HomeMy WebLinkAboutBy-law 827/78THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 827/78
Being a By-law to authorize the execution
of an Engineering Agreement between the
Corporation of the Town of Pickering and
Marshall, Macklin, Monaghan Limited respecting
the relocation of the Pickering Museum from
Brougham to Greenwood.
WHEREAS the Corporation of the Town of Pickering has retained
Marshall, Macklin, Monaghan Limited as engineers to perform
certain services respecting the relocation of the Pickering
Museum from Brougham to Greenwood;
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 Engineering Agreement in the form
attached hereto as Schedule "A" between the
Corporation of the Town of Pickering and
Marshall, Macklin, Monaghan Limited respecting
engineering services relating to the re-
location of the Pickering Museum from Brougham
to Greenwood.
BY-LAW read a first, second and third time and finally passed
this 5th day of
I TOWN OF I
PICKERING
APPROVED
AS TO FORD
June , 1978.
1_EGA.L 0 S ..
Project-
Relocation of Pickering Museum
Client:
Town of Pickering
Recommended Form of
Agreement Between
Client and Engineer for
Professional Engineering
Services
Published by:
THE ASSOCIATION OF PROFESSIONAL
ENGINEERS OF THE PROVINCE OF ONTARIO
Toronto, Ontario.
1977
24/11-77/5M
RECOMMENDED FORM OF AGREEMENT BETWEEN CLIENT AND ENGINEER
FOR PROFESSIONAL ENGINEERING SERVICES
APPROVED BY THE COUNCIL OF THE ASSOCIATION OF
PROFESSIONAL ENGINEERS OF ONTARIO
AGREEMENT made in duplicate this day of 19
BETWEEN: THE TOWN OF PICKERING
1710 Kingston Road
Pickering, Ontario
L1V 1C7
hereinafter referred to as the "Client
and MARSHALL MACKLIN MONAGHAN LIMITED
275 Duncan Mill Road
Don Mills, Ontario
M3B 2Y1
hereinafter referred to as the "Engineer".
WHEREAS the Client has requested the Engineer to perform the services set out in Article II hereof in connec-
tion with the Project (as hereinafter defined) and the Engineer has agreed to perform such services on and
subject to the terms and conditions of this Agreement;
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, the Client and the Engi-
neer agree as follows:
Article 1 - DEFINITIONS:
The terms defined in this Article 1 shall for all purposes of this Agreement have the meanings herein specified
unless the context otherwise specifies or requires:
I . "Association" shall mean the Association of Professional Engineers of the Province of Ontario;
2. "Pro?ject" shall mean:
THE RELOCATION OF THE PICKERING MUSEUM
3. "Cost of the Work" shall mean the total cost to the Client of the Project, including all materials, equip-
ment, labour and contractors' overhead and profit, provided that:
(i) if sales taxes are not included in the Cost of the Work, the percentage fee provided for herein shall be
adjusted upwards to the nearest 1/10th of 1% by a factor equivalent to what the sales taxes would
have been;
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(iii) labour or other services furnished by the Client shall be included at current market prices;
(iv) no deductions shall be made on account of any penalties or damages claimed by the Client from any
contractor, or on account or any other sum withheld from any contractor; and
(v) any fees and disbursements paid or due to the Engineer, the Client's own engineering liaison costs,
legal costs, and land costs, shall not be included.
4. "Payroll Cost" shall mean the salary and/or wages of the employees of the Engineer engaged in perform-
ing services for the Project plus fringe benefits. Fringe benefits, may be expressed as a percentage of the
salary and/or wages and may include but not be limited to such benefits as statutory holidays, vacations
with pay, sick time allowance, hospitalization, medical and other health insurance, group life and disabi-
lity insurance, pension plans including the Canada Pension Plan, Workmen's Compensation and unemploy-
ment insurance where applicable. Bonus or profit sharing plans shall not be included.
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Article II - ENGINEERING SERVICES:
The Engineer droll perform the following services in connection with the Project:
See Schedule 1, Part II - General Approach (attached)
3.
Article III - FEES:
The Client shall pay to the Engineer the following fees for the performance of the services set out in Article 11
hereof:
The Engineer's fee will be 11.5% of cost of construction, estimated at
$478,000.00, or $54,970.00. This fee includes all normal disbursements
such as printing, travel, etc. It does not include an allowance for
soils tests, topographic mapping, flood plain mapping, or surveying
control as the requirements for this work are not clear at this time.
4.
Article IV - EXPENSES AND DISBURSEMENTS:
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2. The Engineer shall also be reimbursed at cost plus a charge of 0 % of such cost as an administrative
charge for approved special consultations such as sub-surface investigations, legal surveys and chemical and
physical tests.
Article V - PAYMENT OF FEES AND EXPENSES:
I. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is
calculated on a Time Basis shall be made within 30 days after the Engineer has forwarded to the Client his
statement of account, rendered monthly.
2. Payment of fees and reimbursable expenses for services performed by the Engineer for which the fee is
calculated on a Percentage of Cost of the Work shall be made within 30 days after the Engineer has
forwarded to the Client his statement of account. The monthly fee shall be based upon the Engineer's
monthly progress estimate pro-rated on the basis of the amount of design work completed, applied against
agreed estimated construction costs. If the design of any part of the Project has been completed but
tenders for the work have not been called, the fee then due to the Engineer shall either be calculated on a
time basis or on the Engineer's estimates of the Cost of the Work, at the option of the Engineer. If subse-
quently tenders are called and received, or the Cost of the Work is ascertained within one year of the
completion of the design, then the Engineer's fee shall be adjusted accordingly.
Article VI - GENERAL TERMS AND CONDITIONS:
1. Co-operation
(a) The Client shall give due consideration to all designs, drawings, plans, specifications, reports, tenders,
proposals, and other information provided by the Engineer, and shall make any decisions which he is
required to make in connection therewith within a reasonable time so as not to delay the work of the
Engineer.
(b) The Client shall, at the request of the Erpineer, provide the Engineer with the following information
and documents relating thereto, except insofar as the Engineer is expressly required to furnish the
same under the terms hereof:
(i) all pertinent information which may affect the work to be done, including a correct survey of the
site and existing facilities and utilities;
(ii) accurate information, plans, and specifications regarding any other existing or prope ' ',uildings
or works which are involved, and insofar as such information is not available, the cost of obtain-
ing the same shall be borne by the Client;
(iii) copies of all bids and contracts for the work for which the Engineer is responsible and copies of
all quotations, certificates for payment, and final accounts in connection with work in?u?ar as
they do not originate in the Engineer's office.
2. Plans, Specifications and Designs
Any and all plans, specifications, drawings and designs furnished by the Engineer will be prepared on the
assumption that all information supplied by the Client or on behalf of the Client by any person or persons
other than the Engineer is correct, and the Engineer shall not be liable for any loss or damage arising fron,
any inaccuracy in such information. The Client shall immediately notify the Engineer of any discrepancies
or inaccuracies in such information as they become apparent. The Engineer shall be entitled to make any
necessary change or changes in his plans, specifications, drawings, or designs at the Client's expense if an,
such information should be erroneous or inaccurate.
3. Compensation for Extra Work and Changes
if it shall become necessary for the Engineer to make any changes in any designs, drawings, plans or
specifications for any part of the Project for reasons over which he has no control, or if the Engineer is
put to any extra work, cost or expense by reason of any act or matter over which he has no control, the
Client shall pay to the Engineer a fee for such changes or extra work calculated on a time basis; provided
that prior to the commencement of such changes or extra work the Engineer shall notify the Client in
writing of his intentions to make such changes or to carry out such extra work and that the Engineer shall
keep separate costs records in respect to such changes or extra work.
4. Fee for Additional and Special Services
The fee for Additional and Special Services provided by the Engineer, if any, shall be calculated on a time
basis unless specifically provided for in the percentage fee for other services provided for herein. (Addi-
tional and Special Services, if any, and the corresponding fees payable, shall be clearly itemized under
Article 11 and III respectively, heretofore).
5. Abandonment or Suspension
(a) If the Project or any part thereof is abandoned at any stage prior to completion of the design, or if
any stage of the Engineer's work is unduly delayed for reasons beyond his control, the Client shall
pay to the Engineer a fee for his services from the inception of the work calculated on a time basis.
(b) If the Project or any part thereof is abandoned at any stage subsequent to the completion of the
design, or if any stage of the Engineer's work is unduly delayed for reasons beyond his control, the
Client shall pay to the Engineer the fee for his services from inception of the work to the completion
of design as provided in this Agreement, and shall pay to the Engineer a fee for his services subse-
quent to the completion of design calculated on a time basis.
6. Ownership of Documents
All plans, drawings, specifications, designs, construction data, and documents prepared by the Engineer
shall be and remain the property of the Engineer. The Client shall be entitled to a copy of such documents
for record purposes only, and shall not use or permit the use thereof for the construction of any other
project without the consent of the Engineer.
7. Constructional Emergencies
In the event of any constructional emergency which in the opinion of the Engineer requires immediate
action in the Client's interests, the Engineer shall have authority to issue such orders and to take such
steps on behalf, and at the expense, of the Client as he shall deem necessary or expedient.
8. Confidential Data
The Engineer shall not divulge any confidential information communicated to or acquired by him in the
course of carrying out the engineering services provided for herein. No such information shall be used by
the Engineer on any other project without the approval of the Client.
9. Arbitration
(a) All matters in difference between the parties hereto in relation to this Agreement shall be referred to
arbitration.
(b) No person shall be appointed to act as arbitrator who is in any way interested, financially or other-
wise, in the conduct of the work on the Project or in the business or other affairs of either the Client
or the Engineer.
(c) The award of the arbitrator shall be final and binding upon the parties.
(d) the provisions of The Arbitrations Act, R.S.O., 1970, Chapter 25, shall apply to the arbitration.
Article VII - SUCCESSORS AND ASSIGNMENT
1. This Agreement shall enure to the benefit of, and be binding upon, the parties hereto, and except as
hereinafter otherwise provided, the executors, administrators, successors and assigns.
2. If the Engineer is an individual and dies before his services hereunder have been completed, this Agree-
ment shall automatically terminate as of the date of his death and the Client shall pay for the services
rendered and disbursements made to the date of such termination.
6.
3. If the Engineer is an individual and is unable to satisfactorily perform his services hereunder due to physi-
cal or mental incapacity for a period of 15 consecutive days or for the aggregate of 20 days in any 2
month period the Client may terminate this Agreement on 48 hours notice to the Engineer and shall pay
for the services rendered and disbursements made to the date of such termination.
4. If a party to this Agreement who is an individual should desire to bring in a partner or partners, or if a
party which is a partnership should desire to bring in a new partner or partners to share the benefit and
burden of this Agreement, he or it may do so but shall promptly notify the other party of such action.
5. Except as aforesaid neither party shall assign this Agreement without the consent in writing of the other.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first above appearing.
TOWN OF PICKERING
7.
SCHEDULE I
II CF.VER.-1L APPROACH
The approach developed for the relocation of the Pickering Museum is
a logical, systematic process commencing with the evaluation of the
Greenwood site through to contract administration services. The work
program,n,e outlined in the following is divided into five parts, namely:
Pre-design
Conceptual Plan and Programme Refine-,ent
Working Drawings, Specifications and Tender Documents
Tender Call
Contract Administration and Field Services
This assignment will be undertaken by fully-qualified, experienced staff
including municipal, transportation, and structural engineers, landscape
architects, architects, and environ*:eptal pla-v:ers.
2.1 Bork Programme
We have outlined below some design functions to be undertaken during the
work programme to give some indication of the extent of services we feel
are necessary to realize the Town's objectives.
2.2 Part I - Pre-desimu
Meet with client, concerned interest groups, arc' controlling agercies to
discuss in a general manner the expectations and development undertaking
(Conservation Authority, EIydro, Region, Health, Historical Board).
. Define limits of the site and clarify- scope of i:ork with aid of client.
. Develop design and construction schedule to reflect availability of funds.
Conduct inventory of site conditions and suy_ort services (mapping,
surface soils, drainage, vegetation, topoara_ _.:, flood line).
. Identify design constraints (zoning, plarnir.-) and environmental concerns.
Assess feasibility of moving all structures, identifying any specific
concerns.
Identify government assistance progra^res and determine their application
to the undertaking.
Analyze site conditions determining any L-.pact on unique features and
discussing tolerance of the site to developmert.
Review the previously determined development ther..e with regard to site
conditions.
Develop programme objectives and guidelines.
Determine, with the aid of client, levels of c_storical authenticity to
be maintained.
Deternine need for buildings to be upgraded to ,:eet present codes (fire,
safety), as the buildings are for public use.
Assess suitability of Greenwood site to reet cverall development objectives
of the Musew^.
Develop preliminary construction budget and test against client's present
cost estimates to assess economic feasibility- of relocation.
At the co;!rpletion of this phase of the work, a brief report will be presented
to the Ton of Pickering for consideration and review prior to proceeding
t;ith the corlceptrLal planning as outlined in Part II.
2.3 Part II - Conceptual Plan and Prour«-?e Refiner-
-c-Determine, with the Ta,n of Pickering, Nliseuri prograr e and define
visitor requirements (capacities, operational hours, seasons, staffing,
etc.).
Explore optional methods of imple-eating the "ti,:.e theme" as previously
proposed and adopted,
Develop conceptual site plans that graphically illustrate and locate
all buildings, theme areas, pedestrian corridors, surface treatment,
utility corridors, access/egress points, parking areas, and other
support facilities.
Conceptual site plan will reflect the project.
Develop schedule of priorities for all facilities.
. Refine previous development cost estirates and design budgets.
Assist the Torn of Pickering in obtair_ing appropriate federal and
provincial grants.
Present refined conceptual plans and progra:,..es to the various regula-
tory agencies for review, cot-7,ent, and zppro•:a'_.
Develop a master plan incorporating the above co=eats vhich will
facilitate future expansion as required.
We would propose to present this master plan to the To :n of Pickering
along with a list of construction priorities and a detailed estimate of
capital costs for budgeting purposes prior to proceeding with the detailed
design phase.
2.4 Part III - l%,orking Drawin%:s, Specifications, anc' Tender Lrcuments
Obtain basic inventory of existing buildings with respect to dir..ensions,
configuration, and structural condition in order to establish the exten-
sive modification required to comply with previously detemined levels
of safety. This information will also be used to ensure compatibility
of new fomdations and site plans.
Detailed design draa:ings will be produced un<3er the follawing categories:
Site plans
Landscape plans (grading, planting, surface treatment)
Site services and utility plans
Existing buildings (foundation and Upgrading)
New buildings and structures
Signago and graphics
Environmantal mitigation plans
. Technical specifications will be developed to support the above.
Tender dCCLOen Still be developed to support tie above in accordance
with rruaicipal procedures.
Sub:lissions will be rade to the provincial re.711ilator;- bodies for approval.
We anticipate at this time that V.-O major tep.3er calls rill be required;
the first contract being for landscaping and site se n-ices, the second
being for building foundations and relocation.
2.5 Part IF - Tender Call
. Tenders will be called in accordance with r..?nicipal procedures.
Contract documents till be developed for execution b} all parties.
Tenders ti-rill be elal.i ted v.ith reco=endations submitted to the To„n
of Pickering.
Tenders will be revic::ed with respect to budget constraints and construc-
tion schedules.
2.6 Part V - Contract Ad:u_iistration and Field Services
Inter-contract coordination, revie., and approval of progress payments,
issuing of change orders and issuing of certificates of co.-tTletion.
Field service to include periodic site visits during construction.
. On-site testing and inspection of raterials.
Attendance at job r.:eetings.
Draws g and specification interpretation.
. Final inspection repDrt.