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HomeMy WebLinkAbout2004-153 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-LAW 2004- 153 being a By-law to authorize a contract betWeen the Corporation of the Municipality of Clarington and Aquafor Beech Limited, 14 Abacus Road, Brampton, ON, l6T 5B7 to enter into an agreement for consulting services for the Environmental Impact Studies Roster I the area of Earth Sciences and Hydrogeology Resources, Terrestrial Resources, and Aquatic and Fishery Resources as per their proposal of May 25, 2004 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 and seal with the Corporation Seal, a contract between, Aquafor Beech Limited, Brampton, Ontario, and said Corporation. By-law read a first and second time this 14th day of June 2004 BY-lAW read a third time and finally passed this 14th day of June 2004 JOh"~6s/ _ -r_ - ~' -.... -'-~- ~ ::-. -....' -- M AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES MEMORANDUM OF AGREEMENT dated the '<'11 /) day of /'\/( A R (' j-( 2006 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (hereinafter called the "Client") THE PARTY OF THE FIRST PART - and - AQUAFOR BEECH LIMITED (hereinafter called the "Consultant" THE PARTY OF THE SECOND PART WHEREAS the Client intends to undertake Peer Reviews of Miller Waste Proposed Composting Facility, Hancock Road, Courtice HEREINAFTER called the "Study" and has requested the Consultant to furnish professional services in connection therewith; NOW THEREFORE WITNESSETH that in consideration of the covenants contained herein, the Client and the Consultant mutually agree as follows: 1.0 RETAINER AND SERVICES 1.01 The Client hereby retains the Services of the Consultant to undertake the Study. 1.02 The Consultant hereby agrees to undertake the Study and to provide the Services described in Attachment Nos. 1 and to this Agreement. 1.03 In this Agreement, the word Consultants shall include professionals and other specialists employed by the Consultant. 1.04 This Agreement shall be effective from Feb 21, 2006 to April 3, 2006 and shall continue in force until the Services have been completed or this Agreement is terminated by the Client in accordance with Section 9.01 of this Agreement, whichever comes first. OlA ~ Page 2 - 2.0 COMPENSATION AND REIMBURSEMENT 2.01 The Consultant shall submit an invoice to the Client for all Services completed in the immediately preceding month. 2.02 The Client shall pay the Consultant in accordance with the provisions set forth in Section 2.0 of this Agreement. Properly submitted invoices shall be paid by the Client within 30 days of receipt. 2.03 The Client shall notify the Consultant within 30 days if it disputes the invoice. 2.04 Interest shall be at the annual rate of Nil per month on overdue accounts. 2.05 Except as provided for in Section 9.04 of this Agreement, the total amount to be invoiced by the Consultant for the performance of Services, including disbursements, shall not exceed $ 24,000.00 exclusive of the Goods and Services Tax. 3.0 STAFF AND METHODS 3.01 The Consultant represents that it possesses the necessary professional capabilities, qualifications, licenses, skilled personnel, experience, expertise and financial resources, and it has available or will make available the necessary equipment, materials, tools, facilities and services to perform the Services in an efficient, professional and timely manner in accordance with the terms of this Agreement. 3.02 The Consultant shall use current state of the art principles and shall skillfully and competently perform the Services and shall employ only skilled and competent staff who shall be under the supervision of a senior member of the Consultant's staff. 3.03 The Services shall be performed, within the limits prescribed by the Client, in a manner consistent with the degree of care and skill ordinarily exercised under similar circumstances by members of the profession practicing in the same or similar locality. The standard of care shall exclusively be judged as of the time the Services are rendered and not according to later standards. The Consultant makes no express or implied warranty beyond its commitment to conform to this standard, or as otherwise provided in this Agreement. 4.0 CONDUCT OF WORK 4.01 The Client will arrange and make provision for the Consultant's entry and access to public and private property and the proposed development site necessary for the performance of the Services required under this Agreement, including planned borings, explorations or field tests. The Consultant will take reasonable precautions to minimize damage to the land and vegetation from the use of equipment. In the event of excessive damage as determined by the Client, the Consultant shall be responsible for restoring the damaged feature to a level acceptable to the Client and the land owner. 4.02 The Consultant shall exercise reasonable care in locating underground structures in the vicinity of proposed subsurface explorations. This will include contracting local agencies which provide subsurface utilities and a review of plans provided by the Client or its representatives for the site to be investigated. If the locations of underground structures are not known or cannot be confirmed, the Consultant shall so advise the Client and the need for the proposed subsurface eXPlorationsQ shall be re-evaluated. 't-V"' ?~ 5.0 5.01 5.02 Page 3 - INSURANCE The Consultant shall provide the insurance coverage specified in Sections 5.02 and 5.03 below, and the Client shall accept this insurance coverage as the limit of liability of the Consultant. Comprehensive General Liability and Automobile Insuran~ /l LOP, '() 'v- ~ 2100(),QJO,OO{~. ~ The Insurance Coverage shall be $ 3,000,000.89 for Comp ehensive General Liability and $ 2,000,000.00 for non-owned automobile insurance. The Consultant shall provide the Client with proof of Comprehensive General Liability and Automobile Insurance (Inclusive Limits) for both owned and non-owned vehicles. The policy for comprehensive General Liability Insurance shall include The Municipality as additional insured in respect of all operations performed by or on behalf of company. 5.03 Professional Liability Insurance The Insurance Coverage shall be in the amount of $ 1,000,000.00. When requested, the Consultant shall provide to the Client proof of Professional Liability Insurance carried by the Consultant. 5.04 Change In Coverage It is understood and agreed that the coverage provided by these policies will not be changed or amended in any way nor cancelled by the Consultant until thirty (30) days after written notice of such change or cancellations has been personally delivered to the Client. 6.0 INDEMNIFICATION 6.01 The Consultant shall indemnify and save harmless the Client from and against all claims, actions, losses, expenses, costs or damages of every nature and kind whatsoever which the Client, its employees, officers or agents may suffer as a result of the negligence of the Consultant, his employees, officers or agents in the performance of this Agreement. 6.02 The Consultant shall also indemnify and save harmless the Client from and against all claims of patent infringement arising out of the services provided by the Consultant under this Agreement. 6.03 7.0 7.01 The Client agrees to hold harmless, indemnify and defend the Consultant, its employees and agents from and against any and all claims, losses, damages, liability and costs of defense only insofar as it arises out of or is the result of negligent acts, errors or omissions of the Client, its agents, employees, contractors and those for whom it is in law responsible with respect to work specifically undertaken in the execution of this contract. INFORMATION Document~, data bases, mapping and any other information (hereinafter referred to as Information) or copies thereof required for the Study shall, without charge, be exchanged between the parties on a reciprocal basis subject to the provisions of Section 7.0 of this Agreement. Upon the completion of Services or the termination of this Agreement, the Consultant shall return to the Client any and all equipment and Information which the Consultant received from the Client for the purposes of this Study. ~ /Jv- 'fii8. p{) - Page 4 - 7.02 During the course of the Study, the Client may provide digital mapping products acquired by the Client under a License or Sub-License Agreement. The Consultant may not use, copy, translate or extract data from the product or create Derivative Products otherwise than for municipal business purposes related to the Study. 7.03 Information prepared by the Consultant for the Client pursuant to this Agreement may be used by the Client for any municipal purpose. The Consultant agrees that the Client may distribute to any public agency, Information prepared through the course of this Study and authorize the translation, copying and use of said Information by that agency. For the purpose of clarity, the Consultant acknowledges that it surrenders and releases to the Client any copyright for the Information produced through this Study. 7.04 All data, including mapping, is to be collected in accordance with the Natural heritage Project Data Management Strategy for Transfer of Existing Date to a Geographical information System at a Watershed and Sub watershed Scale, developed by the Central Lake Ontario Conservation Authority and utilized by the Client. 7.05 The Consultant will provide to the Client, copies of all reports, mapping and other data prepared by the Consultant during this Study, and such copies will be provided in an acceptable digital format. The Client agrees not to alter any final reports, mapping and other submitted by the Consultant and represent such altered documents as the work of the Consultant. 7.06 The Consultant agrees to obtain the consent of the Client, which consent shall not be unreasonably withheld, before publishing alone or in conjunction with any person, any articles, photographs or other illustrations relating to the work undertaken pursuant to this Agreement. 8.0 CONFIDENTIAL RELATIONSHIP 8.01 The Client may provide the Consultant with confidential information to enable the Consultant to perform the Services effectively. The Consultant shall maintain the confidentiality of all such information and shall not disclose any part of such information without the written consent of the Client. The Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the Services. The Consultant shall not use any confidential information acquired in the course of carrying out the Services provided for herein, on any other project without approval in writing by the Client. 8.02 The obligations set out in Section 8.01 however, shall not apply to any part of the information that: i) has been disclosed in publicly available sources of information; ii) through no fault of the Consultant, is hereafter disclosed in publicly available sources of information; iii) is now in the possession of the Consultant without any obligation of confidentiality; iv) has been or is hereafter rightfully disclosed to the Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party; or v) is disclosed in accordance with Section 8.04. qLv- ~~ - Page 5 - 8.03 Except as provided in Section 8.04, the Consultant shall not disclose any reports, recommendations, conclusions or other results of the Services subject of this Agreement without the prior written consent of the Client. 8.04 Provided that the Consultant notifies the Client of what is intended, the Consultant may disclose confidential information to the extent required for: i) the preservation of the public safety or health; ji) compliance with any court order or government directive; iii) defense of the Consultant against claims or liabilities arising from the performance of Services under this Agreement. 9.0 GENERAL CONDITIONS 9.01 Suspension or Termination The Client may, by providing 20 days notice in writing to the Consultant, suspend or terminate the Services or any portion thereof at any stage of the Study. Upon receipt of such written notice, the Consultant shall perform no further services other than those reasonably necessary to close out his services. In such event, the Consultant shall be paid by the Client for all services performed and for all disbursements incurred pursuant to this Agreement and remaining unpaid as of the effective date of such termination. If the Client is in default in the performance of any of the Client's obligations set forth in this Agreement, the Consultant may, by written notice to the Client, require such default be corrected. If, within 20 days of receipt of such notice, such default shall not have been corrected, the Consultant may immediately terminate this Agreement. In such event, the Consultant shall be paid by the Client for all services performed and for all disbursements incurred pursuant tot his Agreement and remaining unpaid as of the effective date of such termination. 9.02 Assignment Neither party may assign this Agreement without the prior consent in writing of the other. 9.03 Previous Agreements This Agreement supersedes all previous agreements, arrangements or understandings between the parties whether written or oral in connection with or to the Study. 9.04 Additional Services In consultation with the Consultant, the Client may, in writing at any time after the execution of the Agreement or the commencement of the Services, delete, extend, increase, vary or otherwise alter the Services forming the subject of the Agreement, and if such action by the Client necessitates additional staff or services, the Consultant shall be paid in accordance with the per diem rates and reimbursable expenses as outlined by Attachment NO.2 to this Agreement. 9.05 Approval by Other Authorities Unless otherwise provided in this Agreement, where the work of the Consultant is subject to the approval or review of an authority, department of government, or agency other than the Client, such applications for approval or review shall be the responsibility of the Consultant, but shall be submitted through the offices of ;1 the Client and unless authorized by the Client in writing, such applications for qLLV"- ~ - Page 6 - approval or review shall not be obtained by direct contact by the Consultant with such other authority, department of government or agency. 9.06 Records and Audit In order to provide data for the calculation of fees on a time basis, the Consultant shall keep a detailed record of the hours worked by and salaries paid to its staff employed for the Study. The Client, or persons authorized by the Client, shall have the right, at all reasonable times, to inspect or otherwise review the Services performed, or being performed, under the Study and the premises where they are being performed. The Consultant, when required by the Client, shall provide copies of receipts with respect to any disbursements for which the Consultant claims payment under this Agreement. 9.07 Arbitration All matters in dispute under this Agreement may, with the consent of both parties, be referred to arbitration. The award of the arbitrator shall be final and binding upon the parties. No person shall be appointed to act as an arbitrator who is in any way interested, financially or otherwise, in the conduct of the work on the Study or in the business or other affairs of either the Client of the Consultant. The provisions of the Ontario Arbitration Act shall apply. 9.08 Successor and Assignment This Agreement shall ensure to the benefit and be binding upon the parties hereto and, except as otherwise provided herein, upon their executors, administrators, successors and assigns. If a party which is a partnership should desire to bring in a new partner or partners to share the benefits and obligations of this Agreement, they may do so by properly notifying the other party in writing of such intended action. If a party to this Agreement is a partnership, and a partner thereof either dies or leaves the partnership, the remaining parties therein shall form a new successor partnership to share the benefits and obligations of the Agreement. Except as foresaid, neither party shall assign this Agreement without the prior consent in writing of the other. 9.09 Time The Consultant shall perform the Services expeditiously to meet the requirements of the Client and shall complete any portion or portions of the Services in such order as the Client may require. The Client shall have the right to take possession of and use any completed or partially completed portions of the work notwithstanding any provisions expressed or implied to the contrary. The Client shall give due consideration to all designs, plans, reports, proposals and other information submitted by the Consultant, and shall make any decisions which the Client is required to make in connection therewith a reasonable time so as not to delay the work of the Consultant. J' I",^, ~~~ - Page 7 - 9.10 Monthly Reporting of Progress When requested by the Client, the Consultant shall provide the Client with a written report showing the portion of the Services completed in the preceding month. 10.0 ATTACHMENTS 10.01 Attachment Nos. 1 (terms of reference) and 2 (proposal) attached hereto form part of this Agreement. IN WITNESS THEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. per: A C( tLdft7 yo (j.UCh Lf-ci. hawf] ~ ~~rt:h '2-. w~ / CONSULTANT: per: CLIENT: per: ATION OF THE MUNICIPALITY OF CLARINGTON per: CI Attachments THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2004- being a By-law to authorize a contract betWeen the Corporation of the Municipality of Clarington and Aquafor Beech Limited, 14 Abacus Road, Brampton, ON, l6T 5B7 to enter into an agreement for consulting services for the Environmental Impact Studies Roster I the area of Earth Sciences and Hydrogeology Resources, Terrestrial Resources, and Aquatic and Fishery Resources as per their proposal of May 25, 2004 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 and seal with the Corporation Seal, a contract between, Aquafor Beech Limited, Brampton, Ontario, and said Corporation. By-law read a first and second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton, Mayor Patti L. Barrie, Municipal Clerk TERMS OF REFERENCE PEER REVIEW OF TECHNICAL BACKGROUND STUDIES RELATED TO A PROPOSED OUTDOOR ORGANIC COMPOST FACILITY 1.0 BACKGROUND Miller Paving Limited has submitted development applications to permit the establishment of an outdoor organic compost facility. The applications include a Regional Official Plan Amendment (ROPA 2005-005), a Clarington Official Plan Amendment (COPA 2005-003), and a Zoning By-law Amendment (ZBA 2005-027). A site plan application will be required. The subject site is located at 1848 Baseline Road just north of the St. Lawrence and Hudson Railway and west of the unopened portion of Hancock Road, being Part Lot 27, Concession 1, former Township of Darlington in the Municipality of Clarington (see Attachment 1). The entire Miller landholdings are 31 ha in size and straddle the Courtice Urban Area boundary north of Baseline Road and east of Courtice Road. The compost facility is proposed on 24 ha of land north of the urban area. The southerly most portion of the landholdings (6.5 ha) are located within the Courtice Urban Area and possess industrial designation and zoning. With the exception of a small portion of the Miller South property proposed to be used as an access road from the proposed composting site to the open portion of Hancock Road, this south property is not considered part of the lands subject of this development proposal. Approximately one-half of the Miller North property has recently been used for agricultural crops. The remaining lands are treed and contain a small swamp. The development proposal is for an outdoor compost and wood processing facility designed to receive up to 4,200 tonnes/week of organic material. The waste could come from municipal, industrial, commercial and institutional clients. Leaf and yard waste will be sourced from residential collection within Durham Region and possibly from outside the Region. Material could also come from landscaping companies. Industrial, Commercial and Institutional (IC&I) organic material could include food and beverages not meeting quality standards, residual material from food processing activity, aquatic waste and agricultural waste. The Region's household organic waste will first be processed at Miller's Pickering facility and then it will be shipped to the Clarington site for final curing and blend ed with the leaf and yard waste. Wood processing will include waste wood and pallets. These will be received and sorted for reuse or recycling. No pressure treated or painted wood will be accepted. The site will produce retail grade compost, mulch of various sizes and colour, and soil/composUfibre mixes prepared for specific market requirements. This material will be sold in bulk for landscaping and agricultural use. Direct retail sales from the site may be considered in the future. It is intended that the compost produced will meet the Ministry of Environment's criteria for "Category A Compost". Miller Paving will undertake a sampling and monitoring program and any compost that does not meet MOE criteria will be kept on site for restricted use or will be disposed of in appropriate disposal sites. November 16, 2005. Revised January 26,2006 Page 1 The composting facility is proposed to develop in twp phases as follows: · Phase 1 - This phase includes an active compost pad with an approximate area of 30,320 m2, a 12,000 m2 screening area, an 11,700 m2 compost curing and storage area, a 4,000 m2 area for receiving and grinding, a 6,000 m2 area for wood recycling, a 2,400 m2 shelter, a 600 m2 maintenance shed, scales and scale house, a parking area, and two stormwater ponds . Phase 2 - In this phase, an additional 25,600 m2 will be added to the active composting area. Both Phase 1 and Phase 2 site development are included in the current application. It is proposed that the facility operate 5 days per week with the ability to run 7 days per week during peak periods, typically spring and fall. Site operations would generally occur from 7:00 a.m. until 7:00 p.m. with the potential that, during peak periods, the loader and compost screening equipment will be operational 24 hours a day. 2.0 PROVINCIAL POLICY STATEMENT (PPS) As the development applications were submitted in April 2005, the 2005 PPS is applicable. The PPS polices related to Waste Management, Infrastructure, Agriculture, Natural Heritage and Water are applicable to this proposal. The proposed development is required to be consistent with all applicable policies of the PPS. 2.1 Waste Manaaement The PPS defines a waste management system as including recycling facilities and processing sites for solid waste. Nowhere in the PPS is a compost facility mentioned. Therefore, for the purposes of determining compliance with the PPS, this proposal will be considered as a waste recycling facility and a waste processing site. The PPS (Section 1.6.8) states that waste management systems need to be provided that are of an appropriate size to accommodate present and future requirements and facilitate, encourage and promote reduction, reuse and recycling objectives. The design of waste management systems shall be located and designed in accordance with provincial legislation and standards. 2.2 Infrastructure The PPS defines Infrastructure as including waste management systems. Section 1.6 states that infrastructure is to be provided in a coordinated, efficient and cost-effective manner to accommodate projected needs. Planning for infrastructure is to be integrated with planning for growth so that it is available to meet current and projected needs. The use of existing infrastructure should be optimized, wherever feasible, before consideration is given to developing new infrastructure. 2.3 Aariculture The subject lands are designated "General Agricultural Area" in both the Durham and Clarington Official Plans and the broad definition of prime agricultural areas in the PPS includes lands so designated. The application is proposing a non-agricultural use within an agricultural area and criteria for the removal of land from prime agricultural areas are provided. Impacts from new non-agricultural operations and lands should be mitigated to the extent possible. November 16,2005. Revised January 26, 2006 Page 2 The exclusion of land from prime agricultural areas for limited non-residential uses may only be permitted subject to the following criteria: · The land does not comprise a specialty crop area · There is a demonstrated need within the planning horizon for additional land to be designated to accommodate the proposed use · There are no reasonable alternative locations which avoid prime agricultural areas · There are no reasonable alternative locations in prime agricultural areas with lower priority agricultural lands. 2.4 Natural Heritaoe and Water The site contains a tableland woodland, valley lands, and is located partially within the floodplain of Tooley Creek. The PPS advocates the protection of natural features and areas, and the protection, improvement or restoration of the quality and quantity of water. It must therefore be demonstrated that the proposed use can be established without having a negative impact on the natural features, including ground and surface water. 3.0 DURHAM REGION OFFICIAL PLAN CONTEXT The proposed facility is considered a waste disposal site by the Regional Official Plan (Section 2.3.8). The establishment of a new leaf & yard waste composting facility is permitted without an amendment to the Regional Plan, provided that the proposal meets the provisions of Section 2.3.9, the site is appropriately located and is zoned in a special category. However, the addition of wood waste processing, select ICI organic material and domestic organic compost curing components to this application requires a site- specific amendment to the Official Plan. Section 2.3.9 sets out the following criteria to be considered in the review of development applications for waste disposal sites: . The principle of reduction, re-use and recycling of waste · Alternative solutions for waste disposal · The impact of the proposal on the environment, the health of the surrounding residents the transportation system, and existing and future surrounding land uses; and · Financial implications to the Region. Reports submitted in support of an application for a waste disposal site will be peer reviewed. The subject site is located within the "General Agricultural" designation of the Durham Regional Official Plan. The predominant use of lands in this designation is for agriculture and farm related uses. November 16,2005. Revised January 26, 2006 Page 3 4.0 CLARINGTON OFFICIAL PLAN CONTEXT The lands are predominately designated "General Agricultural Area" and are in part designated "Environmental Protection". The "Environmental Protection" designation recognizes the valleylands of Tooley Creek. Lands designated "General Agriculture" shall be used predominantly for agricultural uses. The proposed 401-407 connecting link as identified in the Clarington Official Plan is located close to the subject lands. The Transportation Map 82 identifies a future grade separation to be constructed at the intersection of Hancock and Baseline Roads to address the railway crossing. Map C, being the Natural Heritage System Map, identifies environmental features on the subject lands. An environmental impact study has been prepared, as required when development is proposed on lands that are within or adjacent to a significant natural heritage feature. The Official Plan does not specifically address composting facilities, but indicates the Municipality's support for a waste management strategy that emphasizes the 3Rs of reuse, reduce, and recycle. Section 23.2.5 sets out general criteria for the consideration of privately-initiated amendments to the Official Plan. In particular, the following criteria would apply to the review of the subject application: . Conformity to the principles, goals and objectives of the Official Plan . Suitability of the location of the proposed use . Compatibility with existing and planned land uses in the surrounding area . Need for the proposed use. 5.0 PURPOSE AND OBJECTIVES OF PEER REVIEW 5.1 Purpose of Peer Review The purpose of the Peer Review is to review and evaluate the following technical studies submitted by the proponent in support of the subject development application: . Environmental Impact Statement - Gartner Lee Limited, March 2005 . Air Quality Assessment - Church & Trought Inc., June 2005 . Environmental Noise Impact Study - Aercoustics Engineering Limited, April 2005 . Phase 1 Environmental Site Assessment - Gartner Lee Limited, August 2005 . Storm Drainage Report - D.G. Biddle and Associates, June 2004 and Addendum to Storm Drainage Report D.G. Biddle and Associates, February 2006 (Forthcoming) . Baseline Water Quality Monitoring - Gartner Lee Limited, March 2005 November 16, 2005. Revised January 26,2006 Page 4 5.2 Obiectives of Peer Review The studies shall be reviewed and the findings of the review shall: · Evaluate the completeness and accuracy of the information provided ensuring: o that there are no key omissions or factual errors o that the data sources and methodology are documented, and o that the methodology and sampling procedures used are appropriate and valid . Determine that the study findings are reliable and unbiased . Evaluate the assessment of the proposed impacts · Evaluate the effectiveness and appropriateness of proposed mitigation, monitoring and remediation measures, and assess whether all viable options have been considered · Identify any gaps in information, whether the information requires further clarification and whether additional information should be provided. In addition to the above assessment criteria, the review of the environmental impact statement shall also determine whether it fulfills the requirements of Section 4 of the Clarington Official Plan. A complete set of the studies is attached. A Traffic Impact Study prepared by Cole Engineering dated May 2005 has also been prepared. The Clarington Engineering Services Department and TSH, the Municipality's engineering consultant, have reviewed this study. Review of this document is not included in the scope of this Peer Review. Archeology considerations have been investigated, as reported in a Stage 1-2 Archaeological Assessment - Archeoworks Inc., June 2005, and clearance has been provided by the Ministry of Culture. Peer Review of this document is not included in the scope of this Peer Review. As background to the Peer Review the following submissions are provided: . Applications for Region of Durham Official Plan Amendment, Municipality of Clarington Official Plan Amendment and Zoning By Law Amendment- Gartner Lee Limited, March 2005 . Application for Environmental Protection Act Certificate of Approval has been submitted to the Ministry of Environment. The application and supporting document (Environmental Protection Act Provisional Certificate of Approval for a Waste Disposal Facility - Gartner Lee Limited, July 2005) . Application of Provincial Policy Statement and Clarington Official Plan Policy 23.2.5 - Gartner Lee Limited February 2006 (Forthcoming) These documents are provided for the consultant's background information only and are not subject to Peer Review. November 16, 2005. Revised January 26, 2006 Page 5 5.3 Other Matters Upon review of the Terms of Reference, if a consultant notices an area/topic that was not considered that would provide value to the process, the consultant is requested to identify this in the proposal. 6.0 CONSULTANT RESPONSIBILITIES In addition to completing the Peer Review as set out in Section 5.2 and presenting the findings of the Peer Review in a report format, the consultant shall also attend the site, and be available for a minimum of 3 meetings (start up, draft report, final report) 7.0 ADMINISTRATION OF PEER REVIEW The Peer Review will be administered by the Municipality of Clarington. A steering committee with representatives from the Region of Durham Planning Department, the Central Lake Ontario Conservation Authority, the Municipality of Clarington, an area residenUlandowner, the applicant and their consultant(s) will be established to provide input to the administration of the Peer Review. In addition to attending meetings with the Steering Committee, the Consultant shall be available, within reason, to discuss the Peer Review with members of the Steering Committee to assist in their understanding of technical information. The draft report shall be submitted within 4 weeks from the project commencement date. 8.0 PROPOSAL FOR SERVICES The Consultant shall prepare a written proposal of the Peer Review containing the following: a) A detailed description of the Consultant's suggested approach to the Peer Review as outlined in these Terms of Reference. b) A schedule for the work to be undertaken in order to meet the required time line as provided in Section 7.0, including: . expected commencement date, . expected length of Peer Review · expected dates for the submission of the draft report and final report. c) The name(s) of those persons who will undertake the following work: . co-ordination and management of the Peer Review; · field work and analysis for each component of the Peer Review; · attendance at Steering Committee meetings. d) Cost estimates with upset costs for the Peer Review, including such matters as the cost of meetings, mileage, secretarial, telephone, fax, computer and printing costs. The Consultant will furnish an itemized estimate of the costs of each component of November 16,2005. Revised January 26, 2006 Page 6 the process. Any per diem rates and meeting rates for additional work not specifically covered in these terms shall also be provided. All per diem rates and costs shall be consistent with the agreement with the Municipality of Clarington. e) A schedule of hourly rates and an estimate of the number of days that each member would spend on the Peer Review and a sum total of this time; f) A statement of disclosure that the consultant and/or all sub-consultants have no conflict of interest in undertaking the Peer Review. g) A statement of disclosure that the consultant and/or all sub-consultants have no conflict of interest with any of the consultants that prepared the technical background work that will be peer reviewed. 9.0 DELlVERABLES The Consultant shall prepare the following documents: Reports · Draft Report 1 0 copies . Final Report 15 copies All reports will be provided on a CD. Text will be provided in Microsoft Word. Mappino and Data All mapping and any tabular data on natural heritage features will be provided in a format compatible with the Natural Heritage Data Management Strategy. Reaional and Municipal Ownership All original texts, maps, plates, data, reports and other materials or information collected or prepared by the Consultant shall be considered municipal property and will be turned over to the Region, the Municipality and the Conservation Authority at the conclusion of the Peer Review. A full and complete copy of the information will also be provided to the proponent. 10.0 COST OVERRUN All costs incurred by the Consultant in the preparation of the Peer Review a nd not specifically provided for in the Consultant's proposal and authorization letter will not be the responsibility of the Region of Durham, the Municipality of Clarington, or the Central Lake Ontario Conservation Authority. November 16, 2005. Revised January 26, 2006 Page 7 11.0 CONDITIONS The consultant must not include restrictive or conditional statements to alter the intent of the Terms of Reference. The Municipality will not execute an agreement with the Consultant to undertake the Peer Review until such time as funding to cover the full cost of the Peer Review has been provided by the development proponent. ATTACHMENTS NO.1: Site Plan NO.2: Map A5 of the Durham Official Plan NO.3: Relevant Excerpts of Clarington Official Plan (Schedules and text) NO.4: Municipality of Clarington EIS Guidelines NO.5: Excerpt of Clarington Comprehensive Zoning By-law (Schedule and text) NO.6: Complete Set of Background Studies prepared by Applicant November 16,2005. Revised January 26,2006 Page 8 ,/ Aquafor Be~sh ~. ~-~ - . February 21, 2006 Municipality of Clarington 40 Temperance Street Bowmamille, Ontario LiC 3A6 Attention: Ms. Janice Szwarz. Senior Planner Subject: Proposal to Conduct Peer Reviews Miller Waste Proposed Composting Facility, Hancock Road, Clarington Dear Janice, Aquafor Beech Limited proposes to conduct peer reviews tor the Municipality of Clarington, in conformity with the Draft Term~ of Reference provided to us (November 15, 2006; revised January 25, 20()(,). Task 1 The first task ",...ill be a peer review of the following background documents: · Clarington Compost facility - Miller Waste Systems, Air Quality Assessment. Church & Trought Inc., June 2005; · Clarington Compost Facility. Environmental Noise Impact Study. Aercoustics Engineering Limited. April 2005; · Phase I Environmental Site Assessment, Miller Waste Systems, Clarington Property. Gartner Lee Limited, August 2005; · Storm Drainage Report for the Miller Group, Tooley Creek Watershed. D. G. Diddle & Associates Limited, June 2004; and, · Daseline Water Quality Monitoring for Proposed Clarington Composting Facility, Gartner Lee Limited, March 2005 Aquafor Beech LimIted does not have the in-house expertise to conduct peer reviews the noise and air quality reports. We intend to call upon outside expertise. specifically Mr. Header Merza, P.Eng., and Mr. Hazem Gidamy, P.Eng." with SS Wilson Associates (Richmond Hill) tor the noise study and Mr. Benjamin Coulson, P.Eng., with Jacques Whitford Limited (Markham) for the air quality study. The peer reviews WIll be coordinated by Barry Gorman of Aquafor Beech Limited. The individuals and their fees are introduced in Table 1. :..'1; t"1 r" t;'" "lrt:;-;: '.:r'q,lor' ~)r"l,f:, ~','l HI .1 l" - - - -: .... - - ."; - ,- -,,- Table I: Peer Review ofDackgrou.od Documents - MiUer Pavhtg Proposed Compost FaciUty Barry Gonnan, Aquafor Becch ConLwninatl:d 100(800.00) 2,900.00 950.00 Ph.D., P.Eng. Ltd. sires, water quality Brian H indlcy, Aquafur Bt:ccb Aquatic 120 (960.00) NA 0 MoSc. T.td. hiulogy, EIS Dave Maunder. Aquafur Beech Stonnwater & 125 (1,000.00) 2,000.00 1 ,000.00 M.Sc., P.Eng. Ltd. EIS Header Merm. SS Wilson 100 (Roo.OO) M.Sc., P.Eng. Associates Noise &. vibration 2,700,00 950.00 H..'\Zenl Gidamy, SS Wilson I RO (1,440.00) M. Eng., P.Eng. Associates Ben Coulllon, Jacqucs Air qualily 1380,104.(0) 2,580.00 1,350.00 MASc., ".Eng, Whitford I.rd, TuwIs (IllI.:Iudillg 7% G.ST.) 10,892.60 4,547.50 Task 2 The second task will consist of a brief synthesis of the conclusions from Task: I, one site visit and a pC'-T review oftwo dt.lCurncnts. spccitically ""Enviroumental Impact Statement. Hancock Road Organic WMStc Management Facility - Clarington", hy Gartner Lee Limited (March 2005) and the most recent adckmluTlI Muhmittcd to CI.oCA. The individuals involved and fees are as follows: T.ble 2: Peer Review or F.lS Documents - Miller Paving Proposed Compost Facility 'Jl;"'~;-,'.'."": . ~,," :~'...' '.......".......~'~'.................~ ..~.. .....'..~~.:...,.'..., :;'r.'''''';''~' ~;,'.,'~"~...t,. ..w._..., ,. ., ~JI~. m~i~~mm~1~M~~t} !'j:f~~~~~i: . Barry Gorman, Pb.U., P.eng. Aquafor BcC(:h Ltd. Contaminated 100 (800.00) sites, water quality Aquatic 120 (960.00) biulogy, EIS StmmwatL.T & 125 (1,000.00) FrS 950.00 950.00 BriWl Hi.ndlc:y, M}k. Aquufol' Beech Ltd. 2,920.00 1 ,000.00 Dave Maunder. M.Sc., P.Eng. Aquafor Beech Ltd. 2,000.00 1,000.00 Totals (lnc.luding 7% G.S.T.) 6,280.90 3,156.50 PlIgl! 2 or 3 Disclosure and Deliverables Aquafor Beech Limited declares that it has no conflict of interest in undertaking the peer revitlw~ nor with any of the consultants that prepared the technical documents to be peer reviewed. Aquafor Beech Limited has been assured by its sub-consultants (SS Wilson Associates and Jacques Whitford Limit~) that neither of these sub-consultants have any conflicts. Deliverables will comprise: · Task 1: Ten ( 10) copies of the draft report summarizing peer reviews of technical background documents. . rhe draft report will be submitted no later than 10 working days from notification to proceed; · Task 2: Ten (10) copies of the draft report summarizing peer reviews of the EIS and Addendum. The draft report will be submitted no later than 10 working days from notification to proceed: · Final Report: Fifteen (15) copies of the final report summarizing the results of Tasks 1 and 2. The final report will be submitted within 10 days of the final review by, and meeting with, the Steering Committee. I trust this will meet with your approval.