HomeMy WebLinkAbout23 206 Bruce Power Letter Agreement (2023) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2023 - 206
Being a By-law to Authorize a Letter of Agreement with the Bruce Power
L.P. regarding the completion of Phase 1 and execution of Phase 2 Scope
of Work per the Water Supply Agreement
Whereas Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provide that the powers of a municipality under this or any other Act
shall be interpreted broadly so as to confer broad authority on the municipality to
enable the municipality to govern its affairs as it considers appropriate and to
enhance the municipality’s ability to respond to municipal issues and has the
capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act; and
Whereas The Municipality of Kincardine entered into an agreement effective
October 16, 2023 (the “Water Supply Agreement”) pursuant to which Bruce Power
and the Municipality agreed to terms relating to the purchase, sale and supply of
Drinking Water to the Bruce Site; and
Whereas Bruce Power and the Municipality wish to enter into an agreement to
document the completion of Phase 1 Scope of Work, as such term is defined in
the Water Supply Agreement, and their agreement to execute the Phase 2 Scope
of Work, as defined in the Water Supply Agreement, and set a cost cap for the
Municipality to execute the Phase 2 Scope of Work; now therefore be it
Resolved that the Council of The Corporation of the Municipality of Kincardine
Enacts as follows:
1. That The Bruce Power L.P. Letter Agreement made effective the 13th day
of December 2023, more particularly set out in Schedule “A”, be approved
as presented.
2. That the Mayor and Clerk be authorized to sign and execute, on behalf of
The Corporation of the Municipality of Kincardine, the Bruce Power L.P.
Letter Agreement attached as Schedule “A”.
3. That this By-law shall come into full force and effect upon its final passage.
4. That this By-law may be cited as the “Bruce Power Letter Agreement (2023)
By-law".
Read a First and Second Time this 13th day of December, 2023.
Read a Third Time and Finally Passed this 13th day of December, 2023.
Mayor Clerk
CONTRACT FOR CONSULTING SERVICES
Effective Date
January 10, 2023
Municipality
Corporation of the Municipality of Kincardine, an Ontario municipality having
offices at 1475 Concession 5, Kincardine, Ontario N2Z 2X6
Contractor
(Stantec to complete this section)
RFx Title/Number
MOK Water Supply to Bruce Power Schedule C Class
CONTRACT REPRESENTATIVES
For Municipality:
For Contractor:
Name
Adam Weishar, C.E.T
Name
Nelson Oliveira P.Eng
Title
Director of Infrastructure and
Title
Vice President, Regional
Development
Business Leader, Water -
Canada East
Phone
Direct:519-396-3468 ext.7119
Phone
Direct: 519-675-6620
Mobile: 519-494-7642
Email
aweishar@kincardine.ca
Email
nelson.oliveira@stantec.com
Address for
Municipality of Kincardine
Address for
Stantec
Notices
1475 Concession 5
Notices
600-171 Queens Avenue
Kincardine, ON N2Z 2X6
London ON N6A 5J7
1. Contract Documents. The contract between the Municipality and Contractor for the supply of
consulting services is comprised of the following documents (collectively, the "Contract"):
a) This document;
b) Attachment A - Scope of Work/Fee Schedule;
c) Attachment B - Insurance Schedule
Where a document listed above is not physically attached to the Contract, it is deemed incorporated
by reference. In the event of a conflict or inconsistency between any of the above documents, the
conflict or inconsistency shall be resolved in favour of the document first appearing on the above
list. If the Bid is the result of a competitive solicitation process, any assumptions, conditions,
restrictions, or qualifications in the Bid are of no force or effect.
2. General. Contractor shall provide the services and deliverables outlined in the Contract (together,
the services and the deliverables are the "Work") at the prices set out in Attachment B (the "Price"),
in accordance with the terms of the Contract.
Contract Term. This Contract is effective as of the Effective Date and shall expire upon the
Municipality's approval of the final deliverable to be submitted in connection with the Work (the
"Term").
3. Personnel. Contractor must only use qualified personnel to perform the Work. The Municipality
may at any time order the removal of any personnel on reasonable grounds including, without
limitation, for acts of negligence or misconduct, lack of qualifications, or a violation of the
Municipality's applicable workplace policies. If such an order is made, Contractor shall immediately
remove the person from the Work and shall secure an equivalent replacement to be reasonably
approved in writing by the Municipality. When requesting approval for a replacement, Contractor
must demonstrate the equivalency of the replacement. The approval request must be sent at least
7 calendar days prior to the change in personnel. The Contractor shall bear the cost of training and
orienting a replacement personnel to the level of the replaced personnel.
4. Delivery Dates. Contractor shall perform the Work and provide any deliverables in accordance with
the schedule set out in the Scope of Work, as may be modified with the Municipality's reasonable
prior written approval ("Work Schedule"). Contractor must notify the Municipality as soon as it
becomes aware that it cannot meet the Work Schedule and propose a revision to the Work Schedule.
If accepted by the Municipality in writing, the proposed revision shall become the new Work
Schedule. If the revised Work Schedule is not acceptable the Municipality, in addition to other rights
and remedies it has under the Contract, the Municipality may terminate the affected Work without
penalty or payment of cancellation fees.
5. Inspection and acceptance. The Municipality shall have 14 calendar days following receipt to
reasonably inspect and accept the Work, failing which acceptance is deemed. Where the
Municipality reasonably rejects the Work, the Municipality may exercise any one or combination of
the following remedies at its option, without liability and at the Contractor's expense: (a) require the
Contractor to promptly reperform or replace the rejected Work; (b) obtain a full refund; (c) terminate
the Contract.
6. Prices and Price Increases. The Prices are exclusive of Canadian GST/HST and PST and inclusive of
any other taxes, duties, fees, including brokerage fees and levies that may be imposed on Contractor.
Contractor is entitled to apply for any tax credits applicable to or in relation to its services and shall
be entitled to provide such information as may be required by the relevant tax authority to the
authority. Hourly rates and other pricing shall remain fixed for the Term, and the total price for the
Work, if any, indicated in Attachment B is the maximum amount payable by the Municipality under
this Contract. Where no pricing is specified for an extension term, the increase must not exceed the
Canadian Consumer Price Index as published in the month prior to the notice. Travel and incidental
expenses will only be reimbursed if expressly set out in Schedule B and agreed to in writing by the
Municipality prior to such expense being incurred.
7. Timely Invoicing and Payment. Unless otherwise expressly stated in Attachment B, Contractor must
submit invoices for accepted Work on a monthly basis for Work delivered in the previous month
based on the pricing set out in Attachment B. All Work must be invoiced within 90 calendar days
after expiry of the acceptance period in this Contract or expiration or termination of the Contract,
whichever is earlier. Undisputed invoices issued within the foregoing time frame will be paid within
30 calendar days of receipt of a proper invoice. Invoices must be submitted to the attention of
Accounts Payable at the address set out above or by email at AccountsPayable@kincardine.ca and
must reference the Municipality's purchase order number and describe the Work provided and dates
provided. For Services billed on time and materials basis, charges for time worked each day in the
period must be shown along with the name of personnel performing the Services and for each line
item the dollar amount (if applicable). Sales taxes payable by the Municipality must be shown as
separate items, and the Contractor's HST or other tax registration number. Unless otherwise agreed,
Contractor must complete the Municipality's forms to enable payment by electronic funds transfer.
The Municipality will not pay for any Work delivered in excess of that required by the Contract unless
the Municipality has expressly agreed to purchase such additional work in writing in advance.
8. Taxes. Where any amounts due are subject to any Canadian legislated deduction, withholding or
similar tax, the Municipality will deduct or withhold the necessary amount unless Contractor
provides acceptable documentation clearly confirming such withholding is not required. The
Municipality will not pay GST/HST or PST unless such taxes have been so identified on the invoices
submitted to the Municipality by Contractor. Contractor's invoices will not be returned or adjusted
by the Municipality to correct errors or omissions in Contractor's tax calculations or tax assumptions.
9. Warranty. Contractor represents and warrants that the Work (a) will be performed in a diligent and
professional manner and be of a quality at least equal to that generally accepted in the industry or
profession for similar work and (b) will not infringe any intellectual property rights. The Contractor
shall reperform any Work that does not comply with this warranty. The above warranties, survive
inspection, test, acceptance of and payment for the Work and are in addition to any other remedies
available to the Municipality at law.
10. Change Orders. The Municipality or the Contractor may, at any time, propose a change to the Work
or Work Schedule, by way of a written change order request to the other party. The change shall
only come into effect if the change order request is accepted in writing by both parties. Any change
to Price shall be in accordance with the rates stipulated in Attachment B or, where such rates are
not listed, then at prices mutually agreed to in writing.
11. Working on Municipality Property; Clean-up; Storage of Contractor Materials. Contractor shall
comply with all Municipality policies applicable to parties working on Municipality property or
otherwise performing Work on behalf of the Municipality (including without limitation Covid
vaccination policies). The Contractor shall be responsible for any damage to Municipality property
or equipment directly caused by its personnel, including subcontractor personnel. Contractor shall
in all cases obtain a pre -approval in writing from the Municipality prior to storing any Contractor
materials on Municipality property. Storage of Contractor material on Municipality property is at the
Contractor's sole and exclusive risk and the Municipality is not responsible for any damage to, or loss
of, Contractor's material while stored on Municipality property. Contractor shall remove and dispose
of any Contractor materials within 5 calendar days of a request from the Municipality, failing which
the Municipality may arrange for the removal of such materials.
12. Termination
12.1. For Default. A non -defaulting party may immediately terminate this Contract if: a) the defaulting
party has been provided with written notice of a breach of contract and has failed to cure the
breach to the non -defaulting party's satisfaction within 10 calendar days; b) the other party is
adjudged bankrupt, makes a general assignment for the benefit of creditors because of insolvency,
or if a receiver or trustee in bankruptcy is appointed.
12.2. For Convenience. The Municipality may at any time and for any reason terminate the Contract, in
whole or in part, without any liability for such termination except as expressly stated in this
Contract. If the Municipality terminates the Contract pursuant to this subsection, the Contractor
shall make reasonable efforts to mitigate all costs associated with such termination. The
Municipality shall pay for the Work properly performed up to the date of termination and
reimburse reasonable and verifiable non -cancellable materials costs and other reasonable direct
costs, if any, incurred as a result of the termination for convenience.
12.3. Suspension. The Municipality may at any time suspend the Work, in whole or in part, by written
notice to the Contractor without liability to the Contractor except as set out in this subsection. The
Contractor shall promptly resume the Work only upon written notice from the Municipality. If the
suspension period exceeds 30 consecutive days, not due to any act or default of the Contractor,
the Contractor may elect to declare the Contract terminated by issuing a notice to terminate the
Contract to the Municipality. In the event of a termination pursuant to this subsection, the
Contractor shall be paid as if the Contract was terminated for convenience by the Municipality.
12.4. Obligations Following Termination. Upon termination, if requested by the Municipality and if the
applicable Work has been paid for, the Contractor shall promptly provide to the Municipality all
work in progress relating to such Work together with any other documentation or information
necessary for the Municipality to complete or have the Work completed. If work in progress is
delivered to the Municipality, it is delivered on an "as is" basis, and without any warranties from
the Contractor.
12.5. Maximum Payment to Contractor. The Municipality shall not be liable to the Contractor for costs
or damages arising from suspension or termination of the Contract except as explicitly set out in
this section. The total aggregate payments to Contractor under this Contract, including any other
payment already made, shall under no circumstances exceed the maximum fees to be paid for
Work for the then current Term.
13. Liability. Neither party shall be liable to the other party for lost profits, lost opportunity, special,
consequential, incidental, exemplary or indirect costs from any cause whatsoever, even if advised of
the possibility of such costs or damages. The total amount of all claims the Municipality may have
against the Contractor under this Contract or arising from the performance or non-performance of
the Services under any theory of law, including but not limited to claims for negligence, negligent
misrepresentation and breach of contract, shall be strictly limited to the lesser of the fees or
$500,000. As the Municipality's sole and exclusive remedy under this Contract any claim, demand or
suit shall be directed and/or asserted only against the Contractor and not against any of the
Contractor's employees, officers or directors..
14. Indemnity. Contractor shall indemnify and hold harmless (but not defend) Municipality, its
employees, the mayor, councilors, and officers (collectively "Municipality Personnel") from and
against any regulatory inquiries and related damages, losses, costs and expenses, including
reasonable legal fees (collectively, "Claims and Costs") to the extent caused by: (i) negligent acts or
omissions; (ii) infringement of intellectual property rights; (iii) personal injury (including bodily injury
or death) or damage to property; (iv) breach of confidentiality or privacy provisions of the Contract;
or (v) breach of applicable laws as each is attributable to the negligent acts or omissions of Contractor,
its officers employees, directors, officers, subcontractors, suppliers and other representatives.
Contractor shall have no obligation pursuant to this section to the extent that the Claims and Costs
arise from the negligent acts or omissions of Municipality Personnel.
15. Intellectual Property. In exchange for the consideration provided to Contractor, the Municipality is
assigned all intellectual property rights in the delivered Work, including without limitation
documents, software, artistic works or other materials or information and delivered pursuant to this
Contract except to the extent the deliverables include proprietary items and materials that existed
prior to the Effective Date (such pre-existing works are the "Pre -Existing Materials".) The
Municipality is hereby granted a perpetual, paid -up, royalty free, irrevocable license to such Pre -
Existing Materials to the fullest extent required by the Municipality to make use of the Work for the
Municipality's internal purposes and for any additional purpose as may be expressly contemplated
by this Contract. Contractor agrees to execute any assignment, conveyance, or any other assurance
necessary to give effect to this Section. The plans and specifications prepared by the Contractor
under the Contract shall become the property of the Municipality upon full payment of all monies
owed to the Contractor. The Municipality agrees, to the fullest extent permitted by law, to indemnify
and hold the Contractor harmless from any claim, liability or cost (including reasonable attorney's
fees and defense costs) arising or allegedly arising out of any reuse or modification of the Work
Product by the Municipality or any person or entity that obtains the Work Product from or through
the Municipality.
16. Confidentiality. A party's (the "discloser") information that any person would reasonably consider to
confidential that is provided to the other party (the "recipient") will be treated as confidential and
only used for the Work except for (a) information that is in the public domain; (b) was already in the
possession of recipient at time of disclosure free of any obligations of confidentiality; (c) is lawfully
disclosed to recipient by a third party without any obligation of confidentiality; (d) was developed by
recipient without reference to the discloser's confidential information. All information distributed and
collected with respect to the Contract, including this Contract, is subject to the Municipal Freedom of
Information and Protection of Privacy Act, RSO and may need to be disclosed at law. In the event a
request is made to produce discloser's confidential information to a third party, the recipient shall
notify the discloser so that the discloser may take measures to protect its confidential information
from disclosure. Notwithstanding any term to the contrary, the Municipality will comply with any legal
disclosure requirements under applicable laws.
17. Municipality Property. Publicity and Privacy. All Municipality property supplied to Contractor to
perform the Contract: i) will be used solely for the purpose of carrying out the Work and for no other
purpose; ii) will remain the property of the Municipality; and iii) will be promptly returned or
destroyed at the Municipality's request at the expense of Contractor. The only exception to the
above is that Contractor may keep one copy, for archiving purposes, of all information which is
relevant to its conclusions and recommendations, under the same confidentiality conditions as
described herein. Contractor shall at all times take all measures reasonably necessary, including
those set out in any instructions issued by the Municipality, for the protection of such property.
Contractor shall not use the Municipality's name in any public statement or publicize the fact the
parties are doing business, without the prior written consent of the Municipality. Contractor agrees
that, unless otherwise agreed in writing by the Municipality, all sensitive personal and security
sensitive information disclosed by the Municipality, or managed, accessed, collected, used, retained,
created or disposed of in order to fulfill the requirements of the Contract will at all times be stored
on segregated, stand-alone information systems in Canada unless otherwise approved in writing by
the Municipality.
18. Contractor Records and Audits. Contractor shall keep all books and records pertaining to the Work
including costs for a period of 7 years following the expiration or termination of the Contract. The
Municipality, or its authorized representative, shall have the right to inspect, review and/or audit
such books and records upon S calendar days' notice to the Contractor, at no cost to the
Municipality. Where such audit or inspection discloses an overpayment by the Municipality, the
Contractor shall be responsible for repaying such overpayment forthwith. Notwithstanding the
foregoing, the Municipality's right to inspect, copy and audit shall not extend to the composition of
the Contractor's rates and fees, percentage mark-ups or multipliers but shall apply only to their
application to the applicable units.
19. Subcontracting. Unless otherwise prohibited in the Scope of Work, Contractor may subcontract
portions of the Work provided that the Contractor obtain the Municipalities prior written consent.
Notwithstanding the foregoing, the Contractor shall remain liable for all Work performed and its
subcontractors' compliance with the Contract.
20. Notices. Each party shall deliver notices under this Contract in writing and addressed to the other
party at the addresses set forth on the first page of this Contract or to such other address that may
be designated by the receiving party from time to time in accordance with this section. Each party
shall deliver notices by personal delivery, regular mail, nationally recognized overnight courier (with
all fees prepaid) or email. Notices shall be deemed received on the date of delivery by hand; 7
calendar days following posting in regular mail; upon confirmed delivery by the courier service; and,
if by email, when the recipient party confirms by whatever means that it has received the notice.
Except as otherwise provided in this Agreement, a notice is effective only (a) upon receipt by the
receiving party and (b) if the party giving the notice has complied with the requirements of this
section.
21. Governing Law and Competent Court. The construction, interpretation and performance of the
Contract are governed by the applicable laws of the Province of Ontario and Canada, without regard
to conflicts of laws principles. The parties attorn to the exclusive jurisdiction of Ontario courts in all
matters arising under this Contract.
22. Miscellaneous. Contractor is contracted as an independent contractor and not as agent, joint
venturer or employee of the Municipality. Contractor shall at all times comply with applicable laws
at Contractor's sole expense. Nothing in this Contract grants Contractor the right to exclusively
provide the Work and the Municipality may contract with others for the same or similar work. Any
delay by a party in the exercise of any right or remedy provided herein shall in no event be deemed
to be a waiver of such right or remedy. To be valid, any waiver must be made in writing expressly
referencing the Contract. If any provision of the Contract is held to be invalid or unenforceable by a
judicial or regulatory authority, the meaning of such provision shall be construed, to the extent
feasible, so as to render the provision enforceable. If no feasible interpretation would save the
provision, it shall be severed, and the remainder shall not be affected and shall be enforced as nearly
as possible according to its original terms and intent. The Municipality may assign its rights and
obligations under the Contract without requiring any notice to or consent from Contractor.
Contractor may not assign or transfer any right or obligations hereunder without the prior written
consent of the Municipality, which consent shall not be unreasonably withheld. The indemnity shall
be in addition to and not in lieu of any insurance required to be provided by the Contractor in
accordance with this Contract. The warranty, indemnity and other provisions reasonably intended
to survive termination or expiration of the Contract shall survive. This Agreement may be executed
by electronic signature, or signed by hand and scanned, and delivered in any number of counterparts
which, together, shall constitute one and the same instrument. Once signed, a copy or electronic
version of the document will have the same force and effect as the original document. Les parties
ont accepte que ce document soit redige en anglais. The parties have agreed that this document be
prepared in the English language.
IN WITNESS WHEREOF, this Contract has been executed by the undersigned authorized representatives
of each party.
The Corporation of the Municipality of STANTEC
Kincardine
Name: Kenneth Craig
Name: Nelson Oliveira P.Eng
Title: Mayor Title: Vice President, Regional Business
Leader, Water - Canada East
Kenneth Craig
Signature: Signed with ConsignO Cloud (2024/01/20) • '
Verify with verifio.com or Adobe Reader.
Date: January 24th, 2024
SECOND SIGNATURE:
The Corporation of the Municipality of Kincardine
Name: Jill Bellchamber-Glazier
Title: CAO
Jillene Bellchamber-Glazier
Signed with ConsignO Cloud (2024/01/24) • '
Signature: Verify with verifio.com or Adobe Reader.
Date: January 24th, 2024
Nelson Olive, 4RSignature: Signed with ConsignOCIria2P20)
Verify with verifio.com or Adobe Reader.
Date: January 24th, 2024
ATTACHMENT A
SCOPE OF WORK/FEE SCHEDULE
DocuSign Envelope ID: 5156C528-C721-4713-8690-CE027COAF2DC
Bruce Power -
I nnova tion at work
November 30, 2023
The Municipality of Kincardine
1475 Concession 5, RR5
Kincardine, ON N2Z 2X6
Attention: Ms. Jillene Bellchamber-Glazier, Chief Administrative Officer
Recitals:
A. Bruce Power L.P. and the Municipality of Kincardine (the "Municipality" or "Kincardine")
entered into an agreement effective August 31, 2017 (the "Original Agreement"), pursuant to
which the Municipality completed a portion of the work necessary to assess the feasibility of the
Municipality providing water and wastewater services (the "Water Services") to the Bruce
Nuclear Generating Station.
B. Bruce Power and the Municipality entered into an agreement effective June 22, 2022 (the "2022
Funding Agreement") pursuant to which Kincardine agreed to undertake the next phase of the
work to assess the feasibility of Kincardine providing Water Services to the Bruce Site; such work
includes the completion of a Schedule C Class Environmental Assessment for the Kincardine
Water Supply System in accordance with the Municipal Class Environmental Assessment
planning process (the "Schedule C Class EA"), with Bruce Power funding the actual work to be
performed by each of Kincardine's consultants B.M. Ross and Associates Limited (`BMROSS")
and Stantec Consulting Ltd. ("Stantec"), in each case up to a not -to -exceed cap.
C. Bruce Power and the Municipality entered into an agreement effective October 16, 2023 (the
"Water Supply Agreement") pursuant to which Bruce Power and Kincardine agreed to terms
relating to the purchase and sale and supply of Drinking Water to the Bruce Site.
D. Bruce Power and the Municipality now wish to enter into this Agreement to document the
completion of the Phase 1 Scope of Work, as such term is defined in the Water Supply Agreement,
and the Parties' agreement to execute the Phase 2 Scope of Work, as defined in the Water Supply
Agreement, and set a cost cap for the Municipality to execute the Phase 2 Scope of Work.
E. Bruce Power has required that the Municipality retain Stantec and BMROSS to execute the Phase
2 Scope of Work.
F. In accordance with such Bruce Power requirement, the Municipality has retained, or will retain,
Stantec to perform certain portions of the Phase 2 Scope of Work, which includes the completion
of design and tender for upgrades to the water treatment plant and the Physical Facilities for the
Kincardine Drinking Water System and all of the work specified in Stantec's work plan dated
November 24, 2023 (the "Work Plan") attached as Schedule C to this Agreement (such work is
referred to herein as the "Stantec Work").
Bruce Power L.P.
Telephone 519-361-2673
www.brucepower.com
DocuSign Envelope ID: 5156C528-C721-4713-8690-CE027COAF2DC
G. In accordance with such Bruce Power requirement, the Municipality has retained, or will retain,
BMROSS to perform certain portions of the Phase 2 Scope of Work, which consists of: 1. work
related to the Water Supply Agreement; 2. review of Stantec documents; and 3. attendance at
routine meetings with the Municipality, Bruce Power and Stantec (collectively, such work is
referred to herein as the "BMROSS Work" and the Stantec Work and the BMROSS Work are
collectively referred to herein as the "Work").
H. Bruce Power will fund the actual cost for i. Stantec to perform the Stantec Work, and ii.
BMROSS to perform the BMROSS Work, subject to the terms of this Agreement.
This letter agreement (the "Agreement") is made effective as of the 13 day of December, 2023 (the "Effective
Date") between Bruce Power and the Municipality (collectively, the "Parties" and individually, a "Party").
Capitalized terms used but not defined in this Agreement have the meaning set out in the Water Supply
Agreement.
The Municipality of Kincardine and Bruce Power L.P. hereby agree as follows:
Phase 1 Completion
The Parties confirm that the Phase 1 Scope of Work has been completed, subject to and in accordance with the
following:
All of the work contemplated by the 2022 Funding Agreement, entailing four sub -phases comprised of
(i) public consultation, (ii) environmental/archeological/geotechnical studies (including completion of
the Schedule C Class EA), (iii) technical analysis and (iv) preliminary design and drawings is complete,
except for the Ministry of Environment, Conservation and Parks and public Notice of
Completion periods required as part of the Class EA completion.
2. All of the work required to identify and agree on general location and size of the property, if any,
required pursuant to Subsection 3.3.2 of the Water Supply Agreement for purposes of constructing the
primary booster pumping station is complete, and Bruce Power has informed the Municipality of the
need to enter into an option to purchase the land for a booster pumping station.
3. The Parties have agreed that the facilities listed in Schedule C to the Water Supply Agreement are the
facilities required to be constructed up to the Connection Point in order to provide the Bruce Site with
Drinking water from the Kincardine Drinking Water System, excluding the Drinking Water storage
facility, which the Parties hereby agree is not required.
4. The Proportionate Share for each of the Physical Facilities and the design cost for the expansion of the
WTP shall be as follows:
i) for the design cost of the expansion of the
57.53% Bruce Power; and
ii) for the Physical Facilities: 100% Bruce Power.
Water Treatment Plant: 42.47% Municipality and
The Phase 1 All -In Estimate shall be set at $13,341,764 and shall be as set out in Schedule B to this
Agreement. The Parties agree that the Phase 1 All -In Estimate is not a Class 3 Estimate, as required in
the Water Supply Agreement, but is a mix of Class 3 and 4 estimates.
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DocuSign Envelope ID: 5156C528-C721-4713-8690-CE027COAF2DC
Phase 2 Approval
The Parties wish to execute Phase 2 of the Project pursuant to the Water Supply Agreement and the Phase 2
Scope of Work which consists of the following:
(a) the work required to finalize the design, prepare the "for construction" drawings, facilitate the issuance of the
Tender for the construction and commissioning of the Physical Facilities and the expansion of the WTP by the
Municipality and receipt of bids from the bidders; and
(b) the work required to finalize an agreed price for purchase of the property, if any, required pursuant to
Subsection 3.3.2 of the Water Supply Agreement for purposes of constructing the primary booster pumping
station, and,
(c) by the end of the foregoing requirements, the Municipality shall deliver a Class 2 Estimate and a Phase 2
All -In Estimate to Bruce Power for consideration.
Scope of Work
The Municipality agrees that it shall cause Stantec to complete the Stantec Work using reasonable efforts to
complete the Stantec Work in accordance with the work schedule set out in the Work Plan.
The Municipality agrees that it shall cause BMROSS to complete the BMROSS Work using reasonable efforts
to complete the BMROSS Work in accordance with a work schedule that supports the deliverables and timelines
in the Stantec Work Plan.
Reimbursement
Municipality agrees that the Work shall be performed at a cost that shall not exceed, in the aggregate $1,320,117
(plus HST), of which the Bruce Power Proportionate Share is $997,769 (such Proportionate Share of Bruce
Power is the "Phase 2 Cost Cap"), as may be amended by the written agreement of the parties. Unless
otherwise agreed in writing, Bruce Power shall not be liable for the cost of any Work in excess of the Phase 2
Cost Cap.
The Municipality may invoice Bruce Power up to the Phase 2 Cost Cap prior to the start of Phase 2. If the
actual final cost of the Work (the "Actual Cost") is less than the Phase 2 Cost Cap, and the Water Supply
Agreement does not proceed to Phase 3, any overpayment by Bruce Power above Bruce Power's Proportionate
Share of the Actual Cost shall be refunded to Bruce Power. If the Water Supply Agreement progresses to Phase
3, any overpayment made by Bruce Power above Bruce Power's Proportionate Share of the Actual Cost will be
shown as a credit on the first Phase 3 invoice delivered to Bruce Power.
Additional Terms
The Parties agree to comply with the terms set out in Schedule A of this Agreement.
- balance ofpage intentionally blank-
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DocuSign Envelope ID: 5156C528-C721-4713-8690-CE027COAF2DC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above.
BRUCE POWER L.P. BY ITS GENERAL PARTNER BRUCE POWER INC.
F
DocuSigned by:
By:
Name: James Scongack
Executive Vice -President, Operational Services &
Title Chief Development Officer
DocuSigned by:
By:
Name: Brian Hilbers
Title Senior Vice -President and Chief Administrative Officer
THE MUNI( e n n ein Cr
a
Signed with ConsignO Cloud (2023/12/ ) •
By: Verify with verifio.com or Adobe Reader.
Name: Kenneth Craig
Title Mayor
Jennifer Lawrie
Signed with ConsignO Cloud (2023/12/19) • '
By: Verify with verifio.com or Adobe Reader.
Name: Jennifer Lawrie
Title Clerk
BRUCE POWER
LAW DIVISION
Name: FT
Date: Dec 15, 2023
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DocuSign Envelope ID: 5156C528-C721-4713-8690-CE027COAF2DC
SCHEDULE A — TERMS AND CONDITIONS
1. Term & Termination. The term (the "Term") of this Agreement commences on the Effective Date
and ends on the earlier o£
a. the completion of the Work; and
b. the issuance by Bruce Power of notice to immediately terminate this Agreement which Bruce Power
may issue to the Municipality in its sole discretion.
2. Performance Standards. Municipality shall and shall cause its subcontractors to perform the Work
having regard to the best interests of both Municipality and Bruce Power and in accordance with applicable law,
using suitably qualified individuals and with the care and skill normally exercised by professionals providing
similar services under similar circumstances. Municipality agrees to use and to cause its subcontractors to use
commercially reasonable efforts to promptly complete all of the Work as soon as reasonably possible.
3. Deficiencies. Municipality agrees that it shall cause its subcontractors to correct any deficiencies in the
Work at no additional cost to Bruce Power unless agreed to by Bruce Power in writing.
4. Invoicing. Municipality shall submit monthly statements to Bruce Power on or about the loth day of
each month detailing the actual costs incurred for the Stantec Work and the BMROSS Work during the previous
month (collectively, the "Monthly Statements", individually, a "Monthly Statement"). Municipality shall
include in each Monthly Statement all subcontractor invoiced cost received by Municipality during the
statement period. Provided that Municipality has complied with the terms of this Agreement in all material
respects and has invoiced Bruce Power for such costs, Bruce Power shall reimburse Municipality, or
Municipality may drawdown from any funds advanced by Bruce Power pursuant to the "Reimbursement"
section of the letter agreement to which this Agreement is attached, for Bruce Power's Proportionate Share of
these actual costs within 30 days of Bruce Power receiving such invoice. Municipality shall not invoice Bruce
Power and agrees that Bruce Power is not liable for any amount that, in the aggregate of all amounts paid or to
be paid to Municipality by Bruce Power, exceeds the Phase 2 Cost Cap. Municipality shall provide and shall
cause its subcontractors to provide any documentation reasonably requested by Bruce Power to verify Monthly
Statements. Municipality agrees to provide Bruce Power with the hourly rate of each subcontractor personnel
that will have time billed to Bruce Power. For certainty, Bruce Power shall not be liable to reimburse any
amount to Municipality that cannot be verified with the documentation reasonably requested by Bruce Power or
that is incurred after the date of termination of this Agreement.
5. Costs. Except as may be agreed to herein, each Party agrees to individually bear its own costs in
connection with the Work, including, without limitation, in connection with the preparation and/or review of any
definitive agreements for the provision of the Water Services and for any negotiations relating thereto
("Definitive Agreements").
6. Subcontracting. The Municipality will not subcontract any other component of the Work to any party
other than Stantec or BMROSS without Bruce Power's prior written consent, such consent not to be
unreasonably withheld or delayed (any third party, undertaking any portion of the Work is referred to as a
"subcontractor" and collectively the "subcontractors"). The Municipality will require that each subcontractor
comply with the terms and conditions of this Agreement.
7. Reporting. The Municipality agrees that it shall provide full and complete disclosure to Bruce Power of
the Work and all of its components, including all drawings, invoices and reports prepared by Municipality or its
subcontractors (including Stantec and BMROSS) and such other related information reasonably requested by
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DocuSign Envelope ID: 5156C528-C721-4713-8690-CE027COAF2DC
Bruce Power. The Municipality shall, and shall cause Stantec and BMROSS, to meet with Bruce Power from
time to time to discuss the status of the Work and shall provide cost and schedule reporting in each case as is
reasonably requested by Bruce Power. Bruce Power agrees that if such reporting and meetings is outside the
scope of the Work, the Phase 2 Cost Cap shall be adjusted to account for the increase reporting and/or meetings
above those contemplated in the Work.
8. Limitation of Liability. In the event of breach of this Agreement by either Party it is agreed that the
remedy of the non -breaching Party shall be limited to the recovery of its direct costs and applicable overhead
expended in performing its obligations under this Agreement and there shall be no liability for loss of present or
prospective profits or any other incidental, consequential, or special damages for or in respect of such breach
whether arising in contract, warranty, tort or otherwise. Municipality and Bruce Power each agree that the
other's liability under this agreement shall not exceed the costs and expenses reasonably incurred by
Municipality for the subcontractors in connection with the Work and, in any event, shall not, in the aggregate,
exceed the Cap.
9. Point of Contact.
Each Party will designate in writing one or more individuals within its organization as its point of contact for the
purposes of this Agreement. Initially, the designated points of contact are:
To:
Bruce Power L.P.
Name:
Jennifer Edey
Senior Vice -President, Operational Services and Business
Title:
Development
Address:
177 Tie Road, Tiverton, ON
E-mail:
JENNIFER.EDEYkbrucepower.com
To: Municipality of Kincardine
Name: Adam Weishar
Title: Director of Infrastructure & Development
Address: 1475 Concession 5, R.R.#5, Kincardine ON, N2Z 2X6,
E-mail: aweishargkincardine.ca
A Party may change its point of contact at any time by notice in writing of such change to the other Parties in
writing. Any notice or other communication to be given in connection with this Agreement must be given in
writing and will be given by personal delivery or by electronic means of communication addressed to the
recipient's point of contact identified in accordance with the provisions of this Section.
10. Miscellaneous.
a. This Agreement constitute the entire agreement between the Parties with respect to the subject
matter hereof and supersedes any previous understandings, commitments, or agreements, oral or
written with respect to the subject matter hereof. No changes may be made in this Agreement
without the written agreement of duly authorized representatives of each of the Parties. Each Party
represents and warrants to the other that there is no agreement between it and any other person,
firm, or corporation which would cause this Agreement not to have full force and effect.
b. Paragraph headings herein are for convenience only and shall not limit in any way the scope or
interpretation of any provision of this Agreement.
DocuSign Envelope ID: 5156C528-C721-4713-8690-CE027COAF2DC
c. This Agreement is governed by and will be construed in accordance with the laws of the Province of
Ontario and the laws of Canada applicable therein. All Parties hereby attorn to the non-exclusive
jurisdiction of the courts of the Province of Ontario in respect of any dispute arising out of this
Agreement.
d. No Party may assign its interest in this Agreement to any other party without the prior written
consent of the other Party.
e. This Agreement may be executed in any numbers of counterparts, each of which will be deemed to
be an original and all of which taken together will be deemed to constitute one and the same
instrument.
f. Delivery of an executed signature page of this Agreement by a Party by electronic transmission will
be as effective as delivery of a manually executed copy of the Agreement by such Party.
g. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, such
invalidity or unenforceability will attach only to such provision or part thereof and the remaining
part of such provision and all other provisions hereof will continue in full force and effect.
h. No failure or delay by a Party in exercising any right, power or privilege under this Agreement or
otherwise will operate as a waiver thereof, nor will any single or partial exercise thereof preclude
any other or further exercise thereof or the exercise of any other right, power or privilege hereunder
or otherwise.
i. Unless otherwise specified, all references to money amounts are to the lawful currency of Canada.
The Parties shall with reasonable diligence do all such things and provide all such reasonable
assurances as may be required to consummate the transactions contemplated by this Agreement, and
each Party shall provide such further documents or instruments required by any other Party as may
be reasonably necessary or desirable to effect the purpose of this Agreement and carry out its
provisions.
k. Neither Party has the authority to act as agent for the other Party nor shall either Party have the right
to enter into any binding legal obligation on behalf of the other party.
All continuing rights, obligations and provisions intended to survive under this Agreement will
survive the termination or expiry of the Term and of this Agreement.
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Schedule B — Phase 1 All -In -Estimate
Phase 1 All -In Estimate
Phase 1
Environmental Assessment & Conceptual Design
(includes Owner's Engineer)
Phase 2
Phase 2 WTP Design & Tender Issue - Bruce Power (57.53%)
Phase 2 WTP Design & Tender Issue - Municipality (42.47%)
Phase 2 Physical Facilities Design & Tender Issue
Owner's Engineer
Land Option & Natural Heritage
Total
Phase 3
Water Treatment Plant
Construction
Contingency 15%
Engineering - Bruce Power (57.53%)
Engineering - Municipality (42.47%)
Installation & Commissioning
Booster Pumping Station and Watermain
BPS Land acquisition
Booster Pumping Station Construction
Watermain Construction and Restoration
Contingency 15%
BPS and Watermain - Engineering
Inspection and Testing
Owner's Engineer
Total
Phase 1 All -In Estimate Total
544,914
436,654
322,348
493,615
30,000
37,500
1,320,117
5,474,000
821,100
246,589
182,038
136,850
125,000
1,750,000
1,810,000
534,000
278,756
53,400
65,000
11,476,733
13,341,764
DocuSign Envelope ID: 5156C528-C721-4713-8690-CE027COAF2DC
Schedule C — Stantec Work Plan
Project Initiation
AnticipatedDate
Week of Dec 18, 2023
PRE -DESIGN AND INVESTIGATIVE SERVICES
Investigative Services
May 31, 2024
Pre -Design
March 1, 2024
40% PRELIMINARY DESIGN
WTP Drawings
March 29, 2024
BPS Drawings
April 5, 2024
WatermainlChamber Drawings
March 29, 2024
Construction Cost Estimate Update
Aril 19, 2024
Draft PDR
Aril 5, 2024
60% DETAILED DESIGN
WTP Drawings
May 31, 2024
BPS Drawings
May 24, 2024
WatermainlChamber Drawings
May 24, 2024
Construction Cost Estimate Update
June 7, 2024
Draft PCN
Aug9, 2024
Updated Design Report
May 31, 2024
Commissioning Plan Draft
June 14, 2024
90% DETAILED DESIGN
WTP Drawings
Aug2, 2024
BPS Drawings
July 12, 2024
WatermainlChamber Drawings
July 5, 2024
Construction Cost Estimate Update
Aug16, 2024
Final Design Report
July 12, 2024
Final PCN
May 31, 2024
Approval Packages DWWP, OBC, CA
Aug2, 2024
Final Specifications
Aug16, 2024
100% PACKAGEITENDERING
3 Tenders WTP, BPS, WMIChamber)
Se t 30, 2024
Pre -Tender Meeting
Oct 16, 2024
Tender Recommendations
Nov 13, 2024
Stantec Consulting Ltd.
® Stantec 171 Queens Ave #600, London, ON N6A 5H
December 12, 2023
File: 165630238
Attention: Adam Weishar, C.E.T. — Director of Infrastructure and Development
Municipality of Kincardine
1475 Concession 5, Kincardine, ON
N2Z 2X6
Reference: Municipality of Kincardine Water Supply Upgrades
Work Plan and Budget for Phase 2 Design
Introduction
Stantec is pleased to present this work plan and budget for the Municipality's consideration with respect to undertaking the detailed
design phase for the proposed Kincardine Water Supply Upgrades to service the Bruce Power site per the recommendations of the
Schedule C Class Environmental Assessment (Class EA) which is currently out for the 30-day review period.
The proposed work plan as noted is intended to address the requirements of the next phase of works as generally described within
the agreement between the Municipality and Bruce Power and referred to as the "Phase 2 Scope of Work".
Project Understanding & General Approach
The intent of this project is to undertake preliminary and detailed design including tender development of the proposed upgrades to
the Kincardine Water Supply System as identified through the recent Schedule C Class EA and Conceptual Design Report. In
general, the proposed works include the following main components:
• Kincardine Water Treatment Plant Expansion
o Upgrades to low -lift pumping capacity;
o Addition of Filter 5 to the treatment process;
o Modifications to the ActiFlo system;
o Addition of UV Disinfection;
o Upgrades to the high -lift pumping capacity;
o New Standby Generator to be located outside the building to allow for new electrical room.
• New Booster Pumping Station
o In -line booster pumping facility;
o Slab -on grade with pre-engineered concrete structure aesthetic finish to be approved by the Municipality;
o Facility to include provision for future chlorine injection (area/room dedicated for storage and chemical pumps);
o Outdoor standby generator;
Design with community in mind
December 12, 2023
Adam Weishar, C.E.T.
Page 2 of 7
Reference: Municipality of Kincardine Water Supply Upgrades Work Plan and Budget for Phase 2 Design
o Site grading and other works including connections to the existing 300mm watermain along Bruce Road 23.
• Watermain Extension and Termination
o Approximate 1.2km watermain extension commencing near Alma Street and Albert Road to the termination at
the Bruce Power site boundary near Tie Road and Concession Road 2;
o Termination chamber consisting of flow meter, residual analyzer, backflow preventor and other control and
manual valving;
o Above -grade control and communication panel.
Based on the November 1, 2023 team meeting, Bruce Power is requesting a connection to the Kincardine Drinking Water System
(DWS) as soon as possible and on the basis that their internal works will be completed to receive the new supply. In order to
accommodate timelines associated with construction of the works, the targeted duration for design is approximately 9 months.
Assuming a notice to proceed in December 2023, this would represent tender ready packages by September 2024. As noted, this
assumes that the internal works within the Bruce Power site also proceed in a timely manner. We understand the urgency but also
the importance of ensuring sufficient technical overview is provided to properly design the upgrades and to provide the Municipality
with a long-term asset that meets their operational needs while providing a secure source of potable water to existing and future
users, including the Bruce Power site.
Our general approach to the completion of the Phase 2 works will involve undertaking the following high-level tasks:
1. Project coordination with the Municipality's project team;
2. Completion of additional studies and investigations to support the detailed design and permit/approval requirements;
3. Agency/stakeholder consultation to address permitlapproval needs and land acquisition related to the new BPS site;
4. Coordination with Bruce Power to confirm how both water systems will interact and communicate as part of the
development of the control strategy for the new BPS and to mitigate excessive impacts on the Kincardine DWS;
5. Regular check -in points on project status including updated schedule of work versus baseline;
6. Updated water modeling to support selection of pump upgrades at the WTP and new pumps for the BPS;
7. Development of design submissions at 40%, 60%, 90% and tender -ready (100%) followed by review team meetings to
discuss comments received and actionable items;
8. Development of staging/sequencing plans and review with Operations staff to ensure buy -in and other requirements;
9. Tender advertisement, bid meeting, assistance during tendering process, review of tender bid submissions, and
recommendation of successful bidder(s).
Work Plan
We have developed our work plan and schedule to reflect what we believe are the core elements to the successful delivery of this
project on -time and on -budget. In order to facilitate effective management and budgeting for the project, we have separated the
work into several tasks, which are summarized in the sections that follow. Refer to Appendix A for our Time -Task Matrix which
further defines the key tasks and level of effort.
Design with community in mind
December 12, 2023
Adam Weishar, C.E.T.
Page 3 of 7
Reference: Municipality of Kincardine Water Supply Upgrades Work Plan and Budget for Phase 2 Design
Project Management
With any project of this complexity, there will be inputs and interconnections between the work areas and the work streams,
coordination of which will be the responsibility of the Project Manager. Specific project management related requirements for this
project are as follows:
1. Attendance at Project Start -Up Meeting and completion of meeting notes;
2. Review and confirmation of schedule, work plan and budget with the Municipality's team;
3. Attendance at monthly project progress meetings and completion of meeting notes;
4. Bi-weekly check -ins (phone calls) between the Municipality's team, Bruce Power, and Stantec to ensure that key items
are progressing in a timely manner between the project team to mitigate schedule impacts;
5. Development of draft risk register;
6. Provision of monthly project updates to be included with monthly invoicing;
7. Control of scope, budget and schedule.
The Project Manager will also be responsible for ensuring the technical deliverables undergo appropriate QA/QC review prior to
submission to the Municipality. Our TTM in Appendix A includes individual QA/QC leads for each major discipline.
Pre -Design and Investigative Services
In general, the goal of this stage of work will be to build upon the Conceptual Design Report (CDR) for the proposed WTP upgrades
and to define the key elements associated with the new BPS and watermain extension including termination chamber. Our work
plan for this task includes the following:
1. Additional updates to the conceptual design drawings for the WTP upgrades to include modifications following the
discipline site review.
2. Review of potential Bruce Power site demands based on current consumption and proposed future needs to assist in
selection of pumps for the new BPS.
3. Additional hydraulic modeling to identify and update pump selection for the WTP and BPS.
4. Preparation of terms of reference (TOR) for topographic survey and geotechnical investigation (WTP for the genset
location, new BPS site, and watermain extension), and potential additional studies based on the BPS site selection
(Stage 1 and/or 2 archaeological, natural heritage, etc.).
5. Development of pre -design drawings for the new BPS (process flow diagram, general site layout) and watermain
extension (general alignment, chamber PFD).
6. Updated capital cost estimate.
7. Pre -design review meeting with project team.
8. Pre -design report for the new BPS and watermain (CDR to be updated separately to a PDR for the WTP only).
Design with community in mind
December 12, 2023
Adam Weishar, C.E.T.
Page 4 of 7
Reference: Municipality of Kincardine Water Supply Upgrades Work Plan and Budget for Phase 2 Design
Key additional elements to be established as part of the WTP pre -design phase includes additional works that were identified as
optional items in the CDR (replacement of pneumatic valves, gas scrubber, etc.).
Preliminary and Detailed Design
Based on input received on the pre -design for each major component, we will proceed to the 40% preliminary design phase of work
which will further refine the major design elements and capital cost estimate. The detailed design phase will include design
submissions at 60% and 90%, each including a review meeting with the Municipality's team to ensure that comments are properly
addressed, and risks are identified and mitigated to the extent possible as the project proceeds. Subsequently, tender documents
and drawings will be prepared for the WTP, BPS and watermain works. Our detailed work plan for this task includes the following:
1. Undertake consultation with the local electrical utility service provider to confirm potential service connections for
proposed new works (BPS and termination chamber) and other utility providers;
2. Preparation of Equipment Log (40%) including updates at 60% and 90% phase;
3. Updated construction cost estimates (40%, 60%, 90% and tender);
4. Update to Preliminary Design Reports and final Design Reports;
5. Preliminary (40%) and detailed design (60%, 90%, 100%) drawing packages;
6. Updated project Risk Register;
7. Preparation and submission of permit and application packages (i.e., DWWP and MDWL amendment). It is assumed that
the cost of the permits and approvals will be paid for by the Municipality;
8. Design review meetings following key submissions;
9. Recommendations for equipment pre -selection and pre -purchase for long -lead equipment;
10. Preparation of the Process Narrative (40%);
11. Preparation of traffic management plans;
12. Preparation of the draft and final Process Control Narrative (60% draft, 90% draft and final, assuming update to available
PCN);
13. Draft and final specifications (90% draft, 100% final);
14. Preliminary/draft commissioning plans for addition to specifications to guide the contractor(s);
15. Preliminary and final staging/sequencing plans for review and input with Operations staff. Plans to consider how to
minimize plant disruption at the WTP including potential impacts/requirements for staff;
16. Prepare tender documents and drawings for uploading on Bids and Tenders, attend test pits and pre -construction site
visit, provide assistance to address tender questions and addendums, attend the tender opening, and provide review and
recommendation of tenders submitted;
17. Preparation of draft tender advertisements (assume three separate tenders);
18. Submit tender documents for issuance;
19. Attend bid meetings;
20. Assist the Municipality in addressing questions during the bid processes, including preparation of addenda;
Design with community in mind
December 12, 2023
Adam Weishar, C.E.T.
Page 5 of 7
Reference: Municipality of Kincardine Water Supply Upgrades Work Plan and Budget for Phase 2 Design
21. Review of bids received;
22. Preparation of recommendation letters.
We have excluded any additional efforts associated with Phase 3 Construction, understanding that the actual level of effort may be
impacted by final completion timelines, and the extent to which the three proposed construction tenders may overlap which could
reduce overall construction administration efforts.
Schedule
Based on our understanding of the key project elements and extent of work completed to date, in addition to our teams experience
with similar works, we would propose the following as a general schedule for key activities.
Project Initiation
PRE -DESIGN AND INVESTIGATIVE SERVICES
Investigative Services
Pre -Design
40% PRELIMINARY DESIGN
WTP Drawings
Week of Dec 18, 2023
May 31, 2024
March 1, 2024
March 29, 2024
BPS Drawings
Aril 5, 2024
WatermainlChamber Drawings
March 29, 2024
Construction Cost Estimate Update
Aril 19, 2024
Draft PDR
Aril 5, 2024
60% DETAILED DESIGN
WTP Drawings
May 31, 2024
BPS Drawings
May 24, 2024
WatermainlChamber Drawings
May 24, 2024
Construction Cost Estimate Update
June 7, 2024
Draft PCN
Aug9, 2024
Updated Design Report
May 31, 2024
Commissioning Plan Draft
June 14, 2024
90% DETAILED DESIGN
WTP Drawings
Aug2, 2024
BPS Drawings
July 12, 2024
WatermainlChamber Drawings
July 5, 2024
Construction Cost Estimate Update
Aug16, 2024
Final Design Report
July 12, 2024
Final PCN
May 31, 2024
Approval Packages DWWP, OBC, CA
Aug2, 2024
Final Specifications
Aug16, 2024
100% PACKAGE/TENDERING
3 Tenders P, BPS, WMIChamber
Set 30, 2024
Pre -Tender Meeting
Oct 16, 2024
Tender Recommendations
Nov 13, 2024
Design with community in mind
December 12, 2023
Adam Weishar, C.E.T.
Page 6 of 7
Reference: Municipality of Kincardine Water Supply Upgrades Work Plan and Budget for Phase 2 Design
We do recognize that the above schedule is aggressive and is subject to an extent on timelines associated with property
identification and access permission for the new BPS and confirmation on the communication strategy and interconnection
between the Bruce Power site and Kincardine DWS. In addition, the tendering timelines will be subject to confirmation that the
construction cost estimate is approved by all parties and any applicable agreements are in place.
In relation to the tendering timelines, it is assumed that three (3) tenders will be issued, with the last tender issued late September
2024. In general, it is expected that the watermain/chamber works will be ready to be tendered first, followed by the BPS, then
WTP upgrades, based on the general complexity of each project.
Fees
The estimated costs for the activities as noted in this workplan is $1,252,616.72 excluding HST and allowances associated with
field investigations and other works as summarized below. These additional allowances would only be accessible pending
submission of an additional work plan for the Municipality's approval. Stantec would perform the works on a time and material to an
upset fee (TMU) basis not to be exceeded without the Municipality's prior approval.
The following provides a general breakdown of key project tasks:
1
Project Management including Meetings
2
Investigative Services (Preparation of TOR and Coordination)
3
Pre -Design
4
40% Preliminary Design
5
60% Detailed Design
6
90% Detailed Design
7
100% Design and Tendering
Subtotal (Base Scope)
Allowance
Geotechnical/Hydrogeological Investigation
Topographic Survey
Natural Environment Studies (BPS)
Stage 1 Archaeological (BPS)
Total (excluding HST but including allowance)
In preparing this fee estimate, we have assumed the following:
$99,635.68
$5,064.11 _
$121,657.75
$217,289.64 _
$283,252.17
$407,036.72
$118,680.65
$1,252,616.72
$82,500.00
$40,000
$17,500
$15,000
$10,000
$1,335,116.72
• Any background information will be provided at no cost to Stantec, including access to LiDAR data, orthoimagery, etc.;
• Meetings will generally be virtual, with select in -person meetings to reduce overall costs as per the TTM;
• Costs exclude application fees to agencies. It is assumed that these costs will be paid for directly by the Municipality;
• We have assumed that the proposed BPS will be a pre-engineered concrete structure with aesthetic finish to be
approved by the Municipality. Our design effort includes design of the slab/footing and potential false roof (above the
concrete roof) for improved aesthetics.
• We have assumed that the above noted fees will be in addition to the approved Phase 1 fees to date. As this project
would be on a TMU basis, this would provide additional contingency in the event of unknown issues during design or to
Design with community in mind
December 12, 2023
Adam Weishar, C.E.T.
Page 7 of 7
Reference: Municipality of Kincardine Water Supply Upgrades Work Plan and Budget for Phase 2 Design
address minor scope adjustments should the Municipality decide to implement some of the other suggested upgrades
noted in the CDR. Stantec would only bill for actual effort required.
• We have assumed the preparation of three (3) separate tenders.
• We have not included efforts associated with preparation of pre -qualification documents for general contractors.
Closing
We appreciate the opportunity to provide this Phase 2 work plan and budget to the Municipality for your consideration. We
understand the importance of this project and the aggressive timelines requested to meet the servicing needs for the Bruce Power
site. In preparing this work plan, our team has met to discuss the core issues and elements, including staffing resources, that we
will have in place to work towards meeting the schedule and budget requirements.
Regards,
Stantec Consulting Ltd.
Nelson Oliveira P.Eng
Regional Business Leader, Water — Canada East
Phone: 519 494 7642
nelson.oliveira@stantec.com
Design with community in mind
Simon Horsley
North American Distribution System Water Quality Leader
Phone: 416 598 5282
simon.horsley@stantec.com
Time -Task Matrix
ATTACHMENT B — INSURANCE SCHEDULE
Consultant must maintain the insurance coverage as specified in this Insurance Schedule.
Minimum
Required
Insurance
Coverage Limits
Yes/No
Commercial General Liability insurance, underwritten by an insurer
$2M per
licensed to conduct business in the Province of Ontario for a limit of
occurrence
YES
not less than [see next column] per occurrence, an aggregate limit of
$5M minimum
not less than [see next column], within any policy year with respect to
aggregate limit
completed operations, and a deductible of not more than [see next
within a policy
column]. This policy shall include but not be limited to:
year
(a) Name the Municipality as an additional insured
$100,000
(b) Cross -liability and severability of interest
maximum
(c) Blanket Contractual
deductible
(d) Products and Completed Operations
(e) Premises and Operations Liability
(f) Personal Injury Liability
(g) Contingent Employers Liability
(h) Owners and Consultants Protective
(i) Broad Form Property Damage
(j) Non -owned automobile liability
(k) The policy shall include 30 calendar days' notice of cancellation.
Professional Liability or Errors and Omissions insurance in the
$1M coverage
amount of not less than [see next column] providing coverage for acts,
$100,000
YES
errors and omissions arising from their professional services
maximum
performed under this Agreement. The policy deductible shall not
deductible
exceed [see next column] per claim and if the policy has an aggregate
limit, the amount of the aggregate shall be not less than double the
required per claim limit. The policy shall be underwritten by an
insurer licensed to conduct business in the Province of Ontario. The
policy shall be in place for the Term of the Contract and shall be
renewed for 2 years after termination or expiration of the Contract. A
certificate of insurance evidencing renewal is to be provided each
year. If the policy is to be cancelled or non -renewed for any reason,
30 calendar day notice of said cancellation or non -renewal must be
provided to the Municipality.
Computer Security and Privacy Liability insurance covering actual or
$2M per
NO
alleged acts, errors or omissions committed by, or on behalf of the
occurrence
Consultant, its agents, employees or subcontractors. The policy shall
also extend to include the wrongful acts of the Consultant, its
$5M in the
employees or subcontractors. The policy shall expressly provide, but
aggregate
not be limited to, coverage for the following perils: (i) unauthorized
use/access of a computer system; (ii) defense of any governmental
authority action involving a breach of privacy; (iii) failure to protect
confidential information (including, personal Information and
commercial information) from disclosure; and (iv) notification costs,
and mitigation costs including but not limited to forensics, public
relations, and identity restoration costs. The policy(s) shall have limits
of liability of at least [see next column] per occurrence or event and
[see next column] in the aggregate. If the policy is to be cancelled or
non -renewed for any reason, 30 calendar day notice of said
cancellation or non -renewal must be provided to the Municipality.
Automobile Insurance
$2M per
Standard Form Automobile Liability Insurance that complies with all
occurrence
requirements of the current legislation of the Province of Ontario,
having an inclusive limit of not less than [see next column] for Third
Party Liability, in respect of the use or operation of vehicles owned,
operated or leased by the Contractor.
Additional Insurance Clauses
Certificate of Insurance. The Consultant shall provide a certificate of insurance evidencing the required
coverage before the commencement of Work and shall be required to ensure the coverage is maintained
throughout the Term of the Contract. Any claims -made policy needs to be maintained for at least 24
months following termination or expiration of the Agreement.
Additional Insured. At Consultant's sole expense, the Municipality, its affiliates and each of their
respective officers, councillors, directors, agents and employees shall be named as Additional Insureds on
a primary basis on all liability policies with the exception of professional liability/errors and omissions.
Primary Coverage. The Consultant's insurance shall be primary coverage and not additional to and shall
not seek contribution from any other insurance policies available to the Municipality.
Notice of Cancellation or Changes. Except as otherwise approved by the Municipality, the policies shall
be endorsed to provide the Municipality with not less than 30 calendar days written notice in advance of
any cancellation, change or amendment which restricts coverage such that the Contract requirements are
no longer met.
Insurance Not to Affect Other Contract Obligations. Insurance procured by Consultant shall not reduce
or limit Consultant's contractual obligation to indemnify and defend the Municipality as provided in the
Contract.
ATTACHMENT D — ADDITIONAL MUNICIPALITY REQUIREMENTS
Consultant shall meet the requirements of this Attachment D throughout the Term of the Contract.
Health and Safety / WSIB Requirements
As a condition precedent to entering into the Contract, the Consultant must deliver to the Municipality a
clearance certificate from the Workers' Safety and Insurance Board ("WSIB"). The Municipality may
provide written notice to the Consultant of waiving the requirement for a clearance certificate upon
receiving proof satisfactory to the Municipality that WSIB coverage is not required. The Consultant shall
indemnify and save harmless the Municipality from all WSIB fines and penalties related to the Consultant's
failure to provide a clearance certificate or pay WSIB premiums when due.