HomeMy WebLinkAboutBy-law 4574/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4574/95
Being a by-law to authorize the execution of a
Client/Architect Agreement betveeen Moffat Kinoshita
Associates Incorporated and The Corporation of the
Town of Picketing respecting the development of the
Claremont Community Centre.
WHEREAS, pursuant to the provisions of section 207.58 of the Municipal Act, R.S.O. 1990, chapter
M.45, the Council of the Corporation of the Town of Pickering may pass by-laws for erecting
community recreation centres and similar buildings;
NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Client/Architect Agreement, in the form
attached hereto as Schedule A, between Moffat Kinoshita Associates Incorporated and The
Corporation of the Town of Pickering, respecting the development of the Claremont Community
Centre.
BY-LAW read a first, second and third time and finally passed this 20th day of February, 1995.
Wayne/~.Ar~s, Ma~.~
,l~Cmce Taylor, Clerk
TOWN OF
PICKEF~'~G
AS TO FOAM
LEGAL DEPT.
Schedule A
Canadian Standard Form of Agreement
between Client and Architect
DOCUMENT 6 1989 Edmon
Revl.~ed 1990
This document has been endorsed by the following member associations of the Commltlee of Canadian
Architectural Councils (CCAC).
Architectural [nstirute of British Columbia
Alberta Association of Architects
Saskatchewan Assocmtion of Architects
Mamtoba Association of ArchttecL~
Ontario Association of Architects
Arch:tects Assocmt~on of Ne,,,.' Brunswick
Nova Scotia Association of Architects
Architects Association of Pnnce Edward Island
Newfoundland Assocmtion of Arch:reefs
Royal Architectural Inst:tute of Canada
Enquirms shou}d be directed to
Pracnce Affairs
Commitlee of Canadian Architectural Councfl~,
Suite 330 55 Murray Street
Ona~.'a. Ontario
KIN 5M3
(613) 232-8341
Contents
Agreement Between Client and Architect
1. Definitions
2. Re, po risibilities
2.1 Architect's Bask SeP.'ice',
2.2 Constlqactlon Cost and E,,tlmates of Colq%truct:on eom
2.3 Chem'~, Responslbilmes
2 ~ Architect's Additional
3. General Conditions
3.1 Copynght and Use of l)ocument:,
3.2. Authorship
3 3 Arbnranon
3.4 Prolect Suslx'nsion or Abandonment
3 '5 Termmauon
3.6 Lab' Governing This Agreement
3.7 Successors and Assign',
3.8 Exaent of Agreement
3.9 L~abihty of the Architect
4. Fees and Reimbursable Expenses
5. Other Conditions of Services
1 DeFinitions
Project Budget I. 1 Thc' ProleCt Budget ~, the Chem':., e,,tlmaled total expenditure for the
cnttre prolc'ct It include', the Con,,tru,.t~on I'~udget and all other ~.ohth
prolect de~,lgned or specified by or on behalf of the Architect. including
all apphcahle laxes whether reco','erahle or not. Where there is no
contract price for all or pan of the prol,.-'ct, the Construction Co~,l shall
co~,t ol thc' land. or other ¢'o~t~, which are tile responsibility of thc' Client.
In thc c,.cm that labour or material ~, /'urmshcd bv the Client below
for purpo-,us ol e:,tablishmg the tee ih to I~' interpreted as the cost of
all materials and labour necessa~, to complete the X',.;brk ah ff all
matenal, had been new and tf all labour had been paid for at marker
t~)r the pro'.'~h~on of Iai)our, materials and equipment for the execuuon
responsib~lme:, and obligauons as prescribed in the Contract Doc'u-
the plan~,. :,ketches. drawing:,, graphic representauons. ~,pec~fications
and such other documents as are identthed m the Agreement and the
the Work
Contractor to perform a part or parts of the Work included in the
Contract. or to supply products worked to a special design according
Substantial 1.8 Sub'.tam tal Performance of the ~brk is as defined in the lien ]c'gi.,lat~on
Performance apphcable to the place of the project If '.uch legislation is not in force
or dr~::-, nc, t contain such defimtton, bubstantial Perl~)rntance shall have
been reached when the Work is r,._'ady for u~.e or ~, berng u:.ed for tile
purpo~,c mt,.'ndcd and is so ceruficd I',y the Architect
Place of the Work 1.10 The Place of the Work is the designated s, tle or location of the prolect
of ',vh~ch the gbrk may be the whole or a part.
Bank Rate 1.11 Bank Rate means the hank rate establi:,hed by the Bank of Canada as
the retain'mm rate at which the Bank of Canada makes short term
advances to the chartered banks.
Canadian Standard Form of Agreement
Between Client and Architect
1989 Edmon
Revved 1990
Agreement
made a~ of the 20th day of May in the year of
mneteen hundred and ninety- four
BetweentheCllent: The Corporation of the Town of Pickering
(Include name and address) Pi c keri ng C i v i c Compl ex
One The Esplanade
Ptckering, Ontario LIV 6K?
a~dtheArchitec,- Moffat K~noshita Associates Incorporated
rlnclude narae and address) 124 Merton Street
Toronto, Ontario M4S 2Z2
For the following Project:
r lnclude detailed desc'r;ption of project location and scope)
A community centre, approximately 20,000 Square Feet gross floor area, in
the Hamlet of Claremont, Ontario, including a fire hall for a volunteer
fire department with two trucks, an emergency operations control, a gymnasium/
banquet hall for 270 seating capacity,community meeting rooms, warm-up
kitchen with snack-bar, nursery school, small library and change rooms.
The Client and the Architect agree as set Iorth :n the following terms and conditions.
Fees and Reimbursable Expenses 4
The Client shall pay fees and retmbursable expenses to the Architect ~ 1
monthly when mvoices are rendered as set forth in this article
The Client shall pay an mtual amount of rio dollars 4 2 Retatner
t $ 0.00 } upon exe~.uuon of this Agreement. The payment shall
be credited to the Chent s account as follow',:
The fee for the Architect's basic service:-, shall be computed as follows, ,-I.3 Fee for Basic
/Here, msert basis dj'fees, includinR f£~:ed amounts, multiples, or Services
percentages, and tde~tt~i, phases to u'b Ich pa rttcularfee calculations
apply. ;f necessao,. )
See attached Appendix "A" feeS:~l for /~
Claremont Community Centre. ·
The fee for the Architect s basic services v, hen based on a >hpulated
sum or a percent.age of Constmcuon Cost shall be apportioned to the
phases ot ser',qce as follows
~ lnclude a*(l: addttional phases as approprtcatey.
Schematic Design Phase percent 1~'. ~/0)
Design Development Phase percent 12.
Constmcuon Documents Phase percent 50 %)
Bidding or Negotiation Phase percent ~ %)
Constmcuon Phase-- Contract Admmistration percent ?0 %)
Total one hundred percent 100 %)
When the fee for the Architect's basic services is based on a percentage
of the construction cost. the basis for the apportioning of the applicable
percentage of the fee for the phases of services stated above shall be
calculated on the following
Schematic Design Phase: the mutually agreed Construction Budget at
the commencement of the phase.
Design Development Phase: the approved estimate of Construcuon
Budcjet at the commencement of the phase.
Construcuon Document~ Phase. the approved estimate of Construction
Cost at the commencement of the phase.
Bidding or Negotiation Phase: the approved estimate of the Construc-
tion Cost at the commencement of the phase,
Construction Phase -- Contract Admimstrat~on: the actual Construction
Cost.
When revisions or additions are made to the program of reqmrements
or pre'.' ous y approved documen s prepared by the Architect in an'.' of
the phases of servtces slated above and such revisions or additions
require basic semices beyond those already provided in this phase or
any previous phase, the fee for such services shall be increased based
on additional servtces or as otherwtse mutually agreed for any of the
applicable phases.
Fee payments during any phase of the Architect's services shall be in
proportion to the services performed within that phase. For the
Architect's basic sen'ices relatr.,'e to the portions of the prolect that are
designed but then deleted or otherwise not built, the fee shall be tn
proport:on to the extent of such servtces in accordance with paragraph
~ 4 and shall be based on the lowest bona fide bid or negottated
proposal or. if no such b~d or negot:ated proposal ~s received, the most
recent estimate of Con',mtction Cost approved by the Client
Fee~, h)r a 6 Fees for the Architect's additional services, excluding tho~ provided
Addtt:onat by the Architect s con~,ultants, shall be computed as follows.
Ser..'~ces ~Here. insert basts oJ' fi'es, t~tclttdinR rate~ and/or mtdtiples of dtrect
l:x, rso~tnd e.xpe~¢,s j~r cjficer~, dtrectors, part~te~;, pr~nctpals a~td
empht~,ees, ami tde~tttJ? oJficer~, directors, partners, pr~nctpals, aJtd
classlJ~v employees, if reqtttred Identi~. ' specOc sen'tees to tcbtcb par-
ttctdar fee calcttlatio~s appel,, ~J'~tecessa~,'.l
Principal $136.00
Associate/Project Manager $100.00
Senior Designer $ 92.00
Job Captain $ 84.00
Technologist $ 68.00
Junior Technologist $ 52.00
Clerical $ 48.00
.:.1.7 Fees for additional s,,:rvlces provided by the Ai'chitect's consultants shall
be a:, invoiced by the consultant according to the hourly fee rates or
multiples of direct personnel expense set out below plus 0 %
of the consultant's invoiced amounts.
(Ident~'specific (~:pes of consultattts tn Article 5, if requtred }
D~rect Personnel 4.8 Direct personnel expense means the salary of the Architect's or the
Expense consultant's personnel engaged on the prolect plus the Architect's or
the consultant's port~ons of the cost of mandatory and customary
contributions and bencftts related thereto '~'hich include employment
taxes ~lnd other statutoq: benefits, insurance, sick leave, holidays,
vacations, pensions and similar contributions and benefits,
Reimbursable 4.9 Reimbursable expenses are the actual expenditures of the Architect.
Expenses employees, and the consultants in the interest of the prolect plus 0 %
of such actual expenditure:~. They include expenditures for the follow-
rog:
(a) travel, e.g.. for trans~r~ation, lodgingand meals, withcarexpenSecomputed al I~ per kilometer:
(b) communication and shipping, e.g., for long d~stance telephone
calls, telegrams, telex, couner set'vice, postage and electromc
conveyances:
¢c) reproduction of plans, ';ketches. drag'ings, graphic repre-
sentations, specifications and other documents, i ricludmg
reproductions for the Architect's and the consultant's office use:
(d) preparation of renderings, models, and mock-ups requested by the
Client:
re) fees, levies, duties or taxes for permits, licences or approvals from
authorities having jurisdiction:
tO data processing and photographic sec.'ices relative to additional
serx'~ces of the Architect:
{g) overtime work authorized in advance by the Client to the extent
that the cost of such work exceeds normal direct personnel ex-
penses:
th) insurance requested by the Client m excess of that nom'~ally carried
by the .~d-chitect and the ~:onsultants.
Responsibilities 2
The Architect's basic' ~,erv~ces cons~,l ot the [r..'e phases descnbed m 2.1. l Artide 2.1
paragraphs 2.12 through 2.1.26 and include normal structural. Architect's Basic
mt..chanlcal and electrical engineering ~,e~'lces. of whlc'h all engineer- Service~
mg ,,eo,'tces shall be provided by professtonal engineers The
.M-ch~tect's basic sec'ices include the co-ordinal:on reqmred to m~
tegrate all pans of the sel~:lce
The Architect shall stud,.' the program of requirements furnished by the 2 1.2 Schemahc
Cliem and shall study the characteristics of the stte. Design Phase
The Architect shall review and comment on the Client's Construction 2.1.3
Budget in relation to the Client s program of requirements
The Archaect shall review with the Cheat altematr,,'e approaches lo the 2.1,4
design of the pro}ecl and the tTpes of construchon contracts
Based on the mutually agreed upon program of requirements and 2,1 $
Construc0on Budget, lhe A.rch:lecI ~,haJJ review apphcab]e slatules,
regulations, codes and by-laws and where necessary review the same
v, qth the authormes having junsd~ctton and then prepare for the Cliem's
review and approval schematic dtc:,tgn documents to illuMrate the scale
and character of the prolect and how the parts ol the prolect funct~on-
ally relate to each other,
The Architect shall prepare and ~,ubm~t to the Client an estimate of 2.1.6
Construction Cost based on current area. volume or other umt costs.
Based on the approved schematic design documents and approved 2.1.7 Design
esumate of Construchon Cost. the Architect shall prepare, for approval Development
by the Client. design development documents consisnng of drawings Phase
and other documents appropriate to the s~ze of the prolect to fLX and
describe the s~ze and character of the enure project as to the architec-
tural, structural, mechanical, and electnca[ systems, materials and such
other elements as ma)' be appropriate
The Aschaect shall prepare and submit to the Client for approval a 2.1 8
revisc, d e~,t:mate of the Con~truc't~on Cost.
The .M-ch:leer shall continue to revtew applicable statutes, reguJauons. ~ 1.9
codes and by-laws in relauon to the design of the project,
Based on the approved design development documents and approved 2.1 l 0 Construction
esumate of Construction Cost. the Architect shall prepare, for approval Documents
by the Client. construction documents consisung of drawings and Phase
specificauons setting forth m detail the requirements for the construc-
f th p oiect
lion o e r .
The Architect shall advise the Chem of any adjustments to prevtous 2.1 11
estmlates of Construction Co>t md~cated by changes in requlremenLS
or general market condmons.
The .~'chitect shall ad,.':se the Client on Ihe Bidding Documents. The 2.1 12
Archaect shall obtain instruct:on, from the Chent for the preparatton of
the necessary bidding mformatt(m. Ndding forms, condmons of the
Contract and the form of Comracl between the Client and the Con-
tractor.
The Architect shall review statutes, regulations, codes and by-laws 2 1.13
applicable to the design and where necessatT re,.'~ew the same v,.'~th the
authorities having jurisdtction tn order that the required consents.
approvals. [icences and per:n~ts necessary' for the prolect can be ap-
plied for and obtained by the Chem
/,'e/%/on 1990
2 I I Basic Serz~ce~
215. 2I.gand2113
Bidding or 2.1.lq The Architect. following the ~21ient s approval of the construction
Negot~auon documents and of ~he latest esnmate of the Constmcnon Cost. shall
Phase assist and advise the Chem ~n obtaining b~ds or negonated proposals
and m awarding and preparing o'{retracts for constmcnon.
Construction 2 1.15 Dunng the construcnon phase --contract admimstration, the Architect
Phase -- Contract ,.hall be a representative oftbe Chem. shall ad",'ise and consult w~th h~m
Admm~stratton and shall have authority to act on his behalf to the extent provided in
th~s Agreement. and shall at all times have access to the Work wherever
~t ~s tn preparauon or progress. All instructions to the Contractor shall
be fom,'arded through the Architect
2.1.16 The Architect shall carry out the general review of the Work at intervals
appropriate to the stage of construction which the Architect consMers
necessary to determine ~1' the Work ~s in general conformiw wah the
Contract Documents. However. the Arch~tec~ shall not be requu-ed to
make exhaustive or continuous on-site reviews. The Architect shall
keep the Client reformed of the progress and quality of the Work and
shall report to the Client any defects or deficiencies in the Work
obser-.'ed during the course of the sae reviews. It is understood that the
reviews being conducted by the Architect are for the following pur-
poses
l. To examine, evaluate and repor~ to the Client upon representative
samples of the Work: any comments on the balance of the Work
made during the course of the s~te reviews are assumptions based
upon extrapolation.
2. To determine if the Work is in general corfform~ty with the Contract
Documents for the project.
2.1.17 The Architect shall not:
1. be responsible for the acts or omissions of the Contractor. Sub-Con-
tractors or any other persons performing any of the Work, or for
the fadure of any of them to carry out the Work in accordance with
the Contract Documents.
2. have control, charge or supervision of. nor responsibili~' for con-
~trucuon means, methods, techniques, sequences, or procedures
or for safery precautions and programs in connecnon 'wah the
Work..
2.1.18 The Archxtect shall determine the amounts owing to the Contractor
based on observations at the site and on evaluanons of the Contractor's
applicauon for payment, and shall issue certificates for payment m such
amounts, proport/onate to the amount of the Contract. for Work per-
formed and products delivered to the Place of the Work as provided in
the Contract Documents. The issuance of a certificate for payment shall
consutute a representation by the Architect to the Client. based on the
Architect's observations at the sae as provtded in pa ragraph 2.1.16 and
on Ihe data comprising the Contractor's application for payment, that
the \Vork has progressed to the point indicated, that to the best of the
Architect's knowledge, mformatxon and belief, the Work obser,.'ed
during the course of general review ~s m general conformi~' *.'~th Ihe
Contract Documents: and that the Contractor is entitled to payment m
the amoum certified.
Such certtflcatton ts subject to:
{al general revtew and eva]uahon of the Work as it progresses for
general conformi~' as provided in paragraph 2.1.16.
t b) the results of any subsequent tests required by or performed under
the Contract Documents.
(c) minor deviations from the Contract Documents correctable prior
to completion, and
Rev~ston 1990
211-
'~ h~_h ma'),' r,ender the Chcnt per~,onalJy habit: £or thc Contractor ·
dufault
Th,e Ar(. hitu~.t ', hall ITc thc inlurpretur ol the ruqutr,cmenls of the Contract 2. I. 19
Documents and ~,hal] make finding', w, to the performance thereunder
by both thc Chant and Contractor Thc Ar,. hitecl shah render mterpreta-
request of e~ther the Client or the Contra,.tor. and ',hah r,endur wntten
findings within a rea:.,onab]e time. (>n ali claret,,, d~',putes and other
Interpretations and findmg',(;fthc'Ardmt.-ct ·hal]Ix. con~,~slent w~thtl',e 2 ] 20
',hall be ~n ',).'ntten or graph~. Iorm The .-\r,.'h~tuct shall not '-.h(l',~.
partiality to either thc Client or th(.: Contractor and shall not be ]iai'de
lbr the r,csu[t of any ~nt~rpr~tatlon or hndmg rend~'r,._'d in good faith m
~,uch capacity.
Thc Ar,..'hitect shall ha','u thc aulhonty to rel,.'ct v, ork which does not 2.1 21
opinion, it is necessary or advisable for the tmplementation of the intent
special inspecuon or te>,lmg of thc Work by others, whet hut or not such
work ha:, been fabricated, instal]cd or completed.
The Architect shall review or take olher appropriate action with 2 1.22
reas, onah[e promptness upon thc' Contractor's submittals such a'-. -.hop
drar..'ings, pnxJuct data. a nd sa rap[us, for conformance with thc g~'n~'ral
design concept of thc ",Xbrk as indicated in thc Contract Documents.
The ?..rchiruct's re;'ie','..' of a specdic item shall not md~cate accuptance
of an a>,.,emb]y of which thc item ~,, a component
The Architect shall prepare changu orders tk}r thc Client ~, approval and 2 1.25
authority to order minor adjustments in the Work not involving an
Thc Arch~tec't shall determine thc date of SubsL. mha[ Performance and 2 1.2~
',,hall recmve from the Contractor and forward to the Client lot the
.,M-ch~tect shall determine th~: date ';,.'h,,.'n thc Contract -,hall bc dca:mud
to be completed.
Thc extent ol'the dm:cs, rc-.pon·ibfl~t:e:, ,md ]iinitat:ons of authorl~.' of 2 1.25
Prior to the end of the period of one ',.'ear fol]o'c,.mg thc date of 2.1 26
deficlunctes which have been reported or oh',crx'ed dunng that penod.
Rez.ls;o~l 1990
2 126
Artlt'l,' 2.2 2 2.1 The Archflect qlat] evaluate the Cli.ent ~ Const~ct~on Budget ~nd ~h~l]
(M~i and Agreement. Neither the Archtlt-cl nor the Chent ha~ control ,wet the
Budget c,tabh~hcd under th~ Agreement ~hall not constitute ground~
for the CLient w~thho]dmg fees du~ lo the Archaist.
2.2 2 If the b~dding or negotiation phase has not commenced w~thm three
monlh~ after the Architect subm~us the con~tmcnon d~uments to the
Client. the Con,traction Budget shall I~ adjusted to retlL~l any change
in the general level of pnce~ ~n the con~tmcuon mdust~' het~'een the
date o1' submission of the constmcnon documenm to the Client and the
date on which proposals are sought
2 2.3 If the lo~xest bona hde bid or Io~esl negol~aled proposal exceeds Ihe
2.1. I I b5 more than 15%. the Client shall:
d)) co-operate m rcvt>mg the ~cope or quahw of the Work as necessa~
(c) authortze reh~ddmg or renegouatmg of the contract, or
~d) terminale ~f the project ~s abandoned, m accordance with para-
graph 3 5 3.
2.2.4 If the lowest ~na fide bid or lowest negonated proposal exceeds the
latest approved e>nmate of Construction Cost prepared as set out in
paragraph 2.1.11 by more than 15%. unle% there has b~n an increase
m the Construction Budget or the prolect has ~en abandoned or
re,mated in accordance with paragraph 3.5.3. the Mch~tect shall
m~ig' at no addi6onal t~e. the drawings and specff~cauons, or provide
15% of the lalest approved csnmale unles~ the exces~ ~s due to extraor-
dinaw markel condiuons. The providing of >uch ~e~qces shall be
limit of the Architects responslbdity, and having done so. the ArchJtect
5hall be enntled to compensanon for all other se~'~ces pcfl'onned, m
is commenced.
.~icle 2.3 2 3 1 The Client shall provide full informauon regarding requirements for the
Client's prolect including a program. ~h~ch shall set forth the Cliem's design
ResponsJbdaies objectives, constraints, and criteria, including spaual and funcuonal
requirements and relationships, flex~bdity and expandabfllty. ,pec~M
2.3.2 The Clienl shall provide Io the Architect a Con~lmclion
The Chent shall furm~h mformat~on. '-.urveys. reports and services as 2.3 3
,et out below, the accuracy and completeness of wNch the ArcNtect
~,hall be enutled to rely upon and contracts for the provision of such
mformauon. ~,urveys, repons and ser,.'~ces, whether arrangecl by
Chenl (>r the Architect, shall be tonmdcred direct contracts w~th Chent
unless exphc~tlv pro',,'~ded otherwise:
iai a legal descnpuon and a certil'~ed land survey of Ihe site and
adjoining propemes as necessary showing the following reforma-
tion. as apphcable: grades and lines of streets, alleys, pavements
and ad oinmg property and slmctures, adjacent drainage rights of
way; restrictions; easements: encroachments; zoning, deed restric-
tions; boundaries and contours of the site. locations, dimensions
and data pertaining to exmtmg buddings. ()lher improvements, and
trees: and full mformauon concermng sem'lc'e and utdJty hnes. both
public and private, above and below grade, including reverts and
depths:
Ibl subsurface investigation and reports which may include but are
not limited to test borings, Iest p~ts. deterrmnat~on of sod bearing
values, percolation tests, evaluat~om, of hazardous materials.
ground corrosion and res~stwity tests, including necessa.T opera-
ttons for anucipatmg subsoil conditions, v,,tth reports and ap-
propriate prolbss~onal recommendations,
(el reports and appropriate professiona[ recommendations of
specialist consultants when reqmred by the ,.M'ch~tect.
(d) air and water pollution tests for hazardous materials. -.tructural.
mechanical, chemical, and other laboratory and environmental
tests, inspections, laboratory and field tests and reports as required
by the Architect. the Archilect's Consultants, Ihe authorities having
jurisdiction or the Contracl Documents, and
Ce) all legal, accounung and ~nsurance counselling services as may be
necessary at any ume for the prolect, including such auditing
services as the Client may require to verify the Contractors applica-
nons for paymenl or to ascertain how or for what purpose the
Contractor uses the momes prod by or on behalf of the Client
The Client shall furmsh required mformauon, surveys, reports and 2.3.4
serv~cc.s as set out in paragraph 2.3.3 and such other mlbrmauon as
may be required from hme to ume. examine dt~:uments submitxed by
the Architect and gc,,'e the Architect decisions and approvals as neces-
sam,'
The Chent shall obtain all required consents, approvals, hcences and 2.3.5
permits from authorities having lunsdiction.
If the Client obse~'es or otherwise becomes aware of any fault or defect 2.3.6
~n the project or any nonconform~W w~th the requirements of the
Contract. he shall ~mmediately not~' the Architect m v,.ntmg
The Client shall promptly full,Il his ruspons~hilines for lhe orderly 2.3 7
progress of the Archilect's scr,.'~ces and of the
The Client shall authorize a person to act on his behalf *. ~lh respect to 2.3.8
the prolect ';,,'hen necessary. The authorization including lhe scope of
authority shall be tn wnlmg
The services described m Article 2.4 are not included in basic se~'lces 2.4.1 Amcle 2 4 Architect's
unless so identified in Article 5. Additional services shall be provided Additional
only if authorized by the Chent and they '~hall be paid for by the Client Ser'v~ces
as provided ~n this Agreement tn add,non to the compensation for basic
selwices
2.-t.2 Providing ana]?",es of Ihe Chent'~ need~, and de~,dopmR a program
~patJal and functional requirements fl)r the proiect
2 4 ~ Pn)v~dmg financial t~a~lhilJly. Proluct Budge~ or oilier ~pec,al
2 4.5 Provldmg hubm,hs~ons ruqu,red for approval hy authoril,es having
lUn~flc~ton over the project including submission for zomng change~.
vanance~/?om by-J~ws or hl[~ plan approvals n~cessaw for
2.4.6 Providing sewices relahng lo future facd~ties, systems and ~qutpm~nl
phase.
preparing measured draw~ng~ or veri~'Jng lhe accuracy of dmwtnRs or
other inlk)rmalton furmshed hy the Client.
2 4 9 Providing mlenor dus~gn, graphic design, signage and other ~mdar
or installation of furmlure, furmshmgs and related equipment.
2.4.10 Provtding tenant layout and design sen'ices.
2.4.11 Making revmions to or providing additional drawings, specifications or
other documenLs which such revisions or additions are:
given.
c~es or by-laws.
c~es and by-lug's m ~uch ~ way as the Architect cannot reu~)nahiv
2 4.12 Prepunn~ modcl~ or archtlectural renderings ~pecificully
~toned by the Client
2.4.1~ Preparing documents of allernanve, separate or sequenual bid~ or
phase.
2 4.14 Preparing drawings, s~c~ficulions and sup~fling data and pro~ id~ng
~urate with the ~eg'~(e~ required of the Architect. pro~ ~ded such ch;mAe
2.4.15 Providing co-ordm~tion of work perl'ormed by ~para~e contractors or
by the Client's own forces or mzkmg investigations. ~u~'eys. valua-
tions, or detailed appraisals of ex,sting facilities.
Providing servtces made nece',:-.ary by the default of the Contractor. or 2.-L l-
by malor defects or deficiencies tn the Work of the Contractor. or by
/~dure of penbrmance by either thc' Client or Contractor under the
the s~te is required, the Architect shall provide one or more prolect
sibilities.
(bi Such prolect representatives shall be selected, employed, and
directed by the Architect.
Prepanng a set of reproducible record drawings showing s~gmficam 2.4 19
changes in the Work made during construction based on marked-up
pnnts, drawings, and other data furnished by the Contractor to the
Mch~tect. The Architect ~hall nf~t be held responsible for the accuracy
Providing services after exper3' of the pem, x:l of one year following the 2.4.20
- preparation of operation and maintenance manuals training personnel
: Providing consultation concerning replacement of any work damaged 2.4.22
: by fire or other cause during construction and furnishing services as
~ Advising the Client and preparing to serve or serving as wimess m 2.4.23
~ connection wtth any public hearing, arbitration proceeding, or legal
.~ proceeding.
~ Providing or arranging for servtces of consultants for other than the 2 4.2q
~ ba.s~c architectural, structural, mechamcal and electhcal engineering
= Providing translation to a language other than the language of this 2.4.25
~- Agreement.
'~ Providing or arranging for any services not otherwise ~ncluded ~n th~s 2.4.26
.= Agreement.
.,~
3 General Conditions
Arltcle 3.1 3.1.1 PJan~,. ~,ketches. dra'~.'mgs, graphic rc. pr,.:sentat~on.~ and ',pc~.'d~,.'at:on,,
Copyright and ay mstrunlents of scrvlc'c are and ~,hall remain the properly .l tit,.'
I)ocument~, not The Client ~,hall I've pernlmed to retain cop~e~, including
reproducd'~ie copies, of plans, sketch..'s, dra'~.'mg~,, graphic repre-
reference purposes, the plans. ',ketches. drawings, graphic rcpre-
sentauons and spectficat~ons shall not be used for additions or altera-
to the use of the plans, sketches, drawings, graphic represenmuons and
speofication~, tbr the prolect, all fees and reimbursable expenses ~)1' the
AJ-chitect arc reqmred to he pard m full.
When models or architectural renderings are specsfically commis-
sioned by the Chent. tile Client shall Ix, entitled to keep the ongmal
model or architectural rendenng
3.1.2 Submissions or dtstnbut~on of the Architect's plans, sketches, drawings,
graphic rcpre'-,entatlons and :.,pec~fications to meet official regulator'
reqmrc, mcnts or for other purposes in connection with the proiect is
not ti) be con~tcued as publication tn derogation of the Architect's
nghts.
Article 3.2 3.2.1 The Archttect shall be entitled at his t:xpense to sign the building by
Authorship mscriptton or oiherw~se on a stntable and reasonably ','is~ble par~ of the
permanent fabric of the hudding.
3.2.2 The Architect shall be entitled to include as part of the Contract
Documents a provision whereby a s~gn identifying the Architect may
AJ'tlcle 3.3 3.3.1 .MI matters tn dispule under thru Agreement may, ',xqth the concurrence
the laws ol the Place of Ibc Work
3.3.2 The parUea to the Agreement may ~omtly apFx)int a ,',ingle arbttrator, or
if they fail to agree on such arhtlrator. ,hall each appoint one nommt:e
[o a board of arbitrauon These nominees ,hall together agree upon a
third person to act as chairman: the three persons ~.o selected shall
3.3 3 The award of the arbitrator or board of arbitration shall be final and
binding upon the parties.
Article 3.-t 3.4.1 If the prolect ix ~u:-.pended or abandoned m whole or in part f~r more
Prolect than a total of 60 days whether consecutive or not, tile Mchttect ~,hall
Abandonment for all 5cr,.'~ce5 performed together ,.x ~th reimbursable expen,,cs then
due and all tem~mauon cxpem,es as defined tn paragraph 3.'5 '5 Ir'the
project t~, resumed after being ~,uspended or abandoned in whole or m
part for more than a total of 60 days whether con~,ecuuve or not, the
~d'chJ[ecl'5 fee shall be eqtutably adlusted.
I'nles~, otherwise ~,tated in th~s Agreement. lhe Architect s services 3.5 1 .Arucle 3 5
terminate one year after cert~ficanon of Substanual Performance. For Term~natmn
the services required following expiry of the period of one year after
cemficatlort of Substantial Performance. the Chent shall arrange w~th
the Architect toe services as provided under paragraph 2 4.20
This Agreement may be lerminated by e~ther party upon seven days 3 5 2
wrinen notice should the other parp,' fail substam~ally to perform m
accordance with its terms through no fault of the parry mittating the
This Agreement may be terminated by the Client upon at least seven 3.5.3
days' wntten notice to the Architect in the event that the prolect is
permanently abandoned.
In the event of termination, the Architect shall be compensated w~thin 3.5.4.
30 days of the date that a n invoice ~s rendered for all serv:ces performed
to termination date. together with rmmbursable expenses then due and
all termmauon expenses as defined m paragraph 3 5.5.
Termination expenses include expenses directly attributable to suspen- 3 5.5
',ion. abandonment or termma.on for wNch the Architect ~s not other-
wise compensated, and in addinon, an amourtt computed as a
percentage of the total fee for basic and additional services earned to
the time of termination, as follows
~a) twenty percent if suspension or termination occurs during the
schematic design phase, or
(b) ten percent ff suspension or term,nauon occurs during the design
development phase: or
(c) five percent if suspension or termination occurs during any sub-
sequent phase
Unless otherwise specified, this Agreement shall be governed by the 3.6.1 Article 3.6
law of the Place of the Work. Law Govermng
This Agreement
The Chent and the Architect. respecuvely brad themselves, their 3.7.1 Pa'ticle 3.7
partners, successors assigns and legal representatives to the other party Successors and
to this Agreement and to the panners, successors, assigns and legal Assigns
representatives of such other party' with respect to all covenants of this
Agreement. Except as otherwise provided here,n, neither the Client nor
the Architect shall assign, sublet, or transfer an ~nterest in th~s Agree-
ment without the written consent of the other.
This Agreement represents the entire and integrated Agreement be- 3.8.1 Article 3.8
tween the Client and the Architect and supersedes all prior negotia- Exxent of
uons. representations, or Agreements, e~ther written or oral. This Agreement
Agreement may be amended only by wrinen instrument ssgned by both
Client and Architect.
In cons~derauon of the premmes and of provision of the services by the 3 9 1 Amcle 3.9
Architect to the Client under this Agreement. the Client agrees that any Liabihty of the
and all claims which he has or hereafter may have against the Architect Architect
in any way arising out of or related to the Architect's duties and
responsthihties pursuant to this Agreement (hereinafter referred to in
th~s Amcle 3 9 as "claims" or "claim"). whether such claims sound in
contract or m tort. shall be limited to the amount of $250.000.00 each
claim and $500,000.00 for all clauns during each period of coverage as
provided by the Architect's professional liability insurance or indemnity
against errors and omissions m effect at the date of execution of this
Agreement. including the deductible portion thereof, and to the extent
only that such insurance or mdemmty ~s avadable to the Architect to
satisfy such claims. The "Architect" tn this paragraph includes officers.
directors, architects, his employees, representatives and consultants
Rez,is:on 1900
3 9 1 &ist sentc*~ce added
3 9 2. The Architect ~, I~J~ct,' for professional habd~ty insurance or mdemmty
l~)r errors and omts~'qons is avadabie (or ms~ct~on by the CJiem at all
t~meb upon request. Pnor to Ihe date of execution of this Agreement. d
the Client wJhhes to mcrea~e the amount of [he coveraRe of such poi,cy
or Io oJ)~am olhcr ~cml insurance cuveraRe. Ihen the ~ch~lect shall
co-operale with Ihe Client to ob~m such incr~a~d or ~cJal in~u rance
cove~e ;t the Clien~ s expense.
39.3 I( is agreed that:
~a) the Clienl w~ll not asseff a claim against the Mchitect unless the
Client ha, as~ned such a claim within any required time limilauon
against all ~ns who might r~sonab[y ~ liable therefore and
~ b) any waiver by the Client w~th respect to a claim in favour of any of
such persons shall constitute a wawer hy the Client in favour of the
Mchaect wi~ res~ct to any cla~ against the Mchilect.
In this paragraph. 'waiver by the Client" includes any A~eement by
the Client to a hm~tation, exclusion or relea~ whether in whole or ~
pa~ of the habdiB' of another to the Client but d~s not include a fmr
Agreement of ~¢tlement.
39.4 It is agreed that the Architect shall not ~ liable for ~mages, m~erest.
costs or any other ex~n~s arising out of the failure of any manufac-
tured product or any manufactured or facto~ as~mbled system of
components to perform m accordance with the manufacturer's
specifications, advemsmg, pr~uct {iterature or wn~en d~umentat~on
on which the Archite~ relied in the preparation of the design, const~c-
lion or supplemental' d~uments
39.5 [t is agreed that Ihe Architect sha[I not ~ liable for any cla~, action or
su~t arising out of or m connection with the inappropriate u~ of the
prolect by the Client, the owner, any tenant or their res~ct~ve agenm,
employees or consultants or with respect to any work ~ffo~ed by
them which is not pan of the Work as defined by this Agreement.
3.9.6 ~e Archaect's liability for all claims of the Client shall absolutely c~se
to exist after a ~n~ of six (6) years from the ~te of:
(a) Substantial Performance of the Work.
(b) sus~n~on or abandonment of the project.
(c) termination of the ~ch~tect's sewices m this Agreement. or
(d) commencement of the hnntation pen~ for claims prescn~d by
any smlute of ~e province or lem~oo' of Ibe Place of the Work
whichever shall fi~t ~cur, and following the expiration of such penod.
the Client shall have no claim whals~ver against the Architect. The
Mchitect's liabih~' w~th resp~t to any claims a~sing out of this Agree-
ment shall be ab~[utely limited to d~rect damages a~sing out of the
~chitect's se~'<es rendered under Ibis Agreement. and ~e Architect
shall bear no liabdity whatsoever for any con~quential loss. mju~' or
damage incurred by the Cliem. including, but not limited Io. claims for
Io~ of profits and loss of markets.
39 7 Unless othe~'tse provided m this Agreement. the Architect and the
Mchltect's consultants shall have no responsibility for the di~ove~.
presence, handling, removal or diaposal of or exposure of per~ons to
hazardous matenals tn any form at the Prolecl site. including but no~
hm~ted to a,~stos, as~stos producls, polychlorinated bipheny[ (PCB ~
or any other toxic ~ubsta~Ce5.
Red,sion 1990
3 9 qund ~leu'.q 0 ~
Fees and Reimbursable Expenses 4
flier(' insert bas~s (J' fi'es. I~lc'lzldm.t,. fi. red a)~lc)zolt.% mn~tip~es. ~r Services
,q)/)(l'. tj'uece.tsan' ~
See attached Appendix "g" fees for
Claremont Community Centre.
:,*_]wm.mc l)e~qgn Ph~',e p~_.rcent ( 12.
l)e~,]gn De',.'elopmenl Pha-.e percent ( 12.
Con~4ru¢'tion Documents Phase percent ( ..$0 ";')
13iddmg or Negot:ahon Phase percent I $
Tola] one hundred percent i 100 %)
percenlage of the fee for the pha:,e~, ~)1 ser,.'~ce~ ~,tated above shall be
calculated on the follov,
Budget .It the commencem~_'nl of the pha,e
or pre','lously appro,, ed dl),. umenls prepared by the Architect tn any
apphcahlc phases.
designed but then ~.leleted (',r olherv, t,c not huiit, the fee sit:d] l-,e :n
Fees lot .~ 6 Fees for the Archaect's addiuonal ~.,r,,~ces. excluding those provided
Add~tl~ mai hy the Mchaect's consultants. ,hall he computed as fi>flows
5¢~'~cc.s there, mseff basis c~' fi, es. 111chtdlllR rates an~or multiples (fi'direct
~,~onnel ea~,~es for ~fice~. director, pa~ne~', pnnc~ls and
em~Rl't~'a~ and l&,nt~i' t~fice~, dlrec'mm, pan,leto, pnnct~]5, and
c~V emplpsves. ~'requlred ldent~v 3~,c~c senates to U'hlCh ~r-
ticu~r fiw calculations apply, ff necessaO' ~
Principal $136.00
Associate/Project Manager $100.00
Senior Designer $ 92.00
Job Captain $ 84,00
Technologist $ 68.00
Junior Technologist $ 52,00
Clerical $ 48,00
4.7 Fees for additional ~'rv~ces provsded by the Architect's consultants shall
be as invoiced by the consultant according to the hourly fee rotes or
multiples of direct personnel expense set out below plus 0 %
of the consultant's invoiced amounts.
(Identify specific O'pes of col~sultants lU Article 5, if required )
Direct Personnel 4.8 Direct personnel expense means the salary of the Architect's or the
Expense consultant's personnel engaged on the project plus the Architect's or
the consultant's portions of the cost of mandatory, and customary
contributions and benefils related therelo which include employment
rexes and other statutory benef:t~. ~nsurance. sick leave, holidays.
vacations, pensions and sumlar contrlbuuons and benefits.
Reimbursable '~.9 Reimbursable expenses are ~he actual expenditures of the Architect.
Expenses employees, and the consultants in the interest of the project plus 0~%
of such actual expenditures. They include expenditures for the follow-
lng:
~a) travel, e g.. for trans~r~ation, lodging and meals, with car expense
computed at _per kilometer:
(b) communication and shipping, e g.. for long distance telephone
calls, telegrams, telex, couner service, postage and eJectromc
conveyances:
to) reproduction tff plans..~ketche,, dra~.'mgs, graphic repre-
sentatu)ns. ,pecfficauons and other documents, i rK'ludmg
reproductions for the Architect's and lhe consultant's off~ce use:
(d) preparation of rendenngs, models, and mock-ups requested by the
Client:
(el fees. levies, duties or taxes/bt pc'traits, hcences or approvals from
authorities having junsdicuon.
ti3 data processing and phntograph~c .-.en'~ces relative to addaional
:,ervices of the Archttect:
~g) overttme work authorized in advance by lhe Client to the exlenl
that the cost of such work exceeds normal direct personnel ex-
pense~:
(h) insurance requested by d~e Chent m excess of d~at normally carried
hy the Architect and the con',ultanLs.
[ 'npu~d accounts ~haJl bear interest at 2% per annum above the Bunk -~. lO Interest
R~te ?) day:., ufter the date that the invoice for Ices. re~mbur'~ahle
expc, nses. und applicable tuxes hah b~'en rendered by the Architect
.4rcbltect L~ prmclpal places (,fbuslness. Ibc Io¢'a;~on of tbe prolcc~ and
elsett'bere m~y ~j~ect
~bot~kl I~ obtalnecl tt'tth res~ct to deletton, m~l~tcatlo~t, or other
No deductions shall be made from amounts payable to the Architect 4.11 Deducnons
on account of pertain', hqmdated damages, or other sums wtthheid
from paymenm to Contractors. or on account of the cost of changes in
the %'ork other than those for which the Architect ~s proven to be legally
responsible.
If the ~cope of the prolect or of the Architect's se~'tces t~ changed 4 12 Changes and
matermlly the fees ~hall be equitably adlusted. Adjustmen~
[f and to the e~ent that the c~)ntract hme mmally estabhshed m the 4 13
Contrac~ for constmcuon ts exceeded or extended through no fault of
the ,~chitect, fees for any basic ~c~'~ces reqmred for such extended
period of the contract admm~mmon shall be computed as set fo~h in
paragraphs 4.6 and 4.7
]1' the Architect's se~'ices for the sthemauc design phase, the design 4 14
development phase, and the const~cuon d~uments phase have not
~en completed within ~ months after the date of th~s
Agreement, or for the remammg phases within twelve months
after the date of this AgreemenL through no fault of the ~ch~tect. the
amounts, rates, and multmples set fo~h in thms Amcle applicable to the
respective phases of sc~'~ce shall be huble(t to review and eqmtable
adiu~tment.
Hourly rates of fees in paragraphs 4.6 and 4
adiustment annually
there, mse~ effecm$ dates or ttme~nods for~nodtc adjttstments
boHr(v rgtt~s or ~ltdtlples. alotl~
included in this Agreement are requmred by federal or provmclal legis-
)atmon Jt'ter the Agreement ~s executed, the amount under th~s Agree-
meat shall be adjusted to include such lcvmes.
Fees and reimburhable cxpcn~'s may bc sublect ~o the Federal Goods
and Sc~'iccs Tax. The Client sha[l pay lo Ihe Architect. together w~th
and in addmtion to any fees and rmmbursable expenses that ~come
payable, any G~ and Se~'~ces Taxes that become payable in relation
to ~he fees and reimbursable expenses as required by legislation.
The Architect shall mammmn, hy generally accepted accounting ~.17 .tccountmg
to the Architect's additional sem'~ces and se~'mces for wh)ch the fee ~s
computed as a multiple of direct personnel expense. These records
,hall be available to the Chum at mutually com'ement time~.
R¢~,ls)o*t 1090
5 Other Conditions of Services
5.1 Goods and Services Tax (G.S.T,) will be added to all fees and
reimbursable expenses as required by ;aw.
5.2 The ~rchitects reserve the right to suspend further services
withln 30 days of providing written notice of a delinquent
account and notice to suspend work, until the fee paj4nent has
been resolved.
Client
Wayne Arthurs, Mayor
Bruce Taylor, Town Clerk
Gen] ld o°S- -'D~a 1'
Ann Parrott
MOFFAT
KINOSHITA
ASSOCIATES
APPENDIX"A" }~., ~ )ii~, 11
FEES
Our FEES for CLAREMONT COMMUNITY CENTRE shall be computed as
follows:
a) for Predesign Services such as programme definition (user needs),
feasibility studies, site studies, site plan agreement drawings and
process etc. would be billed on an hourly rate. (See Article 4.6)
b) for Schematic Design and Design Development Phases of the work
including structural, mechanical, electrical engineering consultancy:
2.3% of the approved Estimated Construction Budget.
c) for Construction Documentation and Specification Phases of the work
including structural, mechanical, electrical engineering work: 4.5% of
the approved Estimated Construction Cost.
d) for Field Review and Contract Administration Services during
Construction including field review and administration services by
structural, mechanical and electrical engineering consultant~: 2.4% of
the actual Construction Cost.