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HomeMy WebLinkAboutBy-law 1566/82THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 15_~6/82 Being a By-Law to authorize the execution of an Agreement between the Corporation of the Town of Pickering and Simcoe Engineer- ing Limited respecting the conduct of a Storm Water Management Study WHEREAS, pursuant to the provisions of section 210.92 of the Municipal Act, R.S.O. 1980, chapter 302, by-laws may be passed by the councils of local municipalities for procuring investigations and reports as to, inter alia, sewers, sewer systems or sewage works; and WHEREAS, it is deemed expedient to procure an investigation and report on the subject of storm water management of part of the Town's storm sewer system; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule "A", between the Corpora- tion of the Town of Pickering and Simcoe Engineering Limited respecting the conduct of a Storm Water Management Study for the southern urban part of the Town of Pickering. BY-LAW read a first, second and third time and finally passed this 4th day of October , 1982. Schedule "A" to B~;-law Number 1566/82 RECOMMENDED FORM OF AGREEMENT BETWEEN CLIENT AND ENGINEER FOR PROFESSIONAL ENGINEERING SERVICES APPROVED BY THE cOUNCIL OF THE ASSOCIATION OF PROFESSIONAL ENGI]NEERS OF ONTARIO AGREEblENT made ~ dup!icatetMs day of BETWEEN: The Corporation of the Town of Pickering 1710 Kingston Road Pickering, Ontario L1V 1C7 19 hereinafter referred to as the "Client", and Simcoe Engiaeering Limited $imco e Building 345 Kingston Road Picketing ~ Ontario L1V 1Al hereinafter referred to as the "Engineer". WHEREAS the Client has requested the Engineer to perform the services set out in Article II hereof in connec- tion with the Project (as hereinafter defined) and the Engineer has agreed to perform such services on and subject lo the terms and conditions of this Agreement NOW THEREFORE, in consideration of the mutual promises hereinafler contained, the Client and the Engi- neer agree as follows: Article 1 - DEFINITIONS: TEe terms defined in tbSs Article I shall for ag purposes of tkis Agreement have the meanings herein specified unless the contex! othenvise specifies or requires: I. "Association" shall mean the Association of Professional Engineers of the Province of Ontario; 2. "Project"shallmean: a Storm Water Manage. merit Study for the southern urban part of the Town of Picketing. 3. "Cost of the Work" shall mean the total cost to the Client of the Project, including all materials, equip- ment, labour and contractors' overhead and profit, provided that: (i) if sales taxes are not included in the Cost of the Work, the percentage fee provided for herein shall be - adjusted upwards to the nearest 1/10th of 1% by a factor equivalent to what the sales taxes would have been; (ii) material and equipment furnished by the Client shall be included as if purchased new, and if used material or equipment is furnished it shall be included as if purchased new; (iii) labour or other services furnished by the Client shall be included at current market prices; (iv) no deductions shall be made on account of any penalties or damages claimed by the Client from any contractor, or on account or any other sum withheld from any contractor; and (v) any fees and disbursements paid or due to the Engineer, the Client's own engineering Liaison costs, legal costs, and land costs, shall not be included. 4. "Payroll Cost" is defined as salary plus payroll burden. Payroll burden equals fringe benefits expressed as a percentage of salary that provide for health and medical insurance, group life and disability insurance, company and Canada pension employer contributions, Workmen's Compensation and Llnemployment In- surance but excludes bonuses or profit sharing. Salary per hour is de£med as current annual salary divided by 1660 hours. The 1660 hours of available working time is based on a 37fi hour week and is calculated by deducting 290 hours for vacation, statutory holidays, sick time and professional development time from 1950 hours (3'/t~ hours per week x 52 weeks peg year.) Article Il - ENGINEERING SERVICES: Thc E~rgineet shall perform the following services in connection with the Project: As described under Section 2 - Technical Proposal of the proposal prepared by the Engineer of May 20, 1982, which in summary includes: To fully investigate the location and capacities of all existing storm drainage systems that will serve developing areas, lands to be developed and contributing streams beyond the limits of the designated urban section of the Town. To develop a policy that will be used by designers and planners of all new developments which will specify the Town's standards for control of storm drainage. The definition of systems to be installed including sewers for high frequency storms and overload and retention/detention facilities for all other storms to such limits as ma~ be defined by the design requirements of the Metropolitan Toronto Region Conservation Authority. To prepare an overall Storm Water Management Conceptual Plan of the Urban Area based upon the Town's latest available planning information and indicate thereon the optimum locations and design requirements for all storm water control facilities. It is to be emphasized that the plan wLll result in the provision of specific directions to developers. A recommendation for assessment of the benefits to upstream developers will be included. To obtain all necessary input, comment and approval to the recommended final plan from jurisdictional authorities in the area including but not limited to the Metropolitan Toronto Conservation Authority, the Ministry of Natural Resources and the Ministry of the Environment. Any part of the plan which may affect neighbouring municipal jurisdictions must also meat the approval of such authority. 5. Recommend final Storm Water Management Plan based upon all available data and in full accordance with the Terms of Reference. Any additional services requested by the Client, if and as required. Article 111 FEES: The Client shall pay to the Engineer the following fees for the performance of the services set out in Article hereof: Fees are to be based on the Association of Professional Engineers of the Province of Ontario current suggested Schedule of Fees for General Engineering Projects. For the pro3ect referred to in this Agreement, the Engineer shall be reimbursed in accordance with Fee Basis "A" - Time plus expenses. Hourly rates will be as follows for 1982: Principals $75.00 R. L. Smith - Project Manager $56.00 B. Kramer - Technologist $38.84 T. Sloley - Junior Engineer $31.20 Secretaries $19.60 The total fee shall not exceed $59,500 without the prior approval of the Client, and no extra work will be carried out without prior authorization of The Client. In the event of any additional services being required by the Client, the total fee shall be increased in accordance with the above-described fee basis, Article IV - EXPENSES AND DISBURSEMENTS: 1. The Engineer shall be reimbursed for all expenses properly incurred by ~ in connection with the Project including, but not limited to, automobile mileage, reasonable travelling and living expenses, long distance telephone charges, teletype and telegraph charges, printing and reproductions, progress photography, ad- vertising for tenders, special delivery and express charges, overtime premium payments, and the cost of providing and maintaining site offices, supplies, and equipments. 2. The Engineer shall also be reimbursed at cost plus a charge of 0 % of such cost as an administrative charge for approved special consultations such as sub-surface investigations, legal surveys and chemical and physical tests. Article V - PAYMENT OF FEES AND EXPENSES: Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is calculated on a Time Basis shMl be made within 30 days after the Engineer has forwarded to the Client his statement of account, rendered monthly. Payment of fees and ~eimbursable expenses for services performed by the Engineer for which the fee is calculated on a Percentage of Cost of the Work shall be made within 30 days after the Engineer has forwarded to the Client his statement of account. The monthly fee shall be based upon the Engineer's monthly progress estimate pro-rated on the basis of the amount of design work completed, applied against agreed estimated construction costs. If the design of any part of the Project has been completed but tenders for the work have not been called, the fee then due to the Engineer shall either be calculated on a time basis or on the Engineer's estimates of the Cost of the Work, at the option of the Engineer. If st~bse- quently tenders are called and received, or the Cost of the Work is ascertained within one year of the completion of the design, then the Engineer's fee shall be adjusted accordingly. 3. Overdue accounts are subject to carrying charges at a rate of 0 %per month. Article VI- GENERAL TERMS AND CONDITIONS: 1. Co-operation (a) The Client shall give due consideration to all designs, drawings, plans, specifications, reports, tenders, proposals, and other information provided by the Engineer, and shall make any decisions which he is required to make in connection therewith within a reasonable time so as not to delay the work of the Engineer. (b) The Client shall, at the request of the Engineer, provide the Engineer with the following information and documents relating thereto, except insofar as the Engineer is expressly required to furnish the same under the terms hereof: (i) ~dl pertinent information which may affect the work to be done, including a correct survey of the site and existing facilities and utilities; (ii) accurate information, plans, and specifications regarding any other existing or proposed buttings or works which are involved, and insofar as such information is not available, the cost of obtain- lng the same shall be borne by the Client; (iii) copies of all bids and contracts for the work for which the En~neer is responsible and copies of all quotations, certificates fo~ payment, and final accounts in connection with work insofar as they do not originate in the Engineer's office. Plans, Specifications and Designs Any and ali plans, specifications, drawings and designs furnished by the Engineer will be prepared on the assumption that all information supplied by the Client or on behalf of the Client by any person or persons other than the Engineer is correct, and the Engineer shall not be liable for zny loss or damage arising from any inaccuracy in such information. The Client shall immediately notify the Engineer of any discrepancies or inaccuracies in such information as they become apparent. The Engineer shall be entitled to make any necessary change or changes in his plans, specifications, drawings, or designs at the Client's expense if any such information should be erroneous or inaccurate. ;3. Compensation for Extra Work and Changes If it shall become necessary for the Engineer to make any changes in any designs, drawings, pIans or specifications for any part of the Project for reasons over which he has no control, or if the Engineer is put to any extra work, cost or expense by reason of any act or matter over which he has no control, the Client shall pay to the Engineer a fee for such changes or extra work calculated on a time basis; provided that prior to the commencement of such changes or extra work the Engineer shall notify the Client in writing of his intentions to make such changes or to carry out such extra work and that the Engineer shall keep separate costs records in respect to such changes or extra work. Fee for Additional and Special Services The fee for Additional and Special Services provided by the Engineer, if any, shall be calculated on a time basis unless specifically provided for in the percentage fee for other services provided for herein. (Addi- tional and Special Services, if any, and the corresponding fees payable, shall be clearly itemized under Article 11 and I11 respectively, heretofore). Abandonment or Suspension (a) If the Project or any part thereof is abandoned at any stage prior to completion of the design, or if any stage of the Engineer's work is unduly delayed for reasons beyond his control, the Client shall pay to the Engineer a fee for his ser-dces from the inception of the work calculated on a time basis. (b) If the Project or any part thereof is abandoned at any stage subsequent to the completion of the design, or if any stage of the Engineer's work is unduly delayed for reasons beyond his control, the Client shag pay to the Engineer the fee for his services from inception of the work to the completion of design as provided in this Agreement, and shall pay to the Engineer a fee for his services subse- quent to the completion of design calculated on a time basis. O~mership of Documents ~11 plans, drawings, specifications, designs, construction data, and documents prepared by the Engineer shall be and remain the property of the Engineer. The Client shall be entitled to a copy of such documents for record purposes only, and shall not use or permit the use thereof for the construction of any other project without the consent of the Engineer. Constructional Emergencies In the event of any constructional emergency which in the opinion of the Engineer requires immediate action in the Client's interests, the Engineer shall have authority to issue such orders and to take such steps on behalf, and at the expense, of the Client as he shall deem necessary or expedient. Confidential Data The Engineer shall not divulge any confidential information communicated to or acquired by him in the course of carrying out the engineering services provided for herein. No such information shall be used by the Engineer on any other project without the approval of the Client. 9. Arbitration (a) Al! matters in difference between the parties hereto in relation to this Agreement shall be referred to arbitration. (b) No person shall be appointed to act as arbitrator who is in any way interested, financially or other- wise, in the conduct of the work on the Project or in the business or other affairs of either the Cbent or the Engineer. (c) The award of the arbitrator shall be final and binding upon the parties. (d) the provisions of The Arbitrations Act, R.S.O., 1970, Chapter 25, shall apply to the arbitration. Article VII - SUCCESSORS AND ASSIGNMENT 1. This Agreement shall enure to the benefit of, and be binding upon, the parties hereto, and except as hereinafter otherwise provided, the executors, administrators, successors and assigns. If the Engineer is an individual and dies before his services hereunder have been completed, this Agree- ment shall automatically terminate as of the date of his death and the Cli.ent shall pay for the services rendered and disbursements made to the date of such termination. [f the Engineer is an individual and is unable to satisfactorily perform his services hereunder due to physi- c~J ot mental incapacity for a period of 15 consecutive days or for the aggregate of 20 days in any 2 mont2~ period the Client may terminate this Agreement on 48 hours notice to the Engineer and shall pay for the services rendered and disbursements made to the date of such termination. If a party to this Agreement who is an individual should desire to bring in a partner or partners, or if a party which is a partnership should desire to bring in a new partner or panners to share the benefit and burden o[ this Agreement, he or it may do so but shall promptly notify the other party of such action. 5. Except as aforesaid neither party shall assign this Agreement without the consent in writing of the other. IN WlTNESS WHEREOF the parlles hereto have executed this Agreement on the date first above appearing. Client THE CORPORATION OF THE TOWN OF PICKERING Eng~rSIMCOE ENGINEERING LIMITED President