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18 006 Drainage Engineering Services Agreement (R.J. Burnside & Associates Limited) 2018 By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT 0. vs" i ,�GH��'LiTVOF KINCP' BY-LAW NO. 2018 - 006 BEING A BY-LAW TO EXTEND THE AGREEMENT WITH R. J. BURNSIDE & ASSOCIATES LIMITED FOR DRAINAGE ENGINEERING SERVICES 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 11111 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 the Council of The Corporation of the Municipality of Kincardine passed By-law No. 2009-011 to enter into an agreement with R. J. Burnside & Associates Limited for drainage engineering services and extended this agreement by By-law No. 2013-156; AND WHEREAS Council deems it expedient to extend the services of R. J. Burnside & Associates Limited for a period of one year as outlined in Report No. PWD 2017-20; 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 with R. J. Burnside & Associates Limited for the provision of drainage engineering services, attached hereto as Schedule 'A' and forming part of this by-law. 2. That this service be procured under 18.0 Ongoing Services and Contracts of GG. 2.17 Purchasing and Procurement Policy 3. That the Mayor and CAO be authorized and directed to execute, on behalf of The Corporation of the Municipality of Kincardine, the agreement with the R. J. Burnside & Associates Limited, attached hereto as Schedule "A". 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law may be cited as the "Drainage Engineering Services Agreement (R. J. Burnside & Associates Limited) 2018 By-law". READ a FIRST and SECOND TIME this 10th day of January, 2018. READ a THIRD TIME and FINALLY PASSED this 10th day of January, 2018. • / Mayor Clerk This is Schedule "A " to By-Law No.2O1 passed the 10 day of sunt icer\ 20 (8 AGREEMENT BETWEEN MUNICIPALITY AND ENGINEER FOR PROFESSIONAL ENGINEERING SERVICES This Agreement made this 30th day of December, 2017 BETWEEN THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE Hereinafter called the "Municipality" of the First Part, -AND- R.J. Burnside and Associates Ltd. Hereinafter called the"Engineer" of the Second Part WHEREAS the Municipality wished to secure engineering services for the municipal drainage 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. 2009-11; 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. 2009-011 and extended by By-law 2013-156 be extended for a one year period to December 31st, 2018. 2. That the 2017 Fee Schedules, as set out in current agreement attached hereto as Appendix `B', for the purpose of providing municipal drainage engineering services to the Municipality for a period of one year. 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 R.J. Burnside and Associates Ltd. rcAk- ignAireC. To.-116 - Printed c..t1a -Printed Name 2 Title I have the authority to bind the Corporation CORPORATION OF THE MUNICIPALITY OF KINCARDINE Authorized by By-law No. 201S-OO6 Passed JOnuoi. l© ( as lS Anne ..adie, a',• 1111W-tr Sharon Chambers, CAO We have the authority to bind the Corporation Appendix 'A' Five Year Agreement Appendix 'B' 2017 Fees Agreement between Municipality and Engineer for Professional Engineering Services The Corporation of the Municipality of Kincardine and R.J. Burnside and Associates Ltd. Appendix 'B' R.J. Burnside and Associates Ltd. 2018 Fee Schedule 2018 Name Hourly Rate George Guse $112 Jeremy Taylor $169