HomeMy WebLinkAbout87-35
.
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87-35
being a by-law to dedicate certain lands
as a Public Highway in the Town of Newcastle
(Pebblestone Road)
BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-LAW OF THE CORPORATION
OF THE TOWN OF NEWCASTLE, BY THE COUNCIL THEREOF AS FOLLOWS:
The following land is hereby established as a public highway known
as Pebblestone Road in the former Township of Darlington, now in the
Town of Newcastle.
The said land hereby established as a public highway is described
as follows:
ALL AND SINGULAR THAT certain parcel or tract of
land and premises, situate lying and being in the
Town of Newcastle, in the Regional Municipality of
Durham, formerly Part of Lot 31, Concession 3,
geographic Township of Darlington, now part of
the Town of Newcastle, Regional Municipality of
Durham, more particularly described as Parts 1
and 3 on Registered Reference Plan 10R-2292,
deposited in the Land Registry Office for the
Registry Division of Newcastle (No. 10) on
July 30th 1986.
By-law read a first and second time this 23rd day of February 1987
By-law read a third time and finally passed this 23rd day of February 1987
ayor
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~.Jl, Province
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_~ Ontario
-
.l"ransler/Ueed ot Lalit'
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Fonn 1 - Land Registration Rerorm Act, 1984
A
(1) Registry rn
(3) Property
ldentlfter( s)
Land Tltl.sO (2) Page 1 of 2
Block Property
pages I
Additional:
See 0
Schedule
Executions
Additional:
See 0
Schedule
Addltlona':
See 0
Schedule
(4) Consideration
TWO ----------------------- Dollars $ 2.00
(5) Description This Is a: Property r.;J Property 0
Division ~ Consolidation
Part Lot 31, Cone ession 3, Geographic
Township of Darlington now part of the Town
of Newcastle, Regional Municipality of Durham
and being designated as Parts 1 and 3 on
Plan lOR-2292.
I New Property Identifiers
Lands being part of lands previously described
deed No. 119529.
6) This (a) AedescrlplJon I,' (b) Schedule for: (7) Interesl/Estate Transrerred
Document New Easement I Addlllonal Fee Simple
Contains Plan/Sketch 0 i Description 0 Parties 0 Other 0
:8) Transfero!ts) The transferor hereby transfers the land to the transferee and certifies that the transferor Is at least eighteen years old and that
we are spouses of one another.
. . . . . . . . . . . , . . , . t_. . . . . . . . . . . . . . . . . .. ... . ... ... .... . . .. . . . . . ... .. '" " . . .. . .. . . . , . I . . . . . . . I . .
Date of Signature
. . . . . . <. . . . . . . . . . , . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . Y M 0
Name(s) Slgnature(s) I I I
WILLISON, Alan Peter I 19861 081
..,.,... ~';~~~~~~',' ';~~~~~~~'e' .~~~~~.~~~~..., ................................ r~~'8'~r ~~!...
. . . . . . . . . . . , . . . . . , , . . . . . . . , . . . . . . . ... . . ... . ,. .....,..,........,..........,... .,. , , . . 'j' . '1' . .
. . . . . . . . a:s . j 6in 1:' t:eria Ii ts' . . . . . . . . . . . . . . . . .. ................................ j .. . .. .11" .j. "
i : i
9) Spouse{s) or Transferor(s) I hereby consent to this transaction Date of Signature
Name(s) . Slgnature(s) Y M 0
. . . . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . .. ............................,..... .1. . . . . .1. . .1. . . .
I I I
10) Transferor(s) Address
for Senlce
R. R. #2, oshawa, Ontario, LlH 7K5
11) Transleree(s)
Date of Birth
. Y I M,D
. . , . . . . . ~~.~ .~~1,\~?~!\,~~C?~. ?!? .~~~ . ~?~~ . C?!? .~~~~~~';'~~. , . , . . . . . . . , . . . . . . , . . . . . J. . . . . . . . .j. . . .
I I I
. 'I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . '1' . . . . .,. . . I . . .
. . . . . . . . . . . , . , . . . , . . . . , , . . . . . . . . , . , . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . , . . . . . . . 1 . . . . . .1. . .1. . . .
I I I
12) Transferee(s) Address
for ServIce
40 Temperance Street, Bowmamvnille, LlC 3A6.
)
(13) Transferor(s) The transferor verifies that to the best of the transferor's knowledge and belief, this transfer does not contravene section 49 of the
Planning Act. 1983. Date of Signature Date of Signature
,Y M 0 (Y M 0
Signature. . . . . ,- . . . . . . . , . , . . . . . . . , .1. . , . . .1. , . 1. ..1 Signature...,.............,....,....!..... .1. , . 1. . , .
Solicitor for Transferor(s) I have explained the eflect of section 49 of the PlannIng Act, 1983 to the transferor and I have made Inquiries of the transferor
I to determine that this transfer does not contravene that section and based on the Information supplied by the transferor, to the best of my knowledge
and bellef, this transfer does not contravene that section. I am an pntarlo solicitor In good standing. Date of Signature
Name and ,; I Y I MID
Address of I .
Solicitor .. Signature. . , . . . . , . . , . . . . . . . . , . . . . , . .! . . . . . ... . . . . , . .
i (14) Solicitor ror Trantr.ree(t) I have Investigated the title to this land and to abutting land where relevant and I am satisfied that the tllle records
~iif reveal no contravention as set out In subclause 49 (21a) (c) (II) of the Planning Act, 1983 and that to the best of my knowledge and belief this
I co; i transfer does not contravene section 49 of the Planning Act 1983. I act Independently of the solicitor for the transferor(s) and I am an Ontario
~ ~ solicitor In good standing. . '
~c r
~.E:t: Name and ' Date of Signature
"5~ Address of Y M 0
~~! Solicitor ..' I ,'i
Jl ~ Signature. . . . . . . , , . . . . . . . , . . . . . . . . . .!. . , . , . .' . . .:. . . .
.
15) Aueument Roll Number
or Property part
16) Municipal Address or Property
R.R.#2,
Oshawa, LIH
I CIy. I Mun.! Map I Sub. I Par. I
118j17jOlO 100 00300
(17) Document Prepared by:
Ronald R. M. Strike
Strike & Strike,
Box 7,
Bowman,ville,LlC 3K8
Land Transfer Tax
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Fees and Tax
Total
'173 (12/84)
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Document General
Form 4 - Land Reglltl'lltlon Reform Act, 1984
DYE & DuRHAM CO liMIT EO
Form No 985
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HUMBER_.._~~3~(JZ _
CEI1JRCAD Of 1IGISlIA11OII
\ \)', r~\ ~til
(1) Registry IiJ
(3) Property
Identifier( I)
Land Tltlel 0 (2) Page 1 of 2
Block Property
pages (I~. _ )
'-"'"
Additional:
See 0
Schedule
(4) Nature of Document
By-Law
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N~CASTLE
No. 10
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(5) Conllderatlon
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C,A;".: 'R.'E.GiSTRAAwl
Dollars $
(6) OeIcrfptlon
Part of Lot 31, Concession 3, Town of
Newcastle, Regional Municipality of Durham,
(formerly the geographic Township of
Darlington, more particularly described
as Parts 1 and 3, Plan lOR-2292.
New Property Identifiers
Additional:
See 0
Schedule
Executions
Additional:
See
Schedule
o
(7) This
Document
Contains:
(a) Redescription
New Easement
Plan/Sketch
, :: (b) SChedule for: I
Additional 1
O! Description 0 Parties 0 Other []I
(8) This Document provides a. follow.:
A Certified copy of By-Law Number 87-35 is attached hereto.
( (9) This Document relate. to In.trument number(.)
(10) Party(les) (Set out Status or Interest)
Name(s)
Continued on Schedule ~
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s;gnature1 f () Date ot Signature
.....1 Y M 0
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) :rort:i F. Dro.dy)., ! :
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. ... ..THE,COR~QRATIQN.OF.XRE.TOWN.......
OF NEWCASTLE by its solicitors
. . . . . . . S'IMS; , BRADY' &' 'r~c i NERNEY' . . . . . . . . . . .
(11) Addr...
for Service
40 Temperance Street, Bo~uanville, Ontario LIC 3A6
(12) Party(ies) (Set out Status or Interest)
Name(s)
Signature(s)
Date of Signature
Y M 0
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .....
. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .....
(13) Address
for Service
(14) Municipal Address of Property
Pebbles tone Road
(15) Document Prepared by:
Sims, Brady & McInerney
117 King Street, Box 358
Whitby, Ontario LIN 5S4
John F. Brady
.
I~ Fees and Tax
g Registration Fee / ~ 0 i)
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 87-35
being a by-law to dedicate certain lands
as a Public Highway in the Town of Newcastle
(Pebblestone Road)
BE IT ENACTED AND IT IS HEREBY ENACTED AS A BY-lAW OF THE CORPORATION
OF THE TOWN OF NEWCASTLE, BY THE COUNCIL THEREOF AS FOllOWS:
The following land is hereby established as a public highway known
as Pebblestone Road in the former Township of Darlington, now in the
Town of Newcastle.
The said land hereby established as a public highway is described
as follows:
All AND SINGULAR THAT certain parcel or tract of
land and premises, situate lying and being in the
Town ,of Newcastle, in the Regional Municipality of
Durham, formerly Part of Lot 31, Concession 3,
geographic Township of Darlington, now part of
the Town of Newcastle, Regional Municipality of
Durham, more particularly described as Parts 1
and 3 on Registered Reference Plan 10R-2292,
deposited in the Land Registry Office for the
Registry Division of Newcastle (No. 10) on
July 30th 1986.
By-law read a first and second time this 23rd day of February 1987
By-law read a third time and finally passed this 23rd day of February 1987
(,!RIIFlED UNDER THE HARQ OF. THE ,,__
CLERK Mm SEAL OF THE
Cl'frORArION OF THE TOWN OF REWCASTLIi
TO SE A TRUE COpy OF BY-LAW "__.:.......... ... -
OF THE CORPORATION .Q.f JHI TOWN QE IIEWCASTLI ~
~~~~~~~~U.";,\
nLl!RK Of THl! CORPORATION Of'
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(1005) r- LOT ~l, CON. 3
SIB II
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PLAN '10 R~ II q;L.
I
I REQUIRE THIS PLAN TO BE
DEPOSITED UNDER THE
REGISTRY ACT.
DATE _ ..4.IJ..L'y _ 2&., _1~lt6_ _
RECEIVED AND DEPOSITED
,- . ...-...; '9 vI
DATE "'-'U.LJ_ _~Q'_ L _.Q.W
't6_YJl~f.J-l&/1 .
LAND REGISTRAR FOR THE !
REGIS TRY i DIVISION OF
NEWCASTLE1 (N!! 10)
-~K~
R.K.Y~G 0
PLAN--OF -SURVEY1jF"-
PART OF LOT 31 CONCESSION 3
TOWN OF NEWCASTLE
(formerly Township of Darlington)
REGIONAL MUNICIPALI TY OF DURHAM
SCALE I : 600
o IS 10 20 40 60 m
~--- ,
J. D. BARNES LIMITED, Surveyors - 1986
~
DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND
CAN BE CONVERTED TO FEET BYDIVIDING BY 0.3048.
NOTES:
BEARINGS HEREON ARE ASTRONOMIC AND ARE REFERRED TO THE
EASTERL Y LIMIT OF BLOCK 14 (RESERVE) AS SHOWN ON
REGISTERED PLAN 10M - 774 HAVING A BEARING OF N 18034' ~o" W
.. DENOTES SURVEY MONUMENT FOUND _
-0- DENOTES SURVEY MONUMENT PLANTED
SIB DENOTES STANDARD IRON BAR
SSIB DENOTES SHORT STANDARD IRON BAR
IB DENOTES IRON BAR
O.ll. (JENOTES ORIGIN UNKNOWN
1005 DENOTES DONEVAN 8 FLEISCHMANN, o. L. S .
CAUTION
THIS PLAN I S NOT A PLAN OF SUBDIVIS ION WitHIN
THE MEANING OF THE PLAN NING ACT
,
----
SURVEYOR'S CERTIFICATE
I CERTIFY THAT .
I. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCOROo\NCE WITH THE SURVEYS
ACT AND THE REGISTRY ACT AND THE REGULATIONS MAqE THEREUNDER
2 THE SURVEY WAS COMPLETED ON THE 12th DAY OF JU9 .,1986
DATE JULY 25, 1986
R. .
OHTARt
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J. D. BARNES LIMITED, Surveyors
Cadastral, Geodeti~, Photogrammetric and Engineeri~g Surveys
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86 - 215 - 259 - I
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Recommended Form of
Agreement Between
Client and Engineer for
Professional Engineering
Services
\
J
1977 Reprint: 1986
Published by the
Association of Professional Engineers of Ontario
1155Yonge Street, Toronto, Ontario M4T 2Y5 (416) 961-1100
r~ :2,.:;>/e7 c'::,-7Z M"'~77~61
jeer. :2. o~-~7 .1
~'1l..4w l'Ai 87 -31., I {O",f-J5'}I-"'9W,1
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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
t:tT(
day of ~
1987
RETWEEN:
THE CORPORATION OF THE TOWN OF NEWCASTlE
hereinafter referred to as the "Client",
and
PHILLIPS BARRATT KAISER ENGINEERING LTD.
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 I - DEFINITIONS:
The terms defined in this Article I shall for all purposes of this Agreement have the meanings herein specified
unless the context otherwise specifies or requires: .
1. "Association" shall mean the Association of Professional Engineers of Ontario;
2. "Project" shall'mea~:
New single pad Arena complete with outdoor artifical ice pad and multipurpose
facility to be located at the intersection of Hwy. 2 and Regional Rd. 57 in
the Town of Newcastle. Design provisions will be made in so far
as practical for the addition of a second indoor ice surfac~.~ '
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1.
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 /l Oth of 1 % by a factor equivalent to what the sales taxes would
have been; .
(il) material and equipment furnished by the Client shall be included as if purchased new I and if used
material or equipment is furnished it shall be included as if purchased new;
(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" is defined as salary plus payroll burden. Payroll burden equals fringe benefits expressed as
a percentage of salary that provide for health and medical insurance, group life and disability insurance,
company and Canada pension employer contributions, Workmen's Compensation and Unemployment In-
surance but excludes bonuses or profit sharing. Salary per hour is dermed as current annual salary divided
by 1660 hours.
The 1660 hours of available working time is based on a 3 7~ hour week and is calculated by deducting 290
hours for vacation, statutory holidays, sick time and professional development time from 1950 hours
(37~hours per week x 52 weeks per y..~~
..
2.
ARTICLE II - ENGINEERING SERVICES:
The Engineer shall perform the ,following services in connection with the
project:
The Engineering work will be performed in four phases;
1 . Preliminary Design Phase
During this phase the preliminary design shall be developed in
accordance with the Town's Outline Specification and in close
consul tation with the Arena Committee. A Building Code Analysis
shall be completed for review with the governing Code Authorities.
All basic decisions shall be made as to building layout, construction
features, finishes, mechanical and electrical systems in order to
prepare a reliable cost estimate which will be used to confirm budget
and control costs during further stages of the work.
2. Detailed Design Phase
After approval of the design concept and confirmation of the Project
Budget, detailed Working drawings and Specifications shall be
completed to serve as the basis for a Construction Contract. During
this phase the Engineer shall work closely with the Town so that they
would be made aware of all final details as they are developed.
Final Drawings and specifications would be monitored as they are
developed for conformance with the Project Budget.
3. Tendering Phase
This phase would include assisting the Town with calling bids for all
construction work required, evaluating proposals, making
recommendations regarding Contractors and assisting with the drafting
of Construction Contracts. Preliminary studies may indicate a
benefit in calling for alternate prices for some building systems,
finishes or services to confirm the cost/value assumed at the
preliminary phase. Such alternates assist in final "tailoring" of
the project to budget constraints. The Engineer shall redesign and
re-tender to meet the approved budget as required by the Client.
4. Construction Phase
During this phase the Engineer shall provide the inspection and
administrative services normally carried out by the
architectural/engineering consultant. These would include general
review, periodic field inspection at appropriate intervals, review of
shop drawing~, processing of Contractor's progress claims, reviewing
and recommending action for change orders, and certification of
substantial completion', totai completion, and related documents~
including defi~ien~Y lists. . .~ t.!)
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The Engineer shall also provide ongoing liaison with local utili ties
throughout the project. This Contract must be read in conjunction with
the proposal documents submitted to the Client by Phillips Barratt Kaiser
and all decisions of Council of the Corporation of the Town of Newcastle
pertaining to the project.
Council approvals will be required at the end of each phase.
The Engineer shall be the official representative of the Client during
the construction phase and has authority to reject any work not
conforming :tQ the Contract Documents. The Engineer shall also have the
authority to order minor changes in the work not involving an adjustment
in the contract price or an extension of the contract time which are
consistent with the intent of the Contract documents.
The following services are not within the Scope of Work to be performed
by the Engineer:
1. Design or tendering of water supply system outside the property
limits.
2. Design or tendering of baseball diamonds and playing fields.
3. Site supervision, construction inspection and testing.
4. Soils reports.
5. Legal description and certified land survey.
6. All legal, accounting and insurance services required for project.
7. Obtaining consents, approvals, licenses and permits from authorities
having jurisdiction.
8. As-built drawings.
9. Providing special assistance in the utilization of equipment or
systems such as adjusting, balancing, operating and maintenance
manuals (other than those provided by suppliers), training personnel
and consultation during operation.
10. In-depth study of energy conservation
systemso&JJ; [)
3b
Article III - FEES:
The Client shall pay to the Engineer the following fees for the performance of the services set out in Article II
hereof:
- Total Fee $220,000.00
_ Monthly invoices will be billed on a percentage completion basis
of the following breakdown:
Preliminary Design Phase
20% of Total Fee
Detailed Design Phase
Tenderi ng Phase
55% of Total Fee
5% of Total Fee
_ Construction Phase
20% of Total Fee
Disbursements will be charged in addition to the foregoing fees
which would include:
Travelling expenses (from the PBK Burlington office only)
at 20 cents per km
Specialist consultants (when approved by the Client)
_ Reproduction of drawings and documents
Tender advertisements
Permits and licenses
Long distance telecommunicCl.tions (from the PBK Burlington office
only)
Special out-of-pocket expense (to be approved by Client).
Cost plus work extra to the Contract shall be provided at 2.5
x payro 11 cos t.
41
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Article IV - EXPENSES AND DISBURSEMENTS:
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~~~ ~E,;;~toir:::~ ::': ;:;~~:;~;,~~;=;f~
.1i' f. c., ~".. li.'-." ...ld ".....p.c..u ,.h4.~.~~~:.Ll..lt l"<>".;u", l'..,y",,,ub, ....d th~ \ov,,1 vf
".o.idit,& Aftd mamtainin& site offiees, iftlpplies, 8J\d e4l1ipJftcJ\ts.
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:
1. 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 CCrst 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"
3. Overdue acco1,1nts fire subject to carrying charges at a rate of 2 % per month. subsequent to the
date of slgnlng the Contract.
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 Engineer, 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 exist~ng facilities and utilities;
(ii) accurate information, plans, and specific.ations regarding any other existing or proposed buildings
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 insofar 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
otAer than the Engineer is correct, and the Engineer shall not be liable for any loss or damage arising from
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 Qient's expense if any
. such information should be erroneous or inaccurate. .
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. 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 II and 1II respectively, heretofore).
S. 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 percentage
cOl]Jlete basis.
(b) If tlie 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 shan 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 percentage carp lete 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 rJient.
9. Arbitration
(a\ All matters in difference between the parties hereto in relation to this Agreement may, wi th the
. consent of both 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., 1980, Chapter 25, shall apply to the arbitration.
Article VII - SUCCESSORS AND ASSIGNMENT
1. This Agreement shall enure to the benefit of, and be biitding 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 mflde to the d.ate of such termination.
6.
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! _ 3. If the Engineer is an individual and is unable to satisfactorily perform his services hereunder due to physi-
calor mental incapacity for a period of IS 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.
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IN WITNESS WHEREOF ttle parties hereto have executed thismH;~~,~)tFiQ~!~et"~tt,~rst,!a~.9,.v~... appear.ing. .
rn~UO\.1 Hil.Ij~ iJD I ;if! ~ k!',J ~f ~.!. ,'7'5."; ll""'" .1;"
. . Iio,,~ I UUiv U iJ'~Jbrl~nt
Client
ayor
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er
Engineer
7.