EA-(NUMBER) 
                                                                    
                                                        A G R E E M E N T 
                 
                 
                                THIS AGREEMENT is made the ______ day of ______________, 2020,  
                 
                BETWEEN: 
                 
                                CITY OF BURNABY 
                                4949 Canada Way 
                                Burnaby, B.C.  V5G 1M2 
                 
                                (the “City”) 
                 
                AND: 
                                [CONSULTANT’S NAME] 
                                [Consultant’s Address] 
                                [Consultant’s Address] 
                                 
                                (the “Consultant”) 
                 
                 
                                Whereas the City has requested the Consultant to perform the consulting services 
                hereinafter set out and the Consultant has agreed to perform such services on and subject to the 
                terms and conditions hereinafter contained. 
                 
                                Now in consideration of the mutual promises hereinafter contained it is hereby 
                agreed as follows: 
                 
                ARTICLE I - PROJECT 
                 
                1.1     The Consultant shall perform the consulting services set out in Article II hereof for the 
                        following project and branches thereof (the “Project”): 
                 
                 
                                                   [PROJECT DESCRIPTION] 
                 
                 
                ARTICLE II - CONSULTING SERVICES 
                 
                2.1     The  Consultant  shall perform the following consulting  services  for the Project (the 
                        “Services”): 
                         
                        Consulting services for field survey, drafting, designing, estimating, tendering, contract 
                        administration and inspection as outlined in the City’s Request for Proposal dated [date], 
                        together with all addenda, and the Consultant's proposal dated [date], both of which are 
                        attached and form an integral part of this Agreement. 
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                2.2     In the event of a conflict or inconsistency between the terms of the Consultant’s proposal 
                        and the terms of either the City’s Request for Proposal or this Agreement, the terms of the 
                        City’s Request for Proposal or this Agreement, as the case may be, shall prevail. 
                2.3     Immediately upon execution of this Agreement, the Consultant shall designate in writing 
                        a representative to act as its representative, for the purposes of all communications with 
                        the  City  under this Agreement, such representative to have authority to provide 
                        instructions to, and receive information  from, the City.  The representative shall be 
                        available on a reasonably continuous basis during the performance of the Services, and 
                        for any periods when the representative is absent or unavailable a replacement 
                        representative  with equivalent expertise and authority shall be appointed by the 
                        Consultant. 
                 
                2.4     The Consultant shall undertake and perform all Services with such degree of care, skill 
                        and diligence as would reasonably be expected from a Consultant qualified in British 
                        Columbia to perform services similar in scope, nature and complexity to the Services.  
                        The Consultant warrants and represents that the Consultant is qualified and has sufficient 
                        expertise and experience to perform expeditiously and efficiently all of the Services in a 
                        proper and professional manner to the standard set out above. 
                 
                ARTICLE III – FEES AND PAYMENT 
                 
                3.1     The  City  shall pay to the Consultant  the following fees for the performance of the 
                        Services set out in section 3.2. 
                 
                3.2     Fees shall be in accordance with the statement contained in the Consultant's proposal 
                        dated [date].  The fees for the required Services are estimated to be $[amount], including 
                        sub-consultants, disbursements and the G.S.T. and shall not exceed this amount without 
                        the prior written approval of the City. 
                 
                3.3     Disbursements which are included within the Consultant’s fees set-out in section 3.2 
                        include the following:  
                 
                        (a)     reproduction of information, drawings and documents; 
                 
                        (b)     travel expenses and living expenses for personnel where authorized by the City; 
                 
                        (c)     long distance fax and telephone calls; 
                 
                        (d)     advertising  on behalf of the City  in connection with applications for permits, 
                                approvals, licenses or substantial completion;  
                 
                        (e)     actual fees and expenses of special consultants when retained with the approval of 
                                the City; 
                 
                        (f)     actual costs of messenger and courier services; 
                         
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                         (g)     actual rental costs of specialized equipment of a kind not normally rented or 
                                 owned by the Consultant; and 
                  
                         (h)      fee paid to obtain any required record information or data. 
                  
                         The cost of all disbursements may be increased up to a maximum of 5 percent to cover 
                         office services and cost of handling. 
                  
                 3.4     Payment 
                  
                         (a)      The Consultant shall be entitled to payment of the fees set out in section 3.2 in 
                                  increments based upon satisfactory completion of defined components of the 
                                  Services as set out in Schedule “A” to this Agreement.  Upon completion of any 
                                  component specified in Schedule “A”, the Consultant may submit to the City an 
                                  invoice for the corresponding Consultant’s fees specified for that component. 
                          
                         (b)      Not more frequently than monthly, the Consultant may submit to the City an 
                                  invoice for the Consultant’s disbursements, and any charges of sub-consultants 
                                  retained by the Consultant upon the City’s request as provided in this Agreement. 
                          
                         (c)      Each invoice shall be accompanied by such supporting documentation as may 
                                  reasonably be required by the City. 
                                   
                         (d)      The City shall pay such invoices in full within thirty (30) calendar days of receipt.  
                                  If the City reasonably determines that the full amount of an invoice is not owing, 
                                  then the City will pay the amount it determines is owing, and forthwith provide 
                                  the Consultant with written reasons for any deduction in the amount of the 
                                  invoice. 
                                   
                         (e)      Accounts unpaid by the City thirty (30) calendar days after presentation shall bear 
                                  monthly interest calculated at 2% per annum until payment is made, except for 
                                  amounts for which the City  has provided written reasons for deduction in 
                                  accordance with section 3.4(d) of this Agreement.  Such interest shall be 
                                  calculated and added to any unpaid amounts on a monthly basis. 
                                   
                         (f)      The payment of the Consultant’s fees and disbursements shall not be contingent 
                                  upon the construction or installation of the work designed by the Consultant or 
                                  upon the outcome of any proceedings pending before a Court, arbitration tribunal 
                                  or similar body to which the Consultant is not a party. 
                  
                         (g)      Any fees due to the Consultant shall be paid to the Consultant whether or not any 
                                  payment is made to or withheld from any contractor. 
                  
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                3.5     Compensation for Extra Work and Changes to the Scope of Services 
                 
                        If it shall become necessary for the Consultant to make any changes in any designs, 
                        drawings, plans, or specifications for any part of the work for reasons over which the 
                        Consultant has no control, or if the Consultant is put to any extra work, cost or expense 
                        by reason of any act or matter over which the Consultant has no control, the Consultant 
                        shall be compensated for such changes or extra work either on a “Per Diem Rate” basis or 
                        a “Time” basis at the option of the City;  provided that prior to the commencement of 
                        such changes or extra work the Consultant shall notify the City  in writing of the 
                        Consultant’s intention to make such changes or to carry out such extra work and that the 
                        Consultant shall keep separate cost records in respect to such changes or extra work. 
                 
                3.6     Special Services 
                 
                        (a)     The City shall reimburse the Consultant for all permit and examination fees paid 
                                out by the Consultant. 
                         
                        (b)     In the event it is necessary for the Consultant to engage any sub-consultants or 
                                sub-contractors to perform any part of the Services, the Consultant will require 
                                each and every sub-consultant or sub-contractor to be insured in the exact same 
                                manner as described in Appendix A of the City’s Request for Proposal, with both 
                                the Consultant and the City as additional insureds; however, if the sub-contracted 
                                works will involve drilling or other sub-surface investigations the Consultant will 
                                so advise the City and seek instructions from the City as to what further insurance 
                                may be required of the sub-consultant or sub-contractor. 
                         
                        (c)     If the Consultant considers it necessary to engage a specialist, the City  shall 
                                reimburse the Consultant for the specialist's fee and  out-of-pocket expenses, 
                                provided that the Consultant shall not engage any specialist without first obtaining 
                                the City’s approval in writing. 
                         
                        (d)     The Consultant shall not be required to prepare for nor to appear in any litigation 
                                on behalf of the City unless the Consultant is compensated therefor either on a 
                                “Per Diem Rate” basis or on a “Time” basis at the option of the Consultant. 
                 
                ARTICLE IV - GENERAL TERMS AND CONDITIONS 
                 
                4.1    Living Wage 
                 
                        (a)    The parties acknowledge and agree that the City is a certified Living Wage 
                               Employer by the Living Wage for Families Campaign and, in connection with such 
                               certification, the City requires the Consultant and its sub-consultants, sub-
                               contractors and other employers with workers carrying out any portion of the 
                               Services on the Project Site (as defined in Schedule “B”) to comply with the City’s 
                               Living Wage Policy for Service Providers. 
                                
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