Compensation Term

 

Charges for the Services shall be made in accordance with the Schedule of Rates in effect at the time that the Services are rendered.  All charges will be payable in Canadian Dollars unless specified otherwise.

the client purchases the engineering service products online and pays in full with applicable tax at check out.

 

The Consultant may request that the Client purchases additional services and products as per the request from the municipality (city) in order to gain the permit.

 

In the event that legal action is necessary to enforce these payment terms, the Consultant shall be entitled to collect from the Client all judgment sums due plus reasonable attorney's fees, court costs, and other expenses incurred by the Consultant, including reasonable compensation for the Consultant's time and expenses for such collection action.

 

Schedule of Rates

 

The Following Schedule of Rates applies to this Project and for Services requested by the Client in addition to the agreed Scope of Services. These rates apply until December 31, 2022; thereafter rates may increase without notice.

 

Principal.........................................................................................  $ 175/h

Project Engineer/Project Consultant. ................................. $ 150/h

Junior Engineer in Training/Technologist/Designer...... $ 120/h

Technical & Administration Support.....................................$ 90/h

Disbursements (copying at $0.35/sheet and mileage at $0.75/km) ...... at cost

Sub-Consultants and Sub-Contracts ....................... at cost plus 15%

Minimum charge (e.g. meetings, site visits, drawing reviews, certification letters) ...... $ 600

Minimum billable time increment. ............................. ¼ h

 

Individuals preparing for or rendering the provision of expert testimony will be billed at 50% more than the above rate. Should a Fixed Fee be provided by the Consultant for a defined scope of work, work requested by the Client that is outside that scope of work will be billed at the above rates. Should an Upset Limit on the fees and reimbursable expenses be provided by the Consultant for a defined scope of work, fees and reimbursable expenses will not exceed that Upset Limit for work within the defined scope of work without the Client's approval, and work requested by the Client that is outside that scope of work will be billed at the above rates. Unless otherwise stipulated, charges for the use of instrumentation during attended measurements are included in the above hourly rates. Weekly rental charges will apply for each piece of unattended monitoring instrumentation installed for longer than two days. Consumables such as batteries are charged at cost.

 

 

 

Responsibilities and Liability.

In performing the Services, the Consultant will provide and exercise the standard of care, skill and diligence required by customarily accepted professional practices and procedures normally provided in the performance of the Services contemplated in this engagement at the time when and the location in which the Services were performed.  No other guarantees or warranties, whether expressed or implied, form a part of this agreement

The Consultant shall not be responsible for:

 

• The failure of a contractor, retained by the Client, to perform the work required in the project in accordance with the applicable contract documents.

 

• Any decisions made by the Client if the decisions were made without the advice of the Consultant or contrary to or inconsistent with the Consultant's

 

• Any consequent loss, injury and/or damages suffered by the Client, including but not limited to loss of use, earnings, and business

 

• The unauthorized distribution of any confidential document or report prepared by or on behalf of the Consultant for the exclusive use of the

 

The total amount of all claims the Client may have against the Consultant under this engagement, including but not limited to claims for negligence, misrepresentation and breach of contract, shall be strictly limited to the lesser of the damages awarded to the Client and the amount of the fees, excluding subcontractors charges and disbursements, paid by the Client at the time such claims are made for the Project and with respect to which a claim arises.

 

The Client for itself and its successors and assigns, agrees to defend, indemnify, and hold harmless the Consultant, its affiliates, directors, employees, and agents, including without limitation sub-consultants from all liabilities, claims, losses, and expenses in excess of the limits of the Consultant's entire liability set out above.

 

The Client agrees that the Consultant's employees and principals shall have no personal liability to the Client in respect of a claim, whether in contract, in tort, and/or any other cause of action in law. Accordingly, the Client agrees that it will bring no proceedings and take no action in any court of law against any of the Consultant’s employees or principals in their personal capacity.

 

No claim may be brought against the Consultant in contract or tort more than two (2) years after the services were completed or terminated under this engagement.

 

In consideration of the performance of the proposed services, the Consultant may retain the services of a sub-consultant(s) at its own discretion to carry out contracted services for any or all portion(s) of the work as may be necessary and/or required to complete the work.

 

Insurance

The Consultant maintains Commercial General Liability insurance with a $5,000,000 limit of liability per occurrence and in the aggregate, and Errors and Omissions insurance with a $5,000,000 limit of liability per occurrence and a $5,000,000 limit of liability in the aggregate. The Consultant and their employees are also covered by the Ontario WSIB. Certificates of insurance and WSIB coverage issued in the name of the Client will be provided upon request.

 

Safety

 

The Consultant maintains an in-house health and safety policy and training program for all employees, but it is recognized that the Client's sites often pose unique and varying safety hazards. Accordingly, it is the responsibility of the Client to inform the Consultant of any specific safety policies and the Consultant will adopt and comply with the Client's safety policies, including the required personal protective equipment, required safety training, and the drug and alcohol policy of the Client while conducting site work.

 

Cost Estimates for Materials or Services by Others

 

The parties agree that the Consultant cannot and does not warrant or represent that bids for materials or services by others will not vary from the Cost Estimates that may be provided by the Consultant. The Client further agrees that the Cost Estimates provided by the Consultants are not assurance in any form that the Work or Project proposed can be completed for the amount of the Cost Estimate or any other amount. The Client waives the right to without the Consultant's fees, either in whole or in part, or to make a claim or commence an action or bring other proceedings whether in contract, tort, or otherwise against the Consultant in connection with advice or information relating to Cost Estimates provided by the Consultant.

 

Investigations and Review of Supplied Documents

 

The parties agree that the Consultant's investigations of site conditions and review of documents are of a limited nature and that hidden conditions may exist that could result in loss or damage to the Client. The Consultant shall not be held responsible for the identification of hidden conditions that are not readily discernable and within the agreed Scope of Services.

 

Use of Documents Produced by the Consultant

 

All of the documents produced by the Consultant or on behalf of the Consultant in connection with the Project are instruments of Service for the execution of the Project. However, it is agreed that no information provided as part of the Services whether given in written or oral form shall be binding on the Consultant or relied upon in any respect by any party until the Client has made payment in full of all fees for Services rendered and then the documents may be used only in the manner agreed to by the Consultant. The Consultant retains the intellectual property rights, moral rights, and copyright for all documents produced by the Consultant in either draft or final form.

 

Termination

 

Either party may terminate this engagement without cause upon thirty (30) calendar days' notice in writing. On termination by either party, the Client shall, without delay, pay in full to the Consultant compensation for all services performed to the date of termination. The Consultant may terminate the Services for non-payment of fees given one (1) day notice.

 

Dispute Resolution

 

This agreement shall be governed by the laws of the Province of Ontario. If requested in writing by either the Client or the Consultant (the Patties), the Parties shall attempt to resolve any dispute between them arising out of or in connection with this engagement by entering into structured non­ binding negotiations with the assistance of a mediator on a without-prejudice basis. The mediator shall be appointed by ADR Ontario or by agreement of the Parties. If a dispute cannot be settled within thirty (30) calendar days of the appointment of the mediator, the dispute shall be referred to and finally resolved by arbitration under the Rules of Arbitration of ADR Ontario and by an arbitrator appointed by ADR Ontario or by agreement of the Parties.