COST ESTIMATE and LETTER OF CREDIT FOR SITE DEVELOPMENT WORKS. PREPARED BY CSD-Planning Division. City of Kitchener- Letter of Credit (2017)

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1 This information is available in accessible formats upon request. Please call or TTY for assistance. COST ESTIMATE and LETTER OF CREDIT FOR SITE DEVELOPMENT WORKS PREPARED BY CSD-Planning Division

2 SITE DEVELOPMENT WORKS Requirements for Cost Estimate and Letter of Credit For development proposals approved under Section 41 of the Planning Act ( Site Plan Approval ), the City may require the posting of performance securities, such as a Letter of Credit to be held against the completion of required site development works. This security is most commonly in the form of a Letter of Credit. The City of Kitchener shall accept only the following approved securities: i) Letter of Credit (in prescribed form acceptable to the City Solicitor) issued by a Schedule I bank, Schedule II bank, Schedule III bank or Trust Company with a DBRS rating is R-1 (middle or high) or AAA, AA (low, middle or high) (or its equivalent if unavailable). ii) Letter of Credit (in prescribed form acceptable to the City Solicitor) issued by a Credit Union provided that: i) The Credit Union is verified as a member of the Central 1 Credit Union ii) The Central 1 Credit Union (rated R-1 (middle) maintains or improves on their rating) iii) The Credit Union has its Head Office in Ontario iv) The cumulative Letter of Credit do not exceed 1% of the Credit Union s Tier 1 Capital as per the Credit Union s most recent audited financial statements. If a Letter of Credit was previously accepted in accordance with the above, and the institution has since been downgraded and no longer meets the minimum requirements, the City may request a new acceptable Letter of Credit. forms of performance security, acceptable to the City Treasurer and City Solicitor, may be substituted (e.g. cash or a certified cheque made out to the City of Kitchener) The developer should contact Bev Grant-Campbell ext-7858 in advance of obtaining their Letter of Credit, in order to have the DBRS rating checked and pre-cleared. There are two alternatives for calculating the amount of the required Letter of Credit: 1. Complete a cost estimate for 100% of the cost of the site development works can be either itemized or lump sum include cost and installation of on-site and off-site development items 1-9 (listed below) as shown on the approved plans include cost of Project Management/Coordination, Site Supervision/Inspection of all required installations include cost of Certification of Compliance with the Site/Landscaping, CPTED Report, Grading and Storm Water Management, Outdoor Lighting Plans, and Noise Studies cost estimate is to be approved by the Manager of Site Development and Customer Service, Planning Division upon approval of cost estimate, the Letter of Credit may be submitted for 50% of the cost of all site development works to be installed by the developer 2. Fast Track Calculation does not require an itemized cost estimate saves time prior to the issuance of final site plan approval establishes the amount of the Letter of Credit based on the area of the lot, and the type of land use

3 1. Grading Rough Grading Erosion Control Site Development Works to be Installed by the Developer 2. Stormwater Management SWM Quantity Control SWM Quality Control 3. Servicing Storm Servicing Sanitary Servicing (included in calculating site plan review fee, excluded from letter of credit calculation) Water Servicing (included in calculating site plan review fee, excluded from letter of credit calculation) 4. Surfacing 5. Curbing 6. Vegetation Site Plantings SWM Pond Plantings Ground Cover 7. Landscape 8. Lighting 9. Consultant Fees Public Agencies Letters of Credit or other forms of financial securities will not apply to the City or any local board thereof, the Regional Municipality of Waterloo or any local board thereof, the Hydro-Electric Commission of Kitchener-Wilmot, the Waterloo Region District School, The Waterloo District Catholic School Board, or the Federal or Provincial Government or any crown agency thereof, or hospitals as defined in the Public Hospitals Act, R.S.O Development approvals for such agencies may be subject to the following Council requirement: A cost estimate and plan review fees will be required. That, in the event that the facilities or improvements required by the Agreement are not completed prior to occupancy, as specified by this agreement, due to adverse weather conditions or other extenuating circumstance, occupancy will be approved, provided that a Letter of Undertaking and Indemnity is given by the Owner to the City s Director of Planning agreeing to complete the outstanding site work within a specified time.

4 Letter of Credit Itemized Cost Estimate For: 100% Site Development Costs The following form is to be filled out by the Project Consultant(s) and submitted to the City of Kitchener, Planning Division for review. Date: Site Plan Number: Project Name: Address: Owner: Prepared by (Consultant(s)): Prime Consultant 1 Subconsultant - Civil Subconsultant - Lighting Subconsultant - Landscape Subconsultant - CPTED Subconsultant - Note: All estimated costs below to include material and installation costs of on-site and off-site works. FOR RELEASE OF SECURITIES 2 ITEM 1 GRADING a) Rough Grading Mobilization/demobilization Temporary site trailer Clearing and grubbing Topsoil stripping and stockpiling Pre-grading Import/export of soil Temporary site entrance Removals & disposals UNITS UNIT PRICE COST COMPLETE OUTSTANDING b) Erosion Control Silt fencing Temporary sedimentation ponds Catchbasin/manhole protection Tree protection fencing Temporary protective fencing Entrance protection (mud mat) Hickenbottom Temporary flow check dam Rip-rap Site maintenance 3

5 FOR RELEASE OF SECURITIES 2 ITEM UNITS UNIT PRICE COST COMPLETE OUTSTANDING 2 STORMWATER MANAGEMENT a) SWM Quantity Control Orifice Weir Infiltration chamber Cistern Pond grading Inlet structure Outlet structure Roof top storage device Access road Fencing Monitoring and sampling Pond cleanout and maintenance Rip-rap LID's (green roofs,bio swales, etc) b) SWM Quality Control Infiltration ponds/swales Sedimentation chambers Stormwater cooling facility Oil grit separator 3 SERVICING 4 Storm Servicing Catchbasin Double catchbasin Catchbasin manhole Ditch inlet catchbasin Storm manhole Splitter manhole Subdrains dia Storm sewer dia Storm sewer dia Storm sewer Pipe insulation Cleanout

6 ITEM Sanitary Servicing Sanitary Manhole Cleanout dia Sanitary Sewer dia Sanitary Sewer Pipe Insulation UNITS UNIT PRICE FOR RELEASE OF SECURITIES 2 COST COMPLETE OUTSTANDING Water Servicing Valves and Appurtneances dia Water Pipe Hydrant Metering 4 SURFACING Gravel areas Granular bases for pavement Concrete pavement Concrete pavement coloured Asphalt pavement Asphalt walkway Asphalt coloured Concrete sidewalk Pavement markings 5 CURBING Porta curbs Barrier curb Barrier curb & gutter Mountable curb & gutt er 6 VEGETATION a) Site Plantings (Botanical Name and Size)

7 ITEM UNITS a) Site Plantings (Botanical Name and Size) cont d UNIT PRICE FOR RELEASE OF SECURITIES 2 COST COMPLETE OUTSTANDING b) SWM Pond Plantings (Botanical Name and Size) c) Ground Cover Topsoil & sod Topsoil & seed SWM Pond topsoil & seed Mulch Geotextile fabric Edging Planting bed preparation Growing Media (min 10m3/tree) 7 LANDSCAPE Fencing Decks & patios Retaining wall Recycling and garbage enclosure Planter Play area and equipment Bike rack Irrigation system Site furniture Multiple Unit Identification Sign Noise Barrier Brick pavers Patio stones

8 ITEM UNITS UNIT PRICE FOR RELEASE OF SECURITIES 2 COST COMPLETE OUTSTANDING 8 LIGHTING Wallpack Pole, base and luminaire Electrical, conduit and wire 9 CONSULTING FEES (To Include: A minimum of 6% of sub totals is required, including Tendering, Project Management, Site Supervision, Inspection, Certification, ) Engineering Landscaping Lighting Acoustical CPTED Total Estimated Cost $ Total Works Outstanding $ Site Plan Review Fee (5% of Total Estimated Cost) $ Total Estimated Cost (excluding water and sanitary sewer) 5 $ Letter of Credit Required (50% of Total Estimated Cost) $ 1 The Prime Consultant is the contact for the City and is responsible for arranging sub-consultants as needed. 2 Release of any securities cannot be applied for until over 50% of the site development works have been completed. Letter of Credit will not be reduced below 50% of original letter of credit amount or $250,000 whichever is the lesser until all works are complete and all conditions have been met. 3 Includes: dust control, street cleaning, erosion control maintenance and removal. 4 Servicing Items to include all servicing related costs except for the portion to be installed and restored by City forces between the main and the subject property line. 5 Letter of credit is based on total estimated cost excluding water and sanitary sewers, however, site plan review fee includes the water and sanitary sewers as these are items reviewed by City staff. Click here for spreadsheet version

9 LETTER OF CREDIT BASED ON LOT AREA & USE If an itemized cost estimate is not completed the following formulae may be used for calculating the value of a required letter of credit: For new development, the amount of the letter of credit shall be based on the following, which may or may not represent 50% of the total cost of all site development works, but in no case shall the amount be less than $100,000.00: Residential: Industrial: Institutional: Commercial: $416,160. per hectare $312,120. per hectare $312,120. per hectare $416,160. per hectare For additions, alterations or additional buildings on developed sites, the amount of the letter of credit shall be based on the following, which may or may not represent 50% of the total cost of all site development works, but in no case shall the amount be less than $50,000.00: Residential: Industrial: Institutional: Commercial: $208,080. per hectare $156,060. per hectare $156,060. per hectare $208,080. per hectare After satisfactory completion of all site development works and receipt of all required certification forms, the total amount of security held by the City shall be released. Subsequent to the provision of performance securities based on the calculations above, a cost estimate may be submitted for approval in order to allow for partial reductions in the letter of credit.

10 BANK EXAMPLE OF IRREVOCABLE LETTER OF CREDIT To be typed on bank letterhead (name of Kitchener-Waterloo branch) LETTER OF CREDIT NO: DATE: TO: THE CORPORATION OF THE CITY OF KITCHENER UNCONDITIONAL IRREVOCABLE LETTER OF CREDIT We hereby authorize you to draw on the NAME OF BANK, KITCHENER-WATERLOO BRANCH for account of NAME OF CLIENT an aggregate amount of AMOUNT WRITTEN OUT IN FULL ($AMOUNT) DOLLARS of lawful money of Canada available by drafts at sight. Pursuant to the request of our customer NAME, we hereby establish and give to you an irrevocable letter of credit in your favour pursuant to an Agreement between the Corporation of the City of Kitchener and NAME ON SECTION 41 AGREEMENT dated the DAY of MONTH, YEAR, with respect to ADDRESS OF SITE in the total amount of AMOUNT WRITTEN IN FULL ($AMOUNT) DOLLARS, which may be drawn on by you at any time and from time to time upon written demand for payment made upon us by you, which demand we shall honour without enquiring whether you have a right as between yourself and our said customer, to make such demand and without recognizing any claim of our said customer. This letter of credit will continue in full force and effect for one year from the date hereof and thereafter from year to year unless we notify you in writing by registered mail not less than 30 days prior to the expiration of each year s term that this letter of credit will not be renewed. Upon receipt by you of such notice you may draw hereunder. Partial drawings are permitted. Drafts must be drawn at any time not later than the close of business at our counters on the date upon which this letter of credit will expire. Drafts shall state on their face that they are drawn under the NAME OF BANK, KITCHENER- WATERLOO BRANCH Letter of Credit No. dated the day of, 20. The amount of this letter of credit may be reduced from time to time as you advise us by notice in writing. We hereby agree with the drawers, endorsers and bona fide holders of the bills drawn in compliance with the terms of this letter of credit that the bills shall be duly honored upon presentation to us. ASSISTANT MANAGER MANAGER

11 Letter of Credit Release 1. The securities posted based on a cost estimate are to cover 50% of the cost of all site development works. Therefore, full or partial release of any securities cannot be applied for until over 50% of the site development works have been completed. 2. Any request for full or partial release of the letter of credit must be supported by the following documentation, which certifies that the site development works have been completed in accordance with the approved plans: a) A Site Development Works Certification Form for items #1-5 (SWM/Grading) from the Engineering Consultant who prepared the plan must be sent to: Engineering Technologist Engineering Division, 9 th Floor City of Kitchener, City Hall P.O. Box King Street West Kitchener, Ontario N2G 4G7 With copies to: (i) Administrative Assistant to the Director of Building Community Services, Building Division 5 th Floor (ii) Urban Designer, Planning Division 6 th Floor Community Services b) A Site Development Works Certification Form for items #6-7 from the Landscape Architect/ Consultant who prepared the Landscape Plan. c) A Site Development Works Certification Form for the site lighting (item #8) from the Lighting Engineer/Consultant who prepared the Lighting Plan. d) A Site Development Works Certification Form for the site noise from the Engineer/Consultants who prepared the Noise Study. These above noted forms must be sent to: Urban Designer, Community Services, Planning Division, 6th Floor P.O. Box King Street West Kitchener, Ontario N2G 4G7 e) A Site Development Works Certification Form from the CPTED Consultant (item #9) verifying the CPTED measures have been implemented in accordance with the approved report must be sent to: Planning Technician (Site Development) Community Services, Planning Division, 6th Floor P.O. Box King Street West Kitchener, Ontario N2G 4G7

12 Letter of Credit Release Letter of Credit Release (cont d) 3. Upon receipt of the five above noted forms, the Community Services Department will make an inspection to verify that the Site Development Works are installed in accordance with the approved plans. Should we find any discrepancies and/or deficiencies, an inspection report will be issued to the owner and the appropriate consultant(s). Any revisions to the approved Site, Landscaping, Tree Management, Lighting plans, CPTED Report and/or Noise studies require approval from the Manager of Site Development and Customer Service prior to installation of the works. Upon completion of the items outlined in the inspection report, the applicant shall notify the Community Services Department for further inspection in order to obtain a final release of the security. If more than one (1) inspection must be carried out to obtain a complete release of the security for site development works, an additional inspection fee will be required to be paid in advance. All site development works are to be maintained and all plant material is to be in a healthy vigorous state for approval. A landscape contractor s plant material guarantee is not acceptable to receive release related to dead or poor condition plant material. 4. Final acceptance of the site development works by the City may occur between May 1st and Oct.31st only. Due to environmental conditions, final inspection and/or acceptance of the installation of plant material, sodding and/or seeding may not be possible between November 1st and April 30th. Consequently between these months, it may not be possible to reduce the portion of the Letter of Credit held to ensure satisfactory completion of the installation of plant material, sodding and/or seeding. The reduction to the Letter of Credit will be based on the amount of site and landscape works that the Community Services Department is able to assess at the time of the site inspection. Please note that a reduction to the Letter of Credit does not necessarily constitute full acceptance of any of the site development works. The City will not reduce the Letter of Credit below 25% of the cost of all site development works (50% of `the value of the original letter of credit) or $250,000 whichever is the lesser, until the City has received all required Site Development Works Certification Forms, giving complete certification of the site, and the City is in complete agreement with the certification.

13 SITE DEVELOPMENT WORKS CERTIFICATION FORM FOR PROFESSIONAL ENGINEER/CONSULTANT For item number 1a, 1b, 2a, 2b, 3, 4, 5 on the Itemized Cost Estimate Form Date: Project Name: Site Address: Owner s Name: I, of Certify to the City of Kitchener that the following Site Development Works for the grading and storm water management scheme, as submitted and subsequently reviewed by the Community Services Department on, has been implemented and constructed in general accordance with all applicable Policies and Guidelines of the City of Kitchener. PLANS: Servicing plan Grading plan SWM plan SWM analysis WORKS: 1 GRADING a) Rough Grading Mobilization/demobilization Temporary site trailer Clearing and grubbing Topsoil stripping and stockpiling Pre-grading Import/export of soil Temporary site entrance Removals & disposals b) Erosion Control Silt fencing Temporary sedimentation ponds Catchbasin/manhole protection Tree protection fencing Temporary protective fencing Entrance protection (mud mat) Hickenbottom Temporary flow check dam Rip-rap Site maintenance 3 DATE OF CITY ACCEPTANCE DOLLAR VALUE OF OUTSTANDING WORK DATE OF COMPLETION/INSPECTION DATE OF COMPLETION/INSPECTION

14 WORKS: 2 STORMWATER MANAGEMENT a) SWM Quantity Control Orifice Weir Infiltration chamber Cistern Pond grading Inlet structure Outlet structure Roof top storage device Access road Fencing Monitoring and sampling Pond cleanout and maintenance Rip-rap b) SWM Quality Control Infiltration ponds/swales Sedimentation chambers Stormwater cooling facility Oil grit separator 3 SERVICING 4 Storm Servicing Catchbasin Double catchbasin Catchbasin manhole Ditch inlet catchbasin Storm manhole Splitter manhole Subdrains dia Storm sewer dia Storm sewer dia Storm sewer Pipe insulation Cleanout DOLLAR VALUE OF OUTSTANDING WORK DATE OF COMPLETION/INSPECTION

15 WORKS: 4 SURFACING Gravel areas Granular bases for pavement Concrete pavement Concrete pavement coloured Asphalt pavement Asphalt walkway Asphalt coloured Concrete sidewalk Pavement markings 5 CURBING Porta curbs Barrier curb Barrier curb & gutter Mountable curb & gutter DOLLAR VALUE OF OUTSTANDING WORK DATE OF COMPLETION/INSPECTION Please note all deviations from the design drawing below (e.g. increase in paved areas, shortage of pond volumes, roof drains, orifice installation, grade elevations at road right-of-way etc). Additional details may be required prior to the City accepting the certification. Professional Engineer/Consultant Signature: Date: AFFIX SEAL cc: Owner Landscape Architect/Consultant Lighting Engineer/Consultant Acoustical Engineer/Consultant CPTED Consultant PLEASE NOTE: This document is to be submitted on the Professional Engineer/Consultant letterhead.

16 This information is available in accessible formats upon request. Please call or TTY for assistance. SITE DEVELOPMENT WORKS CERTIFICATION FORM FOR LANDSCAPE ARCHITECT/DESIGNER For items numbered 6 and 7 on the Itemized Cost Estimate Form NOTE: The Site Development Works Certification Form for item number 1a, 1b, 2a, 2b, 3, 4, 5 from the Professional Engineer/Consultant must be submitted and have full and final certification prior to the submission of this form. Date: Project Name: Site Address: Owners Name: I, of certify to the City of Kitchener that the following applicable site development works, as submitted and subsequently reviewed by the Community Services Department have been installed and maintained in accordance with the City approved plans and reports and any subsequent City approved amendments to such plans and reports. ON SITE: Plant material & installation Topsoil spreading fine grading, sodding and seeding Landscape structures, including: -fencing -retaining walls -garbage/recycling enclosures -planters -play area & equipment Landscape paving materials Irrigation System OFF SITE: Boulevard works including: -fine grading and sodding or other DOLLAR VALUE OF OUTSTANDING WORK DOLLAR VALUE OF OUTSTANDING WORK DATE OF COMPLETION/ INSPECTION DATE OF COMPLETION/ INSPECTION

17 Please note all deviations from the design drawings below (all deviations to city approved plans are to be listed, i.e. change in plant material, extent of paving or any other item that has not been constructed in accordance with the city approved drawings and reports.) Additional details may be required prior to the City accepting the certification. Landscape Architect/Consultant Signature: AFFIX SEAL Date: cc: Owner SWM/Grading Engineer/Consultant Lighting Engineer/Consultant Acoustical Engineer/Consultant CPTED Consultant PLEASE NOTE: This document is to be submitted on the Landscape Architect/Designer s letterhead. Due to environmental conditions, final acceptance by the City of the Installation of plant material, sodding or seeding may not be carried out between November 1 and April 30.

18 SITE DEVELOPMENT WORKS CERTIFICATION FORM FOR LIGHTING ENGINEER/CONSULTANT For item 8 on the Itemized Cost Estimate Form Date: Project Name: Site Address: Owner s Name: I, of certify to the City of Kitchener that all outdoor lighting fixtures for this development have been installed and maintained in accordance with the City approved plans and any subsequent City approved amendments to such plans and reports: I further certify that: a) no additional outdoor lights have been installed. b) the illumination levels and uniformity ratios on site have been satisfied within generally accepted tolerances of the above noted plan. c) the lighting distribution pattern has not caused any veiling luminance (disability glare). d) no significant encroachment of light (0.5 Foot-candles or greater) or objectionable glare upon any adjacent property and that no light sources are visible from any adjacent residential site. Please note all deviations from the design drawings below (all deviations to city approved plans are to be listed, i.e. change in mounting height, light source type, model number, aiming direction, distribution patterns, location of poles). Additional details may be required prior to the City accepting the certification.

19 Lighting Engineer/Consultant Signature: AFFIX SEAL Date: cc: Owner SWM/Grading Engineer/Consultant Landscape Architect/Consultant Acoustical Engineer/Consultant CPTED Consultant PLEASE NOTE: This document is to be submitted on the Lighting Engineer/Consultant s letterhead.

20 SITE DEVELOPMENT WORKS CERTIFICATION FORM FOR ACOUSTICAL STUDY ENGINEER/CONSULTANT Date: Project Name: Site Address: Owners Name: I of certify to the City of Kitchener that the recommendations/findings of the noise study have been installed on site. There are no noise levels above the maximum levels specified in the City s Urban Design Standards and Policies from the stationary source (intercom ordering station), at the property line with adjacent residential and/or institutional land uses All required noise mitigation measures required by the Noise Study have been installed correctly and are functioning as designed. Acoustical Study Engineer/Consultant Signature: AFFIX SEAL Date: cc: Owner SWM/Grading Engineer/Consultant Lighting Engineer /Consultant Landscape Architect/Consultant CPTED Consultant PLEASE NOTE: This document is to be submitted on the Acoustical Study Engineer/Consultant s letterhead.

21 SITE DEVELOPMENT WORKS CERTIFICATION FORM FOR CPTED CONSULTANT Date: Project Name: Site Address: Owners Name: I, of certify to the City of Kitchener that the recommendations/findings of the CPTED Report approved by the City of Kitchener have been installed on site. All required CPTED measures approved in the CPTED Report have been installed correctly and are functioning as designed. ON SITE: Access Control DOLLAR VALUE OF OUTSTANDING WORK DATE OF COMPLETION/ INSPECTION Surveillance Territorial Reinforcement Maintenance Please note all deviations from the design drawings below (all deviations to city approved plans are to be listed, i.e. change in plant material, extent of paving or any other item that has not been constructed in accordance with the city approved drawings and reports.) Additional details may be required prior to the City accepting the certification.

22 CPTED Consultant Signature: AFFIX SEAL Date: cc: Owner SWM/Grading Engineer/Consultant Landscape Architect/Consultant Lighting Engineer/Consultant PLEASE NOTE: This document is to be submitted on the CPTED Consultant s letterhead. Due to environmental conditions, final acceptance by the City of the Installation of plant material, sodding or seeding may not be carried out between November 1 and April 30.