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HomeMy WebLinkAboutWD-75-82 4 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263.2231 LOB 1J0 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 1982. REPORT NO. WD-75-82. SUBJECT: HIGHWAY NO. 2 CONNECTING LINK (KING STREET) VILLAGE OF NEWCASTLE. RECOMMENDATION: It is respectfully recommended: 1 . That a by-law be passed authorizing the Mayor and Clerk to execute an Agreement with the firm of Totten, Sims, Hubicki Associates (1981) Limited, for consulting services in respect of the design of the King Street Connecting Link in the former Village of Newcastle, and; 2• That two (2) copies of the executed Agreement be forwarded to the Ministry of Transportation & Communications' District No. 6 Municipal Engineer, and one(l) copy be forwarded to the Consultant. REPORT: On construction projects of the magnitude of the King Street Connecting Link in the former Village of Newcastle, the Town utilizes the services of a consultant engineering firm. All the necessary preliminary investigations, cost estimates and related q' meetings on the project have been performed by Totten, Sims, Hubicki G,t,��` ��`� WD-75-82 _ 2 _ I � Associates (1981) Limited, which firm, as the Town's Consultant, will undertake the performance of the final design, preparation of contract documents and supervision of the ultimate project. It is necessary that, in order to formalize this arrangement and ensure full subsidy applicable to connecting link construction, the attached Agreement must be executed by the Town. Respectfully submitted, Z�e - R.G. Dupuis, P. Eng. , Director of Public Works, eptember 2, 1982. RGD:vh AL 2 Ontario Ministry of District No, 6 Transportation and 5000 Yonge Street Communications Willowdale, Ontario i M2N 6E9 Tel: 224-7456 July 23, 1982 i Mr. R.G. Dupuis, P.Eng. , Director of Public Works, Corporation of the Town of Newcastle, Public Works Department, Hampton, Ontario LOB 1JO i Dear Sir: Re: Town of Newcastle - Highway.2 King Street from Baldwin St. to Beaver St. The Minister has approved the addition of this .project to the 1982/83 King's Highway Connecting Link Program, Funding allocated is as follows: 1982/83 $20,000.00 1983/84 $280,000.00 This will permit the Town to proceed with the design this fiscal year and construction in 1983/84, Yours truly, i I W.W. Osborn, P.Eng. , WWO/jlp District Municipal Engineer CC: Mr. Sam, L. Cureatz, M.P.P. i i i r G.L.TOTTEN B.Sc.,P.Eng. ❑ R.E.SIMS B.A.Sc.,P.Eng, J.M.HUBICKI B.A.Sc.,P.Eng. NEI R.L.WINDOVER M.Sc.,P.Eng. P.C.EBERLEE B.A.Sc.,P Eng, CONSULTANTS 1A KING STREET EAST P.O. BOX 398 COBOURG, ONTARIO, K9A 40 totter suns hubicki associates limited TELEPHONE (416) 372-2121 Mr. R.G. Dupuis, P.Eng. , Director, Public Works Department, Corporation of the Town of Newcastle, Municipal Building, HAMPTON, Ontario. LOB 1JO • -F August 31, 1982 L � Dear Sir: Re: Corporation of the Town of Newcastle, K.H. #2, King Street, Newcastle, Provincial Connecting Link. We enclose herewith four (4) copies of Form OB-MR-163 (Revised May 1978) Agreement for design services relative to the proposed reconstruction of the subject project. The enclosures have been signed by our company signing officer and similarly requires endorsement by your Municipality's signing officers. Subsequently, two copies should be forwarded to the Ministry of Transportation & Communications for approval. Kindly return one (1) duly approved copy to this office for our records. We shall be proceeding with the site survey on approximately September 13, 1982 and shall promptly prepare preliminary design concepts for your review. As suggested it would be advantageous to schedule a meeting with the Newcastle B.I.A. and other interested parties on completion of the preliminary design. This matter shall be discussed with you further at a later date. Please contact the undersigned at your convenience should you wish to discuss any details related to this project. Yours truly, D.R. Bourne DRB/lb Encl. 9 THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NUMBER 82-122 1 being a by-law to authorize the entering into of an i f Agreement with the firm of Totten, Sims, Hubicki Associates (1981) Limited. The Council of the Corporation of the Town of Newcastle ENACTS AS FOLLOWS: 3 1. That the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Town of Newcastle, and seal with the Corporation's seal, an Agreement with the firm of Totten, Sims, Hubicki Associates, (1981) Limited for consulting services in respect of the design of the King Street Connecting Link in the former Village of Newcastle, dated the day of 1982, in the form attached hereto as Schedule "X". 2. That Schedule "X" attached hereto forms part of this by-law. i i j BY-LAW read a first time this 20th day of September, 1982 BY-LAW read a second time this 20th day of September, 1982 BY-LAW read a third time and finally passed this 20th day of September, 1982. i G. B. Rickard, Mayor I D. W. Oakes, Clerk i I I i j I i SCIICDUUE _a� '- OB-tat-163 TIME BASIS REVISED MAY 1978 AGREEMENT FOR { PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF ROAD AND BRIDGES MMORANDUM OF AGREEMENT dated the 19th day of August A.D. 19 82 The Corporation of the Town of Newcastle, BETWEEN ' 40 Temperance Street, Bowmanville, Ontario, L1C 3A6 hereinafter called the "Client" -AND- Totten Sims Hubicki Associates 3(1981) Limited, lA King Street East, Cobourg, Ontario, K9A 4L1 hereiaaf ter called the "Consultant" ' WHEREAS the Client intends to construct Provincial Connecting Link K.H. U2, King Street (Baldwin Street to 530 200 metres east metresr Street), Newcastle. Approximate length - ranular, Construction shall consist of grading, g storm sewers, curb/gutters, hot-mix paving, sidewalks and traffic signal upgrading. i i called the "Project" and has requested the Consultant to hereinafter furnish professional services in connection therewith; � NOW THEREFORE h*ITNESSETH that in consideration of the mutual ontained herein, the Client and the Consultant premises and covenants c mutually agree as follows: 1 { i i j i OB-MR-163 REVISED MAY 1978 -2- . ' ARTICLE 1 - GENERAL CONDITIONS 1.1 Retainer The Client hereby retains the services of the Consultant in connection with the Project and the Consultant hereby agrees to provide the engineering services described herein under the general direction and control of the Client. 1.2 Services The design services to be provided by the Consultant and by the Client for the Project are set forth in Article 2 and such services as changed, altered or added to, under Sections 1.8 and 1.9 are hereinafter called the "Work". 1.3 Compensation The Client shall pay the Consultant in accordance with the provisions set forth in Article 3. 1.4 Staff and Methods The Consultant shall use the best available methods in performing the Work and shall employ only skilled and competent staff thereon who will be under the supervision of a senior member of the Consultant's staff. 1.5 Drawings and Documents Subject to clause (e) of Section 3.3 drawings and documents or copies thereof required for the Work shall be exchanged between the parties on a reciprocal basis, and those prepared by the Consultant for the Client shall be the property of the Client free of all claims by the Consultant of any nature and kind whatsoever. i 1.6 Records and Audit (a) In order to provide data for the calculation of fees on a time basis, the Consultant shall keep a detailed record of the hours worked by, and salaries paid to his staff, employed on the Work. (b) The Client may inspect and audit the books, payrolls, accounts and records of the Consultant at any time with respect to any item which the Client is required to pay on a time scale or disbursement basis as a result of this Agreement. I (c) The Consultant, when requested by the Client, shall provide copies of receipts in respect to any disbursement for which the Consultant claims payment under this Agreement. 1.7 Estimate of Fees, Schedule of Progress, Principals and Executive Engineers and Staff List 1.7.1 Preparation of Estimate of Fees, Schedule of Progress and Staff List I The Consultant, within fourteen days of the execution of this agreement, shall provider I Ott-MR-163 REVISED MAY 1978 -3_ i (a) An estimate of the total fees to be paid for the Work. (b) A schedule showing the portion of the Work to be completed in each month. (c) A staff list showing the number, classifications and salary range of staff, for which the Consultant will seek payment on a time basis. The Consultant shall relate such information to the particular type of work that such staff is to perform, while employed on the Work. Upon approval of such staff list, by the Client, the staff of the Consultant shall be employed on the Work in accordance with such staff list. 1.7.2 Approval of Estimate of Fees. Schedule of Progress and Staff List The Consultant shall not receive any payment of fees until approval, in writing, is issued by the Client, for the above estimate of fees, schedule of progress and staff list. 1.7.3 Subsequent Changes in the Estimate of Fees, Schedule of Progress and Staff List The Consultant will require prior approval, in.writing, by the Client for any of the following changes; (a) Any increase in the estimated fees beyond those approved under Subsection 1.7.2. (b) Any change in the schedule of progress which results in a longer design period than approved in Subsection 1.7.2. 1.7.4 Monthly Reporting of Progress — I The Consultant shall provide the Client with a monthly written report showing the portion of the Work completed in the preceding month. 1.8 Changes and Alterations The Client may in writing and at any time before or after the execution of this Agreement or the commencement of the design of the Work, delete, extend, increase, vary or otherwise alter the design of the Work forming the subject of this Agreement, and if such action by the Client necessitates additional staff or work, the Consultant shall be paid in accordance with Section 3.2 for such additional Staff employed directly thereon, together with such expenses and i disbursements as allowed under Section 3.3. I 1.9 Additional Services The Client may require the Consultant to perform services in addition to those required in Section 2.1 and in such cases the Client shall pay to the Consultant in accordance with Section 3.2 for any of the Consultant's staff employed directly upon such additional service, together with such expenses and disbursements allowed under Section 3.3. l , 03-MR-163 REVISED KAY 1978 -4- I 1.10 Suspension or Termination The Client may at any time by notice in writing to the Consultant, suspend or terminate the Work or any portion thereof at any stage of the undertaking and the Consultant shall thereupon be entitled to payment in accordance with Section 3.2 for any of the Consultant's staff employed directly thereon together with such expenses and disbursements i allowed under Section 3.3. I 1.11 Damages I ' I 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. i 1.12 Contracting for Construction Neither the Consultant nor any associated, affiliated or subsidiary person, firm or corporation shall tender for the construction of the Project, or have an interest either directly or indirectly in the construction of the Project. 1.13 Assignment . This Agreement or any portion thereof shall not be assigned or sublet without the consent in writing of the Client. 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 or the execution of the design thereof. 1.15 Approval by Other Authorities Where the design of the Project is subject to the approval of an authority, department of government or agency other than the Client, such approval shall be obtained through the offices of the Client and unless authorized by the Client in writing, such approval shall not be obtained by direct contact by the Consultant with such other authority, department of government or agency. 1.16 Time i The Consultant shall perform the Work expeditiously to meet the requirements of the Client and shall complete any portion or portions of the Work in such order as the Client may require and the Client shall have the right to take possession of and use any completed or partially completed portions of the Work notwithstanding any provisions expressed or implied to the contrary and in any event, the Consultant shall execute the Work and deliver to the Client the completed drawings and documents required for the Project on or before the 28th day of February A.D. 19 83 I 1 1 i OB-MR-163 REVISED MAY 1978 -g- 1.17 Principals and Executive Engineers The use of principals and executive engineers, on a time basis during the course of design by the Consultant, will be subject to approval, in writing, by the Client prior to performing the Work. 1.18 Specialized Services The Consultant may engage others for specialized services provided that prior approval is obtained, in writing, from the Client and may add a mark-up of not more than 3% of the cost of such services to cover office administration costs when claiming reimbursement from the Client. 1.19 Inspection The Client or persons authorized by the Client, shall have the right at all reasonable times to inspect or otherwise review the Work performed or being performed, under the Project and the premises where it is being performed. 1.20 Publication The Consultant agrees to obtain the consent of the Client before publishing or issuing any account of the Project. 1.21 Patents f (1) The Consultant shall make a prompt written disclosure of any patentable invention, improvement or discovery conceived or first actually reduced to practice in the performance of the Project and shall submit separately, or as part of the final report on the Project, a complete list of all such inventions, improvements and discoveries, including those previously disclosed. (2) Subject to item 3 (below) any patentable rights or other rights in any invention, improvement or discovery conceived or actually reduced to practice in the performance of the Project, shall be the property of the Consultant. (3) The Consultant, upon request in writing, shall grant to the Client, for itself, the Province or any other municipality in Ontario, pursuant to any statute of the Province an irrevocable, non-exclusive, royalty-free licence to practise any invention, im rov event or discovery conceived or actually reduced to practice, in the performance of the Project, in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method, but such licence shall not include the right to 'sub-license. i I j i I I • i I 1 OB-MR-163 REVISED MAY 1918 -6- ARTICLE 2 - ENGINEERING SERVICES 2.1 Consultant's Services for Detailed Design The services to be provided by the Consultant in the execution of the design of the Project shall include: i (a) Engineering expertise required for the analysis of all aspects of the design. I i (b) The preparation and submission to the Client of a field inspection report setting out the salient engineering features of the Work, and the engineer's proposed design methods in consideration of these features. (c) Preliminary site investigation to inspect the topographical features and to obtain information which will facilitate the choice of the most suitable structure or structures. i (d) Preparation of preliminary sketch plans and quantity estimates of alternative designs which shall be submitted to the Client for consideration and approval before proceeding with the actual detailed design of the Project. (e) Field survey work required after the design criteria and functional alignment have been established, which shall include all survey work necessary for the estimating of -quantities, the detailed setting of alignment and grade to fit controlling natural and artificial topographic and underground features, the design of culverts, ditches, drains and storm -sewers and the positioning of all appurtenances associated with the construction of the Project. (f) Drainage studies and the preparation of detailed design drawings and specifications for culverts and all necessary drainage works. (g) 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 before final detailed drawings are begun. (h) Investigation and confirmation of the present location of all above ground utilities, updating of the Client's plans and profiles to show the present location and the Proposed location, and preparation of additional drawings required for alternative utility relocation as required by the.Client subject to clause (g) of Section 2.2. (i) The preparation and submission of preliminary drawings, investigations, and recommendations to the Client, on such alternatives or modifications to the Project that the Consultant in his professional judgement, deems advantageous to the Client. i (j) The preparation of engineering plans showing any lands or interests in land required for the Project, i i I I i OB-MR-163 REVISED MAY 1978 -7- (k) Advising the Client of the need to seek permission to enter private lands for investigation purposes. (1) Participation in a reasonable number of meetings for informative, negotiative or presentative purposes with the Client in connection with the services provided under this Agreement, after the establishment of the design criteria and functional alignment. (m) The preparation of contract documents for the Project including the detailed construction drawings, tender quantity forms, material lists, specifications and information to bidders. (n) The preparation of detailed quantity and cost estimates, sundry, engineering and materials. (o) The provision of six complete sets of tendering documents and one complete set of reproducible drawings for the project. (p) Advice, consultation and assistance to the Client in the advertising, receiving and evaluation of bids, and awarding of a contract for construction. (q) The preparation of reinforcing steel bar lists for structures. (r) Where directed by the Client, in writing, review, checking and approval of the shop drawings submitted by the i construction contractor to ensure they conform with the design requirements and contract documents where the design includes structural steel or prefabricated members. (s) Incorporation, into the contract document package of design drawings and specifications of work designed by others, when required. 2.2 Client's Services for Detailed Design 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 (a) may be assigned to the Consultant under a "Preliminary Design Services Agreement", and other services herein under Section 1.9. (a) Design criteria establishing the type of roadway, number of lanes, design speed, minimum sight distance, maximum grade and maximum curvature and the desirable dimensional arrangement of pavements, medians, shoulders, rights-of- way, intersections, auxiliary turning lanes, bus bays and entrances. (b) Access to and, where necessary, copies of existing plans, profiles or other topographic information showing or pertaining to existing conditions within the Project area. i (c) Registered land plans, legal documents and surveys, where necessary, defining the property limits of existing rights-of-way and other parcels of land affected by the Project, and as required in the acquisition of property and lands for the Project. i i 0!-vR-163 ZZVISSD YUY 1978 -8- I (d) Specimen contract documents for the guidance of the Consultant in the design of the Project to the standards required by the Client. j (e) General direction of the Consultant in the provision of the services. (f) Soils, foundation and hydrological reports for bridges, where required, for the proper engineering design of I the Project. (g) Any information regarding utilities necessary for the preparation of the plans referred to in Section 2.1 in the possession of the Client. (h) Obtaining written permission where mutually agreed upon to enter private lands for investigation purposes. ARTICLE 3 - FEES AND DISBURSEMENTS 3.1 Definitions Tor the purpose of this Agreement, the following definitions shall apply: (a) Fee Calculated on a Time Basis: The fee calculated on the basis of time means that the fee shall be calculated as set out in Section 3.2 herein. (b) Payroll.Cost: Payroll cost means salary plus provision for statutory i holidays, vacations with pay, unemployment insurance, workmen's compensation, health and medical insurance, group insurance, pension plan and sick time allowance where such benefits are paid by the Consultant, but will not include any bonus or profit sharing system, 3:2 Basis of Payment 3.2.1 Fees Calculated on a Time Basis The Client shall pay the Consultant a design fee, calculated on a time basis, for that part of the Work described in j Section 2.1. Fees on a time basis shall be the sum of: iN/A - (a) Principals, executive engineers /hour (b) Consultant's staff, except principals and payroll executive engineers, while employed directly cost on that part of the Work for which the fee is X2.0 payable. 3.2.2 Payment The Consultant shall submit a monthly invoice to the Client for • any fee calculated on a time basis for that part of the Work completed during the immediately preceding month. Payment shall be made by the Client within thirty days upon receipt of the invoice. A i 1 • A i Ou-MR-163 ' REVISED MAY 1978 -9- i 3.2.3 Records Where Fee Calculated on Time Basis i Where the Consultant is to be paid a fee calculated on a time basis for any part of the Work, no part of such fee shall be I based upon any hours of Work that have not been recorded as required by Section 1.6 or upon any salary other than those salaries approved under Subsection 1.7.1. 3.2.4 Overtime Premium i Overtime shall be paid, following approval of the Client in advance of the overtime hours being worked and only for the advancement of the date of completion of the Work identified in Section 1.16. Premiums being paid will be in accordance with The Ontario Employment Standards Act and will be paid as a disbursement. 3.2.5 Compensation for Idled Staff Where the Client, under Section 1.10, suspends or terminates the whole or any part of the Work and the Client is of the opinion that, by reason of such suspension or termination, any person on the Consultant's staff who, but for the suspension or termination, would have been employed directly on the Work, cannot be usefully employed during any time within the sixty-day period immediately following such suspension or termination, the Consultant shall be paid 1502 of his payroll costs for such person, for such time up to a maximum of thirty days per person. 3.3 Disbursements The Client shall reimburse the Consultant for the following; (s) Toll charges paid by the Consultant for long distance telephone calls, telegraph messages and similar telecommunications in connection with the Work. (b) Amounts paid by the Consultant for reasonable out-of- town living and travelling expenses of the Consultant's personnel employed directly in connection with the Work where such travel has been approved by the Client. (c) Amounts paid by the Consultant for specialized consulting services for the Project, performed by others, including mark-up, provided that prior approval has been obtained in writing from the Client. (d) The cost of electronic digital computers and associated equipment used with the consent of and at rates approved by the Client, where, in the opinion of the Client, j they have been used in lieu of the staff of the Consultant. (e) The cost of reproducing drawings, photographs, reports and similar documents required by the Client. (f) Overtime remium a p payments provided the Client has given written approval in advance of the overtime hours being worked. i 1 09-?tR-143 REVISED MAY 1978 -10- i IN WITNESS WHEREOF the parties hereto have caused to I be executed those presents by their officers properly authorized in that behalf on the day and year first above written, I SIGNED, SEALED AND DELIVERED I In the presence of: ) i TOTTEjrSIMS HUBICKI ASSQ.CIATES (1981) LIMITED I I . I ri I I I � I i i i I i i I j GL TOTTEN BSC,P.Eng � i! RE SIMS U Sc,P Eng I J.M.HUBICKI 8 A SC,P Eng R L.WINDOVER M.Sc.,P.Eng. nNSNA PC EBERLEE BASc.,P.Eng. (1981) 1A KING STREET EAST P.O. BOX 398 I totten sims hubicki associates/limited COBOU G.ONTAR3O2 OA 0 i STAFF AND SALARY SCHEDULE - EFFECTIVE MAY 1 1982 a) Engineers, Project Managers, Project Supervisors, Senior Planners: Hourly Rate Range $ 8.00 to $24.04 *Employee Benefits 2.02 6.06 Total Cost Per Hour $10,02 $30.10 b) Supervisors, Senior Draftspersons: Hourly Rate Range $ 8.00 to $20.19 *Employee Benefits 2.02 5.09 Total Cost Per Hour $10.02 $25.28 c) Senior Instrumentmen, Instrumentmen, Technicians, Inspectors, q Hourly Rate Range $ 6.00 to $13.50 *Employee Benefits 1.51 3.40 Total Cost Per Hour $ 7.51 $16.90 d) Design Draftspersons, Draftspersons, Estimators, Planners: (Including Junior and Trainee) Hourly Rate Range $ 4.50 to $13.70 *Employee Benefits 1.13 3.46 Total Cost Per Hour $ 5.63 $17.16 e) Intermediate and Junior Instrumentmen, Inspectors, Lab Technicians: Hourly Rate Range $ 5.00 to $11.00 *Employee Benefits 1.26 2.77 Total Cost Per Hour $ 6.26 $13.77 f) Typists (Including Junior and Trainee): Hourly Rate Range $ 4.00 to $10.23 *Employee Benefits $ 1.01 $ 2.58 Total Cost Per Hour $• 5.01 $12.81 j I g) Field Personnel; Rodmen, Chainmen, Checkers, Weighmen: (Retained as Required) i Hourly Rate Range $ 4.00 to $ 8.00 *Employee Benefits $ 1.01 $ 2.02 Total Cost Per Hour $ 5.01 $10.02 *Employee Benefits: Vacation Pay, Unemployment Insurance, Canada Pension, Workmen's Compensation, Sick Allowance, Statutory Holidays; Defined as "Payroll Cost" by the Association of Professional Engineers, Ontario. I N.B. - Rates subject to change without notice. i i I I i 717-',:�`;`''1�r;ia°i< w 3 n 1 };�;ii,,.; ^��' <<�;�;d'��'j (f; �>;.Ii '>4•>t� 1• � {,�{ a i.'?�r,�!b I,,� , v: �•. .'�. , r'- �,.d�}' t ti;, � �1 i 4 3�}11 !!���fti�!i"�ii1i,�!, 4�!d• }� ��ti;S:'^,jvx, f �' • �� . .±fit ' I