HomeMy WebLinkAbout90-85
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CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 90- 85
Being a by-law to authorize the entering into
an Engineering Agreement with Totten Sims
Hubicki & Associates Limited for the Design
and Supervision of construction of King Street
and Mearns Avenue.
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 Corporate Seal, an Engineering Agreement between
Totten Sims Hubicki and Associates Limited, and the
Corporation of the Town of Newcastle dated this 14th day of
May, 1990, which agreement is attached hereto and marked
Schedule ' A' .
By-law read a first time this 14th day of
By-law read a second time this 14th day of
May
May
1990.
1990.
By-law read a third time and finally passed this 14th day of May
1990.
CLERK
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M.E.A./C.E.O. 1989
AGREEMENT
FOR
PROFESSIONAL CONSULTING SERVICES
MEMORANDUM OF AGREEMENT dated the 2nd day of April,
A.D. 1990
. BETWEEN.
THE CORPORATION OF THE TOWN OF NEWCASTLE
Here,inafter called the ' Client'
THE PARTY OF THE FIRST PART
.AND-
TOTTEN SIMS HU~ICKI ASSOCIATES (1981) LIMITED
'Hereinafter called the 'Consultant'
THE PARTY OF THE SECOND PART
WHEREAS the Client intends to construct that portion of
King Street (K.H. #2) from Simpson Avenue to the eastbranch
of Soper Creek'(including the widening of the bridge spanning
the westbranch of the Soper Creek), a dis~ance of
approximately 0.7 km. The project shall also include the
construction of Mearns Avenue between King Street and Orchard
Park Drive, a distance of approximately 195 metres. The work
is included in (the former Town of) Bowmanvi1le.
King Street shall be financed in accordance with the terms of
the Provincial Connecting Link agreement and Mearns Avenue
shall be financed under Part X of the Public Transportation
and Highway Improvement Act or in such other matter deemed
appropriate by the Council of the Town of Newcastle.
hereinafter called the 'Project' and has requested the Consultant to furnish
professional services in connection therewith;
NOW THEREFORE WITNESSETH that in consideration of the covenants contained
herein, the Client and the Consultant mutually agree as follows:
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ARTICLE 1 - GENERAL CONDITIONS
1. 01 Retainer
The Client hereby retains the services of the Consultant in connection
with the Project and the Consultant hereby agrees to provide the services
described herein under the general direction and control of the Client.
In this Agreement the word Consultant shall mean professionals and other
specialists engaged by the Client directly and whose names are party to
this Agreement.
1.02 Services
The 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 Section 1.08 are hereinafter called the 'Services.'.
1.03 Compensation
The Client shall pay the Consultant in accordance with the provisions set
forth in Article 3.
1.04 Staff and Methods
The Consultant shall use current state of the art principles and shall
skilfully and competently perform the Services and shall employ only
skilled and competent staff who will be under the supervision of a senior
member of the Consultant's staff.
1.05 Drawings and Documents
Subject to Section 3.2.4. of Article 3, drawings and documents or copies
thereof required for the Project shall be exchanged between the parties
on a reciprocal basis. Documents prepared by the Consultant for the
client may be used by the Client, for the Project herein described,
including "as built" records. The Client has ownership of the drawings.
1.06 Patents
All concepts, products or processes produced by or resulting from the
Services rendered by the Consultant in connection with the Project, or
which are otherwise developed or first reduced to practice by the
Consultant in the performance of his Services, and which are patentable.
capable of trademark or otherwise, shall be and remain the property of
the Consultant.
The Client shall have permanent non-exclusive royalty-free license to use
any concept. product or process, which is patentable, capable of
trademark or otherwise produced by or resulting from the Services
rendered by the Consultant in connection with the Project and for no
other purpose or project.
1.07 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 for the Project.
(b)
rhe Client may inspect and audit the books. payrolls. accounts and
records of the 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 Consultant. when requested by the Client, shall provide copies
of receipts with respect to any disbursement for which the
Consultant claims payment under this Agreement.
1.08 Changes and Alterations and Additional Services
With the consent of the Consultant the Client may in writing at any time
after the execution of the Agreement' or the commencement of the Services
delete, extend, increase, vary or otherwise alter the Services forming
the subject of the Agreement, and if such action by the Client
necessitates additional staff or services, the Consultant shall be paid
in accordance with Section 3.2.1 for such additional staff employed
directly thereon, together with such expenses and disbursements as
allowed under Section 3.2.4.
1.09 Susoension or Termination
The Client may at any time by notice in writing to the Consultant suspend
or terminate the Services or any portion thereof at any stage of the
undertaking. Upon receipt of such written notice, ,the Consultant shall
perform no further Services other than those reasonably necessary to
close out his Services. In such an event, the Consultant shall be
entitled to payment in accordance with Section 3.2.1 for any of the
Consultant's staff employed directly thereon together with such expenses
and disbursements allowed under Section 3.2.4.
If the Consultant is practising as an individual and dies before his
Services have been completed, this Agreement shall terminate as of the
date of his death, and the Client shall pay for the Services rendered and
disbursements incurred by the Consultant to the date of such termination.
1.10 Indemnification
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.
The Client agrees to hold harmless, indemnify and defend the Consultant
from and against any and all claim, losses, damages, liability and costs
of defense arising out of or in any way connected with the presence,
discharge, release or escape of contaminants of any kind, excluding only
such liability as may arise out of the negligence of the Consultant in
the performance of consulting services to the Client within this project.
1.11 Insurance
The Client will accept the insurance coverage specified in this clause as
the limit of liability of the Consultant.
a) Comprehensive General Liability and Automobile Insurance
The Insurance Coverage shall be $5,000,000 for general liability and
$5,000,000 for automobile insurance. When requested the Consultant
shall provide the Client with proof of Comprehensive General
Liability and Automobile Insurance (Inclusive Limits) for both owned
and non-owned vehicles.
b) Professional Liability Insurance
The Insurance Coverage shall be in the amount of $1,000,000. When
requested the Consultant shall provide to the Client proof of
Professional Liability Insurance carried by the Consultant, and in
accordance with APEO Act, 1984 and Regulations therein.
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 expense as a disbursement allowed
under Section 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.
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1.12 Contracting for Construction
Neither the Consultant nor any person, firm or corporation associated or
affiliated with or subsidiary 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.
1.13 Assignment
Neither party may assign this Agreement without the prior consent in
writing of the other.
1.14 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.
1.15 ADDroval by Other Authorities
Unless otherwise provided in this Agreement, where the work of the
Consultant is subject to the approval or review of an authority,
department of government, or agency other than the Client, such
applications for approval or review shall be the responsibility of the
Consultant, but shall be submitted through the offices of the Client and
unless authorized by the Client in writing, 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 PrinciDals 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 SDecialized Services
The Consultant may engage others for specialized services provided that
prior approval is obtained, in writing, from the Client. The cost for
such services shall be invoiced to the Client, without mark-up' by the
Consultant.
1.18 InsDection
The Client, or persons authorized by the Client, shall have the right, at
all reasonable times, to inspect or otherwise review the Services
performed, or being performed, under the Project and the premises where
they are being performed.
1.19 Publication
Tho Consultant agrees to obtain the consent 1n writing of the Client
before publishing or issuing any information regllrding the proj ect.
1.20 Confidential Data
The Consultant shall not divulge any specific information identified as
confidential, communicated to or acquired by him, or disclosed by the
Client in the course of carrying out the Services provided therein. No
such information shall be used by the Consultant or any other project
without the approval in writing of the Client.
1.21 Arbitration
(a) Any dispute, difference or disagreement between the parties hereto
in relation to the Agreement may, with the consent of both parties,
be referred to arbitration.
(b) No person shall be appointed to act as arbitrator who is in any way
interested, financially or otherwise, in the conduct of the work on
the Project or in the business or other affairs of either the Client
or the Consultant.
(c) The award of the arbitrator shall be final and binding upon the
parties.
(d) The provisions of The Arbitrators Act, R.S.O., 1980, Chapter 25, as
amended shall apply.
1.22 11mQ
The Consultant shall perform the Services expeditiously to meet the
requirements of the Client and shall compl~te any portion or portions of
the Services 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 notwithstanding any provisions
expressed or implied to the contrary.
The Client shall give due consideration to all designs, drawings, plans,
specifications, reports, tenders, proposals and other information
submitted by the Consultant, 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 Consultant.
1.23 Estimates. Schedules and Staff List
1.2.3.1 Preoaration of Estimate of Fees. Schedule of Pro~ress and Staff List
When requested by the Client, the Consultant shall within fourteen days
of the execution of this Agreement provide, for approval by the Client:
(a) An estimate of the total fees to be paid for the Services.
(b) A schedule showing an estimate of the portion of the Services to be
completed in each month and an estimate 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 information 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 Subseauent Changes in the Estimate of Fees. Schedule of Progress and
Staff List
The Consultant will require prior written 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 Monthly Reoorting of Progress
When 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.
1.24
Additional Conditions
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MEA/CEO 1989
ARTICLE 2 - SERVICES
2.1 Consultant's Services for Detailed Design of Road and/or Bridge Works
The services to be provided by the Consultant in the execution of the
design of the Project shall include:
1. Expertise required for the design of all structures and facilities to
serve the best interests of the pub1ie. with due regard for'
environmental concerns. cap~ta1 cost and operating efficiency in
accordance with current state of the art and acceptable standards
established by the Client and regulatory authorities.
2. The preparation and submission to the Client of a field inspection
report setting out the salient features of the Work. and the
Consultant's proposed design methods in consideration of these
features.
3. Preliminary site investigation to inspect the topographical features
and to obtain information which will facilitate the choice of the most
suitable structure or structures.
4. 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.
5. Field Survey work as may be required to supplement that completed by
the Client, including 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.
6. Drainage studies and the preparation of detailed design drawings and
specifications for culverts and all necessary drainage works.
7. A preliminary sketch plan showing the principal features and
geometrics of any proposed structure or structures, which shall be
submitted in duplicate to the Client for his approval or review before
final detailed drawings are begun.
8. 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
additional drawings required for alternative utility relocation as
required by the Client subject to clause 7 of Section 2.2.
Underground utilities are to be indicated on the plans and profiles in
accordance with information submitted by the respective utility.
9. 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.
10. The preparation of appropriate plans showing any lands or interests in
land required for the Project.
11. Advising the Client of the need to seek permission to enter private
lands for investigation purposes.
12. 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.
13. The preparation of contract documents for the Project including the
detailed construction drawings, tender quantity forms, material lists,
specifications and information to bidders.
MEA/CEO 1989
14. The preparation of detailed quantity and cost estimates, sundry
engineering and materials.
15. The provision of tendering documents and reproducible drawings for the
Project, in such numbers as the Client shall direct.
16. The preparation of reinforcing steel bar lists for structures.
17. Incorporation, into the contract document package of design drawings
and specifications of work designed by others, when required.
18. The submission of plans, specifications, schedules, and applications
for approval to the Client and to appropriate authorities, as
required. Attend meetings at the offices of these public authorities
to discuss designs and to provide explanations for the purpose of
furthering the applications towards approval.
19. Assistance to the Client in the processing of the project under the
Environmental Assessment Act, including preparation of an Environ-
mental Study Report.
20. The preparation of special applications or reports to assist the
Client in obtaining subsidy payments, grants or special financing from
senior levels of government.
21. Advice, consultation and assistance to the Client in the adyertising,
receiving and evaluation of bids, and awarding of a contract for
construction.
2.2 Client's Services for Detailed Design
The 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 (1) may be assigned to the Consultant
under a 'Preliminary Design Services Agreement', and other services herein
under Section 1.08.
1. 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.
2. Access to and, where necessary, copies of existing plans, profiles or
other topographic information showing or pertaining to existing
conditions within the Project area.
3. 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.
4. Speclmen contract documents for the guidance of the Consultant in the
design of the Project to the standards required by the Client.
5. General direction of the Consultant in the provision of the services.
6. Soils, foundation and hydrological reports where required, for the
proper design of the Project.
7. Any information regarding utilities necessary for the preparation of
the plans referred to in Section 2.1 in the possession of the Client.
8. Arrange and make provision for the Consultant's entry and ready access
to property (public and private) as well as to the site of the
Project, as necessary to enable him to perform his services.
9. Designate in writing an individual to act ,as his Representative who
will transmit instructions to and receive information from the
Consultant.
MEA/CEO 1989
The Consultant shall be entitled to rely upon the information, direction
and approvals provided by the Client pursuant to Clauses 1 through 7
hereofj inclusive, as being accurate, in the performance of the
Consultant's services under this agreement.
2.3 Consultant's Services for Construction Administration on Road and/or Bridee
Work
The Consultant, on behalf of the Client, provides a review of the work
during construction. The Contractor is responsible for discharging his
obligations under the terms and conditions of the construction contract.
The performance of the Contract is not the Consultant's responsibility nor
are his review services rendered for the Contractor's benefit. The
Contractor is responsible for the quality of the work. It is understood
that only work which has actually been seen during eXlIInination of
representative samples can be said to have been appraised, and comments on
the balance of the work are assumptions based upon extrapolation.
The extent of the Consultant's duties for general review are as follows:
(a) Administrative Services
1. Consultation in the tendering of a contract for the Project, the
comparative analysis of bids and recommendations thereon, and the
preparation of contract documents for execution.
2. The review, modification and approval of the Contractor's
construction schedule, the processing of progress and final
payment certificates for the work, and the preparation and
submission of work progress reports to the Client at such time
and in such form and detail as the Client may require.
3. The review and checking of formwork drawings and proposed
construction methods as warranted, to ensure that the
Contractor's drawings and methods comply with the design
requirements for the Project.
4. Consideration and recommendation in respect to alternatives of
construction methods or material proposed by the Contractor, and
preparation of change orders.
S. Review shop drawings submitted to the degree necessary to ensure
they conform with the design requirements and contract documents.
6. Recommend on the validity of charges for additions or deletions
and recommend on the issue of change orders.
(b) Field Administration
1. Direction of the Consultant's field staff, and review of the
Contractor's work to ensure compliance with the plans and
specifications.
2. Surveying and field stakeout for the layout control, and
calculation of pay quantities for the work.
3. Calculation and recording of quantities, and the preparation of
progress and final payment certificates prescribed by the Client,
together with the compilation of such survey notes, diaries,
records and reports substantiating such certificates during
construction and on completion of the work.
4. Arranging, preparing and shipping for testing, materials supplied
by the Contractor for incorporation in the work, and the review
of test results and judgement of acceptability of said materials.
5. On-site tests during the constr~ction of the work to verify
acceptability according to the specifications.
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MEA/CEO 1989
6.
The assignment of the necessary field staff to perform such field
operations necessary in the provision of the foregoing
construction administration services.
7. Investigating, reporting and recommending on unusual
circumstances which may arise during construction.
8. Carrying out final inspection at the conclusion of the
construction contract, and as part of the acceptance program of
the Client.
9. The preparation and submission to the Client of one complete set
of reproducable, revised contract drawings showing the 'as
constructed' Project, to the extent requested by the Client and
to the extent possible from information provided by the
Contractor or otherwise patently visible. Consultant is not
responsible for the accuracy of completeness of field change
information supplied (or to have been supplied) by persons not in
the Consultant's employ.
2.4 Client's Services for Construction Administration
The Client shall provide the Consultant with the following services
notwithstanding that, should the Client be unable to provide any of the
services hereunder, they may be assigned to the Consultant under Section
1.08 Additional Services.
1. Contract documents including working drawings, tender forms,
specifications and special provisions.
2. Survey reference points, sufficient in number and accuracy to provide
for the field layout of the project for purposes of construction
control and quantity measurement surveys.
3. Supplementary factors governing the Contractor's operations, such as
by-laws, property considerations, maintenance of public services and
traffic.
4. General direction of the Consultant in the provision of the services.
5. Arrange and make provision for the Consultant's entry and ready access
to property (public and private) as well as to the site of the work,
as necessary to enable him to perform his Services.
6. Designate in writing an individual to act as his Representative, who
will transmit instructions to, and receive information from, the
Consultant.
The Consultant shall be entitled to rely upon the information; direction
and approvals provided by the Client pursuant to clauses 1 through 6
hereof, inclusive, as being accurate, in the performance of the
Consultant's services under this Agreement.
ARTICLE 3 - FEES AND DISBURSEMENTS
3.1 Definitions
For the purpose of this Agreement, the following definitions shall
apply:
(a) ~ayroll Costs
Payroll Costs is defined as hourly salary plus payroll burden.
i) The following formula shall be used to calculate the hourly salary
for billing purposes. Salary per hour equals:
Annual Salary
Hours Per Week x 52 x .85
ii) Payroll burden equals fringe benefits expressed as a percentage of
salary that provides for health and medical insurance, group life
and disability insurance, company and Canada pension employer
contributions, Workmen's Compensation and Unemployment Insurance,
but excludes bonuses or profit sharing. For the purposes of this
agreement payroll burden is 8.5%.
(b) Cost of the Work
i) The "Cost of 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
for which the Consultant prepares designs, drawings or
specifications, for which he is responsible. Where sales taxes
are not included in the cost of the work, 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%).
ii) Wherever the Client furnishes labour or any other 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) Whenever used material or equipment is furnished by or on behalf
of the Client, the fair market value of such material or'
equipment, as though it was purchased new, shall be used to
compute the Cost of the Work.
iv) In computing the Cost of the Work, no deductions shall be made on
account of any penalties or damages claimed by the Client from any
contractor or on account of any other sum withheld from any
contractor.
v) The Cost of the Work shall not include any fees and disbursements
due to the Consultant, the Client's engineering and office
expenses, or cost of land.
(c) ~
Site includes the actual work site and other locations where the
checking of materials, equipment and workmanship is carried out.
3.2
Basis of Payment
3.2.1
Fees Calculated on a Time Basis
3.2.1.1 The Client shall pay the Consultant a fee, calculated on a time basis,
for that part of the Services described in Article 2. Fees on a time
basis shall be as follows:
(n) Principals and Executives on normal assignments N/^ per
hour. This rate will be reviewed annually and adjusted
accordingly.
(b) Staff on normal assignments - Payroll Cost plus
100%.
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(c) Principals, Executives and staff rendering individual services on
assignments for which they are eminently qualified and for which
tlLa they require little or no assistance including providing expert
testimony and attendance at hearings or courts . . . 50% more than
the rates specified above.
(d) Services During Construction
i) For all services, except for staff full-time continuously on
site:
Principals and Executives
on normal assignments.... .... .... N/A
per hour
This rate will be reviewed annually and adjusted accordingly.
Other Staff: Payroll Cost plus 100%
ii) For site staff working full time continuously... . Payroll Cost
plus 70% reducing to Payroll Cost plus N/A % for periods in
excess of 6 months.
3.2.1.2 Time Exoended
All time expended on the assignment, whether in the Consultant's
office, at the Client's premises, or elsewhere, and including travel
time, shall be chargeable. This also includes, but is not limited to,
stenographic and clerical staff engaged in the preparation of documents
such as reports, and specifications.
3.2.2
Fees Calculated on a Percentage of Cost Basis
3.2.2.1 The Client shall pay the Consultant a design fee to be calculated as a
percentage of the Cost of the Work for normal projects as follows:
CALCULATION OF FEE
COST OF THE WORK
FEE
1U8
RLA
3.2.3
Comouter Services
Computer services, except where a computer is used for design under the
percentage fee scale or for the Consultant's normal office
administration, shall be considered a reimbursable expense.
3.2.4
Reimbursable Exoenses
In addition to the fee. the Consultant shall be reimbursed at cost for
all expenses properly incurred by him in connection with the project.
including but not limited to: vehicle use charges, travelling and
living expenses. long distance telephone charges, teletype and
telegraph charges, printing and reproductions, progress photography,
advertising for tenders, special delivery and express charges. overtime
premium costs, and the cost of providing and maintaining site offices,
supplies and equipment, approved special consultations, subsurface
investigations. legal surveys, chemical and physical tests.
3.3
3.3.1
3.3.2
PAyment
Fees Calculated on a Time Basis
The Consultant shall submit an invoice to the Client for all Services
completed in the immediately preceding month. Interest at the annual
rate of 18 percent (1.5 percent monthly) will be paid on the total
outstanding unpaid balance commencing 30 days after the Client has
received the Consultant's invoice.
Fees Calculated on a Percentage of Cost Basis
(a) Monthly Payment HLA
The Consultant shall submit an invoice to the Client for that part
of the design of the Project completed in the immediately
preceding month calculated upon the basis of the Consultant's
estimate of the cost of that part of the Project, and, if the
Client agrees with such estimate and that such part has been
completed, the Consultant will be paid the amount of the fee so
invoiced. Interest at the annual rate of percent will be
paid on the total outstanding unpaid balance commencing 30 days
after the Client has received the Consultant's invoice.
(b) On Award of Contract
Following the award of the contract for the construction of the
Project, the Consultant shall recalculate his fee on the basis of
the tender quantities and prices on which the contract for the
construction of the Project was awarded, plus the estimated cost
of materials and other services supplied by the Client and upon
such recalculation, the amount paid to the Consultant shall be
adjusted to equal the full amount of the recalculated fee
including the repayment by the Consultant of any overpayment made
to the Consultant.
(c) Delay of Award of Contract
In the event the contract for construction of the Project is not
awarded within eighteen months of the acceptance of the Design by
the Client the final fee for design shall be determined as in
paragraph (a) above, and paragraph (b) shall not apply.
Further services for the Project beyond the eighteen months will
be undertaken on a time basis.
(d) On Comoletion of the Work
Following Completion of the Work, the Consultant shall recalculate
his fee on the basis of the actual cost of the work and upon such
recalculation the amount paid to the Consultant shall be adjusted
to equal the full amount of the recalculated fee including the
repayment by the Consultant of any overpayment to the Consultant.
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IN WITNESS THEREOF 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
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in the presence of )
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CONSULTANT
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J~n M. H cki, OM, P. Eng. I Vice-President
TOTTEN SIMS HUBICKI ASSOCIATES (1981) LIMITED
THE CORPORATION OF THE TOWN OF NEWCASTLE
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