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HomeMy WebLinkAbout2010-064THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2010 - 064 being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Hardy Stevenson and Associates Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, Port Granby Long- Term Low-Level Radioactive Waste Management THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington, with the Corporation Seal, a contract between Hardy Stevenson and Associates Limited, Toronto, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first time this 31St day of May, 2010 By-law read a second time this 31St day of May, 2010 By-law read a third time and finally passed this 31St day of May, 2010 m methy; A~hdyor~ ~~~ ^~ ~` ~ ~. C ne ee tr e, Deputy Clerk THIS INDEPENDENT CONSULTANTAGREEMENT ismade as of the 16thday of June , 2010 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARENG70N (hereinafter called the "Municipality") OF THE FIRST PART -and- HARDY STEVENSON AND ASSOCIATES LIMITED (hereinafter called the "Company"J OF THE SECOND PART WHEREAS The Municipality of Clarington has called for proposals for the provision of services: The Consultant has offered to supply such services and the Municipality and the Consultant have agreed upon the provision of the services upon the terms and conditions contained in this Agreement. IT IS AGREED 1.0 INTERPBETATIONS 1.1 In this Agreement unless the context otherwise requires: "Agreement" means this agreement and includes Schedules and any annexes or documents incorporated by reference; "Consultant" means the person or company so named in the Description of the Parties at the commencement of this document; "Consultant's Representative" means the person appointed by the Consultant to represent the Consultant for-the purposes of this Agreement and so identified in this Agreement, or such person as may be appointed subsequently by the Consultant and notified to the Municipality in writing; "GST/HST" means any tax imposed under GST/HST legislation; 1 "Project Service" means the services described herein which are to be performed by the Consultant in accordance with this Agreement; 1.2 A recital, schedule, annex or a description of the parties forms part of this Agreement. 1.3 to this Agreement unless a contrary intention appears, words imparting a gender include any othergender and words in the singular include the plural and vice versa. 1.4 Clause headings in this Agreement are for the convenience of reference only and have no effect in limiting or extending the language of the provisions to which they refer. 1.5 This Agreement shall be governed by the Laws of the Province of Ontario. 2.0 ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Municipality and the Consultant in relation to the Project Services and any previous correspondence is expressly excluded. AGREEMENT FOR CONSULTING SERVICES FOR THE PORT GRANBY PROJECT This Agreement outlines the services to be provided to the Municipality of Clarington {the "Municipality") by Hardy Stevenson and Associates Limited (the "Company") and its sub-consultants, collectively known as the Municipal Peer Review Team ("MPRT"), in relation to the Port Granby Project. This Agreement shall replace the existing contract between the Municipality and the Company approved by Clarington Council on April 2, 2002 (By-law 2002-042), and subsequently extended in December 2002, December 2006, and December 2068. The current contract has been extended to the end of 2010. Backeround From the 1930s to the 1980s, low level radioactive waste resulting from the refining of radium and uranium in Port Hope was deposited at various locations in Port Hope and in a waste management facility located near the community of Port Granby in the Municipality of Clarington. The Government of Canada has assumed responsibility for the cleanup and management of these wastes, and in 2001 entered into a Legal Agreement with the Municipalities of Clarington and Port Hope to implement focal solutions for the management of the wastes. The undertaking defined by the Legal Agreement is known as the Port Hope Area Initiative, with two separate projects-the Port Granby Project {"the Project') and the Port Hope Project. The two Projects are proceeding independently through the federal approvals process, including Environmental Assessment {EA) and licensing by the Canadian Nuclear Safety Commission (CNSC). The "Proponent' for both Projects is the Port Hope Area Initiative Management Office (PHAI MO), which is a division of Atomic Energy of Canada Limited (AECL}. The Envlronmental Assessment for the Port Granby Project began in 2002 and culminated in 2009 with Clarington Council's acceptance of the EA Screening Report issued by the Government of Canada (Phase 2 1}. The Project, as defined by the Environmental Assessment Study Report and the EA Screening Report, involves the excavation of the waste and its relocation and long term storage in an engineered mound to be constructed to the north of the existing waste management facility (Phase 2), followed by a Maintenance and Monitoring Phase over the long term (Phase 3). A licence from the CNSC is required in order for the construction of the Project to proceed (approximately 2012-2018) and the Maintenance and Monitoring Plan (2D19 and beyond) to be implemented. PHAI MO has initiated the detailed engineering work required in order to obtain these approvals. The Project also involves a broad range of measures to mitigate the impacts of the Project on the natural environment and the surrounding Port Granby community. These measures will be part of an EA Follow-Up Program to. be implemented by the Government of Canada. Consultine Services The Legal Agreement provides for the Government of Canada to reimburse the Municipalities for all reasonable administrative and legal expenses related to their participation in the Port Hope Area Initiative. It is under this arrangement that the Municipalities of Clarington and Port Hope have each retained the MPRT over the past several years to provide a broad range of peer review services and technical expertise related to their respective Projects, as well as issues common to both Projects. This sharing of consulting services has provided enormous benefits to both Municipalities, as well as the Government of Canada. In December 20D9, the Municipality of Port Hope extended the contract with the Company for the provision of peer review services to the end of the construction phase for the Port Hoge Project. In order to continue the benefits associated wish the sharing of consulting services and to ensure continuity between the Environmental Assessment and Construction phases of the Port Granby Project, the Municipality of Clarington has also decided to extend its contractual relationship with the Company to the end of the construction period for the Port Granby Project. Scone of Work The MPRT, under the direction of the Company, will be responsible for the provision of peer review activities and other consulting services to the Municipality in relation to its participation in the Project. The MPRT will assist the Municipality of Clarington through the pre-licensing and licensing process, EA follow-up, detailed design, construction, verification and final approvals pertaining to end use. The MPRT's work related to the Part Granby Project will be coordinated by the Municipal Project Manager {the "Manager"} as identified by the Municipality. The management and administration of the MPRT will be the Compan~s responsibility. David Hardy, Principal of Hardy Stevenson and Associates Limited, will function as the "Director" of the MPRT. The Manager will have full access to and the full support of the MPRT. The staff and sub-consultants of the MPRT may change overthe duration of the Agreement. Any required personnel changes will be agreed upon by the Manager and the Company before being finalized. The responsibilities of the MPRT encompass key services, as detailed below: a} Provide strategic and technical advice and support to the Municipality; 3 b) Undertake peer reviews ofProject-related documents; c) Communication activities; d} Civil Engineering Support prior to and during Construction; e) Provide replacement support and/or Services for the Manager if so requested by the Municipality. (a) Strategic and Technical Advice and Support The MPRT's primary responsibility will be to support the Manager in undertaking the work necessary for the Municipality to be effectively involved in the Project and to ensure that the Municipality's interests are prdtected throughout the Project. This mandate will encompass: • Advising and assisting the Manager, other Municipal staff and Council on all aspects of Project implementation, including engineering and policy concerns that arise during the facility design, licensing and construction process, and issues relating to the implementation of the EA Follow-up Program; • Conducting research on issues when requested by the Municipality on various issues, including financial, health, and socio-economic issues; • Supporting the Municipality and Manager at informal and formal Project meetings and public forums related to the Project; • Ensuring that Natural Resources Canada (NRCan},the CNSC and the Proponent fulfil! their responsibilities on Project-related programs (e.g. EA Follow-Up Program, Waste Excavation Management Plan, Environmental Management and Protection Plan, Water Treatment5trategy, Complaints Monitoring Program, Remediation Verification Program, Radiation Protection Plan, Maintenance and Monitoring Plan, etc.}, the Property Value Protection Program, and any new programs that become established; • Identifying and monitoring Project-related policies, procedures or controls. (b) Peer Review of Project-Related Documents The Municipality will rely on the MPRT to undertake peer reviews of Project-related documents prepared by the Proponent and other agencies, and to present and discuss the results of the peer reviews. The MPRT will review construction drawings and site plans as well as other documents that will require municipal review and approval. Specific responsibilities in this respect include monitoring the progress of assessments and criticalty assessing any resulting findings or recommendations. It is expected that studies or reports related to the facility licensing and construction process will be evaluated pursuant to a proven peer review process that would consider at least the following factors: • Appropriateness of design criteria, assumptions, and technical approaches; • Adherence to relevant regulation, standards, or Municipal approval documents; • Appropriateness of adopted models and/or validity of calculations or computations; and • Assessment of facts and reasoning leading to presented opinions, judgments, conclusions or recommendations. Lpcoming Peer Review Documentation for the Port Granby Project The following documents will require peer review as part of detailed design and in preparation for licensing by the CNSC: • Detailed Design Description Report -Long Term Waste Management Facility • Detailed Design Description Report-Excavation Plan • Water Treatment Definition • Radiation Protection Plan ~ Environmental Management & Protection Plan for Construction Activities • Radiation Material Transportation Plan • Emergency Plan • Long Term Maintenance and Monitoring Plan • Decommissioning Plan • Construction Verification Plan • Remediation Verification Protocol • Safety Assessment In addition, the MPRT will peer review the EA Follow-Up Program, including the Socio-Economic Impact Mitigation Strategy and the Rio-Physical Impact Mitigation Strategy, to be prepared by the Proponent, monitor the implementation of these strategies to ensure their effectiveness, and recommend improvementswhere deemed necessary. (cj Communication activities The Municipality must maintain excellent communications with its residents, especially those in the vicinity of the Project, NRCan, CNSC and the Proponent, and other parties that may become involved in the process. Effective communications with the local, regional and national media are also important. The MPRT will provide communications support to the Municipality, when necessary, Including: • Helping to maintain positive relations with the residents in the vicinity of the Project; • Supporting the Mafiager and the Municipality's communications staff, and providing updates on the Project to Council as required; • Ensuring the Proponent remains sensitive to Clarington's interests in relation fo media and public relations issues resulting from its activities; • Coordinating communications with the national, regional and local media with respect to the Project. (d) Civil Engineering Support Prior to and During the Construction Phase During the pre-construction phase, the MPRT will 6e responsible for the peer review of documents provided 6y the Proponent related to the excavation of the existing waste management facility, the construction and development of the Long Term Waste Management Facility, and associated works. During the construction phase of the Project, the MPRT will be responsible for: • Peer review of the oversight process for construction, civil works and engineering; • Peer review of the remediation of the existing waste management facility site; • Peer review of environmental controls; • .Ensuring that all provisions in the EA Follow-Up Program are appropriately implemented; • Addressing other issues as they may arise. When the construction phase of the Project is completed, the MPRT will be required to provide reviews for. • Q.ualiry assurance to ensure that the mound is ready for the cap; • Ensuring that all the radioactive material has been removed; • Ensuring that the long term design is implemented appropria#ely; • Ensuring that the remediation activities meet municipal standards. fie) Provide Replacement Support and/or Services for the Manager If requested by the Manager or the Municipality, the Company will provide replacement staff support and/or resources to supplement or replace the role of the Manager. These services may include: • Representing the Manager at meetings with Lhe Proponent, the CNSC, NRCan, other agencies, and the public; • Coordinating the submission of peer review comments to the Proponent; • Liaison and coordination with other Municipal Departments; • Responding to public inquiries; • Managing the Municipality's invoices to the PHAI - M0; • Other associated duties. Location and Timin¢ of Services Services to be provided pursuant to this Agreement shall be provided primarily at the Company's office. The Municipality shall provide office space at the Municipal Administrative Center in Bowmanville or other such location approved by the Municipality when required, in order to supplement or replace the role of the Manager. Services by other staff or sub-consultants associated with the MPRT shall be rendered at their place of business or other such location as dictated by the nature of the project for which they have been engaged. The Company will use all reasonable efforts to complete within any agreed upon time-frame the performance of the services pursuant to this Agreement. The period of performance for this Agreement shall be from April 1, 2010 through December 31, 2018 with an option to extend the Agreement at the Municipalit~s sole discretion subject to the establishment of acceptable rates and satisfactory service. Fees and Expenses associated with the Scope of Work The MPRT shall provide their services on an "as required" basis at the per diem rates identified herein. The Municipality will not circumvent the Company and hire any of the Company's Staff or any member of the MPRT directly for activities related to the Project. The Manager, working in cooperation with the Company, shall provide an annual project budget estimate to the Municipality for review and approval prior to engaging the services of these staff and sub-consultants. The Municipality reserves the right to preclude the use of service providers that have not been identified in advance. fees will be approved by the Municipality prior to being incurred. Per Diem rates for currently named staff and sub-consultants of the Company during the 2010 Federal Fiscal Year (April to December 2010; January to March 2011) shall be as follows: Project Management Hardy Stevenson and Dave Hardy $1,499 Associates Danya AI-Haydari $855 Administration $606 Secondary Project Management Municipal Infrastructure Group EricTuson $1,088 Social Sciences Envision Synergy Dr. Charlotte Young $1,278 Atmospheric Science, Air Quality AMEC Dr. Tony van der Vooren $1,274 Biophysical Sciences, Aquatic Biology Niblett Environmental Chris Ellingwood $1,174 Nuclear Physics Eberline Services ltd Dr. Robert Murphy $1,574 Health Physics N/A Dr. Murray Finkelstein $2;212 Hydrogeology/ geotechnical Terraprobe Paul Bowen, Mike Tanos $1,375 Transportation Planning HDR Steve Molloy/ Matthew Hum $1,594 Coastal Engineering ShorePlan Engineering Milo Sturm $1,031 ClvilEngineering Municipal Infrastructure Group EricTuson $1,Ogg The Company will not mark up fees or expenses. On April 1 of each applicable year, fees shall be increased pro rata with the increase in the Consumer Price Index (CPI) (all items) forToronto with February 1st of the previous year as the base date and the increase forthe coming year to be based on the increase, if any, in the CPI from November 1 to November 1. Expenses will be billed by the Company to the Municipality at cost. Travel expenses will be billed at the Municipality's travel rate or $0.50 per kilometre whichever is higher, for Company staff and all other staff and sub-wnsultants of the MPRT. This rate will be adjusted annually to reflect the Municipality of Clarington's approved mileage rate. GST, HST and other applicable taxes are additional to the rates quoted herein and shall be itemized separately on all invoices. Invoices shall be presented to the Municipality monthly in arrears. INSURANCE 11.1 The Consultant, at its sole cost and expense shall insure its activities in connection with the work under this Agreement and obtain, keep in force, and maintain insurance as follows: 11.1.1 The Consultant shall maintain .and pay for Comprehensive General Liability Insurance including premises and all operations. This insurance coverage shall be subject to limits of not less than $ 3,000,000 inclusive per octurrence for third party Bodily Injury and Property Damage or such coverage or amount as may be requested. The policy shall include the Municipality as an additional insured in respell of aA operations performed by or on behalf of the Consultant. A certified copy of such policy or certificate shall be provided to the Municipality prior to commencement of the work. 11.1.2 Business Automobile Liability Insurance for owned, scheduled, non-owned, or hired automobiles with a combined single limit not less than $ 1,000,000 per occurrence. REQUIRED ONLY IF THE CONSULTANT IS DRIVING ON MUNICIPAL PROPERTY IN THE COURSE OF PERFORMING WORK FOR THE MUNICIPALITY. 11.1.3 Professional Liability Insurance with a limit of $ 1,000,000 per occurrence. If this insurance is written on a claims-made form, it shall continua for three years following termination of this Agreement. The insurance shall have a retroactive date of placement prior to or coinciding with .the effective date of this Agreement. 11.2 It shall be expressly understood that the Insurance rnverage and limits referred to above shall not in any way limit the liability of the Consultant. The Consultant shall furnish the Municipality with certificates of insurance evidencing the compliance with all requirements prior to commencement of work under this Agreement. Such certificates shall: • Provide 30 days advance notice to the Municipality of any modification, change, or cancellation of any of the above insurance coverage; • Indicate that the Municipality has been endorsed as an additional insured under the coverage referred to In section 11.1.1; • Include a provision that the coverage will be primary and will not participate with nor be excess aver any valid and collectible insurance or program of self insurance tarried or maintained 6y the Municipality. ASSIGNMENT AND SUBCONTRACTING The Consultant may not assign or transfer this Agreement, or any interest therein or claim thereunder, or subcontract any portion of the work, thereunder, without the prior written approval of the Municipality. B Duration of Agreement This Agreement shall replace the Compan~s existing contract with the Municipality, and will come into effect on the date that the By-law approving the Agreement has been passed by the Council of the Municipality of Clarington. This Agreement shall terminate on December 31, 2018 unless extended by mutual agreement of the Municipality and the Company as provided for in this Agreement. The Agreement maybe terminated early by the delivery try either party of written notice to terminate this Agreement. The Agreement is also contingent on the Municipality receiving tontinued funding from the Proponent pursuant to the Port Hope Area Initiative Legal Agreement. Terms of Payment The Company will invoice the Municipality on a monthly basis for fees and expenses incurred by the MPRT. The Municipality will make every effort to pay the invoices within 30 days of receipt. Confidentialityand Privacy The Company shall treat as such all confidential proprietary information obtained from the Municipality in the course of the engagement and will not use such information except in connection with the performance of its services hereunder, subject to the provisions of the Municipal Freedom of Information and Projection of PrNocy Act. Please signify your acceptance of the terms and conditions set out herein by signing below and returning to the undersigned. we look forward to our continued work together on this project. NOTIFICATION Any written notification required herein shall be personally served, mailed, or fazed to the following: Far the Municipality: Director, PEanning Services Department for designate} The Municipality of Clarington 40Temperance Street Bowmanville, ON L1C 3A6 T: 905-623-3379 F: 905-623-0830 For the Consultant Mr. David Hardy, RPP Hardy Stevenson and Associates. 364 Davenport Road Toronto, ON MSR 1K6 T: 416-944.8444, F: 416-944-0900 HARDY STEVENSON AND ASSOCIATES LIMITED Mr. David Hardy, RPP Date: Principal Hardy Stevenson and Associates Limited WITTNESS a Ms. Danya AI-Ha Bari Date: Environmental Planner Hardy Stevenson and Associates Limited ACCEPTED 8Y MUNICIPALITY OF CLARINGTON June 16, 2010 M n erN ~y Date: 1a , Id~cipalityofCEarington June 16, 2010 Date: of Clarington 10