HomeMy WebLinkAboutEGD-038-11 Leading the Way
REPORT
ENGINEERING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 28, 2011 Resolution #: , 1
Report M EGD-038-11 File #: By-law M
Subject: PROCESS FOR EXTERNAL ENGINEERING SERVICES
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-038-11 be received for information.
Respectfully by,
A n ,
Submitted by: A.S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/jb
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-038-11 PAGE 2
1.0 INTRODUCTION
At the GPA meeting of October 17, 2011 the following resolution was approved:
"THAT Staff report on the Tendering/Request for Proposal process for external
engineering services."
2.0 BACKGROUND
2.1 EXISTING AECOM AGREEMENT
External Engineering Services are currently covered under an agreement with
AECOM which is expressly incorporated into the Purchasing By-law. AECOM
provides specific and specialized engineering services primarily for the
Engineering Department under this agreement, which has been in place since
1991. Council endorsed the continuation of the agreement, noting the history
and value of the existing agreement in 2008 through EGD-041-08, a copy of
which is attached for reference as Attachment #1. The Director of Engineering
Services is responsible for administering the agreement.
2.2 PREVIOUS CONSIDERATION
Prior to recommending the amendment of the existing agreement the Director of
Engineering Services evaluated the performance of AECOM and the value of the
service provided. At that time the following criteria were considered:
• The exclusive nature of our agreement with AECOM. The Engineering
Department cannot place the Municipality's best interests at risk by working
with a consultant who has not made a commitment to work with us
exclusively. This requires that the consultant we use must agree not to bid on
projects, sometimes very lucrative projects, with developers that we deal with,
given that the Municipality's position could be significantly compromised by
any potential conflicts of interest
• As our exclusive consultant AECOM is able to represent the Municipality at
OMB hearings, providing expert testimony without the risk of a conflict of
interest
REPORT NO.: EGD-038-11 PAGE 3
• The quality of AECOM's work has been above and beyond our expectations
including their customer service and problem resolution skills (ie. Old
Bowmanville Neighbourhood revitalization project).
• Tendering the contract publicly could result in increased hourly rates given
the rates in the agreement are below current industry standards
• A strong working relationship has developed between AECOM Cobourg staff
and municipal staff such that minimal direction is required and background
materials are typically available within their files because of their involvement
in prior work for the Municipality
• AECOM has provided timely service often juggling priorities to deal with
changing and immediate Municipal needs
As the Director of Engineering Services I have the professional responsibility to
select and evaluate the team members and resources that we employ in
providing expert engineering services to the Municipality of Clarington. My
experience over many years has allowed me the opportunity to assess and
ensure that those we rely upon have gone beyond competence so as to
engender my total and complete confidence. Through an ongoing process of
stringent evaluation AECOM has earned our confidence time and again through
a level of impeccable professional excellence and integrity that has served us
well and earned them the right to be considered by me to be an essential and
valued part of our team.
3.0 TENDER/RFP PROCESS
The current agreement has provisions for termination or suspension. An
adequate evaluation period would be required to facilitate the development of an
appropriate RFP that represents the key elements of the existing agreement. As
the services rendered under the current agreement represent a significant
investment in physical infrastructure and development and implementation of
Municipal vision the criteria for selection of the preferred consultant would have
to include a significant quality based weighting criterion as well as taking price
into consideration.
REPORT NO.: EGD-038-11 PAGE 4
Should AECOM be replaced as the Municipal Engineering Consultant as a result
of the formal tender process it would be essential that any agreements that we
enter into with other consultants be exclusive in nature to prevent against conflict
of interest issues. The need for an exclusive agreement may limit the numbers of
engineering firms to enter into the tender process, potentially undermining any
intent to obtain a best possible pricing through a larger pool of engineering firms.
Furthermore it would be important to consider that a lengthy transition period
would be required to transfer projects to the successful consultant who would not
be in a position to offer the significant history and background of Clarington's
infrastructure.
Additional municipal staff would also be required for the Engineering Services
Department and potentially the Purchasing Department to aid in the transition of
service.
4.0 CONCURRENCE
The Director of Corporate Services has been consulted on the contents of this
report and expresses concern with the potential need for additional staff required
within the Purchasing Division to deal with the increased workload associated
with the tender process.
5.0 CONCLUSION
In consideration of the concerns identified, it is prudent to remain with the existing
arrangement with AECOM. Should it be Council's direction to tender the external
engineering services, sufficient time would be required to develop the specs,
issue the RFP/tender, allow time for a comprehensive bid submission, assess the
bids and finally report on the final recommendation of an award for a new
contract. It is expected that the entire process would require approximately 12
months to complete.
REPORT NO.: EGD-038-11 PAGE 5
CONFORMITY WITH STRATEGIC PLAN —The recommendations contained in this
report conform to the general intent of the following priorities of the Strategic Plan:
Promoting economic development
x Maintaining financial stability
Connecting Clarington
Promoting green initiatives
x Investing in infrastructure
Showcasing our community
Not in conformity with Strategic Plan
Staff Contact: Tony Cannella, Director of Engineering Services
Marie Marano, Director of Corporate Services and/or
Attachments:
Attachment 1 - Report EGD-041-08
ATTACHMENT NO.A
REPORT NO.: EGD-038-11
E MEN RULJ
M I' 1 ,%T
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Leading the Way
ENGINEERING SERVICES DEPARTMENT
Meeting: General Purpose and Administration Committee
Date: October 6, 2008 Resolution #:6
Report#: EGD-041-08 File#: By-law #AD d 9
U0 -/_7
Subject: TSH MERGER WITH AECOM CANADA LIMITED - AMENDMENTS TO
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES AND
RELATED AMENDMENTS TO THE PURCHASING BY-LAW
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT report EGD-041-08 be received;
2. THAT amendments to the Agreement for Professional Consulting Services between
the Corporation of the Municipality of Clarington and Tottem Sims Hubicki (1991)
Limited by replacing the corporate name "Totten Sims Hubicki Associates (1991)
Limited" and the letters "TSH" with "Aecom Canada Limited" wherever the former
corporate name and letters appear and the other amendments referred to in this
Report, be approved;
3. THAT a by-law be passed (Attachment 2) to authorize the Mayor and the Municipal
Clerk on behalf of the Municipality of Clarington to execute a Professional Consulting
Services Agreement with Aecom Canada Limited in the form and with the content of
the Agreement contained in Attachment 1 which contains the amendments referred
to in Recommendation 2; and
4. THAT a by-law (Attachment 3) be passed to amend Sections 1 and 28 of the
Purchasing By-law 2006-127 as recommended in section 5.3 of this Report.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-9282
REPORT NO.: EGD-041-08 PAGE 2
Respectfully by,
Submitted by: A.S. Cannella Reviewed by: Franklin Wu
Director of Engineering Services Chief Administrative Officer
ASC/jb
September 15, 2008
REPORT NO.: EGD-041-08 PAGE 3
i
E
1.0 BACKGROUND AND PURPOSE
I
1.1 Clarington's principal engineering and related professional services consulting firm,
i
Totten Sims Hubicki Limited ("TSH"), has been acquired by Aecom Technology
Corporation. As of October 1, 2008, the services now provided by TSH to the
Municipality, will be provided by the same staff operating under the corporate name
Aecom Canada Limited ("Aecom Canada"). This Report recommends that Council
approve amendments to the current Agreement for Professional Consulting Services
between the Municipality of Clarington and Totten Sims Hubicki Associates (1991)
Limited dated September 1, 1993 ("TSH Agreement") and pass amendments to the
Purchasing By-law 2006-127 to the change in the corporate name to "Aecom Canada
Limited". Amendments to the Agreement for Professional Consulting Services are
necessary because Aecom Canada and Totten Sims Hubicki Associates (1991) Limited
are separate legal persons. The TSH Agreement does not permit it to be assigned
without the consent of the Municipality and TSH.
1.2 Certain technical amendments have been made to update the terms of this Agreement
including an increase in the amount of the liability insurance that is required to be
consistent with the Municipality's current insurance requirements.
1.3 Amendments to the Purchasing By-law are necessary because Sections 1 and 28 of
this by-law now refer to the TSH Agreement since the services now provided by TSH
will be provided by Aecom Canada from October 1, 2008, Sections 1 and 28 of the
Purchasing By-law will need to be amended to reflect this fact.
1.4 TSH's key staff who now provide consulting services to the Municipality will continue to
do so after October 1, 2008, operating under the corporate name of Aecom Canada.
1.5 The recommended amendments both to the Agreement and the Purchasing By-law
referred to above are essentially of a housekeeping nature.
REPORT NO.: EGD-041-08 PAGE 4
2.0 INTRODUCTION
2.1 The Municipality and TSH have shared a professional relationship since the
i
incorporation of the Municipality on January 1, 1974 prior to the incorporation of the
Municipality. TSH provided consulting services to the former Townships of Clarke and
Darlington.
2.2 TSH has responded effectively and expeditiously to the needs of the Municipality's
increasing population and infrastructure requirements by providing a broad range of
professional consulting services to the Municipality in respect of public works
undertaken by the Municipality. The services provided by TSH also include assisting the
Municipality's staff in the preparation of background studies related to the passing of
Development Charges By-laws. Their work has been essential in the preparation of
these background studies.
3.0 BENEFITS FROM THE RELATIONSHIP WITH TSH
3.1 TSH's accumulated experience with the implementation of Clarington's public works
programs have allowed TSH's staff to gain an intimate knowledge of the Municipality's
infrastructure. This knowledge is put to use with each new project undertaken for the
Municipality by minimizing the need to research existing infrastructure and by enabling
TSH's staff to conceptualize solutions based on a fully integrated understanding of the
Municipality's current and historical needs.
3.2 TSH has been successful in completing assignments on schedule and on budget. I fully
expect that Aecom Canada will continue to do so after October 1, 2008. Cost-effective
services have been provided by TSH. I expect that after October 1, 2008, Aecom
Canada will also provide cost-effective services.
3.3 Very importantly, TSH has worked diligently to liaise with residents affected by projects
in which it has been involved, during both design and construction phases, to ensure
that all issues and concerns are dealt with in the most satisfactory manner possible. The
result of this effort has provided TSH with an excellent track record in community
relations, one that is confirmed in the minimal number of calls and concerns the
Municipality has received from residents as a result of TSH projects over the years. I
REPORT NO.: EGD-041-08 PAGE 5
expect that Aecom Canada will match TSH's track record in this regard after October 1,
2008.
4.0 AECOM CANADA
4.1 in addition to TSH, Aecom Technology Corporation has acquired other consulting
companies which provide related professional consulting services under the names
} UMA, GLL, Cansult, KMK and Earth Tech. Each of them will also operate as part of
Aecom Canada. As a result, Aecom Canada will be one of the largest group of
engineers, architects, planners, technologists, technicians and support staff available to
clients within Ontario.
4.2 As is currently the case with TSH, Aecom Canada will continue the practice of reviewing
with the Director of Engineering Services, on a case by case basis, any potential work
for private sector clients and . other levels of government whose jurisdiction
encompasses the Municipality of Clartngton, to ensure that no conflict of interest will
arise.
5.0 PURCHASING BY-LAW 2006-127 AMENDMENTS
5.1 Section 28 of the Purchasing By-law provides that:
"For clarity, none of the provisions of this By-law is intended to or shall be
deemed to affect any provisions of, or the rights, obligations and responsibilities
of the parties to the TSH Agreement including the responsibilities of the official of
the corporation named in the TSH Agreement."
5.2 Section 1 of the Bylaw defines "TSH Agreement" to mean the agreement between the
Corporation and Totten Sims Hubicki Associates (1991) Limited dated September 1,
1993.
5.3 If Council approves my recommendation in effect to replace the corporate name of
"Totten Sims Hubicki Associates (1991) Limited" with the corporate name of "Aecom
Canada Limited", similar amendments should be made to Sections 1 and 28 of the
Purchasing By-law.
REPORT NO.: EGD-041-08 PAGE 6
6.0 RECOMMENDATIONS
6.1 1 recommend that Council approve amendments to the Agreement for Professional
Consulting Services between the Corporation of the Municipality of Clarington and
Totten Sims Hubickl Limited to replace "Totten Sims Hubicki (1991) Limited" with
"Aecom Canada Limited" wherever the former corporate name appears and the other
amendments referred to in this Report.
6.2 1 recommend that Council authorize the execution of a new Agreement with Aecom
Canada Limited which incorporates these amendments. A copy of the recommended
Agreement for Professional Consulting Services with Aecom Canada Limited is
contained in Attachment 1 to this Report.
6.3 1 recommend that the Purchasing By-law 2006-127 be amended as set out in section
5.3 of this Report.
Attachments:
Attachment 1 - Recommended Professional Consulting Services Agreement with Aecom
Canada Limited
Attachment 2 - By-law to authorize the execution of the Professional Consulting Services
Agreement with Aecom Canada Limited
Attachment 3- By-law to amend Purchasing By-law 2006-127
List of Interested Parties:
ATTACHMENT NO.: I
REPORT NO., EGD-041-(W
PAGE 1 OF 13
AGREEMENT
FOR
PROFESSIONAL CONSULTING SERVICES
MEMORANDUM OF AGREEMENT dated the le day October A.D.2008
-BETWEEN-
THE CORPORATION OF THE MUNICIPALI'T'Y OF CLARINGTON
(hereinafter called the"Client')
THE PARTY OF THE FIRST PART
-AND-
AECOM CANADA LIMITED
(hereinafter called the"Consultant")
THE PARTY OF THE SECOND PART
WHEREAS the Client intends to retain the Consultant to provide Professional Engineering Services for
various Municipal Projects on a continuous basis and as specifically assigned by the Director of
Engineering Services the Consultant agrees to fiunish 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:
ARTICLE I-GENERAL CONDITIONS
1.01 Retainer
The Client hereby retains the services of the Consultant in connection with the specific Projects
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 employed
by the Client.
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1.02 Services
The services to be provided by the Consultant and by the Client for the Projects are generally set
forth in Article 2.
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 skillfully 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 3.2.3 of Article 3,drawings and documents or copies thereof required for the
Projects 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 Projects 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 a 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
Projects.
(b)The 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 disbursements for which the Consultant claims payment under this Agreement.
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1.Og Suspension or Termination
The Client may by providing 30 days 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 these reasonably necessary to
close out his Services.
1.09 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.
1.10 Insurance and Limit of Liability
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$5,000,000.00 for Commercial General Liability and
$5,000,000.00 for Non-Owned Automobile Insurance.The Client shall be added to the
Consultant's Comprehensive General Liability and Non-owned Automobile Insurance as an
Additional Insured respecting insured activities or events related to the performance by the
Consultant of its duties under this Agreement.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$5,000,000.00 for Professional Liability
Insurance.The Client shall be added to the Consultant's Professional Liability Insurance
respecting activities or events related to the performance by the Consultant of its duties under
this Agreement.When requested the Consultant shall provide to the Client proof of
Professional Liability Insurance carried by the Consultant,and in accordance with APBO
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 a specific 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 3.2.3.
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iIt is understood and agreeed that the coverage provided by these policies will not be changed
or amended in any way nor cancelled by the Consultant until(30)days after written notice of
such change or cancellations has been personally delivered to the Client.
1.11 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 a Project,or have an interest
either directly or indirectly in the construction of the Project.
1.12 Assignment
Neither party may assign this Agreement without the prior consent in writing of the other.
1.13 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.
1.14 Approval 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,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.
1.13 Specialized Services
The Consultant may engage others for specialized services provided that prior approval is
obtained,from the Client and may add a mark-up of not more that 5%of the cost of such
services to cover office administration costs when claiming reimbursement from the Client,plus
the cost of the additional insurance incurred by the Consultant for the specialized services.
1.16 Inspection
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 a Project and the
premises where they are being performed.
1.17 Publication
The Consultant agrees to obtain the consent of the Client before publishing or issuing any
detailed information regarding a Project.
1.18 Confidential Data
5
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 for herein. No such information shall be used by the Consultant on any other
project without the approval in writing of the Client.
1.19 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 specific 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 Arbitration Act,S.O.,1991,c.17,as amended shall apply.
1.20 Time
The Consultant shall perform the Services expeditiously to meet the requirements of the Client
and shall complete 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.
1.21 Estimates,Schedules and Staff List
1.21.1 Preparation of Estimate of Fees,Schedule of Progress 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)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 Projects. Such list shall designate the member of the
Consultant's staff who is to be the liaison person between the Consultant and the Client.
1.21.2 Monthly Reporting 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.
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ARTICLE 2-SERVICES
2.1 Consultant's Services for Preliminary Design
The Consultant shall provide the services for the preliminary design of projects and such work
shall include the following,unless already covered during a feasibility study:
1. Preparation and recommendation of alternative concepts and designs considering geometrics-
property,cost and environmental features.
2. Development and recommendation of horizontal and vertical alignments for the Project on a
plan scale acceptable to the Client.
3. Proposed typical sections for the roadway,structures,rights-of-way,entrances,intersecting
roads and other cross section elements.
4.. Preparation of a design criteria.
5. Existing soils data shall be assembled and evaluated.
6, Preparation and distribution of minutes of Project meetings.
7. Correspondence with governmental ministries,agencies and other public authorities for
design information.
8. General drainage requirements.
9. Preliminary property right-of-way requirements.
10.Majority utility installations and adjustments.
11.Survey work necessary for the provision of services herein and,
a) For the assessment and verification of feasibility of engineering alternatives considered
for the Project.
b) To provide sufficient survey reference points clear of the expected construction area to
allow future re-establishment of the alignment proposed for the Project.
c) To establish elevation control bench marks clear of the expected construction area
sufficient to allow referencing of further detailed elevation information,and the
development and control of elevations of the Works to be constructed under the Project.
12.Preparation of structural site plans with necessary geometric design data for structural design
purposes and preliminary project cost estimates.
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2.2 Client's Services for Preliminary Design
The Client shall provide the Consultant with documentation(if available)described as follows;
1. Functional Study or Predesign Investigation undertaken for the Work.
2. Access to and the use of existing plans,profiles,utility information,legal documents and
correspondence relevant to the Work,
3. Traffic information.
4. Available Traffic or Transportation Study Reports of the area.
5. Available Functional Planning,Preliminary Design Reports and/or drawings of adjoining
Projects.
6. General direction of the Consultant in the provision of services and approvals from time to
time as necessary during the currency of this agreement. >
The Consultant shall be entitled to rely upon the information,direction and approvals provided
by the Client pursuant to Clauses(1)to(6)hereof,inclusive,as being accurate,in the
performance of the Consultant's services under this Agreement.
2.3 Consultant's Services for Detailed Design
The services to be provided by the Consultant in the execution of the design for specific Projects
shall include:
1. Expertise required for the design of the structure and all roadways and facilities to serve the
best interests of the public,with due regard for environmental concerns,capital cost and
operating efficiency in accordance with current state of the art and acceptable standards
established by the Client and regulatory authorities.
2. 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 culvert,ditches,drains and storm sewers and the
positioning of all appurtenances associated with the construction of the Project.
3. 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 5 of Section 2.4.
Underground utilities are to be indicated on the plans and profiles in accordance with
information submitted by the respective utility.
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4. 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 judgment,deems advantageous to the Client.
5. The preparation of appropriate plans showing any lands or interests in land required for the
I Project.
b. Advising the Client of the need to seek permission to enter private lands for investigation
purposes.
7. 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,
S. The preparation of contract documents for the Project including the detailed construction
drawings,tender quantity forms,material lists,specifications and information to bidders.
9, The preparation of detailed quantity and cost estimates,sundry engineering and materials.
10.The provision of one complete set of tendering documents and one complete set of
reproducible drawings for the Project.
11.The preparation of reinforcing steel bar lists for structures.
12.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.
13.Advice and consultation to the Client in the advertising,receiving and evaluation of bids,and
awarding of a contract for construction.
2A Client's Services for Detailed Design
The Client shall provide the Consultant with documentation(if available)described as follows:
1. Access to and,where necessary,copies of existing plans,profiles or other topographic
information showing or pertaining to existing conditions within the Project area.
2. Registered land plans,legal documents and surveys,where necessary,defining the property
Emits 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.
3. general direction of the Consultant in the provision of the services.
4. Soils,foundation and hydrological reports where required,for the proper design of the
Project.
5. Any information regarding utilities necessary for the preparation of the plans referred to in
Section 2.3 in the possession of the Client.
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6. 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.
7. 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 5 hereof,inclusive,as being accurate,in the
performance of the Consultant's services under this agreement.
2.5 Consultant's Services for Construction Administration
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
examination 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 of general review are as follows:
(a)Administrative Services
1. Consultation in the tendering of a contract for Projects.
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.
5. 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.
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2. Surveying and field stakeout for the layout control points,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 judgment of acceptability of
said materials.
5. On-site tests during the construction of the work to verify acceptability according to the
specifications.
6. The assignment of the necessary field inspectors 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.
9. The preparation and submission to the Client of one complete set of reproducible,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 or
completeness of field change information supplied(or to have been supplied)by persons
not in the Consultant's employ.
2.6 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.
1. Supplementary factors governing the Contractor's operations,such as by-laws,property
considerations,maintenance of public services and traffic.
2. General direction of the Consultant in the provision of the services.
3. 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.
4. Designate in writing an Individual to act as his Representative,who will transmit instructions
to,and receive information from,the Consultant.
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The Consultant shall be entitled to rely upon the information,direction and approvals provided
by the Client pursuant to Clauses 1 through 4 hereof,inclusive,as being accurate,in the
performance of the Consultant's services under this Agreement.
2.7 Consultant Services for Review of Plans of Subdivision and Development Site Plans
The Consultant shall review and provide comment to the Client on Plans of Subdivision and Site
Plans prepared by Developers and/or their Consultant. The extent of the review shall be as
directed by the Client.
2.8 Consultant Services
The Consultant shall provide advisory services and prepare reports as directed to assist the Client
on projects as requested, This may include surveying,negotiations to purchase property,
computer services,road needs study,development charges,transportation reports,master
stormwater drainage reports or any project associated with Engineering,Architectural and Urban
Planning disciplines.
2.9 Environmental Assessments
The Consultant shall perform duties and prepare reports as required under Provincial Regulation
of the Environmental Assessment Act.
ARTICLE 3•FEES AND DISBURSEMENTS
3.1 Definitions
For the purpose of this Agreement,the following definitions shall apply:
(a) Payroll Cost
Payroll Cost is defined as hourly salary plus payroll burden of 26.32%to cover vacation,
statutory holidays,health and medical insurance,group life and disability insurance,
company and Canada pension employer contributions,Workers'Compensation and
Unemployment Insurance,but excluding bonuses or profit sharing.
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:
(a) Staff on normal assignments-Payroll Cost plus 70%.
3.2.1.2 Time Expended
All time expended on assignments,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
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limited to,stenographic and clerical staff engaged in the preparation of documents such as
reports,and specifications.
3.2.2 Computer Services
Computer services,except where a computer is used for design tinder the percentage fee scale or
for the Consultant's normal office administration,shall be considered a reimbursable expense.
3.2.3 Reimbursable Expenses
in addition to the fee,the Consultant shall be reimbursed at cost for all expenses properly
incurred by him in connection with projects,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 Payment
33.1 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 Nil per month on overdue accounts.
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IN WITNESS WHEREOF the parties hereto have caused to be executed these presents by
their officers properly authorized in that behalf on the day and year first above written.
CONSULTANT: AECOM CANADA LIMITED
Per:
Name: Office:
Per:
Name: Office:
IlWe have the authority to bind the Corporation.
CLIENT: THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
Tim Abernethy,Mayor
Patti L.Barrie,Municipal Clerk
We have the authority to bind the Corporation,
ATTACHMENT NO.: 2
REPORT NO.: EGD-041.08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
i
BY-LAW NO.2008-XXX
being a by-law to authorize the Mayor and the Municipal
Clerk on behalf of the Municipality of Clarington to execute
an Agreement for Professional Consulting Services between
the Municipality of Clarington and Aecom Canada Limited.
WHEREAS at Its meeting on October 14th, 2008, Council of the Municipality of
Clarington received and approved Report EGD-041.08 entitled `TSH merger with
Aecom Canada—Amendments to Agreement for Professional Consulting Services with
TSH and related amendments to the Purchasing By-law";
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT the Mayor and Municipal Clerk on behalf of the Municipality of Clartngton
are authorized to execute an Agreement for Professional Consulting Services
between the Municipality of Clarington and Aecom Canada Limited In the form
and with the content of the Agreement contained in Attachment 1 to Report EGD-
041-08.
By-law read a first and second time this 14th day of October,2008.
By-law read a third time and finally passed this 14"'day of October,2008.
Jim Abernethy, Mayor
Patti.L.Barrie, Municipal Clerk
y
ATTACHMENT NO.' 3
REPORT NO.: EGD-041-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO.2008-XXX
being a by-law to amend the Purchasing By-law 2006-127
WHEREAS at its meeting on October 14,2008,Council of the Municipality of Clarington
received and approved Report EGD-041-08 entitied'TSH merger with Aecom Canada--
Amendments to Agreement for Professional Consulting Services with TSH and related
amendments to the Purchasing By-law';
NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the
Municipality of Clarington enacts as follows:
1. THAT Section 1 of the Purchasing By-law 2006-127 be deleted and replaced
with the following:
"Aecom Canada Agreement — means the Agreement for Professional
Consulting Services between the Corporation and Aecom Canada Limited
dated September 29,2008:'
2. THAT Section 28 of the Purchasing By-law 200 6-127 be amended by deleting
"TSH Agreement"from its heading and text and replacing these references with
"Aecom Canada Agreement'wherever the term'TSH Agreement"appears.
By-law read a first and second time this 10 day of October,2008.
By-law read a third time and finally passed this 14"'day of October,2008.
Jim Abemethy, Mayor
Patti L.Barrie Municipal Clerk