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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~