the needs for improvements as follows:
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 2
WATER SUPPLY
Horseshoe Valley
• Within the Horseshoe Valley development node there are two separate water supply systems.
• A water system is owned and operated by the Township (zone 2):
• two groundwater wells;
• pumphouse facility for chlorination and water quality monitoring;
• chlorine contact loop;
• elevated water storage tank; and,
• distribution system.
• Approximately 584 units are connected to the municipal drinking water system.
• Horseshoe Resort (Skyline Utilities, zone 1 system) supplies its own drinking water from a private
well and water distribution system. In addition, the resort operates a private well for snow - making
and golf course irrigation. Horseshoe Resort provides drinking water to residences on the north
side of Horseshoe Valley Road West as well as those along Birch Grove Drive and Country Club
Lane on the south side of Horseshoe Valley Road West.
• The Hydraulic Analysis for the Horseshoe Valley Water Distribution System, completed by AECOM
in October 2012, analyzed the possibility of integrating the existing residential areas into the
existing municipal system and included demands for future developments within the study area.
The analysis determined the need for additional water supply capacity in order to meet future
water demands in the system.
• A Class EA Study is currently being undertaken by the Township of Oro - Medonte for the
"Horseshoe Valley Lands" to expand and upgrade the groundwater wells and make upgrades to
the water pumping capacity to serve future residential development in the Horseshoe Valley
Secondary Plan. This activity will carry on independently from the Horseshoe Craighurst Corridor
Master Plan.
Craighurst
• Craighurst is currently serviced with a Municipal Water System for 51 units including:
• Three groundwater wells;
• in- ground reservoir (located under the high lift pump building); and,
• chlorination in the pumphouse;
• distribution system.
• In 2009 with the adoption of the Secondary Plan, a Class EA Study was completed which
recommended that the Township install additional wells to supplement the water system.
WASTEWATER
Horseshoe Valley
• The existing development in the Horseshoe Valley settlement area is serviced by a combination of
private septic systems and a privately owned and operated wastewater treatment plant. The
owner of the wastewater treatment plant is Skyline Utility Services Inc.
• The Horseshoe Valley wastewater treatment plant is located in Horseshoe Valley has a rated
capacity of 810 m3 /day average daily flow and 2,795 m3 /day peak flow. The plant operates year
round, and services the Horseshoe Valley Resort as well as various other associated housing and
condominium complexes.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 3
• The wastewater treatment plant features secondary treatment based on sequencing batch reactor
(SBR) process technology, with a single -step mechanical screen housed inside the inlet works, two
open air grit removal channels, three open air SBRs, three continuous contact tertiary sand filters
housed inside the main building, three effluent disposal ponds located at the rear of the plant, one
totally enclosed sludge storage tank, an enclosed alum chemical dosing system, and one open
sludge storage pond located on the west side of the plant.
Craighurst
• The rural settlement of Craighurst is served by individual septic systems. and does not have a
Municipal Wastewater Treatment Plant.
• At the time of the adoption of the Secondary Plan, a Class EA Study was completed which
recommended that the Township install additional wells to supplement the water system and
construct a new wastewater treatment plant using subsurface disposal.
ROADS
• The residents and businesses in Horseshoe Craighurst Corridor rely on the Horseshoe Valley Road
(County Road #22) as the main spine to provide intra- community transportation needs.
• At this time, the County of Simcoe is undertaking a Transportation Master Plan to recommend an
overall plan for transportation for the County's road system.
• Also, a Class EA Study is currently underway to improve Horseshoe Valley Road 2.5 km east and west
of Horseshoe Valley Resort Main Entrance to include pavement rehabilitation, roadside safety
upgrades, drainage improvements and widening to three lanes to accommodate of truck climbing
lanes in both the eastbound and westbound directions (second Public Information Centre was held
May 12, 2014).
• For this Master Plan, the selected consultant will review the state of the existing arterial and
collector roads in Horseshoe Craighurst Corridor and monitor the proposed construction and /or
upgrading of roads. This will assist in the assessment of the need for one or more collector and
arterial roads to integrate with the existing and proposed local, County and provincial roads
• Roads internal to plans of subdivision will be addressed by individual developers
STORMWATER MANAGEMENT
• Stormwater management facilities for proposed development generally fall under the requirements
for a developer and are not subject to the Municipal Class EA (Schedule A). Such projects will be
addressed and constructed by individual developers prior to final registration of plans of subdivision.
• If a new or upgraded approach to drainage and stormwater management is required for existing
built up areas of the Horseshoe Craighurst Corridor, these projects should be identified and
considered along with the water, wastewater and roads projects as part of the Master Plan.
• It is anticipated that stormwater management projects will be Schedule A or A +.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 4
1.3.4 Stormwater Management
• Stormwater management facilities for proposed development generally fall under the requirements
for a developer and are not subject to the Municipal Class EA (Schedule A). Such projects will be
addressed and constructed by individual developers prior to final registration of plans of subdivision.
• If a new or upgraded approach to drainage and stormwater management is required for existing
built up areas of the Horseshoe Craighurst Corridor, these projects should be identified and
considered along with the water, wastewater and roads projects as part of the Master Plan.
• It is anticipated that stormwater management projects will be Schedule A or A +.
1.4 Master Plan Approach
To determine projects which could be planned and implemented for the mutual benefit of the existing
residents, businesses and landowners in the Horseshoe Craighurst Corridor, the landowners propose to
carry out this study in compliance with Master Plan requirements of the Class EA as set out in Approach
#2 in Appendix 4 of the Class EA.
The Class EA Study will be undertaken as follows:
• one Master Plan process in compliance with Phases 1 and 2 of the Class EA planning process
which will establish the general location and the type of water, wastewater and road facilities
subject to Schedules B and C which best address the Class EA problem or opportunity
statement. Study tasks to meet this goal are set out in Section 3.0;
• one Environmental Study Report in compliance with Phases 3 to 4 of the Class EA planning
process which will establish the site specific location and details about the water, wastewater
and roads facilities subject to Schedule C which were identified in the Master Plan. Study tasks
to meet this goal are set out in Section 4.0.
A Notice of Completion for Schedule B projects is expected to be issued at the conclusion of Phase 2
(completion of Master Plan) and a Notice of Completion for two Schedule C projects is expected to be
issued at the conclusion of Phase 4 (completion of Environmental Study Report). See Section 3.7 for
information about the assumptions to be used in the completion of Phases 3 -4.
This RFP has set out a Class EA study process to conform to the above -noted levels of study in
compliance with the Class EA and considered appropriate by the landowners and the Township. The
landowners, in consultation with the Township of Oro - Medonte, reserve the right to update the Class EA
study process to accommodate additional information received during the course of the study, as
appropriate. which may be carried out at a later date dependent on the need and timing of specific
projects.
1.5 Study Area
The primary Study Area will consist of the area surrounding the Horseshoe Craighurst Corridor
Development area. See Figure 1, Preliminary Study Area.
Upon the identification of alternatives or alternative design concepts, revisions to the Study Area
boundaries may be made in order to more accurately depict the proposed alternatives anticipated and
the potential for environmental impacts or mitigation.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 5
Figure 1: Preliminary Study Area
Figure 1 shows a preliminary Study Area in Red along with the Craighurst Secondary Plan and Horseshoe
Valley Development Node areas shown in Blue. It is expected that this is preliminary only and subject to
review and feedback from the Project Team at the outset of the study.
ar
INS
Terms of Reference
Horseshoe Craighurst Corridor— Water, Wastewater and Roads Master Plan page 6
1.6 Reference Materials
Several previous studies have identified the need for capacity improvements within the Horseshoe
Craighurst Corridor Development area. The previous studies are listed in Appendix C: References and,
except for publically available municipal documents, it is not anticipated that the references will be
made available to candidate consultants. The previous studies have examined numerous broad
alternative scenarios for the development of water, wastewater and transportation projects in each of
the settlement areas in the Horseshoe Craighurst Corridor. The Horseshoe Craighurst Corridor Master
Plan will build on these alternatives, introduce additional alternatives where appropriate and provide an
examination /evaluation of alternatives to identify ultimate servicing requirements for the Horseshoe
Craighurst Corridor Development area. Only reasonable alternative solutions will be carried forward for
consideration as required to comply with the Class EA planning process.
As a first step in the study the selected consultant will be provided a copy of reference materials listed in
Appendix C and is expected to review them and determine which ones are relevant to this study. The
selected consultant is also expected to identify other reference materials that may be needed for this
study and review new materials as they become available.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 7
2.0 PROJECT MANAGEMENT
2.1 Project Team Management
This project is being undertaken by the Horseshoe Craighurst Corridor landowners who will enter into a
consulting services contract with a selected consultant. The proposed structure of the study will involve
a Project Team consisting of the selected consultant's Project Manager, members of the landowners'
group and Township staff (or their consultant representative). The technical agencies, public and the
Community Liaison Committee will provide input to the Project Team.
Project Team
The Project Team will meet approximately six times over the course of the study. The Project Team will
consist of:
• Selected Consultant Project Manager - Chair
• Landowners' representatives including:
• Skyline Horseshoe Valley Inc.
• Horseshoe Valley Lands
• Craighurst Land Corp
• Kellwatt Limited
• Mr. Jerry Ball, Director, Transportation & Environmental Service
Township of Oro - Medonte
• Mr. Rick Groves, AECOM
Township of Oro - Medonte Engineering Consultant
In addition to administering the project on a day -to -day basis, the Project Team will provide liaison
amongst the landowners, Township of Oro - Medonte Council and Senior Management and the selected
consultant Team.
It is anticipated that the Project Team will invite additional persons representing various areas of
expertise (i.e., environment, land use, water, wastewater and transportation) on an as- needed basis.
The Project Manager will lead the Project Team and guide the tasks and functions of the overall study on
behalf of the landowners and in consultation with the Township of Oro- Medonte.
The duties of the Project Team will include:
• Providing project direction;
• Securing landowners' and Township input;
• Sounding board for ideas;
• Reviewing all technical input; and,
• Oversee project schedule.
2.2 Technical Agencies Consultation
The selected consultant, on instructions from the Project Team, will maintain a high level of contact with
key technical agencies at an appropriate level to reflect their interests. Early involvement of technical
agencies such as the Ministry of Transportation, Ministry of the Environment, Nottawasaga Valley
Conservation Authority and County of Simcoe is critical to the successful completion of the study. The
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 8
purpose of the contact with these key technical agencies is to involve directly affected technical
agencies, in an in -depth manner as the study progresses. This contact will assist the Project Team to
engage these agencies in a positive way and maintain open lines of communication. The selected
consultant will be responsible for the taking and distributing of minutes, preparing agendas, preparing
technical summaries for all Technical Agencies meetings.
Agencies to be consulted include, but are not limited to:
• Ministry of Transportation
• Ministry of Natural Resources
• Ministry of Environment
• Ministry of Municipal Affairs
• Nottawasaga Valley Conservation
• Department of Fisheries and Oceans, as needed
• County of Simcoe
• Severn Sound Environmental Association
• Couchiching Conservancy
• Major utility companies
The role of the technical agencies will be to provide technical input and guidance per their mandate to
the Project Team.
2.3 Community Liaison Committee
In recognition of the important role of key Horseshoe Craighurst Corridor stakeholders in the
development of this Master Plan and Environmental Study Report, a Community Liaison Committee will
be created with 8 -11 invited representatives of local business, residential or environmental interest
groups who are deemed by the Project Team to have an interest in the outcome of this study. It is
anticipated that members will meet twice with each meeting taking place prior to the Public Open
Houses.
2.4 First Nations and Metis Engagement
Whether or not archaeological and cultural sites are identified as potentially significant to First Nations
and /or, Metis an engagement program with First Nations and Metis will be undertaken. The selected
consultant will review these matters at the outset of the study with the Project Team and develop an
appropriate plan to engage with First Nations including the steps to consult, inform and engage.
An allowance of two meetings to engage First Nations and Metis should be included within the
allocation for stakeholders meetings.
2.5 Public Consultation
Public consultation is important to the success of this study. Gaining public input through a public
participation process that provides opportunities for learning, sharing and responses will be paramount.
The selected consultant will be expected to lead and to provide support and technical services for the
Public Open Houses and do such tasks as facilitate public forums, prepare and maintain mailing lists and
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 9
advertisements and respond to inquiries. The selected consultant will be responsible for the taking and
distributing of minutes, preparing agendas, preparing technical summaries, creating display materials
and providing professional staff to assist at public forums.
At regular intervals, including project commencement, prior to either of the Public Open Houses and
Notices of Completion, the Township website will be updated with relevant public documents. The
selected consultant will supply the Township with these materials for the website in consultation with
the Project Team.
The general public will have the opportunity to learn about and provide input at following points in the
study process:
1. Updates provided on the Township website at key points;
2. Public Open House #1
• to review evaluation and recommended preferred solutions (Phase 2); and,
3. Notice of Completion for Schedule B projects
• to publish the Master Plan for public review and comments, and
• to provide an opportunity for review of Schedule B projects and elicit any requests for Part II
Orders for Schedule B projects
4. Public Open House #2
• to review evaluation and recommended preferred alternative design concepts for Schedule
C projects (Phase 4); and,
5. Notice of Completion for Schedule C projects
• to publish the Environmental Study Report(s) for public review and comments, and
• to provide an opportunity for review of Schedule C projects and elicit any requests for Part II
Orders for Schedule C projects
The general public will be contacted via mailed notices and newspaper notices placed in local
newspapers, Township website and potentially on signs in the community (methods to be finalized by
the Project Team).
2.6 Progress Reporting
After each group of study tasks (set out below in Sections 3.0 and 4.0) is completed, the selected
consultant will prepare a Progress Report including a summary of the data collected, analyses
completed, and any input or comments received. If applicable, these reports will also include responses
to external comments made and any revisions to the process required to respond to external comments
made. The format should be reflective of the final content of the relevant sections of the Master Plan
and Environmental Study Reports, with references to other study documents as needed. These progress
reports, taken together, will form the basis of the Master Plan and the Environmental Study Reports.
These progress reports should be in a form suitable for reproduction, in whole or in part, for use in a
public forum and be provided to the Project Team electronically.
2.7 Number of Meetings
The selected consultant will be required to participate in meetings during the study to provide detailed
consultation with directly affected parties. For each part of the study (i.e., Master Plan and ESR) the
Consultant should budget appropriate time for preparation, attendance and follow up for the following
meetings:
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 10
Committee or Group
Master
ESR
Total
Plan
Project Team meetings
3
3
6
Key technical agencies and Stakeholders
meetings (e.g., MTO, MOE, MNR, County,
NVCA, includes First Nations /Metis
3
3
6
engagement)
Community Liaison Committee meetings
1
1
2
Presentation to Township of Oro - Medonte
Planning Committee and /or Council
1
1
2
Public Open Houses
1
1
2
2.8 Study Schedule
It is anticipated that the selected consultant will be able to bring the appropriate resources to complete
this study in an efficient timeframe. A blank timetable is attached in Appendix B: Study Schedule. This
project schedule is to be completed by each consulting team and submitted along with the proposal. At
project start -up, the schedule will be reviewed and refined in discussion with the Project Team.
The satisfactory completion of the Class EA process for the Schedule B projects (Phases 1 -2 of the Class
EA) is an important milestone in this study (see Section 3.7). At their sole discretion, the Project Team
reserves the right to re- evaluate the work completed and Schedule C projects recommended at that
stage. Taking into account the recommendations of the selected consultant, the Project Team may
proceed with one Environmental Study Report for recommended projects or defer the study process.
See also Section 3.7 of this RFP.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 11
3.0 MASTER PLAN STUDY TASKS (Phases 1 -2)
The tasks associated with the completion of the Master Plan are listed below. They have been grouped
into main headings each representing decision points or areas of similar types of tasks /analyses. The
study tasks /process has been structured to achieve compliance with the Environmental Assessment
process of the Class EA. Any proposed revisions to the study tasks /process outlined herein should
address this objective. Unless otherwise specified, the selected consultant will complete each task listed
below.
3.1 Problem Statement (Class EA Phase 1)
1. Initial review of all available background studies. As required by the Class EA, compile
background information on the following topics within the Study Area, as deemed relevant and
appropriate by the Project Team:
Social Environment
Natural Environment
Land Uses
Environmentally sensitive areas
Community structures
ANSI's
Planned population and employment growth
Woodlots
Planned Construction projects
Creeks
Heritage resources
Fisheries
Archaeological resources
Wetlands
Agricultural lands
Wildlife and Birds
Vegetation
Existing water, wastewater services and roads
Groundwater /source protection
2. Refine the project schedule for the Class EA study and confirm Study Tasks in consultation with
Project Team and landowners.
3. Prepare the draft problem statement in consultation with the Project Team.
4. Prepare a draft engagement program with First Nations and Metis in consultation with the
Project Team.
5. Project Team to review and provide input into:
• problem statement /opportunities /purpose of the study;
• project schedule;
• availability of background reports;
• population and growth areas;
• select members for invitation to Community Liaison Committee;
6. The Project Team will send letters to Technical Agencies and identified stakeholders to outline
the study purpose and steps to be undertaken in the study, solicit initial comments and confirm
the mailing list.
3.2 Background Review and Analysis (Class EA Phase 2)
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 12
1. Complete review of all available background studies in the Study Area including land uses,
topography, existing servicing systems, roads and natural features in the Study Area. This initial
review will rely primarily on existing sources provided by the staff of the Township of Oro -
Medonte, previous studies and development applications and published studies by others (e.g.,
County of Simcoe).
2. Based on input from the Project Team on population projections and growth areas, the selected
consultant will:
a) Identify proposed service areas, water demands and wastewater generation rates. Based
on historical water and wastewater data from Horseshoe Craighurst Corridor and other
similar communities, wastewater effluent limits must be confirmed with MOE and NVCA
to ensure that only reasonable wastewater alternatives are considered. Similarly,
existing and proposed potable water sources must be confirmed.
b) Identify existing road capacity concerns and proposed new /improved road projects being
undertaken by others and summarize gaps and future study requirements.
Identify study gaps for discussion with the Project Team and Technical Agencies. For example,
where and to what extent will additional study be required to identify social, cultural,
archaeological, natural or technical conditions? In addition, fieldwork gaps will be identified for
completion of Class EA Phase 2 to provide necessary information to understand the social,
natural and technical environment.
4. Prepare Progress Report #1 describing the problem statement, background studies and their
findings, assumed population and growth areas, Profile of the Study Area including study gaps,
water demands, wastewater generation rates, traffic demands and roads needs, other
evaluation criteria, and initial alternative identification.
3.3 Identification of Alternative Solutions (Class EA Phase 2)
1. Complete data collection per identified study gaps in consultation with Project Team and
individual stakeholders or technical agencies.
2. The Project Team will identify alternatives including combinations of alternatives which would
meet the problem statement and address the study objectives. Only reasonable alternatives
and combinations of alternatives which meet the study objectives will be carried forward. The
selected consultant will provide descriptions of each alternative solution and maps and other
supporting materials for review by the Project Team.
As required by the Class EA process, address the following activities (singly or in combination) as
part of the possible alternatives:
• Water
- New water source(s)
- Existing water source(s)
- New water treatment facility(ies)
- Existing water treatment facility(ies)
- Type and location of treatment
Terms of Reference
Horseshoe Craighurst Corridor— Water, Wastewater and Roads Master Plan page 13
- Water Storage and pumping requirements
- Conveyance of water supply to new /existing population
• Wastewater
- New wastewater treatment facility(ies)
- Existing wastewater treatment facility(ies)
- Type and location of treatment
- Collection of wastewater from new /existing population
- Disposal of wastewater effluent
• Arterial and Collector Roads
- improvements on existing roads
- new roadway(s) on new alignment(s)
- non - structural improvements (signing, traffic optimization or traffic control)
- diversion of traffic to other roads
- other traffic management measures (e.g., truck lanes)
- traffic demand management measures
In each of the series of possible solutions, the Master Plan will address the "Do Nothing"
alternative to provide a baseline comparison for solutions and the "Limit Community Growth"
alternative.
3. The Project Team will refine the social /environmental /technical criteria for the evaluation of
alternatives which is suitable for the Study Area conditions and the proposed alternatives.
Standard evaluation criteria include, but are not be limited to, the following topics:
Standard Potential Evaluation Criteria
Social Environment
Natural Environment
Land Use
Environmentally sensitive areas
Community cohesiveness
ANSI's
Noise
Woodlots
Construction Impacts
Creeks
Heritage
Fisheries
Archaeology
Wetlands
Agricultural land
Wildlife and Birds
Quality of Life - Health and Safety
Vegetation
Air quality
Technical — water, wastewater and roads
Ability to satisfy design criteria
Cost
Capacity
Capital
Roadway & Traffic Safety
Operating
Reliability
Approvability
Land Requirements
Structural Considerations
Maintenance and operating needs
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 14
3.4 Evaluation and Selection of Preliminary Preferred Solutions (Class EA Phase 2)
1. The selected consultant will assess alternatives using the selected evaluation criteria and select
preliminary preferred solutions. This will be an iterative evaluation process, including
refinement of alternatives, new options and combinations as they arise. A matrix evaluation
method may be employed to ensure that each alternative is assessed against the same criteria.
2. Based on the Study Area Profile and selected evaluation criteria, the Project Team will assess the
mitigation available to address any potential impacts and then assess the net effects (after
mitigation) of each of the alternative water, wastewater and transportation solutions. At this
stage, the location of each of the preliminary preferred alternatives will be presented in
sufficient detail so that mitigation methods can be assessed and environmental impacts
addressed.
3. The selected consultant will identify the preliminary preferred alternatives or combination of
alternatives. This assessment will address the advantages and disadvantages of each alternative
solution and clearly state the reasons for the selection of the preliminary preferred alternatives.
This assessment may use a single project -by- project method or take a systems approach.
4. Project Team to review and provide input into:
• alternatives and combinations of alternatives;
• criteria by which alternatives will be evaluated.
• evaluation of alternatives;
• preliminary preferred solutions; and,
• Public Open House information.
5. Host Community Liaison Committee #1 to review and provide input into Phases 1 -2 Class EA
process.
6. Presentation to Township of Oro - Medonte Committee or Council to update on study progress
and provide information for upcoming Public Open House #1.
7. Prepare Progress Report #2 including documentation of all alternatives, evaluation criteria, the
evaluation of alternatives and the preliminary preferred solutions.
3.5 Public Consultation (Class EA, Phase 2)
1. The selected consultant will prepare a letter to all persons on the mailing list (i.e., public,
stakeholders and technical agencies) and publish notices in local newspapers advertising the
Public Open House and soliciting comments on the Master Plan.
2. The Project Team will host Public Open House #1 to solicit public comments and suggestions on
the following:
• Problem statement;
• Existing conditions /background /Study Area Profile;
• Alternative solutions;
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 15
• Evaluation criteria;
• Evaluation of alternative solutions, and
• Preliminary preferred solutions.
3. The selected consultant will prepare Progress Report #3 to document the results of the Public
Open House by compiling a summary of the comments and questions received along with a
listing of the responses. The Project Team will distribute this summary to all persons on the
mailing list (including technical agencies).
3.6 Master Plan Documentation& Notice of Completion
1. The selected consultant will document the results of the study by compiling Progress Reports
#1 -3 into a single Master Plan document.
2. The Master Plan will identify all water, wastewater and roads projects required to address the
problem statement and satisfy Phases 1 and 2 of the Class EA planning process. The Master Plan
must include a chart showing each project identified in the Master Plan and provide detailed
information about the following for each project:
• Type of project
• Location of project
• Dimensions of project
• Functions of project
• Municipal Class EA Schedule for each project (i.e., A, A +, B or C)
• Anticipated construction date required
• Capital cost estimate
Given the nature of the Class EA process, the outcome of the evaluation cannot be predicted.
For the purposes of the terms of reference for this project, it is assumed that two projects will
be subject to Schedule C.
3. The Master Plan will also include mitigation measures for the proposed preferred solutions
outlining the steps necessary to reduce or eliminate environmental impacts of the proposed
projects (e.g., best management practices included in the consideration of the net effects). The
Master Plan will also address implementation measures in which all the required permits and
approvals are clearly listed for each project (e.g., Certificate of Approval, Permit To Take Water,
etc.) This section will address any commitments made by the Project Team during the Class EA
study.
This Master Plan will include meeting notes of the technical agencies meetings and public
consultation.
4. Project Team to review and provide input into the draft Master Plan.
5. The Project Team will review the draft Master Plan and provide comments prior to the
finalization of the report to ensure that it incorporates the comments of the public, technical
agencies. The selected consultant will finalize the Master Plan and provide 12 hard copies to the
Township along with an electronic version on 3 CD's.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 16
6. The Notice of Completion for the Schedule B Projects will be published for the required 30 day
review period and notices mailed to those on the mailing list. The final Master Plan will be
placed in the Township office (and other locations, if requested) for review and comments.
The selected consultant will allocate 10 hours of time for the Project Manager to review and
comment on written public or agency questions or comments resulting from the Notice of
Completion.
3.7 Milestone Decisions — Defer or Proceed?
1. Following the satisfactory completion of the Schedule B Projects the landowners in consultation
with the Township will determine how and when to proceed with Phases 3 -4 of the Class EA
process. The options include:
a. Defer further consideration of infrastructure projects; or,
b. Proceed immediately to Phases 3 -4 for some or all of the listed projects.
As the Class EA process outcome is unknown at this time, the proposal should be written with
the following assumptions for Phases 3 -4:
• That the preparation of the ESR will follow immediately upon completion of the
satisfactory completion of the Schedule B projects;
• That the Schedule C projects consist of a new water system and a new wastewater system
for the Horseshoe Craighurst Corridor; and,
• Variations on these assumptions will be addressed at this milestone.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 17
4.0 ENVIRONMENTAL STUDY REPORT (Phases 3 -4)
The purpose of completing Phases 3 and 4 of the Class EA planning process is to select the preferred
design solutions for the Schedule C water, wastewater and transportation solutions identified under
the Master Plan. The background documents Master Plan are to be used to support the selection of
the Phase 3 & 4 preferred solutions.
The goal of the Phase 3 & 4 Class EA planning process will be to establish the specific locations, types
and capacities of servicing facilities (water, wastewater and transportation) which best address the
future servicing needs in conjunction with the development phasing for the Horseshoe Craighurst
Corridor area. The infrastructure staging will be determined as part of the Phase 3 & 4 Class EA in
consultation with the landowners and Township.
4.1 Master Plan Review and ESR Start up (Class EA Phase 3)
1. Review of Master Plan recommended Schedule C projects.
2. Identify alternative design concepts including combinations of design solutions which would
address the preferred solutions identified in the Master Plan. Only reasonable alternative
design concepts will be carried forward. The selected consultant will provide descriptions of
each alternative design concepts and other supporting materials for review by the Project
Team.
3. Identify study gaps for discussion with the Project Team and Technical Agencies. For example,
where and to what extent will additional study be required to identify social, cultural,
archaeological, natural or technical conditions? In addition, fieldwork gaps will be identified
for completion of Class EA Phase 3 to provide necessary information to understand the social,
natural and technical environment.
4. Project Team to review and provide input to:
• review of preferred projects from the Master Plan;
• confirm profile and study area issues;
• confirm population projections, water demands, wastewater generation rates, traffic
demands and road requirements;
• study and field work gaps; and,
• initial identification of alternative design concepts
Prepare Progress Report #4 describing the alternative design concepts and confirming step
undertaken in Section 4.1.
4.2 Evaluation and Selection of Preliminary Preferred Design Concepts (Class EA Phase 3)
Assess alternatives using the selected evaluation criteria and select preliminary preferred
solutions. This will be an iterative evaluation process, including refinement of alternative design
concepts, new design options and combinations as they arise. A matrix evaluation method may
be employed to ensure that each alternative design concepts is assessed against the same and
relevant criteria.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 18
2. Assess the mitigation available to address any potential impacts and then assess the net effects
(after mitigation) of each of the alternative water, wastewater and transportation solutions. At
this stage, the location of each of the preliminary preferred alternatives will be presented in
sufficient detail so that mitigation methods can be assessed and environmental impacts
addressed.
3. Identify the preliminary preferred alternative design concepts and address the advantages and
disadvantages of each alternative solution and clearly state the reasons for the selection of the
preliminary preferred alternatives. This assessment may use a single project -by- project method
or take a systems approach.
4. Project Team to review and provide input into:
• alternatives and combinations of alternative design concepts;
• mitigation measures;
• criteria by which alternatives were evaluated;
• Public Open House information preparations; and,
• selected preliminary preferred alternative design concepts.
5. Host Community Liaison Committee #2 to review and provide input into Phases 3 -4 Class EA
process.
6. Presentation to the Township of Oro - Medonte Planning Committee and /or Council.
4.3 Public Consultation (Class EA, Phase 3)
1. Send correspondence to all persons on the mailing list (i.e., public, stakeholders and technical
agencies) and publish notices in local newspapers advertising the Public Open House #2 and
soliciting comments on the Class EA study process.
2. The Project Team will host Public Open House #2 to solicit public comments and suggestions on
the following:
• Selected preferred solutions from Master Plan;
• Existing conditions /background /Study Area Profile;
• Alternative design concepts;
• Evaluation criteria;
• Evaluation of alternative design concepts, and
• Preliminary preferred designs.
3. The selected consultant will prepare Progress Report #5 to include documentation of all
alternative design concepts, evaluation criteria, the evaluation of alternative design concepts
and the preliminary preferred concepts. Progress Report #5 will document the results of the
Public Open House by compiling a summary of the comments and questions received along with
a listing of the responses. The Project Team will distribute this summary to all persons on the
mailing list (including technical agencies).
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 19
4.4 Environmental Study Report Documentation /Notice of Completion — Schedule C Projects
1. Document the results of the study by compiling Progress Reports #4 -5 into a draft
Environmental Study Report document. (Note: Given the nature of the Class EA process, the
outcome of the evaluation cannot be predicted. For the purposes of the terms of reference, it is
assumed that two projects will be subject to Schedule C, see Section 3.7)
2. Identify all Schedule C projects which are addressed in the Report (e.g., water, wastewater and
roads projects) and have satisfied Phases 3 and 4 of the Class EA planning process. The
Environmental Study Report must provide detailed information about the following for the
Schedule C projects:
• Type, location and dimensions of project;
• Land requirements for all works (easements and /or property acquisitions);
• Design capacities (water supply, wastewater treatment); and,
• Staging of future infrastructure works based on the Development Phasing program
established by the Township.
• Anticipated construction date required
• Capital cost estimate
3. The Environmental Study Report will include mitigation measures for the proposed preferred
solutions outlining the steps necessary to reduce or eliminate environmental impacts of the
proposed projects (e.g., best management practices included in the consideration of the net
effects). The Environmental Study Report will also address implementation measures including
all the required permits and approvals and any commitments made by the Project Team during
the Class EA study. The Environmental Study Report will include meeting notes of the technical
agencies meetings and public consultation.
4. Project Team to review and provide input into the draft Environmental Study Report. The draft
will also be circulated to the County of Simcoe, MOE and NVCA for preliminary review and
comment.
7. Ensure that the report incorporates the comments of the public, technical agencies,
stakeholders, First Nations and Community Liaison Committee.
8. The Notice of Completion will be published in two editions of the local newspaper and will be
posted on the Township web site. Copies of the Notice will be sent to all applicable review
agencies and to members of the public who have asked to be kept informed. The final
Environmental Study Report will be placed in the Township office (and other locations, if
requested) for review and comments.
9. Following the 30 -day public review period, the selected consultant will allocate 10 hours of time
for the Project Manager to review and comment on written public or agency questions or
comments on Schedule C projects resulting from the Notice of Completion.
10. The selected consultant will finalize the Environmental Study Report and provide 12 hard copies
and two CD copies.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 20
5.0 CONSULTANT REQUIREMENTS
5.1 Expertise on Consulting Team
It is anticipated that selected consultant's team will consist of specialized consultants to prepare and /or
review the reports and documentation to completed the Class EA. These specialities include but are not
limited to the following where these topics could be affected by the proposed new water, wastewater
and roads facilities:
• Class EA expertise and experience with demonstrated knowledge of Class EA procedures;
• Project management skills to lead a complex multi - disciplinary team in a Class EA process;
• Land use planning expertise to review and collate population and employment projections and
to gauge the current and future land use needs;
• Transportation planning to review and provide advice on the transportation requirements based
on the proposed development phasing;
• Archaeological assessments (Stage 1 and, if required, Stage 2);
• Cultural heritage assessments to identify and assess resources in the Study Area which would be
affected by the proposed preferred solutions;
• Assessment of the natural environment;
• Geotechnical assessments as necessary for proposed new water, wastewater and roads
facilities. The investigations will include the drilling of sufficient boreholes for Class EA purposes
(not final design);
• Hydrogeological assessments to identify and confirm preferred well locations, to consider
potential new well sites, to assess impacts on the existing aquifers and to complete a water
balance assessment is required. The assessment may require drilling and testing (including 72
hour testing of additional wells at more than one site). The assessment will address source
water protection and impacts to groundwater. The hydrogeologist will be required to comment
on the need for a Permit to Take Water as a condition of construction;
• An assessment of the various wastewater treatment technologies, including a detailed list of the
advantages and disadvantages, that are available to achieve the effluent criteria identified by
the Ministry of the Environment;
• Assessment of the local power supply and or availability to ensure that there is 3 phase power
to the proposed Pumping Stations and Treatment facility sites;
• Noise impact study for advice on selection of preferred water, wastewater facility and road
locations (with respect to both construction and operational impacts);
• Stream geomorphology is to be assessed with respect to potential for erosion and deposition,
flooding or any potential changes in an Study Area waterbody (NVCA to be consulted).
• Assimilative capacity analysis of any waterbody where there is a proposal for effluent disposal
(NVCA and MOE to be consulted); and,
• Sub - surface effluent disposal and use of exfiltration ponds expertise.
5.2 Time -Task Template
The total budget for selected consultant fees and disbursements for this study, proposed by the selected
consultant, should cover all the selected consultant's fees and disbursements to complete all of the
tasks listed in this RFP.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 21
The consultant must complete and submit the attached Time -Task Template in Appendix A outlining the
hours, fees and disbursements for each member of the team. A copy of the template will be made
available in electronic format to consultants at the time of the distribution of this RFP. An electronic
copy of the Excel spreadsheet may be obtained by emailing Mr. Daniel Steinberg at
DanielS @davieshowe.com.
The Consultant's fees will include the following deliverables:
• Progress reports (1 -5) which will include the Public Open House summaries with responses
to comments from the public meetings;
• Background materials prepared for use by Project Team and technical agencies;
• Engagement plan for First Nations, Metis;
• Materials for publication on the Township website;
• Minutes for all meetings;
• Public Open House # land #2 materials for display, distribution, handouts, comment sheets;
• Letters to agencies, public, etc.;
• Draft and final versions of the Master Plan; and,
• Draft and final versions of the Environmental Study Report for two Schedule C projects.
Fees should include time for preparation, travel and attendance at all noted meetings. All printed
materials, including the display materials for the Public meetings, must be fully reproducible and
available to the Project Team in electronic format suitable for use on the Township website. Costs of
newspaper advertisements and room charges for the public meeting will be the responsibility of the
selected consultant.
5.3 Study Schedule
In order to confirm the consultant team's understanding of the work plan and the time allocation for
each step in the Class EA planning process; the consultant should provide a detailed work plan that
includes start and finish dates for each task, milestone events and a timeframe for major project
deliverables. Consultants are required to complete the attached Study Schedule form in Appendix B and
attach it to their proposal. An electronic copy of the Word document may be obtained by emailing Mr.
Daniel Steinberg at DanielS @davieshowe.com.
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 22
6.0 SUBMISSION OF PROPOSAL
6.1 Form of Proposal
The proposal must be prepared and submitted as described in this RFP. Six hard copies and three (3) CD
digital versions of the Proposal are required for a complete submission.
The Proposal consists of the follow ing:
• cover letter up to two pages;
• proposal up to 18 pages (font no smaller than 11 point);
• unlimited pages which include as follows:
• Time -Task Template (Appendix A, see Section 5.2);
• Study Schedule showing times and milestones for each task (Appendix B, see Section 5.3);
• Project team outline chart naming key personnel;
• CV's of key personnel; and,
• Project sheets or corporate materials (optional).
6.2 Addenda
Cover letter must acknowledge receipt of addenda. For example, include a statement as follows:
"We have received and reviewed xx addenda and our proposal reflects any changes set out in
the addenda."
If no addenda are issued, this sentence may be omitted.
6.3 Scoring Summary for Proposal Submissions
The Horseshoe Craighurst Corridor Landowners Group Inc. and the Township of Oro - Medonte will
review the submitted proposals on the on the basis of the following criteria, with the weighting given as
a percent of the total.
Criteria
%
Experience with Similar Projects
20%
• main consulting firm has direct experience with Master Plans and
Environmental Study Reports of a similar scale and is familiar with
issues and concerns in Study Area
Project Manager
20%
• knowledgeable and articulate; experience gained with projects of
similar scope
Project Methodology /Understanding
15%
• understands the Scope of Work and has clearly defined /demonstrated
a clear methodology to be used throughout the project.
Project Work Plan and Deliverables
15%
• understanding of key work plan steps, timing and deliverables
Cost
30%
• based on ranking of responding consultants using a formula to be
established by the selection committee upon receipt of proposals
(e.g., Lowest gets full 30 %, second gets 25 %, third gets 20 %, etc.)
Total
100.00%
Terms of Reference
Horseshoe Craighurst Corridor— Water, Wastewater and Roads Master Plan page 23
6.4 Mandatory Meeting
At a minimum, one representative from each consulting team is required to attend a meeting for all
responders as follows:
Wednesday June 3 at 9:30 to 11:00 am local time
Township of Oro - Medonte offices
1487 1h Line South, Oro, Ontario
A sign in sheet identifying the consultant representative for each team with consultants' signatures will be
proof of attendance. If no one from a consulting team is in attendance at the meeting, no proposal
submission will be accepted by the Trustee for that consulting team.
This meeting will provide the Township and landowners with an opportunity to give a brief presentation
relevant to the RFP and to respond to consultants' questions. No minutes for this meeting will be
provided.
6.5 Award of Consulting Services
The lowest or any proposal will not necessarily be accepted.
6.6 Addenda and Submission
All questions regarding this RFP must be directed to the Trustee at the address shown below by June 11
at 4pm. Responses to questions submitted in writing (email is acceptable) will be responded to promptly
by email. All questions and responses will be emailed to all candidate consultants in the form of an
Addendum to this RFP.
Proposals must be submitted to the Trustee at the following address by Wednesday June 18 at 4:OOpm
local time:
Mr. Daniel Steinberg
Trustee, Horseshoe Craighurst Corridor Landowners Group Inc.
Davies Howe Partners LLP Lawyers
5`h floor, 99 Spadina Avenue
Toronto ON M5V 3P8
Dan ielS(aD_davieshowe.com
Direct Line: 416.263.4505
Terms of Reference
Horseshoe Craighurst Corridor — Water, Wastewater and Roads Master Plan page 24
Appendix A
Time -Task Template
Time Task Template
Team:
Person : 1. 2. 3.
Project Team Tasks
Person
Person
Person
$ /hour
$ /hour
$ /hour
Problem Statement (Phase 1)
1. Initial review of all available background studies.
2. Refine the project schedule for the Class EA study
3. Prepare the draft problem statement in consultation with the
Project Team.
4. Prepare a draft engagement program with First Nations and Metis
in consultation with the Project Team.
7. Prepare letters to Technical Agencies, Community Liaison
Committee and identified stakeholders to outline the study purpose
and steps to be undertaken in the study, solicit initial comments
and confirm the mailing list.
Phase I Total
0
0
0
Background Review and Analysis (Phase 2)
1. Complete review of all available background studies
2. Identify proposed service areas, water demands and wastewater
generation rates and identify existing road capacity concerns
3. Identify study gaps for discussion with the Project Team and
Technical Agencies.
4. Prepare Progress Report #1
Identification of Alternative Solutions (Phase 2)
1. Complete data collection per identified study gaps
2. The Project Team will identify alternatives including combinations
of alternatives
Evaluation and Selection of Preliminary Preferred Solutions (Phase
2)
1. Assess alternatives using the selected evaluation criteria and select
preliminary preferred solutions.
2. Assess the mitigation available to address any potential impacts
and then assess the net effects (after mitigation) of each of the
alternatives
3. Identify the preliminary preferred alternatives or combination of
alternatives
5. Host Community Liaison Committee #1
6. Presentation to the Township of Oro - Medonte Planning Committee
and /or Council, as required.
7. Prepare Progress Report #2
Public Consultation (Class EA, Phase 2)
1. Prepare a letter to all persons on the mailing list (i.e., public,
stakeholders and technical agencies) and publish notices in local
A -1
Project Team Tasks
Person
Person
Person
$ /hour
$ /hour
$ /hour
newspapers
2.Host a Public Open House #1 to solicit public comments and
suggestions on the following:
3. Prepare Progress Report #3
Master Plan Documentation (Phase 2)
1.Document the results of the study by compiling Progress Reports
#1 -3 into a single Master Plan document.
3. Finalize the Master Plan and provide 12 hard copies and 3 CD's
4. Notice of Completion for the Schedule B Projects published for the
required 30 day review
5. Allocate 10 hours of time for the Project Manager to review and
comment on written comments resulting from the Notice of
Completion.
6. Allocation for 1 First Nations /Metis meeting and 2 stakeholders
meetings in Phase 2
7. Allocation for 3 Project Team meetings in Phase 2
Phase 2 Total
0
0
0
SEE SECTION 3.7 O�F RFP
Master Plan Review and ESR Start up (Class EA Phase 3)
1. Review of Master Plan recommended Schedule C projects
2. Identify alternative design concepts including combinations of
design solutions which would address the preferred solutions
identified in the Master Plan.
3. Identify study gaps for discussion with the Project Team and
Technical Agencies.
5. Prepare Progress Report #4.
Evaluation and Selection of Preliminary Preferred Design Concepts
(Phase 3)
1. Assess alternatives using the selected evaluation criteria and select
preliminary preferred solutions.
2. Assess the mitigation available to address any potential impacts
and then assess the net effects (after mitigation) of each of the
alternative design concepts.
3. Identify the preliminary preferred alternative design concepts and
address the advantages and disadvantages of each.
5. Host Community Liaison Committee #2
6. Presentation to the Township of Oro - Medonte Planning Committee
and /or Council.
Public Consultation (Phase3)
1. Send correspondence to all persons on the mailing list (i.e., public,
stakeholders and technical agencies) and publish notices in local
newspapers
2. Host Public Open House #2
Wffio�
Project Team Tasks
Person
Person
Person
$ /hour
$ /hour
$ /hour
3. Prepare Progress Report #5
Phase 3 Total
0
0
0
Environmental Study Report Documentation
1. Document the results of the study by compiling Progress Reports
#4 -5 into a draft Environmental Study Report document
3. Finalize the ESR and provide 12 hard copies and 3 CD's
4. Notice of Completion will be published in two editions of the local
newspaper and will be posted on the Township web site.
5. Following the 30 -day public review period, the selected consultant
will allocate 10 hours of time for the Project Manager to review and
comment on written comments resulting from the Notice of
Completion.
6. Allocation for 1 First Nations /Metis meeting and 2 stakeholders
meetings in Phase 3
7. Allocation for 3 Project Team meetings in Phases 3 -4
Phase 4 Total
0
0
1 0
Subtotal of hours
0
0
0
Hourly Rate
Fees Total
$ _
$ _
$ _
Expenses (e.g., travel for _ meetings @ $_)
Sub -total of Fees and Expenses
$ -
$ _
$ _
Total team Fees and Expenses
$ _
HST @ 13%
$ _
1 $ T$
_
Total per person
$ _
$ _
$ _
Total of this Estimate
$ _
A -3
Appendix B
Study Schedule
Study Schedule
Phase and Project Team Tasks
I Start
I Milestone
End
Start Up (Phase 1)
June 2014
• Project Team #1: review problem or opportunity statement
Alternatives Evaluation & Master Plan (Phase 2 )
• compilation of environmental conditions including social, natural,
technical
• identification and review of feasible alternatives
• identification of best practices and mitigation measures to
address potential negative environmental effects
• evaluation of alternatives based on selected evaluation criteria
and input from the agencies
• need for any additional background studies should be confirmed
and initiated if required
• Project Team #2: Review preferred alternatives' evaluation,
confirm arrangements for Public Information Centre
• selection of the preliminary preferred solutions
• presentation at Township of Oro - Medonte Committee or Council
• Public Open House #1
• Draft Master Plan
• Project Team #3: review draft Master Plan
• Final Master Plan
• Notice of Completion for Schedule B projects/ address Part II
SEE SECTION 3.7 Of RFP
Alternative design concepts Evaluation & ESR (Phase 3 -4)
• identification and review of feasible alternative design concepts
• identification of best practices and mitigation measures to
address potential negative environmental effects
• Project Team #4: Review of alternatives, agency consultation,
environmental conditions, evaluation criteria
• evaluation of alternatives based on selected evaluation criteria
and input from the agencies
• need for any additional background studies should be confirmed
and initiated if required
• Project Team #5: Review preferred alternatives' evaluation,
confirm arrangements for Public Open House #2
• selection of the preliminary preferred solutions
• presentation at Township of Oro - Medonte Committee or Council
• Public Open House #2
• Draft Environmental Study Report
• Project Team #6: review draft ESR
• Final Environmental Study Report
• Notice of Completion for Schedule C projects /address Part II
B -1
Appendix C:
References
References
Growth Plan for the Greater Golden Horseshoe
Provincial Policy Statement, 2014
Township of Oro - Medonte
• Official Plan;
• By -laws, policies and standards;
• Existing and proposed development proposals and related studies;
• Existing and future land -use density objectives;
County of Simcoe Official Plan (adopted and in- force), bylaws, policies and standards;
Relevant County of Simcoe transportation documents, plans, and by -laws including but not limited to
the following:
• County of Simcoe Transportation Master Plan (ongoing)
• County of Simcoe Horseshoe Valley Road Class EA Study (ongoing)
• Average Annual Daily Traffic counts, and,
• Setback, Entrance, Sign, and Development Charges By -laws.
Horseshoe Valley Settlement Node Lands
Existing Trunk Sewer — Colour Photo, C.F. Crozier & Associates Inc., April 2007
Existing Water Systems — Colour Photo, C.F. Crozier &Associates Inc. April 2007
Horseshoe Resort Sewage Treatment Plant Limited Status and Capacity Review, KMK Consultants
April 2007
Horseshoe Resort Engineering Opinion for Due Diligence, C.F. Crozier & Associates Inc., April 2007
Due Diligence Planning Analysis, MHBC, April 2007
Horseshoe Valley Resort: CDP Preliminary Engineering Report, URS Canada Inc., June 2003
Supplementary Hydrogeological Assessment, Terraprobe Limited, July 2003
Traffic Assessment Report for the Horseshoe Valley Settlement Node Lands, URS Cole Sherman
February 2003
Hydrogeological Assessment Horseshoe Resort, Terraprobe Limited, February 2003
Horseshoe Resort: CDP Design Report, IBI Group, February 2003
Horseshoe Valley Resort: CDP Functional Servicing Report, URS Cole Sherman, February 2003
Horseshoe Resort: CDP Planning Analysis PK Menzies Planning & Development Inc., February 2003
C -1
Horseshoe Valley Resort
Horseshoe Valley Resort WWTP Capacity Review, Gerritts Engineering, April, 2014
Horseshoe Valley Resort WWTP — Ability to Accommodate Development, Tetra Tech (Revised March
2012)
Horseshoe Valley WWTP — Plant Capacity Expansion (Interim Report), Tetra Tech, July 2012
Water Supply and Distribution System Assessment, Cole Engineering, June 2011
Existing Water Supply System — Schedule, Cole Engineering June 2011
Horseshoe Valley Sewage Treatment Plant Capacity Assessment, Cole Engineering June 2011
Letter Report: Review of Horseshoe Valley Development and Wastewater Capacity, Tetra Tech July
2011
Horseshoe Valley Resort WWTP — Ability to Accommodate Development, Tetra Tech, September,
2011
Live Work Learn Play/ Design Concepts and Development Strategy, MHBC /UDA June 2009
Skyline Horseshoe Valley Inc.
Cole Sherman Traffic Assessment Report for the June 2000
System Inventory Report Horseshoe Valley Water System, R.G. Robinson and Assoc., June, 1990
Craighurst Land Corp.
Stage 1 -2 Archaeological Assessment, AMICK, November, 2008
Preliminary Geotechnical Investigation, Golder Associates, July, 2008
Phase 1 Environmental Site Assessment, Golder Associates, June, 2008
Craighurst Secondary Plan Environmental Study Report, TSH, April, 2008
Natural Heritage Due Diligence, Beacon Environmental, January, 2008
Master Servicing Report, TROW, March, 2005
C -2
SCHEDULE «p,,
ESTIMATED COSTS
HORSESHOE CRAIGHURST CORRIDOR MASTER PLAN
Cole Engineering Group Ltd.
In. association with Greenland International Consulting Ltd.
Description
Estimated
Fees & Expenses
Completion of Phases 1 -2 of the required Class EA
$649,676.80
Study for water, wastewater and roads as outlined in
approved Cole - Greenland proposal including, but not
limited to:'
• Project Initiation (Phase 1)
• Background Review and Analysis (Phase 2)
• Master Drainage Plan and Assimilative
capacity study using CANWET model
• Adaptive management
• first Nations engagement and public
consultation
HST
$84,457.98
Total
$734,134.78
SCHEDULE "E"
OWNERS' PROPORTIONATE SHARES
Craighurst Land Corporation
141.00
24.87%
Horseshoe Valley Lands Limited
143.79
25.37%
Kellwatt Limited and .
50.00
8.82%
Fred Grant Square Ltd.
Skyline Horseshoe Valley Inc.
232.06
40.94%
TOTAL
566.85
100.00%
r-
SCHEDULE "F
OWNERS' CONTACT INFORMATION
Craighurst Land Corporation
_
c/o Shauna Dudding
Geranium Corporation
3190 Steeles Ave E., Suite 300
Markham, ON L3R 1G9
Fax: 905 -477 -1279
E -mail: shaunad @geraniumcorporation.com
Horseshoe Valley Lands Limited
C/o Jim Cooper
1101 Horseshoe Valley Road
Comp. #50
Barrie, ON 1_4M 4Y8
Fax: 705 - 835 -6743
E -mail: jimccooper0l@gmail.com
Kellwatt Limited
Fred Grant Square Ltd.
c/o David White
100 -95 Barber Greene Road
Toronto, ON M3C 3E9
Fax: 416- 449 -7071
E -mail: david.white @devrylaw.ca
Skyline Horseshoe Valley Inc.
c/o Matthias Schlaepfer
Skyline Executive Acquisitions Inc.
90 Eglinton Ave. E., Suite 800
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Toronto, ON M4P 2Y3
Fax: 416- 368 -3572
E -mail: matthiass @skylineinvestments.com
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