HomeMy WebLinkAbout16 137 Landfill Engineering Services (GHD Limited) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY -LAW
NO. 2016 -137
BEING A BY -LAW TO EXTEND AGREEMENT WITH GHD LIMITED FOR
ANNUAL MONITORING REPORTS, SITE PLANNING AND OTHER ISSUES AT
THE MUNICIPALITY OF KINCARDINE SANITARY LANDFILL SITES
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, Section 8 (1)
and 9 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 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 pursuant to Sections 11 (1) and (3) of the said Municipal Act a
lower -tier municipality may provide any service or thing that the municipality
considers necessary or desirable for the public subject to certain rules and to pass
by -laws with respect to matters within the sphere of jurisdiction of waste
management;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
passed By -law 2008 -150 on September 03, 2008 to enter into an agreement with
Conestoga- Rovers & Associates for Annual Monitoring Reports, Site Planning and
Other Issues at the Municipality's Sanitary Landfill Sites and extended this
agreement by By -law No. 2013 -166;
AND WHEREAS on July 1, 2015, Conestoga- Rovers & Associates changed their
• name to GHD Limited;
AND WHEREAS the Council deems it expedient to extend the agreement for a
period of one year;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That The Corporation of the Municipality of Kincardine enter into an
agreement, attached hereto as Schedule `A' and forming part of this by -law,
with GHD Limited to conduct Annual Monitoring Reports, Site Planning and
Other Issues at the Municipal Sanitary Landfill Sites.
2. That the Mayor and Chief Administrative Officer be authorized and directed to
execute, on behalf of The Corporation of the Municipality of Kincardine, any
contracts and other documents required to authorize such work to commence.
3. This by -law shall come into full force and effect upon its final passage.
• /2
Page 2
Landfill Engineering Services (GHD Limited) By -law
By -law No. 2016 - 137
4. This by -law may be cited as the "Landfill Engineering Services (GHD Limited)
By -law ".
• READ a FIRST and SECOND TIME this 7th day of December, 2016.
READ a THIRD TIME and FINALLY PASSED this 7th day of December, 2016.
Mayor Clerk
•
•
•
This is Schedule "A_" to By-Law
No. passed passed the 7 day
of Dr-ernber-20
AGREEMENT BETWEEN MUNICIPALITY AND ENGINEER FOR
PROFESSIONAL ENGINEERING SERVICES
This Agreement made this 7th day of December, 2016
BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
Hereinafter called the "Municipality" of the First Part,
-AND-
GHD LIMITED
Hereinafter called the"Engineer" of the Second Part
WHEREAS the Municipality wished to secure engineering services for the
municipal landfill sites and undertook a consultant selection in 2008;
AND WHEREAS the Engineer was selected to provide such services in the
manner as outlined in their proposal;
AND WHEREAS the Municipality and the Engineer entered into an agreement
(attached hereto as Appendix 'A') for a five year period as approved by the
Municipality's By-law No. 2008 - 150;
AND WHEREAS the Municipality entered into previous extensions;
AND WHEREAS the Municipality wishes to extend the services of the Engineer
for an additional one year period;
NOW THEREFORE WITNESSETH that in consideration of the covenants
contained herein, the Municipality and the Engineer mutually agree as follows:
1. That the current agreement between the Municipality and the Engineer per By-
law No. 2008-150 and extended by By-law 2013-166 be extended for a one
year period to December 31St, 2017.
2. That the 2015 Fee Schedules, as set out in current agreement attached hereto
as Appendix 'B', for annual monitoring and reporting tasks and for any additional
engineering services required from time to time in providing the Municipality with
technical support for solid waste management be maintained for the one year
pefiod.
2
IN WITNESS THEREOF the parties hereto have caused to be executed by their
officers properly authorized in that behalf on the day and year first above written.
SIGNED, SEALED AND DELIVERED
GHD
0
SignatLre
D.
Printed Name
'
r-c
Title
I have the authority to bind the
Corporation
CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Authorized by By-law No. 2016 -137
passed December 7th, 2016 Ce6inn Eadie, Ma cy_g-
tk
Murray Clarke, CAO
We have the authority to bind the
Corporation
Appendix 'A' Five Year Agreement
Appendix'B' 2015/2016 Canadian Fee Schedule
This is Schedule ",....4_7" to By-Law
2ict
passed the day
of '_6•0...-4"200S
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v ay.4 Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
v-C.1
THIS Agreement for Professional Services(hereinafter"Agreement")is effective this day
of,S‘4)\--C iriR I-)Q/1 2003 between Conestoga-Rovers&Associates Limited (hereinafter"CRA")and
The Corporation of the Municipality of Kincardine (hereinafter"Client"). In consideration of the mutual
promises set forth herein,CRA and Client agree as follows:
1. CRA shall perform the work assigned to it by Client's contract representative. The scope of work
and fee schedule is set forth in Exhibit"A" attached hereto and made a part of this Agreement.
2. (a) Client shall pay CRA for services rendered on a time plus expense basis in accordance with
the fee schedule. CRA's rates as set forth in the fee schedule are subject to revision on an
annual basis. Personnel rates are all inclusive,including overhead and profit,and apply to all
hours expended with no premium charged for overtime hours.
(b) CRA shall be reimbursed for all expenses incurred in connection with its services hereunder,
including but not limited to reasonable travel and living expenses;long distance telephone
charges;information technology;telecopy charges;printing and reproduction costs;
photographic expenses;advertising for bids;special delivery and express charges;costs of
providing and maintaining site offices,supplies and equipment;and all necessary and
incidental costs associated with subcontracts where appropriate.
3. Unless otherwise agreed,CRA will invoice Client monthly. Payment of CRA invoices shall be due
upon receipt by Client and are past due 30 days from invoice date. Invoices not paid within
30 days shall be subject to an assessed interest charge of eighteen percent(18%)per year,calculated
monthly. In the event that Client disputes an invoice,Client shall notify CRA in writing within
30 days of the invoice date identifying the cause of the dispute, and paying when due that portion
of the invoice not in dispute. If the parties are unable to resolve the dispute within 60 days of filing
the notice of dispute,the parties may elect to settle the dispute by arbitration. Interest shall not
accrue on any disputed amount.
4. CRA carries the insurance coverage set forth in Exhibit'C'attached hereto and made a part of this
Agreement.
5. (a) Client shall be responsible for,and CRA may rely upon,the accuracy and completeness of all
requirements,programs,instructions,reports,data,and other information furnished by
Client to CRA pursuant to this Agreement. CRA may use such Client-furnished information
in performing services.
(b) Client shall,if requested by CRA,review any designs,drawings,plans,specifications,
reports,bids,proposals and other information provided by CRA. Client shall make decisions
within a reasonable time and carry out its other responsibilities in a timely mariner so as not
to delay the work of CRA. Client shall give prompt written notice to CRA whenever Client
observes or otherwise becomes aware of any development that may affect scope or timing of
CRA's services,or any defect in the work by CRA.
200016 QSF-008 Rev.7-07/23/2008 1 THIS COMPLETED FORM IS A QUALITY RECORD
(c) At the request of CRA,Client shall provide CRA with the following information to the extent
such information is in Client's possession and is pertinent to the services:
i) all criteria and full information as to Client's requirements;copies of all design and
construction standards which Client will require to be included in CRA's work;copies
of Client's standard terms,conditions,and related documents for CRA to include in
bidding documents,when applicable;and
ii) any other available information pertinent to the project,including reports and data
relative to previous designs or investigations;environmental,geological,and
geotechnical conditions of the project site and all surrounding area at or adjacent to the
project site;and insofar as such information is not available,Client agrees to pay CRA
for the cost of obtaining the same.
(d) Client shall be responsible for determining the location of all subsurface structures including
but not limited to pipes,tanks,sewer and utilities (power,phone,cable,gas,water,etc.).
6. (a) CRA shall be responsible for the technical accuracy of its services and documents resulting
therefrom,and Client shall not be responsible for discovering deficiencies therein. CRA shall
correct such deficiencies without additional compensation,except to the extent such action is
directly attributable to deficiencies in information provided by Client or the project site
owner and CRA relied on such information.
(b) CRA shall have the primary responsibility of determining if known or potential health or
safety hazards exist on or near the project site upon which services are to be performed by
CRA or its subcontractors,with particular reference to hazardous substances or conditions.
To the extent that such information is in its possession,Client shall disclose it to CRA prior to
the commencement of work. If hazardous conditions or substances are discovered by CRA
during the performance of its services which it could not have reasonably discovered prior to
the commencement of work,or which Client had in its possession and failed to disclose,and
if the existence of such substances or conditions materially changes the nature or conduct of
CRA's work or responsibilities at the project site,Client and CRA shall seek to agree on an
equitable adjustment to CRA's work to reflect such changes. If the parties are unable to agree
on such adjustments,this Agreement may be terminated by CRA in accordance with the
termination provisions of this Agreement.
7. CRA shall not disclose any confidential information relating to Client without the prior written
consent of Client,except as required by applicable law,regulation,or legal process,or as may be
required by emergency situations. In the event CRA is requested pursuant to,or required by
applicable law,regulation,or legal process to disclose any confidential information,CRA will notify
Client of the circumstances requiring such disclosure and will refrain from such disclosure for the
maximum period of time allowed by law so that Client may seek a protective order or other
appropriate remedy to protect the confidentiality of the information.
8. The parties acknowledge and agree that CRA shall be an independent contractor and shall have
responsibility for and control over the means of providing its services. CRA shall have the right to
use subcontractors as CRA deems necessary to assist in the performance of services. CRA shall not
be required to employ any subcontractor unacceptable to CRA.
200016 QSF-008 Rev.7-07/23/2008 2 THIS COMPLETED FORM IS A QUALITY RECORD
9. Client shall provide right-of-entry and access as needed by CRA and necessary permissions in
order for CRA to perform work under this Agreement. In the event that Client does not own or
control the project site,Client shall obtain permission from the project site owner for a
right-of-entry as needed by CRA,and its employees,agents and subcontractors to perform the
services called for in this Agreement. CRA and its employees,agents and subcontractors will
comply with all known health and safety requirements of the project site owner which may be
imposed upon CRA as a condition of its right-of-entry.
10. In the event CRA performs any services for Client that involves the taking of samples,CRA shall
preserve such samples obtained from the project site as it deems necessary for the project,but not
longer than 45 days after the issuance of any document that includes data obtained from such
samples. CRA shall arrange for the disposal of samples on behalf of the Client,which may consist
of returning the samples to the project site and Client agrees to pay CRA for the cost of disposing of
such samples. Samples shall remain the property of the Client.
11. CRA warrants that its services shall be performed,within the limits prescribed by Client,in the
manner consistent with the level of care and skill ordinarily exercised by members of CRA's
profession under similar circumstances. No other warranties or representations of any kind,either
expressed or implied,are included or intended by this Agreement or in any proposal,contract,
report,opinion or other document in connection with this project.
12. (a) CRA Indemnity:
Subject to the limitations of subparagraph 12(c)below,CRA agrees to indemnify and hold
harmless Client(including its officers,directors,employees and agents)from and against any
and all losses,damages,liabilities and expenses (including reasonable legal fees and
reasonable costs of investigation)resulting from or arising out of(a)failure of CRA to comply
in material respects with federal,provincial,and local laws and regulations applicable to
services undertaken by CRA hereunder;(b)breach by CRA of warranties or other provisions
hereunder;or(c)any injury or death of any person(including employees and agents of Client
and CRA),or damage or loss or destruction of any property(including property of Client and
CRA and their respective employees and agents)resulting from or arising out of negligence
or willful misconduct on the part of CRA in performing services hereunder,except to the
extent any losses,damages,liabilities or expenses result from,are attributable to,or arise out
of(i) any negligence or willful misconduct of Client;(ii)any delay attributable to Client's
conduct;or(iii)any breach by Client of any warranties or other provisions hereunder.
(b) Client Indemnity:
Subject to the limitations of subparagraph 12(c)below,Client agrees to indemnify and hold
harmless CRA(including its officers,directors,employees,agents,and subcontractors)from
and against any and all losses, damages,liabilities and expenses(including legal fees and
reasonable costs of investigation)resulting from or arising out of(a) any negligence or willful
misconduct of Client;(b)any breach by Client of any warranties or other provisions
hereunder;or(c)any condition existing at the project site prior to the arrival of CRA of which
CRA had no actual knowledge and over which CRA had no control;provided,however,that
such indemnification shall not apply to the extent any losses,damages,liabilities or expenses
result from or arise out of(i)any negligence or willful misconduct of CRA; (ii)any delay
attributable to CRA's conduct;or(iii)any breach by CRA of any warranties or other
provisions hereunder.
200016 QSF-008 Rev.7-07/23/2008 3 THIS COMPLETED FORM IS A QUALITY RECORD
(c) Limitation of Liability:
For any damage caused by negligence,including errors,omissions or other acts;or for any
damages based in contract;or for any other cause of action;CRA's liability,including that of
its employees,agents,directors,officers and subcontractors,shall not exceed$1,000,000,
except as to damage resulting from the gross negligence or willful misconduct of CRA.
Client's liability to CRA,except as to damage resulting from Client's gross negligence or
willful misconduct,including that of its employees,agents,directors,officers and contractors,
will be limited to$1,000,000.
(d) CRA and Client recognize and agree that CRA has neither created nor contributed to the
existence of any hazardous,radioactive,toxic,irritant,pollutant or otherwise dangerous
substance or condition at the project site. Accordingly,in the event of any claim against CRA
arising out of such pre-existing conditions or alleged conditions,Client agrees to defend,
indemnify and hold CRA harmless from and against such claim(s),unless such claims arise
out of the gross negligence or willful misconduct of CRA,including that of its employees,
agents,directors,officers or subcontractors.
13. (a) Client reserves the right to terminate the project at any time. In the event of such termination,
Client shall pay CRA for all services performed and expenses incurred to the effective date of
termination. In addition,Client shall pay CRA a reasonable amount for services and
expenses directly attributable to termination,such as costs of terminating subcontracts,
demobilization costs,and other related close-out costs.
(b) CRA shall have the right to terminate its obligations pursuant to this Agreement under the
following circumstances:
i) in the event of a breach of any obligation of Client,except payment of disputed
amounts as provided in paragraph 3 of this Agreement;or
ii) if CRA is unable,for any reason beyond its control,to perform its obligations pursuant
to this Agreement in a safe,lawful or professional manner.
(c) In the event that either circumstance described in subparagraphs 13(b)(i)or 13(b)(ii) above
occurs,CRA shall notify Client of pertinent conditions and recommend appropriate action. If
within 30 days of such notice the circumstances described in subparagraphs 13(b)(i)or
13(b)(ii)above have not been remedied or cured,CRA may terminate its Agreement
hereunder. In the event of termination,CRA shall be paid for services performed to the date
of termination plus reasonable termination expenses.
14. Client shall have the right,upon reasonable advance notice,to audit all records associated with the
services performed and with the charges invoiced to Client pursuant to this Agreement. Such
records shall be open to inspection and audit by authorized representatives of Client during normal
business hours at the place where such records are kept until the completion or termination of this
Agreement and for a minimum of 3 years thereafter. CRA shall require its subcontractors to
similarly maintain records and to permit the inspection and audit of such records by Client upon
similar conditions and time periods.
200016 QSF-008 Rev.7-07/23/2008 4 THIS COMPLETED FORM IS A QUALITY RECORD
15. Notices pertaining to this Agreement shall be in writing and deemed to have been duly given if
delivered in person,by overnight courier,or by facsimile with electronic confirmation to the
respective party designated below,or at such other address as may be changed by either party by
giving written notice thereof to the other pursuant to this paragraph:
CRA:
Conestoga-Rovers&Associates Limited
Attention:
Address:
Telephone:
Facsimile:
CLIENT:
Attention:
Address:
Telephone:
Facsimile:
16. This Agreement,including all attached Exhibits and documents referenced in those Exhibits,
constitutes the complete and final Agreement between CRA and Client. It supersedes all prior or
contemporaneous communications,representations,undertakings or understandings of the parties,
whether oral or written,relating to the scope of work or services and subject matter of this
Agreement,except to the extent that such prior communications have explicitly been incorporated
into the Agreement or one of the attached Exhibits. Modifications of this Agreement shall not be
binding unless made in writing and signed by an authorized representative of each party.
17. This Agreement shall be governed by the laws of the Province in which the project site is located.
200016 QSF-008 Rev.7-07/23/2008 5 THIS COMPLETED FORM ISA QUALITY RECORD
IN WITNESS WHEREOF,CRA and Client have caused this Agreement to be executed by their duly
authorized representatives effective the day and year first written above:
CRA:
CONESTOGA-ROVERS&ASSOCIATES LIMITED
Signature
( rtSo
Printed Name
V -
Title
CLIENT:Municipality of Kincardine
Signa ure:Lar aen4er,Mayor
WI
•-:John deR.-- roi, - •
200016 QSF-008 Rev.7-07/23/2008 6 THIS COMPLETED FORM ISA QUALITY RECORD
•
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201512016 Canadian Fee Schedule
Principals: $185.00-$210.00 Information Technologists:
• Level A $107.00
Associates: $163.00-$210.00 • Level B $117.00
Specialist: $170.00-$210.00 • Level C $127.00-$137.00
• Level D $147.00-$157.00
Engineers: • Level E $172.00-$182.00
• Level A $112.00 • Level F $200.00-$210.00
• Level B $122.00
* Level C $132.00-$152.00 Database Analysts:
* Level D $157.00-$167.00 + Level A $90.00
• Level E $172.00-$182.00 + Level B $100.00
• Level F $200.00-$210.00 • Level C $116.00-$136.00
• Level D $150.00-$170.00
Geologists/Hydrogeologists: + Level E $175.00-$185.00
• Level A $112,00 + Level F $195.00-$205.00
• Level B $122.00
• Level C $132.00-$152.00 TechniciansiTechnologists:
• Level D $157.00-$167.00 • Level A $80.00
• Level E $172.00-$182.00 • Level B $95.00
• Level F $200.00-$210.00 • Level C $110.00
• Level D $120.00-$140.00
Environmental Chemists/Scientists/Planners: • Level E $150.00-$160.00
• Level A $107.00 * Level F $180.00-$190.00
• Level B $117.00
• Level C $127.00-$137.00 Draft/CADD:
• Level D $147.00-$157.00 • Level A $75,00
+ Level E $172.00-$182.00 + Level B $85.00
• Level F $200,00-$210.00 • Level C $95,00
• Level D $105.00
Industrial Hygienists/Safety Professionals: it. Level E $115.00
• Level A $105.00 • Level F $124.00
• Level B $115.00
• Level C $125.00-$140.00 Technical Apprentices: $78.00-$88.00
• Level D $150.00-$160.00
• Level E $170.00-$180.00 Administrative Support: $63.00
• Level F $200.00-$210.00
October 1,2016
ileMsofee Schedule