Acec 31-2010

ASSOCIATION OF CONSULTING ENGINEERING COMPANIES–CANADA
DOCUMENT NO. 31 - 2010
ENGINEERING AGREEMENT BETWEEN CLIENT AND ENGINEER
Rights and Privileges
This document is published under copyright by the Association of

Consulting Engineering Companies–Canada (ACEC). Permission is
granted exclusively to ACEC members to copy and/or distribute this
document for its intended use. Users contemplating changes to the
agreement outlined in this document may, and are encouraged to, append 1981
supplementary conditions to the document. Revised 1991
Addendum 1996
Users are advised to first consult with legal counsel prior to agreeing to any Revised 2009
changes to the agreement outlined in this document. Revised 2010
ACEC Document 31 – 2010
TABLE OF CONTENTS
AGREEMENT 1
A-1 The Services........................................................1 23. Termination Expenses ........................................ 8
A-2 Agreement and Amendments..............................2 24. Value Added Taxes ............................................ 9
A-3 ENGINEERING Agreement Documents ............2 25. Work................................................................... 9
A-4 Fees and Reimbursable Expenses .......................2 26. Working Day ...................................................... 9
A-5 Payment ..............................................................3
A-6 Notices ................................................................3
GENERAL CONDITIONS ........................................... 10
A-7 Language of the Contract ....................................4
Part 1 Agreement Documents........................................... 10
A-8 Succession...........................................................4
Part 2 Law of the Contract ............................................... 10
Part 3 Rights and Remedies.............................................. 10
DEFINITIONS 6 Part 4 Assignment ............................................................ 11
1. Construction Contract .........................................6 Part 5 Engineer’s Responsibilities.................................... 11
2. Construction Administration Services.................6 Part 6 Client’s Responsibilities ........................................ 13
3. Construction Contract Documents ......................6 Part 7 Construction Administration.................................. 14
4. Construction Contract Time................................6 Part 8 Certifications by the Engineer................................ 16
5. Construction Cost................................................6 Part 9 Construction Cost and Contract Time Estimates.... 17
6. Consultant or Consultant of the Client ................7 Part 10 Termination and Suspension ................................ 17
7. Contractor ...........................................................7 Part 11 Ownership and Use of Documents, Patents and
8. Coordinate or Coordination.................................7 Trademarks....................................................... 18
9. Engineering Agreement or Agreement................7 Part 12 Building Codes and By-Laws .............................. 19
10. Engineering Documents......................................7 Part 13 Project Ownership, Identification and
11. Fees.....................................................................7 Confidentiality.................................................. 19
12. Hazardous Substances.........................................7 Part 14 Insurance and Liability......................................... 20
13. Notice..................................................................7 Part 15 Dispute Resolution............................................... 21
14. Place of the Work................................................8 Part 16 Payment ............................................................... 22
15. Project .................................................................8 Part 17 Severability .......................................................... 23
16. Project Budget.....................................................8
17. Reimbursable Expenses ......................................8
SCHEDULE A - ENGINEER’S SCOPE OF
18. Services...............................................................8
SERVICES ........................................ A-1
19. Shop Drawings....................................................8
20. Sub-Consultant or Sub-Consultant of the
Engineer..............................................................8 SCHEDULE B – FEES AND REIMBURSABLE
21. Substantial Performance of the Work .................8 EXPENSES ....................................... B-1
22. Suspension Expenses ..........................................8
ACEC Document 31 – 2010 1 of 23
ENGINEERING AGREEMENT BETWEEN CLIENT AND ENGINEER
dated as of the day of , 20 .
by and between:
(Insert legal name and address)

hereinafter called the “Client”
and:
(Insert legal name and address)

hereinafter called the “Engineer”.
AGREEMENT
The Client and Engineer agree as follows:
A-1 THE SERVICES
1.1 The Engineer will provide Services in connection with the following Project:
(Insert a short description of the Project)

The location of the Project (the “Place of the Work”) is as follows:
(Insert the address, location or legal description of the site of the Work)
1.2 The Engineer will provide Services for the Project in accordance with Schedule A –
ENGINEER’S SCOPE OF SERVICES.
1.3 Any change to the Services listed in Schedule A – ENGINEER’S SCOPE OF SERVICES will be
made by written order signed by both parties identifying the change plus adjustments, if any, to
the Engineer’s Fees and Reimbursable Expenses and time for completion of the Services.
A-2 AGREEMENT AND AMENDMENTS
2.1 This Engineering Agreement constitutes the entire agreement between the Client and the
Engineer relating to the Project, and supersedes all prior agreements between them, whether
written or oral, respecting the Services. No other terms, conditions or warranties, whether express
or implied, form a part of this Engineering Agreement.
2.2 This Engineering Agreement may be amended only by a written document signed by both the
Client and the Engineer.
A-3 ENGINEERING AGREEMENT DOCUMENTS
The following sections and documents form part of and are incorporated into the Engineering Agreement:
In this Engineering Agreement:
Agreement
Definitions
General Conditions
Schedule A - ENGINEER’S SCOPE OF SERVICES
Schedule B - FEES AND REIMBURSABLE EXPENSES
Other documents:
*
* (Insert here, attaching additional pages if required, a list of all other sections and documents, including
any supplementary conditions, other schedules and lists that are to be incorporated into the Engineering
Agreement. )
A-4 FEES AND REIMBURSABLE EXPENSES
4.1 The Fees for the Services of the Engineer are set forth in Schedule B – FEES AND
REIMBURSABLE EXPENSES.
4.2 Reimbursable Expenses are the costs and charges identified in Schedule B – FEES AND
REIMBURSABLE EXPENSES that are incurred by the Engineer in performing the Services.
A-5 PAYMENT
5.1 The Client will pay to the Engineer the Fees and Reimbursable Expenses set out in this
Engineering Agreement.
5.2 The Engineer will issue monthly invoices for Fees and Reimbursable Expenses, together with
applicable Value Added Taxes.
5.3 The Engineer’s invoices are due when presented. Invoices unpaid by the Client 30 days after
presentation will bear interest of % per annum calculated monthly.
A-6 NOTICES
6.1 A Notice will be addressed to the recipient at the address set out below. The delivery of a Notice
will be by personal delivery, receipted courier delivery or by facsimile. A Notice delivered by
one party in accordance with this Engineering Agreement will be deemed to have been received
by the other party on the first Working Day after actual delivery. An address for a party may be
changed by Notice to the other party setting out the new address in accordance with this Article.
6.2 Although the parties may use electronic communications for the purposes of general
communication, e-mail will not be used for delivery of a Notice.
6.3 The addresses for the parties are as follows:
Client*
(name of Client)*
(address)
(facsimile number)
Engineer*
(name of Engineer)*
(address)
(facsimile number)
*(If it is intended that a specific individual or officer must receive the Notice, indicate that individual’s
name and/or office.)
A-7 LANGUAGE OF THE CONTRACT
7.1 (For use in the Province of Quebec.) The parties confirm their wish that this Engineering
Agreement as well as any other related documents including future amendments, Notices and
correspondence be drawn in English. Parts of the Engineering Agreement may be included as
available in English or in French or both, according to the language or languages in which they
originally were drawn.
Les parties confirment leur volonté que cette convention de même que tous les documents s’y
rattachant, y compris tous amendements, avis et correspondance futures, soient rédigés en
anglais. Des portions de la Convention d’ingénierie sont incluses telles que disponibles, soit en
français ou en anglais ou les deux, selon la langue ou les langues dans lesquelles la portion
pertinente de la Convention d’ingénierie aura été rédigée à l’origine.
A-8 SUCCESSION
8.1 This Engineering Agreement will inure to the benefit of and be binding upon the parties, and
upon their executors, administrators, successors and permitted assigns.
(Signatures next follow)

IN WITNESS WHEREOF the parties hereto have executed this Engineering Agreement as of the day
and year first above written.
CLIENT WITNESS
(only required where the Client is an
individual)
name of Client
signature signature
name and title of person signing name and title of person signing
signature signature
ENGINEER WITNESS
(only required where the Engineer is an
individual)
name of Engineer
signature signature
signature signature
Where legal jurisdiction, local practice, or Client or Engineer requirements calls for:
(a) proof of authority to execute this document, attach such proof of authority in the form of
a certified copy of a resolution naming the representative(s) authorized to sign the
Engineering Agreement for and on behalf of the corporation or partnership; or
(b) the affixing of a corporate seal, this Engineering Agreement should be properly sealed.
DEFINITIONS
1. Construction Contract
Construction Contract means the contract between the Client and the Contractor for the
performance of the Work by the Contractor.
2. Construction Administration Services

Construction Administration Services means those services, if any, which relate to the
administration of the Construction Contract and which are identified as such in Schedule A –
ENGINEER’S SCOPE OF SERVICES and which form part of the Services.
3. Construction Contract Documents

Construction Contract Documents means all documents relating to the Work issued by or through
the Engineer that are incorporated into the Construction Contract and all variations and
modifications issued by or approved by the Engineer.
4. Construction Contract Time

Construction Contract Time means the period from the Notice to proceed with the Work issued to
the Contractor to the completion date of the Work in accordance with the Construction Contract.
5. Construction Cost
Construction Cost means the total cost to the Client of the Work, and includes:
(a) all materials, equipment, labour, Value Added Taxes, Contractor’s overhead and profit
provided in accordance with the Construction Contract Documents;
(b) the cost of all installations for the Project carried out by parties other than the
Contractor;
(c) the cost of all Work carried out under the Construction Contract;
(d) refunds or sales tax exemptions on any materials or equipment, or both;
(e) the cost of Work carried out by direct labour or direct purchase of materials or equipment
by the Client at prevailing prices;
(f) the value of new or old materials provided by the Client;
(g) the value of all deletions made by the Client from the Work after the Engineer has
completed a design for the deleted items as a part of the Work; and
(h) the value of any monetary damages or set offs retained by the Client from the Contractor
with respect to the Work;
but does not include:
(i) Fees and Reimbursable Expenses of the Engineer;
(j) the fees and reimbursable expenses of Consultant of the Client;

(k) the salary of the Client’s representative or other salary and administrative costs of the
Client;
(l) the cost of land and any related rights or easements; or
(m) the costs of items, such as equipment, furniture or fixtures, that do not form a part of the
Construction Contract.
6. Consultant or Consultant of the Client

Consultant or Consultant of the Client means a registered or licensed professional engineer,
architect, or other specialist engaged directly by the Client other than the Engineer or Sub-
Consultants of the Engineer.
7. Contractor
Contractor means a person or entity contracting with the Client to perform some or all of the
Work.
8. Coordinate or Coordination
Coordinate or Coordination, when referring to the Services of the Engineer, means the
management and supervision of communications between the Engineer and a Sub-Consultant or a
Consultant of the Client.
9. Engineering Agreement or Agreement

Engineering Agreement or Agreement means this agreement between the Client and the Engineer,
including all of the documents identified in Article A-3 ENGINEERING AGREEMENT
DOCUMENTS and any amendments thereto.
10. Engineering Documents

Engineering Documents means drawings, plans, models, designs, specifications, reports,
photographs, computer software if proprietary to the Engineer, surveys, calculations and other
data, including computer print outs, contained in the Construction Contract Documents or which
are otherwise used in connection with the Project, and which were prepared by or on behalf of the
Engineer and are instruments of service for the execution of the Work.
11. Fees
Fees means those fees that are identified in Schedule B – FEES AND REIMBURSABLE
EXPENSES and which are payable by the Client to the Engineer.
12. Hazardous Substances

Hazardous Substances means any toxic or hazardous solid, liquid, gaseous, thermal, or
electromagnetic irritant or contaminant, and includes, without limitation, pollutants, moulds, and
hazardous and special materials and wastes whether or not defined as such in any federal,
provincial, territorial, or municipal laws, statutes, or regulations.
13. Notice
Notice means a written communication between the parties that is delivered in accordance with
the provisions of Article A-6 – RECEIPT OF AND ADDRESSES FOR NOTICES. Use of the
verb “to notify” means to send a Notice in the above manner.
14. Place of the Work

Place of the Work means the designated site or location of the Work identified in this Engineering
Agreement.
15. Project
Project means the total endeavour contemplated in this Engineering Agreement of which the
Services and the Work may be the whole or a part.
16. Project Budget

Project Budget means the estimated cost of the Work, including the Services and other
professional services, but excluding expenses relating to site acquisition, promotion and
marketing.
17. Reimbursable Expenses

Reimbursable Expenses means those expenses that are identified in Schedule B – FEES AND
REIMBURSABLE EXPENSES and which are payable by the Client to the Engineer.
18. Services
Services means those services that are identified in Schedule A – ENGINEER’S SCOPE OF
SERVICES.
19. Shop Drawings

Shop Drawings means drawings, diagrams, illustrations, schedules, performance charts, technical
brochures, and other data that are to be provided by the Contractor or by others to illustrate
details of a portion of the Work.
20. Sub-Consultant or Sub-Consultant of the Engineer

Sub-Consultant or Sub-Consultant of the Engineer means any registered or licensed professional
engineer, architect, or other specialist engaged by the Engineer to perform a discreet scope of
services in connection with the Project, but does not include employees of the Engineer or
consultants working under a personal services agreement with the Engineer.
21. Substantial Performance of the Work

Substantial Performance of the Work means, where defined in the lien legislation applicable to
the Place of the Work, the meaning given to that term in the lien legislation. If such legislation is
not in force or does not contain such definition or if the Work is governed by the Civil Code of
Quebec, Substantial Performance of the Work will have been reached when the Work is ready for
use or is being used for the purpose intended and is so certified by the Engineer or by the
certifier, if any, appointed under the Construction Contract, as the case may be.
22. Suspension Expenses

Suspension Expenses means expenses incurred by the Engineer, including demobilization and
remobilization expenses, which are directly attributable to suspension of the Services by the
Client.
23. Termination Expenses

Termination Expenses means expenses incurred by the Engineer which are directly attributable to
termination of the Services and include the Engineer’s expenses reasonably and necessarily
incurred in winding down the Services.
24. Value Added Taxes

Value Added Taxes means such sum as levied upon the Fee, Reimbursable Expenses and the
Work by a Federal, Provincial or Territorial Government and is computed as a percentage of the
same and includes the Goods and Services Tax, the Quebec Sales Tax, the Harmonized Sales
Tax, and any similar tax, the payment or collection of which is imposed by legislation.
25. Work
Work means the total construction and related services required by the Construction Contract.
26. Working Day

Working Day means a day other than a Saturday, Sunday, statutory holiday or statutory vacation
day that is observed by the construction industry in the area of the Place of the Work. Reference
to a day, other than a Working Day, indicates a calendar day.
GENERAL CONDITIONS
PART 1 AGREEMENT DOCUMENTS
GC 1.1 If there is a conflict within the Engineering Agreement, the order of priority of the documents
which make up the Engineering Agreement, from highest to lowest, will be:
(a) Agreement;
(b) Definitions;
(c) Any supplementary conditions to the General Conditions;
(d) General Conditions;
(e) Schedule A – ENGINEER’S SCOPE OF SERVICES;
(f) Schedule B – FEES AND REIMBURSABLE EXPENSES;
(g) Other schedules to the Engineering Agreement.
GC 1.2 The documents which make up the Engineering Agreement are complementary, and what is
required by any one will be as binding as if required by all.
GC 1.3 Words and abbreviations with well known technical or trade meanings are used in the
Engineering Agreement Documents in accordance with such recognized meanings.
GC 1.4 References in the Engineering Agreement Documents to the singular will be considered to
include the plural as the context requires.
GC 1.5 References in the Engineering Agreement Documents to regulations and codes are considered
to be references to the latest published version as of the signature date of the Engineering
Agreement, unless otherwise indicated.
PART 2 LAW OF THE CONTRACT
GC 2.1 The law of the Place of the Work will govern the interpretation of the Engineering
Agreement.
GC 2.2 The Client acknowledges receipt of sufficient information from the Engineer, including
information concerning the Fees and Services of the Engineer, so as to allow the Client to
assess the nature, extent and cost of the Services of the Engineer and the obligations which
the Client assumes under this Engineering Agreement.
PART 3 RIGHTS AND REMEDIES
GC 3.1 Except as expressly provided in the Engineering Agreement Documents, the duties and
obligations imposed by the Engineering Agreement Documents and the rights and remedies
available thereunder will be in addition to and not a limitation of any duties, obligations,
rights, and remedies otherwise imposed or available by law.
GC 3.2 No action or failure to act by the Client or Engineer will constitute a waiver of a right or duty
afforded or imposed under this Engineering Agreement, except as may be specifically
specified in writing.
PART 4 ASSIGNMENT
GC 4.1 Neither party may assign this Engineering Agreement in whole or part without the written
consent of the other, which consent will not be unreasonably withheld.
PART 5 ENGINEER’S RESPONSIBILITIES
GC 5.1 The Engineer is bound by the legislation governing the Engineer’s profession. Nothing in this
Engineering Agreement requires the Engineer to derogate from obligations prescribed by law
that are binding upon the Engineer.
GC 5.2 The Engineer will provide the Services in accordance with this Engineering Agreement and
with the degree of care, skill, and diligence normally provided by engineers in the
performance of comparable services in respect of projects of a similar nature to that
contemplated by this Engineering Agreement.
GC 5.3 The Engineer will maintain records of Reimbursable Expenses and time records for Services
performed for which the Fee is computed on an hourly basis. These records will be
maintained to acceptable accounting standards and made available to the Client at mutually
convenient times during the term of this Engineering Agreement and for a period not
exceeding one year following completion of the Services.
GC 5.4 The Engineer will:
(a) not be responsible for the performance by the Contractor, subcontractors, suppliers or
any other contractors of the Work or for the failure of any of them to carry out the Work
in accordance with the Construction Contract;
(b) not be responsible for, nor control, direct or supervise, the construction methods,
means, techniques, sequences or procedures of the Contractor, subcontractors,
suppliers, or any other contractors;
(c) not be responsible for acts or omissions of the Consultant of the Client, or the
Contractor, subcontractors, suppliers, or any other contractor;
(d) not be responsible for safety precautions and programs required in connection with the
Work or for general site safety at the Place of the Work under applicable health and
construction safety legislation at the Place of the Work;
(e) not be responsible for the advice of any independent expert engaged either by the
Client or the Contractor, whether or not recommended by the Engineer; and
(f) not be responsible to make exhaustive or continuous on-site reviews.

GC 5.5 The Engineer may engage Sub-Consultants to enable the Engineer to provide the Services.
Should the Client reasonably object to a Sub-Consultant engaged by the Engineer, the Client
may request the Engineer to replace the Sub-Consultant. In this event, the Client will pay all
costs resulting from termination and replacement of that Sub-Consultant and the parties will
adjust the Fees and time for completion of the Services to take into account the termination
and replacement.
GC 5.6 The Engineer will coordinate the activities of its Sub-Consultants.
GC 5.7 The Engineer has discretion, where the Client provides equipment or materials for the
Project, to request the Client to arrange that items to be used or installed in the Work first be
tested or verified before being used for the purposes intended by the Client or be validated by
an appropriate certificate of compliance.
Upon receipt of the requested test or verification reports or certificate of compliance, the
Engineer will notify the Client of the Engineer's acceptance or refusal of equipment or
materials concerned, with or without such reservations as the Engineer considers to be
appropriate. If the Client insists upon using an item to which the Engineer has objected or
expressed reservations in writing or if the Client declines to arrange to test, verify or certify
an item as requested by the Engineer, the Client will be considered to have waived any
recourse against the Engineer resulting from the use of such item or from a defect or
inadequacy in such item.
GC 5.8 The Engineer is entitled to rely upon the accuracy and completeness of information and data
furnished by the Client, including information and data originating from a Consultant of the
Client, whether such Consultant is engaged at the request of the Engineer, the Client or
otherwise.
GC 5.9 The Engineer is entitled to rely upon the accuracy and completeness of records, information,
data and specifications furnished by:
(a) government authorities and public utilities; and
(b) by manufacturers and suppliers of equipment, material or supplies.
Should such records, information, data, and specifications prove to be erroneous or

inaccurate, the Engineer is entitled to make the necessary changes to the Engineering
Documents at the expense of the Client.
GC 5.10 The Engineer is not responsible for manufacturing defects in equipment, material or supplies
specified or recommended by the Engineer.
GC 5.11 The Engineer will not accept a commission or other compensation from a manufacturer,
supplier or contractor involved in the Project. The Engineer will have no financial interest in
the materials or equipment specified or recommended by the Engineer as part of the Services.
However, ownership of less than 1% of the securities issued by a company whose securities
are traded on a recognized securities exchange will not be deemed to constitute a financial
interest.
GC 5.12 Where the Engineer does not provide Construction Administration Services under this
Engineering Agreement but the Client nevertheless requests the Engineer to attend at the
Place of the Work for any reason, the Engineer will not incur any liability to the Client for
having attended at the Place of the Work unless the Client makes a specific request to the
Engineer in writing stating why the Client has requested the Engineer’s attendance and the
Engineer has agreed to attend for that sole purpose. In such event, the only responsibility of
the Engineer will be to respond to the Client’s specific request provided such request falls
within the mandate and competence of the Engineer.
PART 6 CLIENT’S RESPONSIBILITIES
GC 6.1 The Client will promptly fulfill all of the Client’s responsibilities so as not to impede the
Engineer’s orderly performance of the Services.
GC 6.2 The Client will fully advise the Engineer in writing of the Client’s requirements in
connection with the Project, including the Project Budget and time constraints of the Client.
GC 6.3 The Client, when so notified by the Engineer, will make available to the Engineer all
information or data pertinent to the Project which is required by the Engineer to perform the
Services.
GC 6.4 The Client, when so notified by the Engineer, will directly engage the services of a specialist
to provide information or to perform ancillary services that are necessary to enable the
Engineer to carry out the Services. Ancillary services may include, but are not limited to,
topographic surveys and mapping of the Place of the Work, site services reports, technical
investigations, geotechnical reports, quantity surveys and testing services. The parties will
jointly agree on the selection of any such specialist.
GC 6.5 Should the Client not provide the information required by the Engineer to perform the
Services as mentioned in GC 6.3 or not accept the request of the Engineer to engage a
specialist as mentioned in GC 6.4, the Engineer will be entitled at the Engineer’s option and
upon a further Notice to the Client either to terminate this Engineering Agreement or to be
relieved of any responsibility for the consequences of the Client’s decision not to provide the
information or to engage a specialist as requested by the Engineer.
GC 6.6 The Client will ensure that Consultants of the Client have adequate professional liability
insurance, commensurate with the services they will provide for the Project and the Work.
GC 6.7 Should the Engineer be required to act as the agent of the Client in order to perform some of
the Services, the Client will authorize the Engineer in writing to act as the Client’s agent for
such purposes as may be necessary. Where the Engineer acts as the Client’s agent pursuant
to a written authorization, the Client is responsible for the authorized actions of the Engineer
as agent of the Client. The Client will indemnify the Engineer for damages and expenses
incurred by the Engineer, including reasonable legal fees, when acting as agent of the Client.
GC 6.8 The Client will promptly consider requests by the Engineer for directions or decisions and
diligently inform the Engineer of the Client’s direction or decision within a reasonable time
so as not to delay the Services.
GC 6.9 The Client will pay the Engineer as provided in this Engineering Agreement.
GC 6.10 The Client, at the request of the Engineer, will furnish reasonable evidence to the Engineer
that financial arrangements have been made to fulfill the Client’s payment obligations under
this Engineering Agreement before signing the Engineering Agreement, and promptly from
time to time thereafter.
GC 6.11 The Client will notify the Engineer of any material change in the Client’s financial
arrangements that affect the Client’s ability to fulfill the Client’s payment obligations under
this Engineering Agreement.
GC 6.12 The Client will provide those legal, accounting, insurance, bonding and other counselling
services which are necessary for the preparation of tenders or requests for proposals and the
like or for the performance of other Services of the Engineer. If the Client is unable to
provide such counselling services and requests the Engineer to do so, the Client will
reimburse the Engineer for expenses incurred in securing any such counselling services.
GC 6.13 The Client is responsible for obtaining legal advice regarding tenders, requests for a proposal
or information, bids, contract awards and the like, regarding the Project. The Client is
responsible for decisions relating to the issuance, validity or award of tenders, proposals or
bids and for the resulting consequences, even where the Services require the Engineer to
review or assist in the preparation of tenders, proposals or bids and the like or to make
recommendations regarding them or regarding the qualification or selection of bidders.
GC 6.14 The Client will arrange where necessary for the Engineer’s access to the Place of the Work or
other required locations to enable the Engineer to perform the Services.
GC 6.15 The Client will designate in writing an individual to act as the Client’s representative who
will have authority to transmit instructions to and receive information from the Engineer.
GC 6.16 The Client will promptly notify the Engineer whenever the Client or the Client’s
representative becomes aware of any defects or deficiencies in the Services, the Engineering
Documents or in the Construction Contract Documents.
GC 6.17 The Client will obtain required approvals, licences, and permits from municipal,
governmental or other authorities having jurisdiction over the Project so as not to delay the
Engineer in the performance of the Services.
GC 6.18 The Client will not enter into contracts with Consultants of the Client or Contractors that are
incompatible or inconsistent with the Services to be provided under this Engineering
Agreement.
PART 7 CONSTRUCTION ADMINISTRATION
GC 7.1 This PART 7 CONSTRUCTION ADMINISTRATION applies only when and to the extent
that the Engineer provides Construction Administration Services under Schedule A –
ENGINEER’S SCOPE OF SERVICES.
GC 7.2 Construction Administration Services provided by the Engineer are for the benefit of the
Client.
GC 7.3 The Engineer will have authority to act on behalf of the Client but only to the extent provided
in the Construction Administration Services.
GC 7.4 The Client may modify or extend the duties, responsibilities, and authority of the Engineer as
set forth in the Construction Administration Services with the written consent of the
Engineer.
GC 7.5 Notices, instructions, requests, claims, or other communications between the Client and the
Contractor and between the Client and any Consultants of the Client will be made by or
through the Engineer, unless the Client notifies the Engineer otherwise.
GC 7.6 The Engineer, in the first instance, will be the interpreter of the requirements of the
Engineering Documents and will make findings on all claims made by either the Client or the
Contractor under the Construction Contract, and on all matters relating to the interpretation
of the Engineering Documents, unless otherwise provided in the Construction Contract.
GC 7.7 The Engineer, if specified in the Construction Administration Services and in the contracts
among the Client and its Consultants, will coordinate the activities of the Consultants of the
Client.
GC 7.8 The Engineer will visit the Place of the Work at such intervals as the Engineer, in the
Engineer’s judgment, considers to be appropriate relative to the progress of construction in
order to enable the Engineer to assess whether the Contractor is carrying out the Work in
general conformity with the Engineering Documents. Only Work which the Engineer has
reviewed during the construction will be considered to have been assessed. Should the
Engineer comment on parts of the Work which the Engineer has not reviewed, the comments
of the Engineer must be construed as being assumptions only and must not be relied upon
unless the Client notifies the Engineer to review, and the Engineer reviews, the parts of the
Work in question.
GC 7.9 The Engineer is not responsible for performance of the Construction Contract. The
Contractor is solely responsible for the execution, quality, schedule and cost of the Work.
GC 7.10 The Engineer is not responsible to the Client, the Contractor or any Consultant of the Client
for the means, methods, techniques, sequences, procedures and use of equipment for the
Project, whether or not reviewed by the Engineer, which are employed by the Contractor or
by a Consultant of the Client in executing, designing or administering the Work; or for the
services of a Consultant of the Client; or for commissioning and start-up of any facility or
equipment; or for health and safety precautions and programs incidental to the Project or to
the commissioning and start-up of any facility or equipment.
GC 7.11 No acceptance by the Engineer of the Work or of the services of the Consultants of the Client,
whether express or implied, will relieve the Contractor or the Consultants of the Client from
their responsibility to the Client for the proper performance of the Work or their services.
GC 7.12 Unless otherwise specifically stated within the Engineering Documents or included in the
Construction Administration Services, the Contractor’s Shop Drawings will be reviewed by
the Engineer only for the limited purpose of checking for general conformance with
information given and the design concept expressed in the Construction Contract Documents.
The Engineer’s review of Shop Drawings is not for the purpose of determining the feasibility
or constructability of the Work detailed within the Shop Drawings or the accuracy or
completeness of:
(a) details such as dimension and quantities;
(b) instructions for installation or performance of equipment or systems;
(c) Contractor’s construction means, methods, techniques, sequences or procedures; or
(d) safety precautions for those engaged in the Work or others at the Place of the Work.
GC 7.13 Where required by the Services, at the end of the Project the Engineer will compile and
deliver to the Client a reproducible set of record documents showing significant changes
made to the Work, based upon, without additional verification on the part of the Engineer,
updated record drawings, as-built and other data provided by the Contractor, Consultants of
the Client, or other parties.
PART 8 CERTIFICATIONS BY THE ENGINEER
GC 8.1 This PART 8 CERTIFICATIONS BY THE ENGINEER applies only when and to the extent
that the Engineer is required to issue certifications under Schedule A – ENGINEER’S
SCOPE OF SERVICES.
GC 8.2 The Engineer will issue those certifications which the Engineer is required to give as part of
the Services with the degree of care, skill, and diligence normally provided by engineers
issuing comparable certifications in respect of projects of a similar nature to that
contemplated by this Engineering Agreement, based upon data reasonably available to the
Engineer.
GC 8.3 If included in the Construction Administration Services, the Engineer’s issuance of a

certificate for payment constitutes a representation by the Engineer to the Client, based on the
Construction Administration Services performed by the Engineer and on review of the
Contractor’s schedule of values and applications for payment, that, to the best of the
Engineer’s information and belief:
(a) the Work has progressed to the value indicated;
(b) Work observed by the Engineer while performing Construction Administration

Services conforms generally with the Construction Contract Documents; and
(c) the Contractor is entitled to payment in the amount certified.
GC 8.4 The Engineer’s issuance of a certificate for payment is subject to:
(a) review and evaluation of the Work, to the extent specified in the Services, as it
progresses for general conformity with the Construction Contract Documents;
(b) the results of any subsequent tests required by the Construction Contract Documents;
(c) correction of deviations from the Construction Contract Documents detected prior to
completion or after completion, as the case may be; and
(d) any specific qualifications stated in the certificate for payment.
GC 8.5 The Engineer’s issuance of a certificate for payment is not a representation that the Engineer
has inquired into the Contractor’s:
(a) use or allocation of monies paid on account of the contract price specified in the
Construction Contract; or
(b) compliance with obligations imposed on the Contractor by law, including requirements
of workplace health and safety legislation at the Place of the Work.
PART 9 CONSTRUCTION COST AND CONTRACT TIME ESTIMATES
GC 9.1 This PART 9 - CONSTRUCTION COST AND CONTRACT TIME ESTIMATES applies
only in the event the Services require the Engineer to provide the Client with an estimate of
the probable Construction Cost or Construction Contract Time, whether to assist the Client
with a call for tenders for the Work or otherwise.
GC 9.2 The parties acknowledge that an estimate of probable Construction Cost and an estimate of
Construction Contract Time provided by the Engineer are subject to change and are
contingent upon factors, including market forces, over which the Engineer has no control.
The Engineer does not guarantee the accuracy of such estimates nor does the Engineer
represent that bids, negotiated prices or the time for performance will not vary from such
estimates. More definitive estimates regarding costs and time for performance may be
assessed only when bids and negotiated prices are received for the Work.
PART 10 TERMINATION AND SUSPENSION
GC 10.1 This Engineering Agreement is terminated on the earliest of:
(a) the date when the Engineer has performed all of the Services; or
(b) the date of termination if termination occurs in accordance with this GC 10

TERMINATION AND SUSPENSION.
GC 10.2 If the Engineer is a natural person practicing alone (and not part of a company or a
partnership) and should the Engineer die or become seriously incapacitated before having
supplied all of the Services, either the Client or the estate or legal representative of the
Engineer may terminate this Engineering Agreement upon Notice to the other, with effect
from the date of decease or, in the case of serious incapacity, from the date of the Notice of
termination.
GC 10.3 If the Engineer is in material default in the performance of any of the Engineer’s obligations
under this Engineering Agreement, the Client will notify the Engineer that the default must be
corrected. If the Engineer does not correct the default within 30 days after receipt of such
Notice or if the Engineer does not take reasonable steps to correct the default if the default is
not susceptible of immediate correction, the Client may terminate this Engineering
Agreement upon further Notice to the Engineer, without prejudice to any other rights or
recourses of the Client. Such termination will not release the Client from its obligation to pay
all Fees and Reimbursable Expenses incurred by the Engineer up to the date of termination in
the manner provided in this Engineering Agreement.
GC 10.4 If the Client is in material default in the performance of any of the Client’s obligations set
forth in this Engineering Agreement, including but not limited to the non-payment of Fees
and Reimbursable Expenses of the Engineer in the manner specified in this Engineering
Agreement, the Engineer will notify the Client that the default must be corrected. If the
Client does not correct the default within 30 days after receipt of such Notice, the Engineer
may terminate this Engineering Agreement upon further Notice to the Client. In such event,
the Client will promptly pay the Fees and Reimbursable Expenses of the Engineer that are
incurred and unpaid as of the date of such termination, plus the Termination Expenses,
without prejudice to any other rights or recourses of the Engineer.
GC 10.5 If the Client is unwilling or unable to proceed with the Project, the Client may suspend or
terminate this Engineering Agreement by Notice of 30 days to the Engineer. Upon receipt of
such Notice, the Engineer will perform no further Services other than those reasonably
necessary to suspend or terminate that portion of the Project for which the Engineer is
responsible. In such event, the Client will pay all of the Fees and Reimbursable Expenses
incurred by the Engineer up to the date of suspension or termination, plus the Suspension
Expenses or Termination Expenses, as the case may be, in the manner provided for in this
Engineering Agreement.
GC 10.6 If the Client suspends performance of the Services at any time for more than 30 consecutive
or non-consecutive days through no fault of the Engineer, then the Engineer may choose to
terminate this Engineering Agreement upon Notice to the Client. In this event, the Client will
promptly pay the Fees and Reimbursable Expenses of the Engineer that are incurred and
unpaid as of the date of such termination, plus the Termination Expenses, without prejudice
to any other rights or recourses of the Engineer.
PART 11 OWNERSHIP AND USE OF DOCUMENTS, PATENTS AND TRADEMARKS
GC 11.1 The Engineering Documents are the property of the Engineer, whether the Work is executed
or not. The Engineer reserves the copyright therein and in the Work executed therefrom. The
Client is entitled to keep a copy of the Engineering Documents for its records.
GC 11.2 The Engineer retains ownership of all patents, trademarks, copyrights, industrial or other
intellectual property rights resulting from the Services or from concepts, products, or
processes which are developed or first reduced to practice by the Engineer in performing the
Services. The Client will not use, infringe or appropriate such proprietary rights without the
prior consent and compensation of the Engineer.
GC 11.3 Provided the Fees and Reimbursable Expenses of the Engineer are paid, the Client will have
a non-exclusive license to use any proprietary concept, product or process of the Engineer
which relates to or results from the Services for the life of the Project and solely for purposes
of its maintenance and repair.
GC 11.4 The Engineer warrants that the designs, drawings, and calculations developed by the
Engineer under this Engineering Agreement will not infringe the patent, copyright, trade
mark or other intellectual property rights of another person.
GC 11.5 The Engineer will retain the original of the Engineering Documents and of those parts of the
Construction Contract Documents which are generated by the Engineer, including computer-
generated designs relating thereto, but excluding any models or graphic presentations
specifically commissioned and paid for by the Client.
GC 11.6 Should the Client use the Engineering Documents or provide them to third parties for
purposes other than in connection with the Project without notifying the Engineer and
without the Engineer’s prior written consent, the Engineer will be entitled either to
compensation for such improper use or to prevent such improper use, or to both. The Client
will indemnify the Engineer against claims and costs (including legal costs) associated with
such improper use. In no event will the Engineer be responsible for the consequences of any
such improper use.
GC 11.7 Should the Client alter the Engineering Documents without notifying the Engineer and
without the Engineer’s prior written consent, the Client will indemnify the Engineer against
claims and costs (including legal costs) associated with such improper alteration. In no event
will the Engineer be responsible for the consequences of any such improper alteration.
GC 11.8 The Client may not use the Engineering Documents without having paid the Fees and
Reimbursable Expenses of the Engineer. The Engineer is entitled to injunctive relief should
the Engineering Documents be used without payment of the Fees and Reimbursement
Expenses provided for in this Engineering Agreement.
GC 11.9 The Engineering Documents are not to be used on any other project without the prior written
consent and compensation of the Engineer.
PART 12 BUILDING CODES AND BY-LAWS
GC 12.1 The Engineer will interpret building codes and by-laws as they apply to the Project at the
time of design to the best of the Engineer’s ability. As the Work progresses, building codes
and by-laws may change or the interpretation by an authority having jurisdiction may differ
from the interpretation of the Engineer. In this event, the Client will compensate the
Engineer for any additional Services of the Engineer that are required in order to have the
Work conform to such changes or interpretations.
PART 13 PROJECT OWNERSHIP, IDENTIFICATION AND CONFIDENTIALITY
GC 13.1 The Client represents to the Engineer that the Client is the owner of the Place of the Work. If
the Client is not the owner, the Client will notify the Engineer of the identity of the owner
before signature of this Engineering Agreement.
GC 13.2 The Engineer will be identified on Project signage and promotional material whenever other
Project design professionals are mentioned. The Engineer may refer to the Project in the
Engineer’s promotional material.
GC 13.3 Information regarding the design, functionality, equipment, management, costs, or progress
of the Project is confidential where one party has notified the other party of the confidential
or proprietary nature of such information and where such information is not public
knowledge. The parties agree not to disclose confidential information to third parties, except
to the extent required for performance of the Services or where required by law or by mutual
consent of the parties.
PART 14 INSURANCE AND LIABILITY
GC 14.1 The Engineer will carry professional liability insurance of $250,000 per claim and $500,000
in the aggregate within any policy year. Coverage will be maintained continuously from the
commencement of the Services until completion or termination of the Services and, subject to
availability at reasonable cost, for 2 years after completion or termination of the Services.
GC 14.2 The Client may choose to increase the amount or the coverage of the Engineer’s professional
liability insurance above that provided in GC 14.1 so as to obtain additional insurance that is
specific to the Project. The Engineer will cooperate with the Client to obtain such additional
insurance, at the Client’s expense.
GC 14.3 If the Engineer carries professional liability insurance for amounts greater than those
specified in GC 14.1, such insurance will be available under this Engineering Agreement only
up to the amount specified in GC 14.1 plus, if applicable, the amount of additional insurance
obtained under GC 14.2.
GC 14.4 Where the Project involves construction, the Client will provide or arrange for Project
specific liability (wrap-up) insurance and property (“broad form”/builder’s risk) insurance in
respect of the Work and include the Engineer thereunder as an additional insured.
GC 14.5 The Engineer’s liability for claims which the Client has or may have against the Engineer or
the Engineer’s employees, agents, representatives and Sub-Consultants under this Agreement,
whether these claims arise in contract, tort, negligence or under any other theory of liability,
will be limited, notwithstanding any other provision of this Engineering Agreement:
(a) to claims brought within the limitation period prescribed by law in the jurisdiction in
which the Project is located or, where permitted by law, within 2 years of completion
or termination of the Services, whichever occurs first; and
(b) to re-performance of defective Services by the Engineer, plus:
(i) where claims are covered by insurance under section GC 14.1, and, if applicable,
by any additional insurance under section GC 14.2 - to the amount of such
insurance; or
(ii) where claims are not covered by insurance under section GC 14.1, and, if
applicable, by any additional insurance under section GC 14.2 - to the amount of
$250,000.
GC 14.6 The Engineer will not be liable for the failure of any manufactured product or any
manufactured or factory assembled system of components to perform in accordance with the
manufacturer’s specifications, product literature or written documentation.
GC 14.7 Where the Engineer is a corporation or partnership, the Client and Consultants of the Client
will limit any claim they may have to the corporation or partnership, without liability on the
part of any officer, director, member, employee, or agent of such corporation or partnership.
GC 14.8 The liability of each party with respect to a claim against each other is limited to direct
damages only and neither party will have any liability whatsoever for consequential or
indirect loss or damage (such as, but not limited to, claims for loss of profit, revenue,
production, business, contracts or opportunity and increased cost of capital, financing or
overhead) incurred by the other party.
GC 14.9 The Engineer is not responsible for the identification, reporting, analysis, evaluation,
presence, handling, removal or disposal of Hazardous Substances at or adjacent to the Place
of the Work, unless specified in Schedule A – ENGINEER’S SCOPE OF SERVICES, or for
the exposure of persons, property or the environment to Hazardous Substances at or adjacent
to the Place of the Work.
GC 14.10 Subject to the limitations of liability set out in this Engineering Agreement, each party will
indemnify the other party, to the extent of the fault or negligence of the indemnifying party,
for damages and costs (including reasonable legal fees) resulting from:
(a) claims of third parties; or
(b) a breach of contractual obligations under this Engineering Agreement by the

indemnifying party or anyone for whom that party is responsible; or
(c) negligent or faulty acts or omissions of the indemnifying party or anyone for whom that
party is responsible.
PART 15 DISPUTE RESOLUTION
GC 15.1 The parties will make reasonable efforts to resolve disputes arising under this Engineering
Agreement by amicable negotiations. They agree to provide frank, candid and timely
disclosure of relevant facts, information and documents to facilitate these negotiations,
without prejudice to their rights and recourses.
GC 15.2 If a dispute has not been resolved by negotiations, either party may notify the other party that
it wishes the dispute to be resolved by mediation. If the parties are unable to agree upon the
choice of a mediator, either party may apply to a superior court in the jurisdiction where the
Project is located to appoint a mediator.
GC 15.3 Should mediation not resolve the dispute, a party may refer the unresolved dispute to the
courts or, upon mutual agreement, to any other form of dispute resolution, including binding
arbitration.
GC 15.4 Unless the parties otherwise agree, any mediation or arbitration under this Agreement will be
conducted in accordance with the latest edition of CCDC 40 - Rules for Mediation and
Arbitration of Construction Disputes, as applied to and compatible with this Engineering
Agreement, save that arbitration will be limited to a single arbitrator.
GC 15.5 Any endeavour to resolve disputes arising out of this Engineering Agreement by negotiation,
mediation or other means of dispute resolution, including arbitration, will be conducted on a
confidential basis.
GC 15.6 The parties agree to submit to the exclusive jurisdiction of the courts in Place of the Work if a
dispute is to be resolved by the courts, or to mediation or arbitration at the Place of the Work
if a dispute is to be resolved by mediation or arbitration.
PART 16 PAYMENT
GC 16.1 The Client will pay to the Engineer the amount of the Fees and Reimbursable Expenses of the
Engineer together with applicable Value Added Taxes, when invoiced by the Engineer for
Services which have been rendered, in accordance with Article A5 – PAYMENT and
Schedule B – FEES AND REIMBURSABLE EXPENSES.
GC 16.2 In the event the Client disputes in good faith a portion of the Fees and Reimbursable
Expenses invoiced by the Engineer, the Client will pay the uncontested portion within the
prescribed time.
GC 16.3 Disputes regarding Fees and Reimbursable Expenses of the Engineer will be resolved in the
manner specified in PART 15 - DISPUTE RESOLUTION.
GC 16.4 Where the Engineer provides Construction Administration Services which extend beyond the
period contemplated at the time this Engineering Agreement was signed, the Engineer will
notify the Client and, upon mutual agreement of the parties, the Fees of the Engineer will be
increased in order to take into account the extended time required for providing the
Construction Administration Services.
GC 16.5 Should the Client request a change to the Project or Work which requires the Engineer to
provide additional Services beyond those contemplated at the time the Engineering
Agreement is signed, before undertaking such additional Services the Client and the Engineer
will agree in writing upon the Engineer’s remuneration and time for providing the additional
Services. Failing an agreement with the Client, the Client will pay the Engineer for the
additional Services at the hourly rates set out in Schedule B – FEES AND REIMBURSABLE
EXPENSES and any additional Reimbursable Expenses incurred, and grant a reasonable
extension of time to the Engineer for the performance of the additional Services.
GC 16.6 Should the Client request a change to the Project or Work which renders useless a part of the
Services already provided, the Client nonetheless will pay the Engineer in accordance with
this Engineering Agreement for Services already provided which the change has rendered
useless.
GC 16.7 Should it prove necessary for the Engineer to rework or revise the plans and specifications
forming part of the Services for reasons which the Engineer could not reasonably foresee
when the Engineering Agreement was signed, or owing to the default or the insolvency of the
Client or the Contractor or a subcontractor, or as a result of the Client’s suspension of the
Services or Work on the Project, or because of damage to the Project by fire or some other
cause, the Client will pay the Engineer for any reworked or revised plans and specifications
at the hourly rates set out in Schedule B – FEES AND REIMBURSABLE EXPENSES.
PART 17 SEVERABILITY
GC 17.1 If any provision of this Engineering Agreement is declared by a court of competent

jurisdiction to be invalid, illegal, or unenforceable, such provision will be severed from this
Engineering Agreement and the other provisions of this Engineering Agreement will remain
in full force and effect.
(End of the General Conditions. Schedules A and B next follow.)

Schedules to ACEC Document 31
ENGINEERING AGREEMENT
BETWEEN CLIENT AND ENGINEER

ACEC Document 31 – 2010 A-1
SCHEDULE A - ENGINEER’S SCOPE OF SERVICES
Note: when determining the Services to be provided, the parties should take into account that:
the identified Services are predicated upon the Client entering into a single Construction Contract.
some identified Services are a function of whether the Engineer is acting either:
(a) as the lead professional who has overall Project responsibilities or
(b) only as a professional who is subordinate to the lead professional. In the latter situation, the
particular Services of the Engineer are limited to the Engineer’s specialization under this
Agreement.
The Engineer WILL PROVIDE the Services next described that are marked (X) in the column entitled
YES and WILL NOT PROVIDE the Services which are marked (X) in the column entitled NO.
A-1 Consulting and Advisory Services
Description of Services Yes No
If Consulting and Advisory Services WILL NOT BE PROVIDED, check this box:
If Consulting and Advisory Services WILL BE PROVIDED, identify them by completing the
following:
1.1 Preparation and periodic updating of:

an estimate of probable Construction Cost; and
an estimate of Construction Contract Time.
1.2 Assistance in the preparation of pre-construction Project operating cost budgets.
1.3 Preparation for and/or attendance at a public participation or information program.
1.4 Preparation for and/or participation in a value engineering program.
1.5 Preparation of reports relating to the Client's long-range plans.
1.6 Preparation of operational studies.
1.7 Provision of renderings.
1.8 Provision of models.
1.9 Technical representation at meetings.
Initials
Client Engineer
A-1 Consulting and Advisory Services (continued)
1.10 Preparation of specified alternative designs.
1.11 Calculation of quantities of Work to be performed.
1.12 Preparation of Project commissioning and start-up procedures.
1.13 Preparation of applications and supporting documents for governmental grants,

loans, and subsidies.
1.14 Preparation of applications and supporting documents for payments in connection

with the Project.
1.15 Assistance in obtaining required approvals, licences and permits from

governmental authorities having jurisdiction over the Project.
1.16 Arrangement for the translation of documents into a language other than the
language of this Engineering Agreement
1.17 Arrangement for special testing of the Work.
1.18 Investigation of specified conditions (such as failures, accidents, groundwater and

drainage issues, stability, etc).
1.19 Preparation of operating or maintenance manuals, operating drawings or charts.
1.20 Assistance in litigation, arbitration, negotiation, or other legal or administrative

proceedings on behalf of the Client, and all necessary preparation in respect
thereof.
1.21 Provision of peer review of documents provided by Consultants of the Client.
Enter here any additional Consulting and Advisory Services or references to them
in documents such as Requests for Proposals, Terms of Reference, or Statements of
Requirements. Attach additional pages if required.
Initials
Client Engineer
A-2 Engineering Project Services
If Engineering Project Services WILL NOT BE PROVIDED, check this box:
If Engineering Project Services WILL BE PROVIDED, identify them by completing the following:
2.1 Preparation of an engineering and Project implementation program based upon:
a) the Client's written instructions regarding the Project requirements,

b) the Client’s Project Budget, and
c) the Client’s time constraints
2.2 Preparation of a statement of requirements and Project design criteria to be used in

the design process.
2.3 Coordination of Consultants of the Client (where the Engineer is the lead
professional) .
2.4 Participation in or preparation of specified Project feasibility studies.
2.5 Arrangement for expert and specialist studies for use in conceptual, preliminary,
and detailed design services.
2.6 Preparation of and/or participation in environmental assessments and impact

studies.
2.7 Review of environmental assessments and impact studies prepared by others.
2.8 Assistance in obtaining approvals of authorities having jurisdiction over the

Project.
Enter here any additional Engineering Project Services or references to them in

documents such as Requests for Proposals, Terms of Reference, or Statements of
Initials
Client Engineer
A-3 Conceptual Design Services
If Conceptual Design Services WILL NOT BE PROVIDED, check this box:
If Conceptual Design Services WILL BE PROVIDED, identify them by completing the following:
3.1 a) review of the statement of requirements provided by the Client

b) analysis of information provided by the Client, including:
i) conditions or methods of operations
ii) technical and economic feasibility
iii) location of the Project, and
iv) similar matters
c) establish the sizes, capacity, location, method of operation and other
principal features which form the basis for the design of a proposed Project
d) analysis of expert and specialist studies prepared in support of the
Conceptual Design Service
e) evaluation of alternatives
f) preparation of concept sketches and developing specification notes
g) preparation of a Project brief outlining the relevant criteria to be followed
in preliminary and detailed design Services
h) submission of conceptual design and Project brief for review and approval
by Client
Enter here any additional Conceptual Design Services or references to them in

Initials
Client Engineer
A-4 Preliminary Design Services
If Preliminary Design Services WILL NOT BE PROVIDED, check this box:
If Preliminary Design Services WILL BE PROVIDED, identify them by completing the following:
4.1 a) obtaining advice and information from any Consultants of the Client to
carry out duties and responsibilities
b) preparation of preliminary design including drawings or sketches
illustrating and defining the design concept
c) preparation of specification outlines
d) preparation of preliminary design report covering alternatives,
preliminary sketches, and outline specifications
e) preparation of documents in support of applications for approval from
authorities having jurisdiction regarding the Project or designated specific
aspects of the Project
f) submission of preliminary design report for review and approval by Client
Enter here any additional Preliminary Design Services or references to them in

Initials
Client Engineer
A-5 Detailed Design Services
If Detailed Design Services WILL NOT BE PROVIDED, check this box:
If Detailed Design Services WILL BE PROVIDED, identify them by completing the following:
5.1 a) preparation of Engineering Documents

b) preparation of bill of quantities
c) preparation of documents in support of applications for approval from
authorities having jurisdiction for the Project or designated specific aspects
of the Project
d) submission of Engineering Documents for review and approval by Client#
5.2 Preparation and submission of Construction Contract Documents for review and
approval by the Client (where the Engineer is the lead professional).
OR
OR
Review of Construction Contract Documents prepared by others.
Enter here any additional Detailed Design Services or references to them in

Initials
Client Engineer
A-6 Construction Procurement Services
If Construction Procurement Services WILL NOT BE PROVIDED, check this box:
If Construction Procurement Services WILL BE PROVIDED, identify them by completing the

following:
6.1 Advice regarding:

a) the preparation of requests for proposals, requests for qualifications and
tender information
b) bid forms.
6.2 Assistance in the preparation of pre-qualification documents for procurement

tenders or proposals.
6.3 Assistance in the preparation of tender documents incorporating relevant

Engineering Documents, Construction Contract Documents and other documents
prepared by Consultants of the Client on the Project.
6.4 Assistance in obtaining bids.
6.5 Assistance in the preparation of addenda.
6.6 Review of bids.
6.7 Assistance in the preparation of the Construction Contract.
Enter here any additional Construction Procurement Services or references to

them in documents such as Requests for Proposals, Terms of Reference, or
Statements of Requirements. Attach additional pages if required.
Initials
Client Engineer
A-7 Construction Administration Services
Construction Administration Services include the scope of services indicated below. Note that
Construction Administration Services do not include Construction Contract Resident Services, which are
dealt with separately at A-8 if applicable.
If Construction Administration Services WILL NOT BE PROVIDED, check this box:
If Construction Administration Services WILL BE PROVIDED, identify them by completing the

following:
7.1 Periodic visits to the Place of the Work in accordance with GC 7.8 of PART 7
CONSTRUCTION ADMINISTRATION.
7.2 Attendance at meetings necessary to the coordination of the design, Construction

Administration Services, and execution of the Work.
7.3 Preparation and distribution of Notices of change, change orders, and other
necessary Project documentation during the course of the execution of the Work
(where the Engineer is the lead professional).
7.4 Obtain advice, data, and information from Consultants of the Client when required.
7.5 Review of Shop Drawings in accordance with GC 7.12 of PART 7

7.6 Monitor compliance with the program of construction reviews and testing which
may be required by the Engineer or imposed by law in connection with the
execution of the Work by the Contractor.
7.7 Interpretation of the Construction Contract Documents (where the Engineer is the
lead professional and if so provided in the Construction Contract).
7.8 Evaluation of Contractor’s applications for payment.
7.9 Certification of the Contractor's applications for payment, subject to PART 8

CERTIFICATIONS BY THE ENGINEER (where the Engineer is the lead
professional).
7.10 Review of an application for Substantial Performance of the Work noting defects
and deficiencies observed in the Work
7.11 Certification of the Contractor's Substantial Performance of the Work, subject to

PART 8 CERTIFICATIONS BY THE ENGINEER (where the Engineer is the
lead professional).
Initials
Client Engineer
A-7 Construction Administration Services (continued)
7.12 Review of the correction of defects and deficiencies observed in the Work when
completed.
Enter here any additional Construction Administration Services or references to

Initials
Client Engineer
A-8 Construction Contract Resident Services
Construction Contract Resident Services are considered to be “resident” or “at site” when office facilities
and staff assigned by the Engineer are on site full time for a continuous work period.
If Construction Contract Resident Services WILL NOT BE PROVIDED, check this box:
If Construction Contract Resident Services WILL BE PROVIDED, identify them by completing the
following:
8.1 Arranging for reference surveys for use in the Contractor’s layout of the Work (not
including surveys of legal property boundaries).
8.2 Review of Contractor’s surveys and layout.
8.3 Regular site reviews of the Work of the Contractor to ascertain if the reviewed
Work is in general conformance with the Construction Documents.
8.4 Arrangement of field-testing and inspection of materials and equipment for

Client’s quality assurance program
8.5 Investigation, reporting, and providing recommendations on unusual circumstances

that arise during the Project implementation.
8.6 Maintenance of sufficient data to outline current progress of the Work.
8.7 Final inspection at the conclusion of the Project Construction Contract, including
any elements of commissioning agreed to as part of the Client’s acceptance
program.
Enter here any additional Construction Contract Resident Services or references

to them in documents such as Requests for Proposals, Terms of Reference, or
Initials
Client Engineer
A-9 Post Construction Engineering Services
If Post Construction Services WILL NOT BE PROVIDED, check this box:
If Post Construction Services WILL BE PROVIDED, identify them by completing the following:
Post Construction Engineering Services comprising the following:
9.1 Provision of commissioning and start-up assistance.
9.2 Collection and organization of operating and maintenance manuals.
9.3 Identification of deficiencies during the warranty period at the Client’s request.
9.4 Assistance in facility management or operations after commissioning and start-up.
9.5 Preparation of record documents in accordance with GC 7.13 of PART 7

Enter here any additional Post Construction Engineering Services or references to

Initials
Client Engineer
ACEC Document 31 – 2010 B-1
SCHEDULE B – FEES AND REIMBURSABLE EXPENSES
Note: when determining the Fees, the parties should take into account that:
the Fees are predicated upon the Client entering into a single Construction Contract
some Fees are a function of whether the Engineer is acting either:
(a) as the lead professional who has overall Project responsibilities or
(b) only as a professional who is subordinate to the lead professional.
B-1 Fees for Services
The following table identifies the method for determining the Fees due to the Engineer under this
Engineering Agreement for the Services described in Schedule A:
Select Fee Basis Applicable to this Agreement

Engineers Services
Fees as % of
Hourly Rate Fixed Fees
(Refer to Schedule A) Construction
Fees (B-1.1) (B-1.2)
Cost (B-1.3)
A-1 Consulting and Advisory Services N/A
A-2 Engineering Project Services N/A
A-3 Conceptual Design Services
A-4 Preliminary Design Services
A-5 Detailed Design Services
A-6 Construction Procurement Services
A-7 Construction Administration Services
A-8 Construction Contract Resident Services N/A
A-9 Post Construction Engineering Services N/A
Refer to Section B-1.1, B-1.2, and B-1.3 for a detailed description of the method for calculating the Fees
due to the Engineer.
Reimbursable Expenses (Section B-2) are additional to the Fees due to the Engineer.
Value added taxes are not included in Fees and Reimbursable Expenses.
Initials
Client Engineer
B-1.1 Hourly Rate Fees
Hourly Rate Fees shall be calculated on an hourly basis as the Project progresses at the following rates:
a) Principals $ per hour

b) Senior staff $ per hour
c) Intermediate staff $ per hour
d) Junior staff $ per hour
e) Clerical $ per hour
f) $ per hour
g) $ per hour
h) $ per hour
The rates in this table shall be applicable for (select one):
the duration of the Engineering Agreement
twelve months from the effective date of this Agreement at which time the rates will be
increased by %, unless otherwise agreed in writing by the parties
other (specify)
B-1.2
(Enter additional provisions below. Append extra pages if required.)
Initials
Client Engineer
B-1.2 Fixed Fees
Fees for the project shall be calculated as a fixed fee of $ , apportioned as follows:
Percentage Milestone/Task
% of fee for
% of fee for
% of fee for
% of fee for
% of fee for
The fixed fees shall be applicable for (select one):
the duration of the Engineering Agreement
twelve months from the effective date of this Agreement at which time the rates will be
increased by %, unless otherwise agreed in writing by the parties
other (specify)
Initials
Client Engineer
B-1.3 Fees Based on Percentage of Construction Cost
Fees shall be calculated as % of the Construction Cost, apportioned as follows (where not
applicable, insert Nil or N/A):
A-3 - Conceptual Design Services %

A-4 - Preliminary Design Services %
A-5 - Detailed Design Services %
A-6 - Construction Procurement Services %
A-7 - Construction Administration Services %
TOTAL FEE 100 %
Fees based on a percentage of the Construction Cost are NOT applicable to the following Services which
should be calculated either on an Hourly Rate Basis (Section B-1.1) or a Fixed Fee Basis (Section B-1.2):
A-1 - Consulting and Advisory Services

A-2 - Engineering Project Services
A-8 - Construction Contract Resident Services
A-9 - Post Construction Engineering Services.
For purposes of Section B-1.3 (Fees Based on Percentage of Construction Cost) and notwithstanding
Definition 5 (Construction Cost), when determining Fees based on a percentage, the Construction Cost is
calculated in the following manner in regard to those phases of the Engineering Agreement which are
applicable to the Services to be provided by the Engineer:
PHASE BASIS FOR CALCULATION

A-3 - Conceptual Design services The budget at the commencement of the conceptual design
services as agreed by the Engineer and the Client.
A-4 - Preliminary Design services The estimate of probable Construction Cost at the
commencement of the preliminary design services as
agreed by the Engineer and the Client.
A-5 - Detailed Design services The estimate of probable Construction Cost at the
commencement of the detailed design services as agreed by
the Engineer and the Client.
A-6 - Construction procurement services The estimate of probable Construction Cost at the
commencement of the Construction procurement services
as agreed by the Engineer and the Client.
A-7 - Construction Administration Services The actual final Construction Cost.
Initials
Client Engineer
B-2 Reimbursable Expenses
Reimbursable Expenses incurred by the Engineer in carrying out the Services are subject to a mark-up of
_ % to cover office and administrative costs of the Engineer - unless otherwise agreed as follows:
(if applicable, indicate alternate methods for determining Reimbursable Expenses)

Reimbursable Expenses include the following expenses where incurred in relation to the performance of
the Services:
Transport, subsistence, and lodging in connection with the Project beyond kilometres
of the Engineer's office. Use of vehicles shall be charged at $ per kilometre.
Long distance telephone and facsimile communications.
Reproduction of information, drawings, specifications, and other documents necessary to the
Project.
Testing services.
Courier and messenger services.
Fees paid for securing approvals, permits, or licences from regulatory agencies having
jurisdiction over the Project.
Providing and maintaining Project site offices, telephones, facsimile as required for use by
the Engineer and Sub-Consultants of the Engineer.
Advertising incidental to the Project.
Initials
Client Engineer
Obtaining necessary legal, accounting, insurance, bonding, and other counselling services
pertaining to the Project.
Specialized Project specific computer hardware and software charges and related expenses as
agreed to between the Client and the Engineer.
Customs, excise, or any other taxes incurred by the Engineer with respect to the Services, but
excluding Value Added Taxes.
Special or increased insurance coverage required by the Client according to paragraph GC
14.2.
Fees and disbursements of Sub-consultants required in the performance of the Services where
not included in the Fees in connection with the Project.
Costs incurred by the Engineer in the performance of Services in connection with the Project
where the Engineer has obtained the prior written approval of the Client.
Enter additional descriptions to be used. Append additional sheets if required
Initials
Client Engineer

Acec 31-2010

Uploaded by

Copyright:

Available Formats

Acec 31-2010

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Acec 31-2010

Uploaded by

Copyright:

Available Formats

ASSOCIATION OF CONSULTING ENGINEERING COMPANIES–CANADA

DOCUMENT NO. 31 - 2010

ENGINEERING AGREEMENT BETWEEN CLIENT AND ENGINEER

Rights and Privileges

This document is published under copyright by the Association of

ENGINEERING AGREEMENT BETWEEN CLIENT AND ENGINEER

dated as of the day of , 20 .

(Insert legal name and address)

(Insert legal name and address)

A-1 THE SERVICES

(Insert a short description of the Project)

A-2 AGREEMENT AND AMENDMENTS

A-3 ENGINEERING AGREEMENT DOCUMENTS

In this Engineering Agreement:

A-4 FEES AND REIMBURSABLE EXPENSES

6.3 The addresses for the parties are as follows:

A-7 LANGUAGE OF THE CONTRACT

(Signatures next follow)

2. Construction Administration Services

3. Construction Contract Documents

4. Construction Contract Time

(d) refunds or sales tax exemptions on any materials or equipment, or both;

(f) the value of new or old materials provided by the Client;

but does not include:

(i) Fees and Reimbursable Expenses of the Engineer;

(j) the fees and reimbursable expenses of Consultant of the Client;

(l) the cost of land and any related rights or easements; or

6. Consultant or Consultant of the Client

9. Engineering Agreement or Agreement

10. Engineering Documents

12. Hazardous Substances

14. Place of the Work

16. Project Budget

17. Reimbursable Expenses

19. Shop Drawings

20. Sub-Consultant or Sub-Consultant of the Engineer

21. Substantial Performance of the Work

22. Suspension Expenses

23. Termination Expenses

24. Value Added Taxes

26. Working Day

PART 1 AGREEMENT DOCUMENTS

(c) Any supplementary conditions to the General Conditions;

(d) General Conditions;

(e) Schedule A – ENGINEER’S SCOPE OF SERVICES;

(f) Schedule B – FEES AND REIMBURSABLE EXPENSES;

(g) Other schedules to the Engineering Agreement.

PART 2 LAW OF THE CONTRACT

PART 3 RIGHTS AND REMEDIES

PART 5 ENGINEER’S RESPONSIBILITIES

GC 5.4 The Engineer will:

(f) not be responsible to make exhaustive or continuous on-site reviews.

GC 5.6 The Engineer will coordinate the activities of its Sub-Consultants.

(a) government authorities and public utilities; and

(b) by manufacturers and suppliers of equipment, material or supplies.

Should such records, information, data, and specifications prove to be erroneous or

PART 6 CLIENT’S RESPONSIBILITIES

PART 7 CONSTRUCTION ADMINISTRATION

(a) details such as dimension and quantities;