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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; (ii) trfiftEu?afj?a?t??e?Rt'jl??rt??fA'irrfi511?Q?'?t'?)????4f4«{?3?v1???}(i?1?4?,??ff??1Nf??4r?4f????t??J(?? (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. 0 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: d1 fafd,6dr4dd`?ofkdkkde4t?sislp4blde?}S/ittddrle?l/b?IfiMihkbAd?ibd/?At??+l?kl??9't 0011!4111bhw?v ?l?i?Nld IwJ I r Fla l? f7 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.