HomeMy WebLinkAboutOES 24-10
Report To
Executive Committee
PICKERI G Report Number: OES 24-10
Date: September 7, 2010
170
From: Everett Buntsma
Director, Operations & Emergency Services
Subject: Request for Proposal No. RFP-8-2010
- Consulting Services for a Feasibility Study and
- Municipal Class Environmental Assessment for
- Pickering Operations Centre
- File: A-1440
Recommendation:
1. That Report OES 24-10 of the Director, Operations & Emergency Services
regarding RFP-8-2010 for consulting services to undertake a feasibility study and
Class Environmental Assessment for the Pickering Operations Centre be
received;
2. That the proposal submitted by AECOM dated August 5, 2010 in the amount of
$90,241.80 (HST included) and a net cost of $81,265.54 be accepted;
3. That the total net project cost consisting of consulting and contingency costs of
$100,000 be approved;
4. That Council authorize the Director, Corporate Services & Treasurer to finance
the consulting costs plus contingencies in the amount of $100,000 as approved
in the 2009 Capital Budget from the Provincial Grant - Investing in Ontario; and
5. That the appropriate officials be authorized to take the necessary actions to give
effect thereto.
Executive Summary: The City recognizes that as the Duffin Heights area is
developed, the presence of the existing Operations Centre negatively impacts on the
surrounding land uses of residential development. For this reason, funding was
approved to conduct the Feasibility Study and Class Environmental Assessment for a
new Operations Centre in 2009.
The RFP was an open proposal call. The Terms of Reference were placed on the City's
website in July 2010, with a closing date of August 5, 2010. Three proposals were
received.
Report OES 24-10 September. 7, 2010
171
Subject: Request for Proposal No. RFP-8-2010
Consulting Services for a. Feasibility Study and
Municipal Class Environmental Assessment for
Pickering Operations Centre
Page 2
The proposal from AECOM received the highest scoring and best meets the needs of
the City. Staff recommends that Council accept the recommendation of the Evaluation
Committee and authorize staff to undertake the project.
i
Financial Implications:
1. Approved Source of Funds
2009 Operations Centre Capital Budget
Item Account Code Source of Funds Budget Required
Municipal Class 5315.0904.6181 Provincial Grants - $100,000 $100,000
Environmental Investing in Ontario
Assessment
Total $100,000 $100,000
2. Estimated Project Costing
RFP-8-2010 $79,860.00
HST (13%) 10,381.80
Total Gross Cost 90,241.80
HST Rebate (11.24%) 8 9( 76.26)
Net Cost 81,265.54
Contingency 18,734.46
Total Net Project Cost $100,000.00
i
The 2009 Capital Budget included $100,000 for the consulting services associated with
this project. The source of all funds is the Provincial Invest in Ontario grant program.
Sustainability Implications: Promotes sustainable development in the Duffin
Heights Neighbourhood. A new Operations Centre (if determined the appropriate
solution) will meet LEED certification through its final design and construction process.
Background:
As a result of our proposal call, proposals were received from the following three
companies:
• AECOM
• IBI Group
• Senes Consultants Limited 'in Association with JSW & Associates
CORP0227-07/01 revised
Report OES 24-10 September 7, 2010
Subject: Request for Proposal No. RFP-8-2010 7 2
Consulting Services for a Feasibility Study and
Municipal Class Environmental Assessment for
Pickering Operations Centre
Page 3
On August 23, 2010 an Evaluation Committee consisting of the Director, Operations &
Emergency Services Department, Division Head, Engineering Services,
Superintendent, Municipal Operations, Principal Planner - Policy and a Supply &
Services representative reviewed the proposals against the criteria outlined in the
Terms of Reference (Attachment 1).
The end product of this exercise will provide an analysis of the existing Operations
Centre, preferred solution to challenges/opportunities, identify alternative sites for a re-
located Operations Centre (if that is the solution), evaluate various alternative sites for
suitability as the first steps of an EA process, and conduct some site analysis as Step 2
of the Class EA process, and finally identify preferred site(s) for consideration by City
staff and Council.
The Evaluation Committee selected the proposal having the highest average score
(AECOM).
Upon careful examination of all proposals, the Evaluation Committee recommends
acceptance of proposal No. RFP-8-2010 provided by AECOM in the amount of
$90,241.80 (HST included) and a Net Project Cost of $100,000, including a contingency
be approved.
Attachments:
1. Supply & Service Memo dated August 10, 2010
Prepared By: Approved/Endorsed By:
Ric rd W. Ho orn, P. Eng. Everett B sm
ision Head, Engineering Services Director, Operations & Emergency Services
nah, Superintendent ti is POperations Director, Corporate Services & Treasurer
CORP0227-07/01 revised
1
Report OES 24-10 September 7, 2010
173
Subject: Request for Proposal No. RFP-8-2010
Consulting Services for a Feasibility Study and
Municipal Class Environmental Assessment for
Pickering Operations Centre
Page 4
Vera A. Felgem cher,
C.P.P., CPPO, CPPB, C.P.M., CMM III
Manager, Supply & Services
EB:ds
Copy: Chief Administrative Officer
Recommended for the consideration
of Pickerin ou i
Tony Prevedel, P.Eng.
Chief Administrative Officer
CORP0227-07/01 revised
City 0E5 a
ATTACHMENT-~-~- TOREPORT# ~O
of 174
PICKERING MEMO
To: Everett Buntsma August 10, 2010
Director, Operations & Emergency Services OPERATIONS & EMERGENCY SERVICES
RECEIVED AUG
From: Jill Hone FILE NO.
Buyer, Supply & Service ABEY TO
❑ FWD D COPY O CIRCULATE
Copy: Grant McGregor MAYOR COUNCIL
Principal Planner - Policy CAO CLERK
CUL & REC CORP SERVICES
MPE HUMAN RESOURCES
Richard Holborn, MPE OPS CENTRE LEGAL
FAC OPERATIONS OFFICE SUSTAIN
Divisional Head, Engineering Services PLAN & DEV
John Hannah
Superintendent, Municipal Operations
Subject: Request for Proposal No. RFP-8-2010
Consulting Services for a Feasibility Study and Municipal Class environmental
Assessment for Pickering Operations Centre
File: F-53007001
An advertisement was sent by fax to seven companies for the above project. Terms of
Reference were downloaded from the website by (8) companies. Three (3) proposals were
received by the closing date and time.
A preliminary review to ensure the "Essential Submission Requirements" appear in the
submission has been undertaken. This compliance checklist is to be used in evaluating the
"overall completeness and quality of submission". Each item is to be reviewed more closely
by committee members and scored to reflect each item's relevance and value.'
Please refer to Terms of Reference - Evaluation of Submissions, Page 5 for instructions on
how proposals are to be evaluated by committee members.
The Health & Safety documentation has been forwarded to the Co-ordinator, Health & Safety
to review and provide a score out of 5 points, which will be included as part of the total score.
Attachments are as follows:
1. Preliminary Compliance Checklist
2. Evaluation form (to be used by Evaluation Committee Members)
3. Copy of Terms of Reference,
4. Copy of the proposals received
Please co-ordinate an appropriate date and time to arrange a meeting for the evaluation
committee. Each member should review the submissions carefully according to the criteria
before the meeting time.
If you require further information; please contact me.
175
JH/ar ~._.W. .
Attachments
ATTACH.MENT#._,j_.,. TOREPORT# o S a ~o
_z0f
August 10, 2010 Page 2
Request for Proposal No. RFP-8-2010
Consulting Services for a Feasibility Study and Municipal Class environmental Assessment for
Pickering Operations Centre
ATTACHMENT#----L TOREPORT#..Qcd
of ZI 176
**Reference RFP-8-2010 document (provided), in reviewing details of each section:**
Information to Bidders - Delivery, Closing Date, Time and Location
One original and (5) five copies of the bidder's submission shall be provided by the
closing date
Original to be marked Original, copies to be marked Copy.
Each submission shall be printed double-sided, corner stapled or clipped.
NO OTHER FORM OF BINDING (cerlox. heated plastic spine, vinyl, 3 ring binder
or similar)
Essential Submission Requirements
Proposals to be presented in the order outlined below.
Proposals which do not include essential documentation, are incomplete or
assembled not
in accordance with instructions will be adversely affected in its evaluation by way
of scoring reductions and could include not considering the proposal at all.
Evaluators to review documentation. in detail and score item or section
accordingly
A Overall completeness and quality of submission
Qualifications of personnel, understanding of scope of project and service
concerns, work plan and schedule, modifications or enhancements to study
B approach, and quality of references
C Professional Fees
Relevant company experience in undertaking projects of similar complexity, scope,
D importance and value and lessons learned to be applied to this project.
Insurance, health & safety, addenda, accessibility conflict of interest
E documentation
i
'reliminary Compliance Check Lis
RFP-8-2010
Consulting Services for a Feasibility Study and Municipal Class Environmental Assessment -
Pickering Operations Centre
ATTACHMENT#-_/ TOREPORT#UC-S aq~-l0
Initial check - Subject to reviewing details
Company Names
Senes
Consultants
ITEMS Limited IBI Group A►ECOM Comments
Info to Bidders ✓ ✓ ✓
Essential Requirements ✓ ✓ ✓
A ✓ ✓ ✓
B ✓ ✓ ✓
C ✓ ✓ ✓
D ✓ ✓ ✓
E ✓ ✓ ✓
Double Sided X ✓ ✓
Stapled/Clipped ✓ ✓ ✓
LEGEND
✓ as requested
► more than
less than
review
x no
ATTACHMENT #---L. TO REPORT# 2q-10
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ATTACHMENT# I TOREPORT#-0--c 2, a~~U
179 ia of
City o~
PI
REQUEST FOR PROPOSAL
R F P-8-2010
Consulting Services for
a Feasibility Study and Municipal Class
Environmental Assessment for
Pickering Operations Centre
ATTACHMENT#_._LTOREPORT#-4-c-L-5 aq f0
-7 of
RFP-8-2010
Consulting Services for a Feasibility Study and
Municipal Class Environmental Assessment - Pickering Operations Centre
INFORMATION TO BIDDERS 80
DELIVERY, CLOSING DATE, TIME AND LOCATION
1. One original and 5 (five) copies of the bidders submission shall be provided by the
closing date and time, and each shall be no more than five letter size pages printed
"double-sided".
2: Each submission shall be printed double-sided, corner "stapled" or "clipped". No other
form of binding (cerlox, heated plastic spine, vinyl, 3 ring binders or similar) to be used.
3. All submissions will be prepared at no cost to the City and will become the property of .
the City.
4. Submissions shall be sealed, clearly marked with the bidder's company name and
clearly marked as to content - RFP-8-2010, Consulting Services for Feasibility Study
and Municipal Class Environmental Assessment for Pickering Operations Centre
- to Supply & Services, Corporate Services counter, 2nd Floor, Pickering Civic Complex,
One The Esplanade, Pickering, ON L1 V 6K7, before 12:00 p.m. (local time):
Thursday, August 5, 2010
5. Bids will be deemed to have been received when a City representative has stamped the
envelope with the time and date of receipt with the time clock located at the Corporate
Services counter. The time clock located at the Corporate Services counter is the official
time piece. Bids not received at the Corporate Services counter will not be considered.
6. The bidder is responsible for delivering the proposal before the closing date and time
and assumes the risk of and. all means of delivery be it by hand, postal service or
courier.
7. Bids submitted by facsimile or electronic delivery, secure site or otherwise, will not be
considered.
8. Bids received after the official. closing time are considered LATE, will not be accepted and will
be returned unopened to the bidder.
9. Where a bid does not bear the Consultant or company name and/or address and it is
received late by the City, the City is required to open the envelope or carton only for the
purpose of returning the submission.
10. Submissions will be opened by a member of Supply & Services as soon as practicable
following the closing date and time, which is not a public opening. Only the company
names of submissions received by the closing date and time will be made available to
.enquiries. This is only a list of company names responding to the request for proposal
and is not deemed.to indicate compliance with submission requirements.
11. Proposals submitted shall be considered final and may not be altered by subsequent
offerings, discussions or commitments unless authorized by the City.
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Consulting Services for a Feasibility Study and
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12. Proposals shall be irrevocable and shall remain valid for acceptance by the City of
Pickering for a period of ninety (90) days from the proposal closing date.
13. The City, its elected officials, employees and agents will not be responsible for any
liabilities, costs, expenses, loss or damage incurred, sustained or suffered by any
person or business prior or subsequent to, or by reason of the acceptance, or
non-acceptance by the City of any submission, or by reason of any delay in the
acceptance of any submission.
14. In the receipt of proposals, no obligation is incurred by the City to accept the lowest,
highest or any proposal.
15. Should a dispute arise from the terms and conditions outlined herein, regarding
meaning; intent or ambiguity, the decision of the City shall be final.
ESSENTIAL SUBMISSION REQUIREMENTS
16. The submission of a proposal will be considered.presumptive evidence that the bidder
has carefully examined the City's requirements, investigated and is fully informed of all
conditions which may be encountered and may affect the delivery of the services,
quality and volume of work to be performed outlined within the Terms of Reference.
17. Proposal is to include the following essential documentation and be organized and
presented in the order outlined below, in an indexed format. Proposals which do not
include essential documentation, are incomplete or assembled not in accordance with
instructions will adversely affect its evaluation by way of scoring reductions and could
include not considering the proposal at all.
18. Work Plan and Schedule
Work plan and schedule shall include details of the study process, personnel assigned
to each task, milestones, projected dates for Draft and Final deliverables, and timing for
meetings with City staff.
Consultants are encouraged to suggest and identify modifications and revisions within
their proposal to the study approach and scope of work identified in Item 39 that they
believe would provide additional value to the study and will lead to the enhancement of
the final product.
The schedule is exempt from the page count referred to in Clause 1 and is acceptable
to be printed on 11" x 17" paper size for clarity and legibility.
19. Qualifications of Personnel
Resume(s) for each of the personnel assigned to the project and a description of roles
of each of the personnel in carrying out the scope of services required.
Detailed resumes are excluded from page count referred to in Clause 1.
20. References
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ATTACHMENT# ~ TOREPORT#(2E-S -2 /t1
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Consulting Services for a Feasibility Study and
Municipal Class Environmental Assessment - Pickering Operations Centre
182
Provide three references including contact information from municipal/government
clients which include a description of the work performed and the outcomes.
21. Professional Fees
Per diem and hourly fees shall be stated for each person.
Time for each personnel assigned, by individual task, within each phase of work, with
fees, totalled per task and.phase of work..
Rates and details of disbursements shall be stated, as applicable.
A budget matrix is required and is exempt from the page count referred to in Clause 1
and is acceptable to be printed on 11 x 17 paper size for clarity and legibility.
Harmonized Sales Tax (HST) will be applicable 'to the work.
22. Company Experience
A description of company experience in undertaking Class EA studies having similar
complexity, scope and importance, of similar value, and lessons learned from similar
completed studies that will be applied to this one.
23. Insurance, Health & Safety, Addenda, Conflict of interest
(a) Proof of insurance or letter from Insurance Agent/Broker confirming the bidder can
be insured for Commercial General Liability Insurance Coverage, Automobile
Liability Insurance Coverage, Property Damage and Professional Liability, each of
not less than $5 million ($5,000,000). Prior to work start, a Certificate of Insurance
shall include the City of Pickering as an additional named insured.
(b) A copy of the current Clearance Certificate issued by the Workplace Safety &
Insurance Board (WSIB);
(c) A copy of the current Workplace Injury Summary Report issued by Workplace Safety
& Insurance Board (in lieu of the Workplace Injury Summary Report document, a
copy of the current CAD 7, NEER, or MAP reports may be submitted) - dated within
2010).
(d) Acknowledge City's Health & Safety Regulations and Accessibility Regulations
(attached);
(e) Statement to acknowledge Addenda received. If no Addenda has been issued by
the City and therefore, not received, a statement to that effect shall be included;
(f) Statement to confirm that there is no actual or potential conflicts of interest that
would preclude involvement on this.study, and that we will be notified in the event a
specific task creates an actual or potential conflict of interest that may preclude
involvement in a particular component of the study;
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183 Consulting Services for a Feasibility Study and
Municipal Class Environmental Assessment - Pickering Operations Centre
(a) to (f) excluded from the page count referred to in Clause 1.
EVALUATION OF SUBMISSIONS
24. Submissions will be evaluated according to the following criteria:
Relative Value/100
a. Overall completeness. and quality of.submission 10
b. Qualifications of personnel, understanding of scope 35
of project and service concerns, work plan and
schedule, modifications or enhancements to study
approach, and quality of references
c. Professional Fees 10
d. Relevant company experience in undertaking 40
projects of similar complexity, scope, importance
and value and lessons learned to be applied to this
project.
e. Insurance, health & safety, addenda, accessibility 5
conflict of interest documentation
25. The score or ranking by the committee for any or all proposals/interview will not be
disclosed on enquiry. Submissions will be reviewed by an Evaluation Committee and
evaluated according to the criteria described above evaluated according to the criteria
described above. The Evaluation Committee will rank the submissions lowest to highest
score and develop a short-list of up to two highest scoring proposals for consideration.
An interview may be requested of the 2 consultants by the evaluation committee to
tabulate a combined average score (proposal score and interview score) to recommend
the highest scoring consultant for consideration.
The Evaluation Committee may recommend the highest scoring proposal for
consideration without undertaking the interview process.
The score or ranking by the committee for any or all proposals/interview will not be
disclosed on enquiry.
26. Unsatisfactory references known to a member of the evaluation committee or
unsatisfactory previous work experience may result in the Consultant's proposal not
being considered.
27. The City reserves the right to:
a) accept a proposal in whole or in part
b) expand the number of Consultants for consideration, as recommended by the
evaluation committee
c) not consider, not accept or reject any or all submissions
d) waive omissions, notwithstanding essential items; or
e) cancel or amend this call,
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of RFP-8-2010
Consulting Services for a Feasibility Study and
Municipal Class Environmental Assessment - Pickering Operations Centre
if in so doing the best interests of the City will be served and no liability shall accruelto8 4
the City from such. undertakings and all decisions derived there from.
28. Professional fees must include all operating, overhead, and incidental costs and the
Consultant must be satisfied as to the total requirements of this request for proposal.
29. All invoices will precisely indicate the tasks for which work has been completed as well
as the remaining percentage of a task or tasks to be done.
30. Any representation or solicitation to the City, its elected officials, employees or agents
with respect to the proponent's submission will disqualify the submission. The City, its
elected officials, employees and agents will not be responsible for any liabilities, costs,
expenses, loss or damage incurred, sustained or suffered by any proponent, prior or
subsequent to, or by reason of the acceptance, or non-acceptance by the City of any
submission, or by reason of any delay in the acceptance of any submission.
31. Disclosure of information submitted is subject to the Municipal Freedom of Information
and Protection of Privacy Act. To prevent the release of information the proponent must
state the information is submitted in confidence and indicate the nature of the
confidential information and what harm would result from the release.
ENQUIRIES
32. All enquiries shall be in writing and submitted by facsimile to 905.420.5313 to the
attention. of Supply & Services before 2:00 pm local time Wednesday, July 21, 2010.
Both the questions and answers will be available without stating the source(s) of the
enquiry in an ADDENDUM within approximately 2 days.
33. Any changes to this request for proposal will be issued as an addendum.
34. Addenda are posted on the City of Pickering website at:
http://www.cityofpickering.com/standard/citvhall/supply/main.html
35. It is the bidder's sole responsibility to check often on the City's website for addenda, in
particular before the bid closing date and time.. The onus is on the bidder to check the
website prior to closing to ensure that they have received all addenda.
36.. All addenda must be acknowledged in the proposal as instructed.
BACKGROUND
37. The City's existing Municipal Operations Centre is located within the Duffin Heights
Neighbourhood, at 2570 Tillings Road, (at the intersection of Tillings Road and Dersan
Street), west of Brock Road and north of Third Concession Road. The Operations Centre
is 3,343 square metres in floor area, lying on a site of 4.23 hectares and is serviced by
well and septic system. The Operations Centre was originally constructed in 1975, with
several additions and modifications over the years. City of Pickering operations currently
located at the facility include:
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8 5 Consulting Services for a Feasibility Study and
Municipal Class Environmental Assessment - Pickering Operations Centre
• Animal Services
• Operations & Facilities
o road maintenance
o parks maintenance
o property maintenance
o municipal garage
o administration
The Operations Centre also includes two storage structures for winter sand and salt, fuel
pumps, outdoor storage of materials and numerous out buildings. Durham Region Transit
also uses the facility through a lease arrangement with the City to fuel, wash and store
buses.
Additional background documents and materials will be provided to the successful bidder.
Although the facility is reasonably well located to provide operational services across the
City, the Duffin Heights neighbourhood is changing and residential developments are
encroaching on the site. Shortly, abutting uses will both impact and be impacted by the
facility, making it difficult to maintain operations. In addition, the lands have been
identified as a future school site in the Council-approved Duffin Heights Development
Guidelines.
38. Future development in Duffin Heights and the abutting Seaton Community (the area
bounded by Taunton Road, Highway 7, West Duffins Creek and Sideline 16), will bring
further population and employment growth to the City. This growth will be accompanied
by a significant increase in municipal infrastructure, including roads, parks and other
community facilities, and require a significant expansion of the City's equipment, fleet,
staff and maintenance capabilities. This expansion cannot be accommodated at the
existing Operations Centre. The City is therefore required to vacate and dispose of the
existing facility, and determine our ultimate service delivery model.
Planning projections for population growth and current land use designations in the City
and Regional Official Plans will be provided to the successful bidder.
SCOPE OF WORK
39. The work shall follow the planning process for a Schedule C, Municipal Class
Environmental Assessment, including all consultation requirements. The outcome of
the process will be the completion of an Environmental Study Report in accordance with
the Municipal Class Environmental Assessment Process (Schedule C) that among other
things:
• identifies and describes the problem/opportunity
• identifies and evaluates alternative solutions to the problem/opportunity
• identifies a preferred solution
• examines alternative methods of implementing the preferred solution; and
• documents public involvement in the process.
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Consulting Services for a Feasibility Study and
Municipal. Class Environmental Assessment - Pickering Operations C,enre
40. One of the alternative solutions/alternative methods will be constructing a new operations
centre at a new location. Elements to be considered for this alternative must include:
• an understanding of the existing and planned development and areas to be
serviced in relation to the, proposed location
• current and future staffing and equipment needs to provide the services and ability
for future expansion
• suitability of the site to.include an animal shelter
• determine whether a satellite facility is required in order to maintain service levels
in the future
• prepare a preliminary design concept and site plan to prove all requirements can
be achieved, including cost estimates
• municipal services including water, sewer, gas, hydro, telephone and cable are
required; and
• LEED certified facility with sustainability technologies and state of the art facility
with opportunities for sustainable stormwater management techniques and salt
management (low impact).
BUDGET
41. City Council has approved an upset limit of $80,000 for this study.
PROJECT MANAGEMENT
42. The City will manage the project. A Steering Committee consisting of six members from
various City departments will be established to provide strategic direction to the
Consultant and liaise with City Council. The Committee will also be responsible for
supervising the study to ensure that it is carried-out in accordance with the Municipal
Class EA process and to the satisfaction of the City.
43. The Consultant shall meet with the Steering Committee on a regular basis as well as at
milestones during the project. Consultant to provide meeting agendas and prepare and
distribute minutes of meetings, including those with outside agencies. The Committee.
shall monitor project progress with the Consultant and exercise budgetary control and
approve revisions to the study process if required. City staff shall be responsible for
advertising of public notices, and for informing Mayor and Council and other City staff of
progress of the study.
44. Day to day reporting and communication will be with the Director, Operations &
Emergency Services.
DELIVERABLES
45. Ten (10) copies (paper) of the draft reports and one (1) copy in digital format using the.
MicrosoftTOffice suite of applications shall be provided to the Steering Committee for
review prior to the preparation of final reports.
46. Fifteen (15) copies (paper) of the final report and one (1) copy in digital format using the
Microsoft Office suite of applications shall be provided to the City upon completion.
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47. All documents shall become the property of the City of Pickering and the City shall be the
sole copyright holder of these documents.
48. A presentation to the Steering Committee and a presentation to Council will be required
prior to the filing of the ESR. Provide suitable display materials to accompany these
presentations.
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Consulting Services for a Feasibility Study and
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HEALTH AND SAFETY REGULATIONS
1. (a) The City is the "owner" throughout the term of this contract.
(b) The Company is the "employer" throughout the term of this contract.
2. The company certifies that it, its employees, its subcontractors and their employees,
(a) are aware of their respective duties and obligations under the Occupational Health and Safety
Act, as amended from time to time, and all Regulations thereunder (the Act); and
(b) have sufficient knowledge and training to perform all matters required pursuant to this
contract/quotation safely and in compliance with the Act.
(c) are covered by WSIB.
3. In the performance of all matters required pursuant to this contract/quotation, the company shall,
(a) act safely. and comply in all respects with the Act, and
(b) ensure that its employees, its subcontractors and their employees act safely and comply in all
respects with the Act.
4. The company, shall rectify any unsafe actor practice and any non-compliance with the Act at its expense
immediately upon being notified by any person of the existence of such act, practice or non-compliance.
5. The company shall permit representatives of the City on site at any time or times for the purpose of
inspection to determine compliance with this contract/quotation.
6. No act or omission by any representative of the City shall be deemed to be an assumption of any of the
duties or obligations of the company or any of its subcontractors under the Act.
7. The company shall indemnify and save harmless the City,
(a) from any loss, inconvenience, damage or cost to the City, which may result from the company or
any of its employees, its subcontractors or their employees failing to act safely or to comply in all
respects with the Act in the performance of any matters required pursuant to this
contract/quotation; and
(b) against any action or claim, and costs related thereto, brought against the City, by any person
arising out of any unsafe act or practice or any non-compliance with the Act by the company or
any of its employees, its subcontractors or their employees in the performance of any matter
required pursuant to this contract/quotation.
(c) from any and all charges, fines, penalties, and costs that may be incurred or paid by the City if the
City (or any of its council members or employees) shall be.made a party to any charge under the
Act in relation to any violation of the Act arising out of this contract/quotation.
8. The company shall abide by the Workplace Safety & Insurance Board Act, as amended from time to time
and all Regulations thereunder.
CONDITION OF WORK SITE
9. The company shall remove and legally dispose of debris, packaging and waste materials frequently, or
as directed by the City, in accordance with all governmental regulations applicable to such activities.
LIABILITY
10. The company agrees to at all times defend, fully indemnify and save harmless the City from all actions,
suits, claims and demands, losses, costs, charges and expenses arising by reason of injury or death to
any person or any property or charges brought or made against or incurred by the City from or relating to
the work performed or to be performed herein.
Acknowledged: Date:
Signature Print Name Company
Page 10
ATTACHMENT#___4 TO REPORT#-_Gat$
of
RFP-8-2010
189 Consulting.Services fora Feasibility Study and
Municipal Class Environmental Assessment- Pickering Operations Centre
ACCESSIBILITY REGULATIONS FOR CONTRACTED SERVICES
i
In accordance with Ontario Regulation 429/07, Accessibility Standards for Customer Service
Section. 6, every provider of goods and services shall ensure that every person who deals
with members of the public or participates in the developing of the service provider's policies,
practices and procedures governing the provision of goods and services to members of the
public, shall be trained on the following:
1. How to interact and communicate with persons with various types of disability.
2. How to interact with persons with disabilities who use assistive devices or require the
assistance of a guide animal, or a support person.
3. How to use equipment that is available on the premises that may help in the provision of
goods or services.
4. What to do if a person with a particular type of disability is having difficulty accessing the
provider's goods or services.
5. Information on the policies, practices and procedures governing the provision -of goods and
services to people with disabilities can be found on the Ministry of Community & Social
Services website. The following link provides access to the training module:
www.mcss.gov.on.ca/mcss/serve-abil.ity/HTML Eng/screen0l.html
Contracted employees, third party employees, agents and others who deal with members of
the public on behalf of the City of Pickering must meet the requirements of Ontario
Regulation 429/07 with regard to training. A document describing the training policy, a
summary of the. contents of the training and details of training dates and attendees must be
submitted to the City of Pickering upon request.
I acknowledge that the training module has been completed accordingly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
:Acknowledged By
Company Name Date
Authorized Official Title
Name (please print)
Signature
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
Page 11
Al IX-MI'MINI 4+10-
of a
ADDENDUM NO. 1 RFP-8-2010
The following information is provided to prospective bidders to clarify, add to, or amend the
information provided in the proposal documents.
This addendum forms an integral part of the proposal and contract documents and is to be read,
interpreted and coordinated with all other parts of the documents. The cost of all contained herein
is to be included in the total amounts / contract sum. The following revisions supersede the
information contained in the original terms and specifications issued for the above named project to
the extent referenced and shall become part thereof. Acknowledge receipt of this addendum by a
statement within your proposal or by acknowledging the form and returning with your proposal.
Reference: Terms of Reference - information to Bidders, Enquiries - Page 6:
Item #33 - Any changes to this request for proposal will be issued as an addendum.
The following questions were submitted for clarification. Answers are provided as follows:
Question #1: In regards to Item 41 on page 8 of the above mentioned Request for Proposals could
you please confirm that $80,000 is the correct amount approved for an upset limit to complete both
the Feasibility Study and the Schedule C Municipal Class Environmental Assessment
Answer: Yes, the City has determined that this amount should complete the work as defined
in the RFP Terms of Reference. Should the bids be in excess the City would determine
whether to proceed now or complete the work in a future year.
Question #2: The title suggests that a Feasibility Study is part of this project, however in Section 39
of the RFP (scope of work) there are no details regarding the City's requirement for the completion
of the Feasibility Study. Is the Feasibility Study part of this scope of work?
Answer: The City will be presenting various optional locations for relocating the Operations
Center (should the EA determine that is the most appropriate action) to the successful bidder.
As part of the work program, the successful bidder is expected to conduct a feasibility
assessment for each location and determine the most appropriate location offered by the City
or any other location as determined by the successful bidder.
This request for clarification relates to Page 10 - LIABILITY
Question #3 Does the City of Pickering use the MEA-CEO agreement?
Answer: The City will enter into the MEA-CEO agreement if requested by the successful bidder.
Question #4: In its current form, the Liability (indemnity) provision is not linked to negligence. In
order to prevent exclusions in insurance coverage for professional liability claims, the
indemnification must be tied to negligence. Would the City of Pickering be agreeable to amend the
language in the provision as follows: "...or incurred by the City from or relating to THE
CONSULTANT'S NEGLIGENT ACTS, ERRORS OR OMMISSIONS IN ITS PERFORMANCE OF
the work herein."
Answer: The City is agreeable to amend the language in the provision - as noted above.
End of Addendum No. 1
ACKNOWLEDGE ALL ADDENDA IN THE PROPOSAL AS INSTRUCTED
or by acknowledging the form and returning with your proposal
Page 1 of 1
AT eACHMENT#-L TOREPORT#- ~C7
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M.E.A./C.E.O.
CLIENT/CONSULTANT AGREEMENT
FOR
MUNICIPAL WORKS
2006
AGREEMENT CONTENTS
Page
Contents of MEA/CEO Consultants Agreement
Form of Agreement
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
# OL ac f_/D
ATTACHMENT#__.... TO RFPORT
192
-1-
AGREEMENT
FOR
PROFESSIONAL CONSULTING SERVICES
MEMORANDUM OF AGREEMENT dated the day of
A. D. 20
-BETWEEN-
THE CORPORATION OF
Hereinafter called the 'Client'
THE PARTY OF THE FIRST PART
-AND-
Hereinafter called the 'Consultant'
THE PARTY OF THE SECOND PART
WHEREAS the Client intends to
hereinafter called the 'Project' and has requested the Consultant to furnish professional services in
connection therewith;
i
NOW THEREFORE WITNESSETH that in consideration of the covenants contained herein, the Client
and the Consultant mutually agree as follows:
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
ATTACMMENT# TO REPORT# OL-~S a~~d
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ARTICLE 1 - GENERAL CONDITIONS
1.01 Retainer
The Client hereby retains the services of the Consultant in connection with the Project and the
Consultant hereby agrees to provide the services described herein under the general direction and
control of the Client.
In this Agreement the word Consultant shall mean professionals and other specialists engaged by the
Client directly and whose names are party to this Agreement.
1.02 Services
The services to be provided by the Consultant and by the Client for the Project are set forth in Article 2
and such services as changed, altered or added to under Section 1.08 are hereinafter called the
'Services'.
1.03 Compensation
The Client shall pay the Consultant in accordance with the provisions set forth in Article 3. For
purposes of this agreement, the basis of payment shall be as specified in Article 3.2._
1.04 Staff and Methods
The Consultant shall perform the services under this agreement with that degree of care, skill and
diligence normally provided in the performance of such services as contemplated by the agreement at
the time such services are rendered and as required by the Professional Engineers Act (RSO 1990,
Chapter P. 28) and regulations therein. The Consultant shall employ only competent staff who will be
under the supervision of a senior member of the Consultant's staff.
1.05 Drawings and Documents
Subject to Section 3.2.4 of Article 3, drawings and documents or copies thereof required for the Project
shall be exchanged between the parties on a reciprocal basis. Documents prepared by the Consultant
for the Client, including record drawings, may be used by the Client, for the Project herein described.
In accordance with Article 1.06, the client indemnifies the Consultant for unauthorized use of the
documents and deliverables.
1.06 Intellectual Property
All concepts, products or processes produced by or resulting from the Services rendered by the
Consultant in connection with the Project, or which are otherwise developed or first reduced to practice
by the Consultant in the performance of his Services, and which are patentable, capable of trademark
or otherwise, shall be considered as Intellectual Property and remain the property of the Consultant.
The Client shall have permanent non-exclusive royalty-free license to use any concept, product or
process, which is patentable, capable of trademark or otherwise produced by or resulting from the
Services rendered by the Consultant in connection with the Project and for no other purpose or project.
1.07 Records and Audit
(a) 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 staff employed for the Project.
(b) The Client may inspect timesheets and record of expenses and disbursements of the
Consultant during regular office hours with respect to any item which the Client is required to
pay on a time scale or disbursement basis as a result of this Agreement.
(c) The Consultant, when requested by the Client, shall provide copies of receipts with respect to
any disbursement for which the Consultant claims payment under this Agreement.
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
ATTACHMENT# TOREPORT# ~t;s o2~-lQ
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1.08 Changes and Alterations and Additional Services
With the.consent of 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 Section 3.2.1 for such additional staff
employed directly thereon, together with such expenses and disbursements as allowed under Section
3.2.4. In the event that the client delays the project then the consultant shall have the right to
renegotiate the agreement.
1.09 Suspension or Termination
Either party may at any time by notice in writing to the other party, suspend or terminate the Services or
any portion thereof at any stage of the project. 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
an event, the Consultant shall be entitled to payment in accordance with Section 3.2. for any of the
Consultant's staff employed directly thereon together with such expenses and disbursements allowed
under Section 3.2.
If the Consultant is practicing as an individual and dies before his Services have been completed, this
Agreement shall terminate as of the date of his death, and the Client-shall pay for the Services
rendered and disbursements incurred by the Consultant to the date of such termination.
1.10 Indemnification
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, his
employees, officers.or agents may suffer, to the extent the Consultant is legally liable as aresult of the
negligent acts of the Consultant, his employees, officers or agents in the performance of this
Agreement.
The Client agrees to hold harmless, indemnify and defend the Consultant from and against any and all
claim, losses, damages, liability and costs of defense arising out of or in any way connected with the
presence, discharge, release or escape of contaminants of any kind, excluding only such liability as
may arise out of the negligent acts of the Consultant in the performance of consulting services to the
Client within this project.
1.11 Insurance
The Client will accept the insurance coverage amount specified in this clause section (a) as the
aggregate limit of liability of the Consultant and its employees for the Client's damages.
a) Comprehensive General Liability and Automobile Insurance
The Insurance Coverage shall be $ per occurrence and in the aggregate for
general liability and $ for automobile insurance. When requested the
Consultant shall provide the Client with proof of Comprehensive General Liability and
Automobile Insurance (Inclusive Limits) for both owned and non-owned vehicles.
b) Professional Liability Insurance
The Insurance Coverage shall be in the amount of $ per claim and in
the aggregate. When requested, the Consultant shall provide to the Client proof of
Professional Liability Insurance carried by the Consultant, and in accordance with the
Professional Engineers Act (RSO 1990, Chapter P. 28) and regulations therein.
C) Change in Coverage
If the Client requests to have the amount of coverage increased or to obtain other special
insurance for this Project then the Consultant shall endeavour forthwith to obtain such
increased or special insurance at the Client's expense as a disbursement allowed under
Section 3.2.
MENCEO Client/Consultant Agreement for Municipal Works 2006
ATTACHMENT#- ~ TOREPORT# Q -?t-/-/O
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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.
1.12 Contracting for Construction
Neither the Consultant nor any person, firm or corporation associated or affiliated with or subsidiary to
the Consultant shall tender for the construction of the Project, or have an interest either directly or
indirectly in the construction of the Project.
1.13 Assignment
Neither party may assign this Agreement without the prior consent in writing of the other.
1.14 Previous Agreements
This Agreement supersedes all previous agreements, arrangements or understandings between the
parties whether written or oral in connection with or incidental to the Project.
1.16 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 the Client and unless authorized by.the Client in writing, such applications for
approval or review shall not be obtained by direct contact by the Consultant with such other authority,
department of government or agency.
1.16 Principals and Executives
The use of Principals and Executives on a time basis by the Consultant, will be in accordance with
Section 1.23.1 (c).
1.17 Sub-Consultants
The Consultant may engage others as sub-consultants for specialized services provided that prior
approval is obtained, in writing, from the Client and may add a mark-up of not more than 5% of the cost
of such services to cover office administration costs when claiming reimbursement from the Client plus
the cost of the additional insurance incurred by the Consultant for the specialized services.
1.18 Inspection
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 Project and the premises
where they are being performed.
1.19 Publication
The Consultant agrees to obtain the consent in writing of the Client before publishing or issuing any
information regarding the Project.
1.20 Confidential Data
The Consultant shall not divulge any specific information identified as confidential, communicated to or
acquired by him, or disclosed by the client in the course of carrying out the Services provided for
herein. These obligations of confidentiality shall not apply to information which is in the public domain,
which is provided to the Consultant by a third party without obligation of confidentiality which is
independently developed by the Consultant without access to the Client's,information, or which is
required to be disclosed by law or by court order. No such information shall be used by the Consultant
on any other project without the approval in writing of the client.
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
ATTACH MENT#--f iOREPORT# oESat-~-I C7.
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1.21 Dispute Resolution
(a) If requested in writing by either the Client or the Consultant, the Client and the Consultant
shall attempt to resolve any dispute between them arising out of or in connection with this
Agreement by entering into structured non-binding negotiations with the assistance of a
mediator on a without prejudice basis. The mediator shall be appointed by agreement of the
parties. If a dispute cannot be settled within a period of ninety (90) calendar days with the
mediator, the dispute shall be referred to and finally resolved by arbitration under the rules of
the province having jurisdiction or by an arbitrator appointed by the agreement of the parties.
(b) No person shall be appointed to act as mediator or arbitrator who is in any way interested,
financially or otherwise, in the conduct of the work on the Project or in the business or other
affairs of either the Client or the Consultant.
(c) The award of the arbitrator, including an award for costs if applicable, shall be final and
binding upon the parties.
(d) The provisions of The Arbitration's Act, R.S.O., 1991, Chapter 17, as amended shall apply.
1.22 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 give due consideration to all designs, drawings, plans, specifications, reports, tenders,
proposals and other information submitted by the Consultant, 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
Consultant.
1.23 Estimates, Schedules and Staff List
1.23.1 Preparation of Estimate of Fees. Schedule of Progress and Staff List
When requested by the Client, and where payment is calculated on a time basis, the Consultant shall
provide, for approval by the Client:
(a) An estimate of the total fees to be paid for the Services.
(b) A Schedule showing an estimate of the portion of the Services to be completed in each month
and an estimate of the portion of the fee which will be payable for each such month.
(c) A Staff list showing the number, classifications and hourly rate ranges for staff, Principals and
Executives, for which the Consultant will seek payment on a time basis. The Consultant shall
relate such information to the particular type of work that such staff is to perform, while
employed on the Project. Such list shall designate the member of the Consultant's staff who
is to be the liaison person between the Consultant and the Client.
1.23.2 Subsequent Changes in the Estimate of Fees, Schedule of Progress and Staff List
The Consultant will require prior written approval, from the Client for any of the following changes:
(a) Any increase in the estimated fees beyond those approved under Subsection 1.23.1 (a).
(b) Any change in the schedule at progress which results in a longer period than provided in
Subsection 1.23.1 (b).
(c) Any change in the number, classification and hourly rate ranges of the staff provided under
Subsection 1.23.1 (c).
1.23.3 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.
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
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ATTACHMENT#-L, TOREPORT# OL5
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1.24 Additional Conditions
MENCEO Client/Consultant Agreement for Municipal Works 2006:
A TTACHMENT#B__._,.... f O REPORT # L~ ~l I C~
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ARTICLE 2 - SERVICES
2.01 Services to be provided by Consultant
2.02 Services to be provided by Client
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
ATTACHMERT# Try REPORT#
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ARTICLE 3 - FEES AND DISBURSEMENTS
3.1 Definitions
For the purpose of this Agreement, the following definitions shall apply:
(a) Cost of the Work:
(i) The "Cost of the Work" shall mean the total cost of the Project including all materials,
equipment, sales taxes, labour and contractor's overhead and profit, necessary to complete
the work for which the Consultant prepares designs, drawings or specifications, for which
he is responsible. Where sales taxes are not included in the cost of the work, the fee shall
be adjusted upwards by the factor equivalent to the sales taxes. The adjusted fee may be
computed to the nearest one-tenth of one percent (1/10%).
(ii) Wherever the client furnishes labour or other service which is incorporated in the work, the
current price of labour or other service when the work was executed shall be used to
compute the Cost of the Work.
(iii) Whenever used materials or equipment is furnished by or on behalf of the Client, the fair
market value of such materials or equipment, as though it was purchased new, shall be
used to compute the Cost of the Work.
(iv) In computing the Cost of the. Work, no deductions shall be made on account of any
penalties or damages claimed by the Client from any contractor or on account of any other
sum withheld from any contractor.
(v) The Cost of the Work shall not include any fees and disbursements due to the Consultant,
the Client's engineering and office expenses, or cost of land.
(b) Site:
Site includes the actual work site and other locations where the checking of materials, equipment
and workmanship is carried out.
3.2 Basis of Payment (STRIKE OUT INAPPLICABLE PARAGRAPHS)
3.2.1 Fees Calculated on a Percentage of Cost Basis
The Client shall pay the Consultant fees to be calculated as a percentage of the Cost of the Work for
normal projects as follows:
CALCULATION OF FEE
TYPE OF SERVICE PERCENTAGE
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
ATTACHMENT #-J .TOREPORT# QL-
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3.2. 2 Fees Calculated on a Time Basis '
The Client shall pay the Consultant a fee, calculated on a time basis, for that part of the Services
described in Article 2. Fees on a time basis for all staff shall be hourly rates based on job classifications
as follows:
Classification: Hourly Rate:
For a project of over one (1) year duration, or for projects which become extended beyond one (1) year
in duration, the consultant may from time to time seek approval from the client to adjust hourly rates
and such approval shall not be unreasonably withheld.
3.2.2.2 Time Expended
All time expended on the assignment, whether in the Consultant's office, at the Client's premises, or
elsewhere, and including travel time, shall be chargeable. This also includes, but is not limited to,
'stenographic and clerical staff engaged in the preparation of documents such as reports and
specifications.
3.2.3 Lump-Sum Fee / Negotiated Fee
3.2.3.1 Lump-Sum Fee Basis
(a) Fees for the scope of work covered under this Agreement will be on a Lump-Sum Fee Basis,
inclusive for labour and reimbursable expenses. .
(b) Monthly progress invoices will be based on the percentage of project completed or milestone
achieved. Invoices for fees are due upon presentation. Accounts unpaid after 30 days are
subject to monthly interest charges at a rate of per annum. The Consultant reserves the
right, without penalty, to discontinue services in the event of non-payment.
(c) If the project is abandoned or.delayed for any reason beyond the Consultant's control, the Client
shall pay a fee for services rendered to that date, plus the termination expenses reasonably
incurred by the Consultant in winding down the project.
(d) GST will be added to the Lump-Sum Fee.
3.2.4 Reimbursable Expenses
In addition to the fee, the Consultant shall be reimbursed at cost plus an administrative charge of 5%,
plus the cost of additional insurance incurred by the Consultant, for all expenses properly incurred by
him in connection with the project, including but not limited to: vehicle use charges,. travelling and living
expenses, long distance telephone charges, facsimile transmission charges, printing and reproductions,
progress photography, advertising for tenders, special delivery and express charges, overtime premium
costs, and the cost of providing and maintaining site offices, supplies and equipment, chemical and
physical tests.
3.2.4.1 Information Technology and Reprographic (ITR) costs incurred by the Consultant shall be reimbursed
at a standard charge rate of $ per labour hour expended. The assessment shall include all
information technology resources required for purposes of providing the services contemplated under
this agreement, including: computer equipment/systems, computer software, computer supplies,
networking (local and wide area), and labour associated with computer management, administration
and support. Computer systems include all types of computers, such as: general purpose
microcomputers, PC-CADD microcomputers, graphic design workstations, and notebooks. The ITR
charge shall also include all regular in-house convenience copying and printing. Cost for reproducing
specifications and drawing set shall not be included in this rate.
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
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3.2.4.2 Telecommunication costs (COM) other than video-conferencing incurred by the Consultant shall be
reimbursed at a standard charge rate of $ per labour hour expended. The assessment shall
include in-house costs for use of telephone/telecommunication services (including maintenance and
support) and facsimile transmissions.
3.3 Payment
3.3.1 Fees Calculated on a Time Basis
The Consultant shall submit an invoice to the Client for all Services completed in the immediately
preceding month. Interest at the annual rate of _ percent ( ' percent monthly) will be paid on the
total outstanding unpaid balance commencing 30 days after the Client has received the Consultant's
invoice.
3.3.2 Fees Calculated on a Percentage of Cost Basis
(a) Monthly Payment
.The Consultant shall submit an invoice to the Client for that part of the design of the Project
completed in the immediately preceding month calculated upon the basis of the Consultant's
estimate of the cost of that part of the Project, and, if the Client agrees with such estimate and
that such part has been completed, the Consultant will be paid the amount of the fee so
invoiced. Interest at the annual rate of percent ( percent monthly) will be paid on the
total outstanding unpaid balance commencing 30 days after the Client has received the
Consultants' invoice.
(b) On Award of Contract
Following the award of the contract for the construction of the Project, the Consultant shall
recalculate his fee on the basis of the tender quantities and prices on which the contract for the
construction of the Project was awarded, plus the estimated cost of materials and other services
supplied by the Client and upon such recalculation, the amount paid to the Consultant shall be
adjusted to equal the full amount of the recalculated fee including the repayment by the
Consultant of any overpayment made to the Consultant.
(c) Delay of Award of Contract
In the event the contract for construction of the Project is not awarded within months of the
acceptance of the Design by the Client the final fee for design shall be determined as in
paragraph (a) above, and paragraph (b) shall not apply.
Further services for the Project beyond the months will be undertaken on a time basis. .
(d) On Completion of the Work
Following Completion of the Work, the Consultant shall recalculate his fee on the basis of the
actual cost of the work and upon such recalculation the amount paid to the Consultant shall be
adjusted to equal the full amount of the recalculated fee including the repayment by the
Consultant of any overpayment to the Consultant.
3.3.3 Lump Sum Fee/Negotiated Fee
(a) Compensation
The Client will compensate the Consultant in accordance with the fees and charges for
services as set out in the proposal or as otherwise mutually agreed. All fees and charges will
be payable in Canadian funds unless noted otherwise. Invoices will be due and payable, as
presented and without hold backs, by the Client upon receipt. Interest on overdue accounts
will be charged at the rate of - % per annum.
i
MEA/CEO Client/Consultant Agreement for Municipal Works 2006
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SIGNED, SEALED AND DELIVERED
in the presence of. )
CONSULTANT
The signatory shall have the authority to bind the corporation or company for purposes of this agreement
(Signature)
(Name)
(Title)
THE CORPORATION OF
The signatory shall have the authority to bind the municipality or its agency for purposes of this agreement .
MAYOR/CHAIRMAN/REEVE/WARDEN
CLERK
MEA/CEO Client/Consultant Agreement for Municipal Works 2006