DEVELOPER'S CONSULTING ENGINEER. 2.5.1 The Developer’s Consulting Engineer acts as the Developer's representative in all matters pertaining to the Plan. The Developer’s Consulting Engineer shall be employed by the Developer to:
(a) design all Services;
(b) prepare and furnish all drawings, plans, specifications, reports and certificates as required by the Town Engineer, or pursuant to this Agreement, at any time and from time to time;
(c) obtain all approvals required from all other governmental authorities or agencies;
(d) provide the field layout, the contract administration and Resident Supervision and inspection of the construction of all Services;
(e) maintain all records of construction and upon completion, advise the Town Engineer of all construction changes and final measurements;
(f) provide the Town with “as constructed” drawings from time to time upon completion of the construction of the Services;
(g) act as the Developer’s representative in all matters pertaining to the construction of the Services;
(h) carry out contract administration whenever a contractor is undertaking work on the Services; and
(i) perform such additional functions and services as may be required pursuant to this Agreement.
2.5.2 In the event of any negligence by the Developer’s Consulting Engineer, including any negligence in estimating the cost of the Services to be constructed under this Agreement for the purposes of providing Securities therefore, the Developer shall assign any rights it may have to claim against the Developer’s Consulting Engineer for such negligence, at the request of the Town.
2.5.3 The Developer shall provide the Town Engineer with a copy of the contract between the Developer’s Consulting Engineer (and all other subcontractors) and the Developer, provided that fee quotes and arrangements may be redacted therefrom.
2.5.4 The Developer shall provide a copy of this Section and the Agreement in its entirety to the Developer’s Consulting Engineer prior to the Developer’s Consulting Engineer commencing any of the Services and shall obtain a written acknowledgement in the format attached as Schedule “L”, from the Developer’s Consulting Engineer. The Developer shall ensure that a copy of this executed acknowledgement is provided to the Town prior to the commencement of any of the Services.
2.5.5 The Developer shall not replace the Developer’s Consulting Engineer except with another engineering firm approved by the Town which approval shall not be arbitrarily or unreasonably withheld. In t...
DEVELOPER'S CONSULTING ENGINEER. The Developer shall employ professional engineers registered with the Association of Professional Engineers of Ontario to prepare and provide:
a) Servicing designs according to Provincial, Town and other applicable standards.
b) Master servicing drawings, grading and drainage plans and lot specific grading plans,
c) Necessary construction contract(s) for installation of required work,
d) All approvals from the Town, the Ministry of the Environment, Conservation Authorities, Utilities, and other Agencies, where applicable,
e) Field layout, contract administration, and construction supervision services for required work consistent with the provisions of Section 14 of this agreement,
f) All records of construction and, upon completion, to advise the Town Engineer of all construction changes and to prepare final "as constructed" drawings,
g) Representation for the Developer in all matters pertaining to the construction and liaise with Town representatives,
h) Co-ordination and scheduling to comply with the timing provisions of this Agreement and the requirements of the Town for all Works specified in this Agreement,
i) To the Town a certificate with respect to each lot or building block for which a building permit application is made, certifying that the proposed construction is in conformity with the overall grading plan,
j) To the Town, for each lot or block within the Plan, a certificate of final grade elevation indicating the property is in conformity with the overall grading plan at the time of preliminary acceptance.
DEVELOPER'S CONSULTING ENGINEER. (a) The Developer shall retain the services of a Professional Engineer or firm of Professional Engineers with a Certificate of Authorization registered with the Association of Professional Engineers of Ontario (hereinafter called the “Consulting Engineer”), who shall:
(i) Prepare designs in accordance with the Town’s Engineering Standards listed in Schedule F.
(ii) Prepare and furnish all required drawings;
(iii) Submit to the Town for approval as Schedule “G” to this Agreement, an estimate of the costs of the Works, which said estimate, when approved by the Town shall become the basis for the required securities;
(iv) Prepare the necessary contracts;
(v) Obtain the necessary approvals from the Town, the local hydro authority, the Ministry of Environment, the Ministry of Natural Resources, the Saugeen Valley Conservation Authority, and other utilities, authorities or governmental agencies as required by law;
(vi) Provide field layout, contract administration, and full-time supervision of construction;
(vii) Maintain all records of construction and advise the Town of all construction changes;
(viii) Act as the Developer’s representative in all matters pertaining to the construction of the Works. The Developer shall provide written authorization confirming the engineer’s authority to represent the developer and bind the developer to enforceable agreements;
(ix) Immediately upon the completion of the installation of the storm sewer, sanitary sewers, watermains, service connections and appurtenances, and prior to issuance of substantial completion provide the Town with three acceptable sets of “as-built” plans of these works in hard copy and one in digital format;
(x) Prior to issuance of a Certificate of Maintenance and Final Acceptance by the Town, the Developer’s Engineer shall supply to the Town “as-constructed” plans, in both paper and digital formats, conforming to the Town’s standards;
(xi) Provide co-ordination and scheduling to comply with the timing provisions of this Agreement and the requirements of the Town for all Works specified in this Agreement;
(xii) Where applicable, provide to the Town for approval a certificate of final grade elevation from the consulting engineer with respect to each lot or building block for which a building permit has been issued, indicating that the property has been development in conformity with the overall grading plan;
(xiii) Furnish to the Town a certificate, upon completion of the Works, that all Works were compl...
DEVELOPER'S CONSULTING ENGINEER. 1.1 The Developer agrees to retain the services of a firm of Professional Engineers, registered to practice in the Province of Ontario as consulting engineers, to provide all municipal engineering services in accordance with the performance standards for "Consulting Engineering Services to Municipalities" as defined by the Association of Professional Engineers of Ontario. Such firm of Professional Engineers (hereinafter called "the consulting engineer") must first be approved in writing by the Municipal Engineer. The consulting engineer shall carry out all design work, prepare plans, specifications, provide such information as is required by the Municipal Engineer, estimate costs, prepare and submit the necessary applications for approvals, contract for the construction or installation of the said services, call tenders, report on tenders received, construction layout, job records, obtain and record "as constructed" information, provide resident inspection and general supervision and prepare progress reports, and progress payment certificates. The Municipality may at the discretion of the Municipal Engineer, place a Municipal Inspector on the work, at the expense of the Developer.
DEVELOPER'S CONSULTING ENGINEER. The Developer agrees to retain the services of a firm of Professional Engineers, registered to practice in the Province of Ontario as consulting engineers, to provide all municipal engineering services in accordance with the performance standards for "Consulting Engineering Services to Municipalities" as defined by the Association of Professional Engineers of Ontario. Such firm of Professional Engineers (hereinafter called "the consulting engineer") must first be approved in writing by the Municipal Engineer or by the Council of the Municipality.
