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
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Mr. R.G. Dupuis, P.Eng. ,
Director of Public Works,
Corporation of the Town of Newcastle,
Public Works Department,
Hampton, Ontario
LOB 1JO
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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,
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W.W. Osborn, P.Eng. ,
WWO/jlp District Municipal Engineer
CC: Mr. Sam, L. Cureatz, M.P.P.
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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
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August 31, 1982
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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.
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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:
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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.
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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.
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G. B. Rickard, Mayor
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D. W. Oakes, Clerk
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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.
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called the "Project" and has requested the Consultant to
hereinafter
furnish professional services in connection therewith;
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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:
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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.
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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.
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(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
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The Consultant, within fourteen days of the execution of this
agreement, shall provider
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Ott-MR-163
REVISED MAY 1978 -3_
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(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
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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
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disbursements as allowed under Section 3.3.
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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.
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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
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allowed under Section 3.3.
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1.11 Damages
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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.
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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
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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
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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.
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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.
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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.
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(j) The preparation of engineering plans showing any lands
or interests in land required for the Project,
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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
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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.
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(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.
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0!-vR-163
ZZVISSD YUY 1978 -8-
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(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
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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.
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Ou-MR-163 '
REVISED MAY 1978 -9-
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3.2.3 Records Where Fee Calculated on Time Basis
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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
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required by Section 1.6 or upon any salary other than those
salaries approved under Subsection 1.7.1.
3.2.4 Overtime Premium
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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.
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09-?tR-143
REVISED MAY 1978 -10-
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IN WITNESS WHEREOF the parties hereto have caused to
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be executed those presents by their officers properly authorized in
that behalf on the day and year first above written,
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SIGNED, SEALED AND DELIVERED
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In the presence of: )
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TOTTEjrSIMS HUBICKI ASSQ.CIATES (1981) LIMITED I
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j GL TOTTEN BSC,P.Eng �
i! RE SIMS U Sc,P Eng
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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
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totten sims hubicki associates/limited COBOU G.ONTAR3O2 OA 0
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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
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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.
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