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HomeMy WebLinkAbout07 133 Capital Assest Program RFP Acceptance (UEM) . . . . THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2007 - 133 BEING A BY-LAW TO ACCEPT A TENDER FOR THE COMPLETION OF THE REQUIREMENTS OF THE CAPITAL ASSET PROGRAM FOR THE MUNICIPALITY OF KINCARDINE (Urban & Environmental Management Inc.) AND WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS pursuant to the said Municipal Act, Section 9 a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS municipalities in Ontario must be compliant by January 1, 2009 with the requirements for capital asset accounting under the Public Sector Accounting Board Section 3150; AND WHEREAS the Asset Management Program (AMP) was launched as a component of the Canada-Ontario Municipal Rural Infrastructure Fund to improve and renew public infrastructure in Ontario's small urban and rural communities with populations of less than 250,000; AND WHEREAS the Municipality of Kincardine has entered into a funding agreement with her Majesty the Queen in Right of Ontario as represented by the Minister of Agriculture, Food and Rural Affairs for the AMP; AND WHEREAS the Council for the Municipality of Kincardine deems it expedient to accept a Request for Proposal from Urban and Environmental Management Inc. to complete the requirements for capital asset accounting; NOW THEREFORE the Council for The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That the Request for Proposal of Urban & Environmental Management Inc. for completion of the required work under the Capital Asset Program, in the amount of $159,850.00 , excluding GST, be hereby accepted. 2. That the Mayor and CAO be hereby authorized to sign, on behalf of the Council for The Corporation of the Municipality of Kincardine any contracts and other documents required to allow such work to commence. . . ./2 . . . . Page 2 Capital Asset Program RFP Acceptance (UEM) By-law By-law No. 2007 - 133 3. This by-law shall come into full force and effect upon its final passage. This by-law may be cited as the "Capital Asset Program RFP Acceptance (UEM) By-law". READ a FIRST and SECOND TIME this 11th day of July, 2007. 4. or ~~ I READ a THIRD TIME and FINALLY PASSED this 11th day of July, 2007. URBAN & ENVIRONMENTAL MANAGEMENT INC. (UEM) ACCEPTANCE OF OFFER OF PROFESSIONAL SERVICES & AUTHORIZATION TO PROCEED (CLIENT SIGN -BACK FORM) Client Acceptance and Authorization to Proceed: I /we: • have read, understand and accept the attached offer of services by Urban & Environmental Management Inc. (UEM) • authorize UEM to proceed with the work • agree to be bound by and comply with the provisions included in this Form, the attached Terms of Engagement and Offer of Services Proposal, and any other listed attachments to this Form • confirm that I /we have the authority to bind the Client. Attachments Forming Part of This Client Sign -Back Form: Terms of Engagement (Sign Back) Offer of Services Proposal (Dated: June 22, 2007 ) Other Attachments: None. Additions or Amendments to Terms of Engagement: Governed by the laws of Ontario Client Sign -Back Full Legal Name of Client: The Municipality of Kincardine Name of Signatory 1. Larry Kraemer 2. John Rosenoll Title of Signatory May. C.A.O. Signature 1( ,„- Date: Augus 9 2007 FOR INTERNAL UEM USE ONLY Project No: 07 -403 Project Name: Capital Assets Program Development: Kincardine RFP TR -02 \\uemserver\data \UEM \Forms \ UEM\CLIENT SIGN -BACK - April 16, 2007.doc URBAN & ENVIRONMENTAL MANAGEMENT (UEM) TERMS OF ENGAGEMENT (SIGN BACK) These Terms of Engagement govem the professional services to be provided by Urban & Environmental Management Inc. (UEM) to the Client and constitute part of the agreement for services between UEM & the Client (the "Agreement "). By accepting UEM's offer of services, the Client agrees to be bound and comply with these Terms of Engagement L Warranty accident, act or omission of the Client or anyone employed or engaged UEM warrants that it will perform its services with the standard of due directly or indirectly by the Client, or the discovery of hazardous or care and diligence usually practiced by the engineering and planning potentially hazardous materials or situations at or near the project site. consulting profession, at the time and within the locality that the Where an event or circumstance of the kind referred to in Clause 7.1 services are rendered. The Client acknowledges and agrees that all arises, UEM may, at its option, extend the period of time for completion of other warranties, representations or remedies, express or implied, are the Agreement or terminate the Agreement excluded and the Client agrees to waive any right, remedy or cause of action it may have with respect to such warranties, representations or 8. Payment remedies. 8.1 The Total budget for this project is $159,860.00. Unless otherwise stipulated in this agreement for services, the Client shall pay UEM for 2. Limitation ofLiabillty its services as follows (applicable taxes are extra) In recognition of the relative risks and benefits of the project to both (a) fees shall be paid on the basis of UEM's current schedule of the Client and UEM, the risks have been allocated such that the Client standard flat hourly rates to a maximum $154,960.00 as outlined agrees, to the fullest extent permitted by law, to limit the liability of UEM in RFP TR-02 ' to the Client for any and all claims, losses, costs, damages of any nature (b) routine expenses and disbursements (communications, local whatsoever or claims expenses from any cause or causes, including legal travel, project office supplies, production of routine fees and costs and expert witness fees and costs, so that the total aggregate documents/drawings, courier /messenger services, standard liability of UEM to the Client shall not exceed $50,000.00, or UEM'a total software/computer costs, and similar items) shall be paid AM a / fee for services rendered on this project whichever is greater. It is intended maximum of $4900.00; that this limitation apply to any and all liability or cause of action however (c) other project - related expenses and disbursements shall be alleged or arising, unless otherwise prohibited by law. approved in advance by Kincardine (sub- consultant/sub- Additional limits of liability may be made a part of this Agreement for contractor charges, travel beyond local area, living expenses an additional fee that can be determined as a percentage of the total fees when away from home office, advertising costs, testing services, included herein. use of specialized equipment or software, approval/permiVlicence fees, project specific insurance, production of tender or other non- 3. Conjidendaiity routine documents, and similar items) shall be paid at cost plus a Documents prepared by UEM and provided to the Client (the "UEM 5% administration fee; Documents "), such as proposal documentation, reports and any (d) payment shall be made within thirty days of the date of UEM'a documentation containing professional advice, are intended exclusively for invoice; the purposes, project and site locations outlined in those documents. The (e) interest shall be paid by the Client at a rate of 2% per month on information contained in any UEM Document may not be appropriate for all amounts unpaid within 60 days of the date of UEM's invoice, other uses by the Client or for use by third parties and any such use or reuse with payment to be applied first to accrued interest and then to the is at the sole risk of the user. unpaid principal amount. Certain UEM Documents contain confidential information which is the intellectual property of UEM and which is provided to the Client solely for 9. Independent Professional Services Consultant the purposes outlined in the document. The Client shall not provide any Unless otherwise agreed in writing by UEM and the Client, it is such confidential information to any other person, or use the information in acknowledged that UEM is an independent professional services a manner other than prescribed in the UEM Document or Documents consultant in performing services under this agreement, and without the prior written consent of UEM. accordingly it is further acknowledged that UEM is an independent contractor. 4. Provision of Relevant Information The Client shall provide UEM with all relevant information of which 10. Defects in Service the Client is aware and which may be required by UEM to perform its The Client shall promptly report to UEM any defects or suspected services for the Client. Without limiting the generality of the foregoing, if defects in UEM's work or services of which the Client becomes aware, the Client has knowledge of or suspects that hazardous materials may exist so that UEM may take measures to minimize the consequences of such at any site at which services are to be performed by UEM, the Client shall defects. Failure by the Client to notify UEM in a timely manner shall provide this information promptly to UEM in writing. relieve UEM of the costs of remedying the defects above the sum such UEM shall not be responsible or liable for any incorrect or inadequate remedy would have cost had prompt notification been given. No advice, report, recommendation, finding, decision or conduct based either unilateral withholdings, deductions or offsets shall be made from directly or indirectly on inaccurate or inadequate information supplied by UEM's compensation for any defects or suspected defects unless UEM the Client has been found legally liable for such amounts. 5. Site Access, Subterranean Structures and Utilities 1 L Suspension of Services The Client shall grant or obtain flee and ready access to each project If the Client fails to make payments when due, or otherwise is in site at which UEM is to perform services for the Client. The Client shall breach of the Agreement, UEM may suspend performance of services notify all owners and occupiers of property at the project site that UEM is upon five (5) calendar days' notice to the Client. UEM shall have no to be granted free and ready access to the site. liability whatsoever to the Client for any costs or damages as a result Unless otherwise agreed in writing by UEM and the Client, the Client of such suspension. shall delineate accurately on the Client's property all subterranean structures and utilities. The Client assumes sole and complete 12. Agreement responsibility for any damage or injury caused to any person, property, These Terms of Engagement govern the services to be provided by subterranean stmctures or utilities because of incorrect or inadequate UEM under the Agreement, shall be amended only by the written information provided to UEM and the Client agrees to indemnify, defend agreement of UEM'a authorized representative and the Client, and shall not and hold UEM harmless from any claim or liability for injury or loss be altered or supplemented by any other understanding or agreement resulting from such damage or injury. The Agreement, of which these Terms of Engagement form a part, shall be governed by and interpreted in accordance with the laws of 6. Samples Ontario. Unless otherwise agreed in writing, all samples obtained by UEM, Titles and section headings are for convenience of reference only and including soil cores, may be discarded by UEM within 30 days after shall not be considered in interpreting the text of the Terms of Engagement submission of UEM's report to the Client. A mutually agreed storage fee If any clause in these Terms of Engagement is held illegal, invalid or will be charged to the Client for any samples stored longer than this 30 -day unenforceable in whole or part, the remaining clauses shall not be impaired period and shall remain in full force and effect. All limitations of liability, If any of the samples contain substances or constituents that UEM releases, indemnities and similar provisions shall survive termination of the believes may be hazardous or detrimental to the environment or human Agreement for any cause, and shall apply even in the event of the fault, health and safety, UEM may, at the Client's expense, return such samples negligence or other liability of UEM and shall extend to the officers, to the Client or dispose of the samples in a manner deemed appropriate by directors, employees and agents of UEM. UEM. The Client acknowledges that it has had the opportunity to read, 7. Force Majeure discuss and negotiate these Terms of Engagement prior to executing the Notwithstanding any other provision of the Agreement, UEM shall not Agreement for services. be deemed in breach of the Agreement or liable for any failure or delay in performing any of its obligations under the Agreement, if the failure or delay is caused directly or indirectly by any event or circumstance beyond UEM's control, including, without limiting the generality of the foregoing acts of God, terrorist acts, government or civil or military authority, inclement weather, fire, flood, labour trouble, failure of transportation, _TENDER!. RESULTS PROJECT 'f'"t?. - DJ-- FILE NO. "''1-- ())- DATE: (Dp../-iol1oJ tJork.. . APPENDIX "1"