HomeMy WebLinkAboutBy-law 3063/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3063/89
Being a by-law to authorize the execution of an
Agreement between The Corporation of the Town
of Picketing and Simcoe Engineering Group Limit-
ed for the provision of professional engineering
consulting services respecting the PRIDE/
Community Improvement Plan for the Bayview
Street Rehabilitation Area.
WHEREAS pursuant to the provisions of section 30 of the Planning Act 1983, S.O.
1983, chapter 1, the Town has, with the approval of the Minister of Municipal Affairs
and the Ontario Municipal Board undertaken the implementation of an Ontario Program
for Renewal, Improvement, Development and Economic Revitalization in the Community
Improvement Project Area known as the Bayview Street Rehabilitation Area;
WHEREAS, pursuant to the provisions of sections 149(2)(t) and 208.45 of the
Municipal Act, R.S.O. 1980, chapter 302, a municipality may, without the approva] of
the Ontario Municipal Board, appoint such servants as may be necessary for the
purposes of the municipality or for carrying into effect the provisions of any
provincial statute;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in the
form attached hereto as Schedule A, between The Corporation of the Town of
Pickering and Simcoe Engineering Group Limited for the provision of profession-
al engineering consulting services respecting the implementation of the Ontario
Program for Renewal, Improvement, Development and Economic Revitalization in
the Community Improvement Project Area known as the Bayview Street Reha-
bilitation Area.
2. Schedule A hereto forms part of this By-law.
BY-LAW read a first, second and third time and finally passed this 20th day of
March, 1989.
TOWN OF /
PICKERING ~% '
APPROV[D ~, Bruce Taylor, Cl~rk
AS TO FORM
LEGAL DEPI.
Schedule A
I~OI~SSIONAL ~SULI~ SErVICeS
MKHORA_IqD~ OF A(mE~4XNT dated the d~y of
A.D. 19
THE CORPORATION OF THE TOWN OF PICKERING
Hereinafter called the 'Client'
THE PARTY OF THE FIRST PART
SIMCOE ENGINEERING GROUP LIMITED
Hereinafter called the 'Consultant'
THE PARTY OF THE SECOND PART
WHEREAS the Client intends to carry out preliminary
engineering for the design of works in the Town Of Picketing
as described herein
hereinafter called the 'Project' and has requested the Consultant to
furnish professional services in connection therewith;
NO~ THEREFORE WITNESSETH that in consideration of the covenants
contained herein, the Client and the Consultant mutually agree
as follows:
ARTICLE 1 - ~ENERAL CONI~T~ONS
1.O1
The Client hereby retain~ the services of ~he Cor~ultant
co~ec~ion w~h ~he P~oJec~ ~d ~e Co~ul~ hereby ag~ee~ ~o
provide the ae~ice. ~scribed herein ~der the general direction
and control of the Client.
~e project shall be described approximately as follows:
1) Reconstruction o~ ~he ~oadways ~o presen~ To~ of Picketing
s~an~ds, o~ equivalen~, as
on WacerpoinC S~. from Fron~ S~. ~o 100 m wes~
on Ba~iew SC. from Fron~ S~. ~o 1~0 m wes~
on Maple Ave. from Bro~ing Ave. ~o 60 m sou~h
on Simpson Ave. from ~ro~ing Ave. ~o 60 m sou:h
on Bro~ing Ave. from Fai~iew Ave. ~o S~. ~ar~ins Drive
on S~, HarCins Dr. from Bro~ing Ave. ~o 100 m north
2) Provide s~o~ d~ainage facilf~ies in ~he fo~ of sto~ sewers or
drainage ditches in the To~ of Picke:in~ as
on Wa~erpoinC S~. from Fron~ Sc. ~o 100 m wes~
on Ba~iew SC. from Fron~ S~. Co 150 m wes~
on ~aple Ave. from Bro~ing Ave. ~o ~0 m south
on Simpson Ave. from Bro~ing Ave. co 60 m south
on Bro~ing Ave. ~rom Fai~iew Ave. ~o S~. Martins Drive
on S~. ~ar~ins Dr. from Sro~ing Ave. ~o 100 m no~h
In :his Agreemen~ ~he word Consultant shall mean professionals
and ocher specialists engaged by ~he Clien~ directly and whose
n~es are par~y ~o :his Agreement,
~.02
~e se~ices Co be provided by ~he Consultant and by ~he Clien~
for the ProJec~ are se~ forth in Article 2 and such se~ices as
chan~ed, altered or added ~o under Section 1.08 are hereinafter
called ~he 'Se~ices'.
~.0~
~e Clien~ shall pay ~he Consultant in accordance wt~h ~he
provisions sec forth in Article 3.
Tho ConsulCinC shall uss current state o£ the &ri principles and
shall akllfully and coupetently perfor~ tbs Services 8~d shall
sup~iston of a s~nio~ me~ of the Co~ulc~t'a staff.
Sub, ncC Co Section 3.2.l of Article 3, drav~n~s and doc~enCs or
copies thereof requi~ed for the Prelect shall be exchanged
becveen ~he par~ies on a reciprocal basis. Dec.enos p~epared by
the Consultant for the Client may be used by ~he Client, for
Project here~n described, tncludin~ 'as built' records.
Client has o~ershlp of ~he dravin~s.
1.06 Patents
All concepts, products or processes produced by or resulcin~ from
the Semites rendered by ch~ Consultant ~n co.action rich
Project, or which are oChe~ise developed or iirs~ reduced
practice by cbs Consultant ~n the perfo~ance of his Se~ices,
and ~hich are patentable, capable of trademark or o~he~ise,
shall be and remain the proper~y of Cbs Consultant.
The Clien~ shall have pe~manen~ non-exclusive
license ~o ust any concept, pzoducC o~ p~ocass, ~hich
patentable, capable off ~ad~aa~k o~ o~he~ts~ p~oduced by
resulting f~ou the Services rendered by the Consultant in
connection ~ith the P~oJect and fo~ no other purpose or project.
L07
(a) In o~der to provide ~Ca for ~he calculation of fees on a
time basis, the Consultant shall keep a detailed record of
the hours ~orked by and salaries paid to his staff employed
for the Project,
(b) ~e Client amy inspect and audit the books, payrolls,
accounts and records of ~he 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 Consulter, vhen ~equ~stad by the Client, shall provide
copras of r~e~lp~s w~ r~spec~ ~o ~y d~sb~s~nC
~ch ~e Co~u~t~t c~ p~nt ~ th~s
any ~me a~er ~he execution o~ ~he A~reemen~ or ~he co~encemen~
o~ ~he ~e~cas ~e~e, ex,end, ~ncraase, va~ or o~he~se
the SedUces ~o~n~ ~he s~ect of the A~eemen~ a~d ~ such
action b7 ~he C[ien~ necessitates additional sta[ff or semites,
~he Consul~an~ shal~ be paid ~n accordance ~th Section 3.2.1 flor
such additional staffff employed d~rec~ly thereon, Cose~her
such expenses and disbursements as al~o~ed under Section
1.09 S~De~ion or TemiM~ion
~e Client may a~ any time by not[ce ~n ~r~t~ns to ~he Consultant
suspend or te~ina~e the Semites or any port,on thereoff aC any
stase off the under~ak~ns. Upon receipt o[ such ~en no,ice,
~he Consultan~ shall perEo~ no Eur~her Semites other ~han those
~easonably necessary to close out his SedUces. In such
event, ~he ConsulCan: shall be entitled to pa~enC in accordance
~[th Sec:ion 3.2.1 for any off the Consultant's staffff employed
directly thereon together ~ich such expenses and disbursements
alloyed unde~ Section 3.2.A.
~e Consultant shall indemnify and save ha~less the Client from
and a~ainst all claims, actions, losses, expenses, costs or
~a~es of ewe~ nature and kind whatsoever which the Client, his
employees, officers or a~ents may suffer as a result of the
negligence of the Consultant, his employees, officers or aEents
in the perfo~ance of this A~reement.
1.~1
a) Comprehensive General Liability and Automobile Insurance
The ~neurance Coverage abel1 be $2,000,000 for
liability and $2,000,000 fo~ auto=obile .insurance. ~hen
requested the Consultant shall provid* the Client vith proof
of Comprehensive General Liability and Automobile Insurance
(Inclu~ive Llaits) for both owned and non-owned vehicles.
b) Frofeesional Llabili~y Insurance
The Insurance Coverage shall be in the amount of
$1,000,000. ~h®n requested the Consultant shall provide to
the Client proof of Professional Liability Insurance carried
by the Consultant.
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
expenses as a disbursement allowed under Sec=ion 3.2.4.
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 (60) days after written
notice of such change or cancellations has been personally
delivered to the Client.
1.12 Contractin~ for Construction
Neither the Consultant nor any person, firm or corporation
associated or affiliated with or subs/diary 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.
Neither party may assign this Agreement without the prior consent
in writing of the other.
1o1& emns
This Agreement supersedes all previous agreements, arrangements
or understandings between the parties whether written or oral in
connection wlth or incidental to the Project.
Unless o~herwise provided in chis Agreement, ~here the work of
the Consultant is subject to the approval or review of an
aur. hori~y, depar~aent of goverr~ent, or agency other than ~he
Client, such applications for approval or review shall be the
responsibility of the Consultant, but shall be submitted through
~he offices of the Client and unless au~horized by the Client in
~itin~, 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 Princinals 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 Snecialized Services
The Consultant may engage others for specialized services
provided chat prior approval is obtained, in writing, from the
Client and may add a mark-up of no~ more than 5% of the cos~ of
such services to cover of£ice administration costs when claiming
reimbursement from the Client.
1.18 Insnection
The Client, or persons authorized by ~he Client, shall have ~he
right, at all reasonable times, to inspect or otherwise review
the Services performed, or bein~ performed, under the Project and
the premises where they are being performed.
1.19 ~
The Consultant agrees to obtain ~he consent in w~iting of the
Client before publishinS or issuing any informa~ion ~esardinS ~he
Project.
1.20 fimgi n tal si
The Consultan~ shall not divulge any confiden~ial information
communicated co or acquired by him, or disclosed by the Client in
the course of carrying ou~ the Services provided for herein. No
such information shall be used by the Consultant on any other
project without the approval in writing of the client.
X.2X
(a) Any dispute, dif£erence or dis,gres~ent between ~hs parties
hereto in relation to the Agreement may, wi~h the conssnt of
bo~h par~iea, be reie~zed ~o a~bi~ra~ion.
(b) ~o person shill be appointed Co ac~ as arbi~ra~or ~o
any way in~eres~ed, fi~nciall7 or o~hemise, in ~he conduct
o~ the work on the ProJec~ or in the business or o~her
affairs of either ~he Client or ~he Consultant.
(c) ~e award o~ ~he arbi~ra~or shall be final and binding upon
~he par~ies.
(d) The provisions of The Arbi~ra~ions Ac~, R.~.O., 1980,
Chapter 2~, as ~ended shall apply.
1.22
~e Consul~an~ shall perfo~ ~he Semites expedi~iously ~o mee~
~he requiremen~s of ~he Clien~ and shall complete any portion or
po~ions of ~be Semites in such orde~ as ~be Clien~ may require
and ~he Clien~ shall have ~he ~i~h~ ~o ~ake possession of and use
any completed o~ pad,tally completed po~tona of ~he Work
no~vi~hs~anding any provisions expressed or iaplied ~o
contrary.
~e Clien~ shall give due considera~ion ~o all desi~s, drawings,
plans, specifica~ions, reports, ~ende~s, proposals and o~her
InfomaCion submi~ed by ~he Consultant, and shall make any
decisions ~hich he is ~equi~ed ~o make in connection
vi~hin a reaso~ble ~ime so as no~ ~o delay ~he work o~
Consultant.
t.23 KsC~a. ~che~les a~dS~ff L~s~
1.23.1 ~evara~ion of EsCi~Ce of Fees. Schedule o~ Pro~ress
~en requested by the Client, the Consulcan~ shall within
four~een ~ys of the execution of this Agreement providt, for
approval by =he Clien=:
(a) An estimaCe of =he ~o~al fees ~o be paid for =he Semites.
prior aSreemont of the Client. The upset ll~t for the
project shall be as follows:
l~sign Brief ~10,000
D~sign ~60,000
(b) A Schedule showing an estimate of ths portion of ths
Services to be completed in each month and an esti~te of
the portion of the fee which will be payable for each such
month.
(c) A Staff list showing the number, classifications and salary
ranges of staff and/or hourly rate ranges for Principals and
Executives, for which the Consultant will seek payment on a
time basis. The Consultant shall relate such info~mation 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 Subseuuent Chan~es in the Estimate of Fees. Schedule of Pro,tess
The Consultant will require prior mitten 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 of progress which results in a
longer period than provided in Subsection 1.23.1(b).
(c) Any change in the number, classification and salary ranges
of the staff provided under Subsection 1.23.1(c).
1.23.3 HonthlvRevortina of Pro,tess
~hen 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.
p~oJecc:
a) ~repire a design brie~ seCcin~ ouC ~e ~enera~ ~s~
o~ ~e pro~ecC and conduc~ a p~c
b) Undertake necessa~ su~eys, prepare ~i~l ~s~, cost
metric work[nS drawinss, specifications and con~ract doc~en~s.
c) ~ke all necessa~ ap~lications and obtain app~ova~s [rom outside
authorities, ~nclud[nS ~eparation of documentation for a
Schedule A undertakin~ as defined [n th~ Class Env[ro~ental
Assessment for ~un[c[~al Road
d) Supply a set of or[~[nal drawings.
For ~he purpose of this Agreement, the follovtng definitions
shall apply:
Payroll Cost is defined as hourly salary plus payroll
burden.
The following £ormula shall be used' to calculate the hourly
salary for billing purposes. Salary per hour equals:
Hours Per Week x 52 x .85
ii) Payroll burden equals £ringe benefits expressed as a
percentage of salary that provides for health and medical
insurance, group liffe and disability insurance, company and
Canada pension employer contributions, 4~~r~
Compensation and Unemployment Insurance, but excludes
bonuses or profit sharing. For the purposes o£ this
agreement payroll burden is I~.~p~G~4.
i) The ~cost o[ 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 fo~ which the Consultant prepares designs,
drawings or specifications, flor which he is responsible.
Where sales taxes are not included in the cost of the york,
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%).
ti) Wherever the Client furnishes labour or any o~her 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) tlhenev~r u~ed ~atsrial or squip~nt is furnished by or on
behalf of r. he Client, the fair market value of such material
or equip~n~, as ~o~ lc vas purchased new, shall be
~o co~u~e the Cos~ of the ~ork.
iv) In co~ut~ ~hs Cos2 of the ~o~k, no dsduct/o~ shall
~de on acco~ of any pe~lC[es or ~--$es claud by
Client fro~ any con~rac~or or on acco~ off any ocher s~
vichheld fro~ any contractor.
v) ~e Cos~ of the ~ork shall not. include any fees and
disburse~en~s due to ~he Consultant, the Client's
en~ineerin~ and office expenses, or cost of land.
it)
Site includes the actual work site and other locations where
the checkinE of materials, equipment and wor~anship
carried out.
3.2.1 Fees Calculated on a T~ Basis
3.2.1.1 ~e Client shall pay the Consultant a fee, calculated on a
basis, for that parc of the Semites described in Article
Fees on a time basis shall be as follows:
(a) Principals and Executives on no~al assi~ents $85.60 per
hour. ~is rate will be reviewed a~ually and adjusted
accordin~ly,
(b) Staff on no~al assi~ents - Pa~oll Cost plus 150% on the
firs= $5,000 of payroll cost for each project and then
Payroll Cost pl~ 100% on the balance,
(c) Principals, Executives and staff renderins individual
services on assi~nments for which they are eminently
qualified and for which they require little or no assistance
includin~ providin~ expert testimony and attendance at
hearings or courts...50% more than the rates specified
above. ~is premi~ shall hoc be char~ed in addition =o the
hisher mark-up on the first $5,000 of Payroll Cost,
(d) Scaf£ on Special Services - Payroll Cost pltm l&0%. This
re£ers Co services of technical scaf£which are of a short
ter~ and intermittent nature; such services include
~eotschnical en~ineerin~, ~aterials in~psction and testing,
· oni~oringservices and ocher apecialized~rk,
(e) Se~ices~ring Co~ccion
i) For all services, excep~ for staff full-time
continuously on site:
Principals and Executives
on no~al assig~en~s ............... ~85.~0 per hour.
This ra~e will be reviewed annually and adjusted
accordingly.
O~her Staffff: Payroll Cost plus 100~.
ii) For site s~a[~ working ~u[1 ~[me con~inuously..,Pay~oll
Cost plus ~0~, All o~her staff~ shall be cha~ged as in
i) above.
iii) ~en the Consultant is retained to provide se~ices
durin~ construction on work not designed by him,
...Payroll Gosts plus 100%.
All time expende~ on the assi~ent, whether in the Gonsultant's
office, at the Client's premises, or else~ere, and includin~
travel time, shall be chargeable. ~is also includes, but is not
limited to, steno~raphic and clerical s~aff en~a~ed in the
preparation of doc~ents such as reports, and specifications.
3.2.2 Fees ~alculate4 on a Percentage ef ~ost ~sis
~omputer se~ices, except where a computer is used for design
under the percentage fee scale or for the Consultant's no~al
office administration, shall be considered a reimbursable
expense.
3.2.4 bl--k.,-.mble
~n addition co c.he fas, oho ConlulCa~c ~l~ll bo g~aed
Co~C pl~ ~ a~inl~CraC~ve charge of 5% for all e~e~e~
properly ~ncu=re~ by him in conneccion wich che
incl~i~ ~= hoc l~ice~ co: vehicle ~e charges. Cravellin6
an~ livin~ expenses, long distance Celephome c~g8es, =ele~e
and teles~aph cha~ges, p~lntin8 and ~ep~oductions,
photography, advert~sin~ ~o~ tenders, special delivery and
express cha~gea, overtime p~emium costs, and
providing and ~nta[ning site o[~ces, supplies and equipment,
approved special consultations, subsurfface investigations, legal
su~eys, chemical and physical tests.
3.3.1 Fees Calculated O~ · T~e Basis
~e Consul~an~ shall submi~ an invoice ~o the Client flor all
se~ices completed in the i~ediacely preceding month. Interest
at ~he annual ra~e off ~ percen~ will be paid on ~he total
outstanding unpaid balance co~encing 30 days aider ~he Client
has received the Consultants' invoice.
SXCHKD, SEAT~ AND DEI~vK~D
)
)
in the presence of')
THB CORPORATION OF TI~ TO~N OF PICI~RII~