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HomeMy WebLinkAboutFND-002-08 ClfJ!iJ1gton REPORT FINANCE DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday January 21,2008 Resolution #: ~p f}-(;7~.. 0& Date: Report #: FND-002-08 File#: By-law #: Subject: EFW - Peer Review & Economic Studies Costs to Date Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report FND-002-08 be received; and 2. THAT the estimated funding of $100,000 required for Energy From Waste Studies in excess of the Region of Durham funding of $300,000 be financed from the ImpacVEscrow Reserve Fund. Submitted by: Reviewed byd ~,,,.KJ)---.i~L.c Franklin Wu, Chief Administrative Officer. a' J. Crome, M.C.I.P.,R.P.P Director of Planning Services NT/DC/LB/FL/hjl REPORT NO.: FND-002-08 PAGE 2 BACKGROUND AND COMMENT: 1.0 When Clarington was short-listed as a potential site for the Region of Durham's proposed Energy from Waste (EFW) facility, Council approved Report PSD-070-07 to provide direction to Municipal staff for work to be undertaken on peer reviews as part of the Environmental Assessment process and economic studies as part of a host community negotiation process. 1.1 On May 28, 2007 Council approved the following resolution (excerpts): THAT Staff be instructed to carry out the requirements of Resolution #C-211-07 by preparing studies in accordance with the scope of work set out in Report PSD-070-07; THAT Mr. Steven Rowe be retained to undertake the scope of work as outlined in Section 4.2 (Site Selection) and Section 4.4 (Gap Anaiysis) of Report PSD-070-07, and further to advise on the scope of work set out in Section 5.1 (Oversight of Technology Procurement Process) and 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT SENES Consultants Limited be retained to undertake the scope of work as outlined in Section 5.1 (Oversight of Technology Procurement Process) of Report PSD- 070-07, and further to assist with the scope of work set out in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT AMEC E&C Services Ltd. Be retained to undertake the scope of work as outlined in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07; THAT C.B. Richard Ellis Ltd. Be retained to undertake the scope of work set out in Section 6.1 (Impact on Clarington Energy Business Park) and Section 6.2 (Impact on Assessment Base) of Report PSD-070-07 and further to assist with the scope of work set out in Section 6.3 (Community Stigma); THAT the Director of Finance be authorized to retain a multi-disciplinary accounting firm to undertake the scope of work set out in Section 6.3 (Community Stigma) and Section 6.4 (Host Community Agreement) of Report PSD-070-07; THAT the Municipal Solicitor and Consulting Engineer (Totten Sims Hubicki) provide information, professional opinion, estimates and advice as deemed appropriate. THAT the Directors of Finance and Planning Services be instructed to strike a committee comprised of Clarington staff and consultants similar in composition to the Region of Durham's committee in order to facilitate discussions related to the Host Community Agreement on a without prejudice basis to the Municipality's decision on whether to be a willing host; THAT the Directors of Finance and Planning Services be instructed to take any additional actions or retain any additional consultants deemed necessary to ensure the Municipality has carried out its due diligence; THAT the peer reviews and studies referenced in Report PSD-070-07 be deemed to be part of the "necessary studies" to complete due diligence as referenced in the motion approved by Durham Region Council on April 18. 2007, and that the Director of Finance REPORT NO.: FND-002-08 PAGE 3 be directed to recover these due diligence costs from the Region of Durham as set out in their motion. 1.2 On April 18, 2007, Council for the Regional Municipality of Durham adopted the following: "That each respective Region shall provide adequate funding to any of the potential host communities located within their respective Region. And further, that such adequate funding shall include the costs of all necessary studies and legal advice incurred by the potential host community to investigate and complete its due diligence in arriving at its decision whether or not it will become a host community for the EFW facility. And further, the total of such costs shall be deducted from the combined royalty fee, if any and not otherwise." 1.3 On June 20, 2007 Council for the Regional Municipality of Durham limited their approval of funding of the Municipality of Clarington's necessary due diligence studies with the following motion: "THAT the maximum amount of $200,000 for peer review, with an additional amount of up to $100,000 contingent upon Clarington finalization of terms of reference for local impact studies. With disbursement of the Regional funding subject to approval of the Regional Treasurer, with concurrence from the Commissioner of Works and regular reporting of the expenditures to the Regional Council through the Finance & Administration Committee." 1.4 Staff proceeded on the direction of Clarington council as set out in PSD-070-07 and provided an estimate that due to the nature of the work involved, costs could reach $500,000. It is difficult to determine costs for peer reviews as it is a responsive process not a pre-defined project or specific study. Fee based contracts were entered into based on the approved bylaws with minimum estimates for Mr. Rowe, SENES and AMEC. Stipulated price contracts were let for the portions of work set out under the economic studies as specific definable parameters could be detailed and they were not part of the evolving EA process. The professional opinion and advice required from TSH and the Municipal Solicitor form part of their overall contract with the Municipality so no estimate was obtained for these services, especially since it was difficult at the time to determine what would be required. 1.5 The purpose of this report is to update council on the financial costs of the studies to date. A summary is attached as Schedule "A". REVIEW OF FINANCIAL STATUS Peer Review Studies 2.0 Peer Review is the process by which professional work is reviewed by the author's peers (i.e. other experts in the same field). The peer review process is intended to improve the quality of the author's work and ensure that it meets the standards and expectations of their discipline. The contracts entered into with the peer review consultants contained a minimum estimate of the work that would have to be performed and hourly rates. At the time the estimates were obtained, it was not anticipated that the peer review consultants would be needed to provide input on the emission standards for the host community discussions. REPORT NO.: FNO-D02-08 PAGE 4 2.1 Mr. Steven Rowe was retained to undertake the scope of work as outlined in above, 2.2 The original contract with Mr. Rowe was for a minimum of $21 ,000 plus disbursements. To date the Municipality has paid $24,420 in fees and $334.25 in disbursements. 2.3 These billings are to the end of December 2007 including attendance and presentation at the General Purpose and Administration Committee meeting in December, The work remaining for Mr. Rowe will occur based on PSD-070-07 when the EA document is to be submitted to the Ministry, at which time it should be reviewed to ensure that it has addressed the concerns identified to date. 2.4 SENES Consultants Limited was retained to undertake the scope of work as outlined above. 2.5 The original contract with SENES was for a minimum of $47,000 plus disbursements for peer review. To date the Municipality has paid $35,607.50 in fees and $437.97 in disbursements. 2.6 These billings are to the end of November 2007 and relate to both peer review and Host Community Agreement discussions. The invoice for the month of December, 2007 has not yet been received. At this point an additional $11,392.50 is shown as committed based on the original contract value. Some of SENES work and fees to date are for setting out the emissions standards and criteria as detailed by Council Resolution GPA 632-07 and C-592-07 (Schedule B) for inclusion in a Host Community Agreement. The work remaining for SENES to complete is with regard to the Site specific Human Health and Ecological Risk Assessment (HHERA) which will be released by the Region in fall 2008. 2.7 AMEC E&C Services LId was retained to undertake the scope of work as outlined above. 2.8 The original contract with AMEC was for a minimum of $20,000 plus disbursements for the peer review. To date the Municipality has paid $13,875.00 in fees and $258.20 in disbursements. 2.9 These billings are to the end of November 2007 and relate to both peer review and Host Community Agreement discussions. At this point an additional $6,125.00 is shown as committed based on the original contract value. The invoice to the end of December 2007 has been requested. Some of AMEC's work and fees to date are for setting out the emission standards and criteria as detailed by Council Resolution CPA 632-07 and C-592-07 for inclusion in a Host Community Agreement. 2.10 The remaining peer review work for AMEC are review of the air quality issues that relate to the site specific Human Health and Ecological Risk Assessment (HHERA) and professional advice on how the proposed emissions could be better addressed within the context of the air shed. 2.11 As indicated in the Addendum Report to PSD-141-07, AMEC was included as a sub- consultant along with Black and MacDonald on the Veolia Environmental Services Waste to Energy Inc. team one of the bidders on the EFW project. We have received a letter from AMEC that they will cease to perform Air Quality Peer Review services for Clarington effective January 30, 2008. AMEC has chosen to terminate their contract with Clarington to avoid the potential of conflict of interest. REPORT NO.: FND-002-08 PAGE 5 Economic Studies 3.0 The Economic Studies were undertaken as fixed price contracts, as such a maximum upset fee was established. Staff where able at the outset to define the specific tasks, the number of meetings, work schedule and anticipated product. The consultants prepared proposals in response to this detailed work program. While the consultants provided prices for hourly work over and above the contract amounts, it has not been necessary to amend their work program. 3.1 C. B. Richard Ellis Ltd. was retained to undertake the scope of work set out in Section 6.1 (Impact on Clarington Energy Business Park) and Section 6.2 (Impact on Assessment Base) of Report PSD-070-07 and further to assist with the scope of work set out in Section 6.3 (Community Stigma). 3.2 The original contract with C. B. Richard Ellis was for a maximum including disbursements of $100,000. Their final billing for the full contract amount was received at the end of December. 3.3 The Director of Finance was authorized to retain a multi-disciplinary accounting firm to undertake the scope of work set out in Section 6.3 (community Stigma) and Section 6.4 (Host community Agreement) of Report PSD-070-07. The firm Price Waterhouse Coopers LLP was retained for this purpose. 3.4 The original contract with Price Waterhouse Coopers was for a maximum including disbursements of $90,000. To date the Municipality has paid $78,863.50 in fees and $3,320.53 in disbursements. It is the background work prepared by Price Waterhouse Cooper that was the basis for Resolution GPA 632-07 and C-592-07 and thus the basis for the Host Community Agreement discussions. 3.5 These billings are to December 20, 2007 and represents completion of all work. Peer Review and Economic Advice 4.0 The Municipal Solicitor and Consulting Engineer (Totten Sims Hubicki) were asked to provide information, professional opinion, estimates and advice as deemed appropriate. 4.1 The Municipal Solicitor, Dennis Hefferon is on retainer with the Municipality. Up to the period ending December 13'h, the Municipality has paid $99,791.60 in fees and $975.00 in disbursements for legal assistance directly related to the Energy From Waste Project. Of this value, approximately $23,800.70 relates to the environmental assessment process and $76,965.90 to the host community agreement negotiations and provision of advice. In PSD-070-07, staff was directed to form a committee similar in composition to the Region of Durham's committee in order to facilitate discussions related to the Host Community Agreement. As a solicitor for the Region of Durham was present at all meetings, the Municipal solicitor was also present and actively pursued research and detailed wording for all items outlined in GPA 632-07 and C-592-07. Currently no further legal work is being undertaken. 4.2 The firm of Totten Sims Hubicki (TSH) is on retainer with the Municipality to provide engineering services. Up to the period ending November 24'h, the Municipality has paid $20,696.59 in fees and $738.22 in disbursements for consulting services directly related to the Energy From Waste Project Peer Review. The majority of the work TSH has carried out is the peer review of the traffic studies and site servicing. In addition, TSH REPORT NO.: FND-002-08 PAGE 6 has prepared cost estimates that have been used in the Host Community Agreement discussions. CONCLUSION 5.0 The Municipality of Clarington has incurred to date costs totaling $379,318.36 and is anticipating additional billings for December 2007 from Totten Sims Hubicki for an estimated $2,500. SENES and AMEC fees are still to be invoiced but are within the estimated overall costs. 5.1 The Municipality has billed $167,367.07 to the Region of Durham to date and will issue an invoice to the Region for the balance of the $300,000 in the near future. 5.2 As a result, currently $79,318.36 remains unfunded plus outstanding December invoices for SENES, AMEC, and Totten Sims Hubicki. It is recommended that an estimated total of $100,000 be financed from the Impact/Escrow Reserve Fund as the funding cap from the Region of Durham has been reached. 5.3 Staff has been directed by PSD-070-07 to peer review the entire EA process. This work will not be complete until late in 2008 when the EA is submitted to the Ministry of Environment. 5.4 At this time, as Council is aware, the Clarington 01 site has been selected by the Region of Durham Works Committee as the preferred site. Subject to Regional Council concurrence, site specific studies will be undertaken as part of the environmental assessment process, including the site specific Human Health and Ecological Risk Assessment (HHERA). Staff is currently not proceeding with any additional outside consultants until such time as the studies are available. The costs of this work will be subject to a further report to Council for direction. 5.5 There will be some additional legal costs incurred pertaining to any potential host community agreement at the direction of the Chief Administrative Officer. Attachments: Schedule "A" - Peer Review and Economic Studies Costs to Date Schedule "8" - Council Resolution GPA 623-07 and C-592-07 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-4169 Municipality of Clarington EFW-CONSULTING-2007 TO PEER REVIEW THE SCOPE OF WORK FROM PSD-070- TOTAL CONTRACT 07 AS FOLLOWS: CONSULTANT ENGAGED BILLING PERIOD FEES/DISBURSMENTS VALUE COMMITMENTS Undertake Section 4.2 Site Selection,4.4 Gap Analysis, and advise on Section 5.1 Oversight of Technology Procurement Process and 5.2 Potential Environmental Effects ROWE,STEVEN MCIP RPP Period ending December 31,2007 24,754.25 21,000.00 Undertake Section 5.2 Potential Environmental Effects AMEC AMERICAS LIMITED Period ending November 30,2007 14,133.20 20,000.00 6,125.00 Undertake Section 5.1 Oversight of Technology Procurement Process and assist with Section 5.2 Potential Environmental Effects SEINES CONSULTANTS LIMITED Period ending November 30,2007 36,045.47 47,000.00 11,392.50 Undertake Section 6.1 Impact on Clarington Energy Business Park,Section 6.2 Impact on Assessment Base and assist with Section 6.3 Community Stigma CB RICHARD ELLIS LIMITED Project Billing 100,000.00 100,000.00 Undertake Section 6.3 Community Stigma and Section 6.4 Host Community Agreement PRICE WATERHOUSE COOPERS Thru to December 20/07 82,184.03 90,000.00 Provide information,professional opinion,estimates and Legal advice as deemed appropriate-EA Process HEFFERON, DENNIS C. Thru December 13/07 23,800.70 Provide information,professional opinion,estimates and Legal advice as deemed appropriate-Host Community Agreement HEFFERON, DENNIS C. Thru May 31107 76,965.90 Provide information,professional opinion,estimates and Legal advice as deemed appropriate-Peer Review TOTTEN SIMS HUBICKI ASSOCIATES Thru November 24/07 21,434.81 2,476.19 n TOTAL ACTUAL EXPENDITURES: 379,318.36 1 278,000.00 19,993.69 n C N D Schedule "B" GPA 632-07 and C-592-07 (Council Resolution) WHEREAS the Consultants retained by the Regions of DurharnIY ork (Proponent) to oversee an Environmental Assessment (EA) to site an Energy From Waste (EFW) facility have identified a property located in the Municipality of Clarington as the preferred site for said EFW facility; WHEREAS such EFW facility is to be developed and operating on a date that appropriately relates with the scheduled closure of the U.S./State of Michigan border to all Canadian Municipal residual waste shipments; WHEREAS the Municipality of Clarington believes that the Proponent of the EFW facility shall be fully responsible for all costs and risks associated with the development and operation of the EFW facility; Whereas the Ontario Ministry of Environment must approve the Environmental Assessment process which includes a site specific Human Health and Environmental Risk Assessment, and issue to the Proponent a license to operate the EFW facility; WHERES it is standard practice in North America that a Host Community Impact Agreement be entered into between the Proponent and the Host Community for any type of Municipal residual waste processing facility; NOW THEREFORE, the Municipality of Clarington resolves that staff is authorized to undertake without prejudice negotiations with Durham Region and that the Regions of York and Durham are requested to: I. Agree to protect the health and safety of the residents of Clarington and Durham by incorporating into the design and installation of the EFW facility the most modem and state ofthe art emission control technologies that meet or exceed the European Union (EU) monitoring and measurement standards. 2. Agree to continue to support an aggressive residual waste diversion and recycling program(s) in order to achieve and exceed, on or before December 2010, a 70 % diversion/recycling rate for the entire Region and such aggressive program(s) shall continue beyond 2010. 3. The Host Community Impact Agreement shall address, but not be limited to, the following major areas of concern and requirements: . Provide 24/7 emission monitoring systems easily accessible by the public. . Restrict the quantities, types and sources of waste, ie no City of Toronto waste will be allowed. . Establish a Community Liaison Committee including local Physicians. . Provide infrastructures to facilitate economic development in Clarington. . Absorb all Clarington costs that are related to the development and operations of the EFW facility. . Compensate Clarington for any detrimental costs, if any, associated to an EFW facility sited within Clarington borders. . Assume all risks and liabilities associated with the EFW facility. . Provide a royalty and/or revenue sharing arrangement to Clarington for the life of the EFW facility in appropriate amounts and suitably indexed. . The project shall have no adverse impacts on payments in lieu of taxes. . No ash from the facility shall be deposited in any landfill site located within Clarington borders. 4. To alleviate the concerns ofthe people ofClarington and Durham by acknowledging the foregoing and agreeing to negotiate with Clarington in good faith, 5. Staff is directed to forward this resolution to the Regions of York and Durham; FORTHWITH.