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HomeMy WebLinkAbout82-122 . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82-122 being a by-law to authorize the entering into of an Agreement with the firm of Totten, Sims, Hubicki Associates ( 1 981) Li mited . The Council of the Corporation of the Town of Newcastle ENACTS AS FOLLOWS: 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement with the firm of Totten, Sims, Hubicki Assoc~ates, (1981) Limited for consulting services in respect of the design of the King Street Connecting Link in the former Village of Newcastle, dated the 20th day of September 1982, in the form attached hereto as Schedule "X". 2. That Schedule "X" attached hereto forms part of this by-law. BY-LAW read a first time this 20th day of September, 1982 BY-LAW read a second time this 20th day of September, 1982 BY-LAW read a third time and finally passed this 20th day of September, 1982. ~~ G. B. Rickard, Mayor L~~ D.~ . Oakes, Clerk I File NO'uuI~:.u~uJQLu..mu.m I --- . . "'. e . e . , ' l BYI'WN~~..iJ=I~~.1 TIME BASIS J :. OB-MR-163 , R}:VISED y~y 1978 AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF ROAD AND BRIDGES MEMORANDUM OF AGREEMENT dated the 19th day of August A.D. 19 82 BETWEEN The Corporation of the Town of Newcastle, 40 Temperance Street, Bowmanvi11e, Ontarioy L1C 3A6 hereinafter called. the "Client" -AND- Totten Sims Hubicki Associates (1981) Limited, lA King Street East, - P.O. Box 398, Cobourg, Ontario, K9A 4L1 here.inaft-er called' the "Consultant" WHEREAS the Client intends to construct Provincial Connecting Link K.H. #2, King Street (Baldwin Street to 200 metres east of Beaver Street), Newcastle. Approximate length - 530 metres. Construction shall consist of grading, granular, storm sewers, curb/gutters, hot-mix paving, sidewalks and traffic signal upgrading. hereinafter called the "Project" and has requested the Consultant to furnish professional services in connection therewith; NOW THEREFORE h~TNESSETH that in consideration of the mutual premises and covenants contained herein, the Client and the Consultant mutually agree as follows: e . e . OB-MR-163 REVISED HAY 1978 -2- ARTICLE 1 - GENERAL CONDITIONS 1.1 Retainer The Client hereby retains the services of the Consultant in connection with the Project and the Consultant hereby agrees to provide the engineering services described herein under the general direction and control of the Client. 1.2 Services The design 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 Sections 1.8 and 1.9 are hereinafter called the "Work". 1.3 Compensation The Client shall pay the Consultant in accordance with the provisions set forth in Article 3. 1.4 Staff and Methods The Consultant shall use the best available methods in performing the Work and shall employ only skilled and competent staff thereon who will be under the supervision of a senior member of the Consultant's staff. 1.5 Drawings and Documents Subject to clause (e) of Section 3.3 drawings and documents or copies thereof required for the Work shall be exchanged between the parties on a reciprocal basis, and those prepared by the Consultant for the Client shall be the property of the Client free of all claims by the Consultant of any nature and kind whatsoever. 1.6 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, and salaries paid to his staff, employed on the Work. (b) The Client may inspect and audit the books, payrolls, accounts and records of the Consultant at any time 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 in respect to any disbursement for which the Consultant claims payment under this Agreement. 1.7 Estimate of Fees, Schedule of Progress, Principals and Executive Engineers and Staff List 1.7.1 Preparation of Estimate of Fees, Schedule of Progress and Staff List The Consultant, within fourteen days of the execution of this agreement, shall provide: . e . e . OB-MR-163 ~ISED HAY 1978 1.7.2 1.7.3 1. 7.4 1.8 ..3- (a) An estimate of the total fees to be paid for the Work. (b) A schedule showing the portion of the Work to be completed in each month. (c) A staff list showing the number, classifications and salary range of staff, 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 Work. Upon approval of such staff list, by the Client, the staff of the Consultant shall be employed on the Work in accordance with such staff list. Approval of Estimate of Fees, Schedule of Progress and Staff List The Consultant shall not receive any payment of fees until approval, in writing, is issued by the Client, for the above estimate of fees, schedule of progress and staff list. Subsequent Changes in the Estimate of Fees, Schedule of Progress and Staff List The Consultant will require prior approval, in writing, by the Client for any of the following changes: (a) Any increase in the estimated fees beyond those approved under Subsection 1.7.2. (b) Any change in the schedule of progress which results in a longer design period than approved in Subsection 1.7.2. MOnthly Reporting of Progress The Consultant shall provide the Client with a monthly written report showing the portion of the Work completed in the preceding month. Changes and Alterations The Client may in writing and at any time before or after the execution of this Agreement or the commencement of the design of the Work, delete, extend, increase, vary or otherwise alter the design of the Work forming the subject of this Agreement, and if such action by the Client necessitates additional staff or work, the Consultant shall be paid in accordance with Section 3.2 for such additional staff employed directly thereon, together with such expenses and disbursements as allowed under Section 3.3. 1.9 Additional Services The Client may require the Consultant to perform services in addition to those required in Section 2.1 and in such cases the Client shall pay to the Consultant in accordance with Section 3.2 for any of the Consultant's staff employed directly upon such additional service, together with such expenses and disbursements allowed under Section 3.3. e . e . 03-MR,-l63 RL-VISED ~~y 1978 1.10 1.11 1.12 1.13 1.14 1..15 . ' 1..16 -4- Suspension or Termination The Client may at any time by notice in writing to the Consultant, suspend or terminate the Work or any portion thereof at any stage of the undertaking and the Consultant shall thereupon 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 3.3. Damages 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 as a result of the negligence of the Consultant, his employees, officers or agents in the performance of this Agreement. Contracting for Construction Neither the Consultant nor any associated, affiliated or subsidiary person, firm or corporation shall tender for the construction of the Project, or have an interest either directly or indirectly in the construction of the Project. Assignment .. This Agreement or any portion thereof shall not be assigned or sublet without the consent in writing of the Client. 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 or the execution of the design thereof. Approval by Other Authorities h~ere the design of the Project is subject to the approval of an authority, department of government or agency other than the Client, such approval shall be obtained through the offices of the Client and unless authorized by the Client in writing, such approval shall not be obtained by direct contact by the Consultant with such other authority, department of government or agency. Time The Consultant shall perform the Work expeditiously to meet the requirements of the Client and shall complete any portion or portions of the Work in such order as the Client may require and the Client shall have the right to take possession of and use any completed or partially completed portions of the Work notwithstariding any provisions expressed or implied to the contrary and in any event, the Consultant shall execute the Work and deliver to the Client the completed drawings and documents required for the Project on or before the 28th day of February A.D. 19 83 e . e . OB-MR-163 .REVISED MAY 1978 -5- 1.17 Principals and Executive Engineers The use of principals and executive engineers, on a time basis during the course of design by the Consultant, will be subject to approval, in writing, by the Client prior to performing the Work. 1.18 Specialized Services The Consultant may engage others for specialized services provided that prior approval is obtained, in writing, from the Client and may add a mark-up of not more than 3% of the cost of such services to cover office administration costs when claiming reimbursement from the Client. 1.19 Inspection 1.20 1.21 The Client or persons authorized by the Client, shall have the right at all reasonable times to inspect or otherwise review the Work performed or being performed, under the Project and the premises where it is being performed. Publication The Consultant agrees to obtain the consent of the Client before publishing or issuing any account of the Project. Patents (1) The Consultant shall make a prompt written disclosure of any patentable invention, improvement or discovery conceived or first actually reduced to practice in the performance of t~e Project and shall submit separately, or as part of the final report on the Project, a complete list of all such inventions, improvements and discoveries, including those previously disclosed. (2) Subject to item 3 (below) any patentable rights or other rights in any invention, improvement or discovery conceived or actually reduced to practice in the performance of the Project, shall be the property of the Consultant. (3) The Consultant, upon request in writing, shall grant to the Client, for itself, the Province or any other municipality in Ontario, pursuant to any statute of the Province an irrevocable, non-exclusive, royalty-free licence to practise any invention, improvement or discovery conceived or actually reduced to practice, in the performance of the Project, in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method, but such licence shall not include the right to sub-license. e . e . OB-MR-163 .REVISED MAY 1978 -6- ARTICLE 2 - ENGINEERING SERVICES 2.1 Consultant's Services for Detailed Design The services to be provided by the Consultant in the execution of the design of the Project shall include: (a) Engineering expertise required for the analysis of all aspects of the design. (b) The preparation and submission to the Client of a field inspection report setting out the salient engineering features of the Work, and the engineer's proposed design methods in consideration of these features. (c) Preliminary site investigation to inspect the topographical features and to obtain information which will facilitate the choice of the most suitable structure or structures. (d) Preparation of preliminary sketch plans and quantity estimates of alternative designs which shall be submitted to the Client for consideration and approval before proceeding with the actual detailed design of the Project. (e) Field survey work required after the design criteria and functional alignment have been established, which shall include all survey work necessary for the estimating of 'quantities, the detailed setting of alignment and grade to fit controlling natural and artificial topographic and underground features, the design of culverts, ditches, drains and storm ,sewers and the positioning of all appurtenances associated with the construction of the Project. (f) Drainage studies and the preparation of detailed design drawings and specifications for culverts and all ~ecessary drainage works. (g) A preliminary sketch plan showing the principal features and geometries of any proposed structure or structures, which shall be submitted in duplicate to the Client for his approval before final detailed drawings are begun. (h) Investigation and confirmation of the present location of all above ground utilities, updating of the Client's plans and profiles to show the present location and the proposed location, and preparation of add~tional drawi~gs required for alternative utility relocation as required by the,Client subJect to clause (g) of Section 2.2. (i) The preparation and submission of preliminary drawings, investigations, and recommendations to the Client, on such alternatives or modifications to the Project that the Consultant in his professional judgement, deems advantageous to the Client. (j) The preparation of engineering plans showing any lands or interests in land required for the Project. e . e . OB-MR-163 REVISED MAY 1978 -7- (k) Advising the Client of the need to seek permission to enter private lands for investigation purposes. (1) Participation in a reasonable number of meetings for informative, negotiative or presentative purposes with the Client in connection with the services provided under this Agreement, after the establishment of the design criteria and functional alignment. (m) The preparation of contract documents for the Project including the detailed construction drawings, tender quantity forms, material lists, specifications and information to bidders. (n) The preparation of detailed quantity and cost estimates, sundry, engineering and materials. Go) The provision of six complete sets of tendering documents and one complete set of reproducible drawings for the project. (p) Advice, consultation and assistance to the Client in the advertising, receiving and evaluation of bids, and awarding of a contract for construction. (q) The preparation of reinforcing steel bar lists for structures. (r) Where directed by the Client, in writing, review, checking and approval of the shop drawings submitted by the construction contractor to ensure they conform with the design requirements and contract documents where the design includes st~uctural steel or prefabricated members. (s) Incorporation, into the contract document package of design drawings and specifications of work designed by others, when required. 2.2 Client's Services for Detailed Design ihe Client shall provide the Consultant with the following services, notwithstanding that, should the Client be unable to provide any of the services hereunder, services under (a) may be assigned to the Consultant under a "Preliminary Design Services Agreement", and other services herein under Section 1.9. (a) Design criteria establishing the type of roadway, number of lanes, design speed, minimum sight distance, maximum grade and maximum curvature and the desirable dimensional arrangement of pavements, medians, shoulders, rights-of- way, intersections, auxiliary turning lanes, bus bays and entrances. (b) Access to and, where necessary, copies of existing plans, profiles or other topographic information showing or pertaining to existing conditions within the Project area. (c) Registered land plans, legal documents and surveys, where necessary, defining the property limits of existing rights-of-way and other parcels of land affected by the Project, and as required in the acquisition of property and lands for the Project. e . e . . 03-MR-153 ~-;IS=::D y.!.y 1978 -8- Cd) Specimen contract documents for the guidance of the Consultant in the design of the Project to the standards required by the Client. (e) General direction of the Consultant in the provision of the services. (f) Soils, foundation and hydrological reports for bridges, where required, for the proper engineering design of the proj ect. (g) Any information regarding utilities necessary for the preparation of the plans referred to in Section 2.1 in the possession of the Client. (h) Obtaining written permission where mutually agreed upon to enter private lands for investigation purposes. ARTICLE 3 - FEES AND DISBURSEMENTS 3.1 Definitions For the purpose of this Agreement, the following definitions shall apply: (a) Fee Calculated on a Time Basis: The fee calculated on the basis of time means that the fee shall be calculated as set out in Section 3.2 herein. (b) Payroll. Cost: Payroll cost means salary plus provision for statutory holidays, vacations with pay, unemployment insurance, workmen's compensation, health and medical insurance, group insurance, pension plan and sick time allowance where such benefits are paid by the Consultant, but will not include any bonus or profit sharing system~ . 3;2 Basis of Payment 3.2.1 Fees Calculated on a Time Basis the Client shall pay the Consultant a design fee, calculated on a time basis, for that part of the Work described in Section 2.1. Fees on a time basis shall be the sum of: N/A - (a) Principals, executive engineers /hour (b) Consultant's staff, except principals and executive engineers, while employed directly on that part of the Work for which the fee is payable. payroll cost X2.0 3.2.2 Payment The Consultant shall submit a monthly invoice to the Client for any fee calculated on a time basis for that part of the Work completed during the immediately preceding month. Payment shall b~ made by the Client within thirty days upon receipt of the invoice. . - e . e . OB-MR-163 ~ISED MAY 1978 3.2.3 3.2.4 3.2.5 3.3 -9- Records Where Fee Calculated on Time Basis Where the Consultant is to be paid a fee calculated on a time basis for any part of the Work, no part of such fee shall be based upon any hours of Work that have not been recorded as required by Section 1.6 or upon any salary other than those salaries approved under Subsection 1.7.1. Overtime Premium Overtime shall be paid, following approval of the Client in advance of the overtime hours being worked and only for the advancement of the date of completion of the Work identified in Section 1.16. Premiums being paid will be in accordance with The Ontario Employment Standards Act and will be paid as a disbursement. Compensation for Idled Staff Where the Client, under Section 1.10, suspends or terminates the whole or any part of the Work and the Client is of the opinion that, by reason of such suspension or termination, any person on the Consultant's staff who, but for the suspension or termination, would have been employed directly on the Work, cannot be usefully employed during any time within the sixty-day period immediately following such suspension or termination, the Consultant shall be paid 150% of his payroll costs for such person, for such time, up to a maximum of thirty days per person. Disbursements The Client shall reimburse the Consultant for the following: (a) Toll charges paid by the Consultant for long distance telephone calls, telegraph messages and similar telecommunications in connection with the Work. (b) Amounts paid by the Consultant for reasonable out-of- town living and travelling expenses of the Consultant's personnel employed directly in connection with the Work where such travel has been approved by the Client. (c) Amounts paid by the Consultant for specialized consulting services for the Project, performed by others, including mark-up, provided that prior approval has been obtained in writing from the Client. (d) The cost of electronic digital computers and associated equipment used with the consent of and at rates approved by th~ Client, where, in the opinion of the Client, they have been used in lieu of the staff of the Consultant. (e) The cost of reproducing drawings, photographs, reports and similar documents required by the Client. (f) Overtime premium payments provided the Client has given written approval in advance of the overtime hours being worked. . . e . e . OB-MR-163 . REVISED MAY 1978 -10~ IN WITNESS WHEREOF the parties hereto have caused to be executed those presents by their officers properly authorized in that behalf on the day and year first above written. SIGNED, SEALED AND DELIVERED In the presence of: ~ .~. ) ) ) ) l..17~.I~ ._ ) TOTT SIMS HUBICKI ASSOCIATES (1981) LIMITED --r- - - -- " ~ .. "- 1.1 CONSULTANTS G. L. TOTTEN BSe.. P. Eng, R, E. SIMS BASe. P Eng J,M, HUBICKI BASe., P Eng. R. L. WINDOVER M,Sc" P Eng. pc. EBERLEE BASe. P. Eng. (1981) totten sims hubicki associates/limited 1A KING STREET EAST p,o, BOX 398 COBOURG, ONTARIO, K9A 4L 1 TELEPHONE (416) 372-2121 STAFF AND SALARY SCHEDULE - EFFECTIVE MAY 1, 1982 ~ a) Engineers, Project Managers, Project Supervisors, Senior Planners: Hourly Rate Range $ 8.00 to $ 24 . 04 ! *Emp1oyee Benefits $ 2.02 $ 6.06 Total Cost Per Hour $10.02 $30.10 b) Supervisors, Senior Draftspersons: Hourly Rate Range $ 8.00 to $20.19 *Employee Benefits $ 2.02 $ 5.09 Total Cost Per Hour $10.02 $25.28 c) Senior Ins trumen tmen, Instrumentmen, Technicians, Inspectors :' Hourly Rate Range $ 6.00 to $13.50 *Employee Benefits $ 1.51 1$ 3.40 Total Cost Per Hour $ 7.51 $16.90 ;~ .; d) Design Draftspersons, Draftspersons, Estimators, Planners: (Including Junior and Trainee) Hourly Rate Range *Employee Benefits Total Cost Per Hour $ 4.50 $ 1.13 $ 5.63 to $13.70 $ 3.46 , $17.16 e) Intermediate and Junior Instrumentmen, Inspectors, Lab Technicians: Hourly Rate Range $ 5.00 to $11.00 *Employee Benefits $ 1.26 $ 2.77 Total Cost Per Hour $ 6.26 $13.77 f) Typists (Including Junior and Trainee): Hourly Rate Range *Employee Benefits Total Cost Per Hour $ 4.00 $ 1.01 $' 5.01 to $10.23 $ 2.58 $12.81 g) Field Personnel; Rodmen, Chainmen, Checkers, Weighmen: (Retained as Required) Hourly Rate Range *Emp1oyee Benefits Total Cost Per Hour $ 4.00 $ 1.01 $ 5.01 to $ 8.00 $ 2.02 $10.02 *2cployee Benefits: Vacation Pay, Unemployment Insurance, Canada Pension, Workmen's Compensation, Sick Allowance, Statutory Holidays; Defined as "Payroll Cost" by the Association of Professional Engineers, Ontario. '~ I N.B. - Rates subject to change without notice': ~l;",""'~.'~-!':!:'~t~'r:.;:-':r:'~~"