HomeMy WebLinkAboutBy-law 4273/93 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4273/93
Being a by-law to authorize the execution of a
Consulting Agreement between The Colborne
Architectural Group Inc. and The Corporation of the
Town of Pickering respecting the preparation of the
Town Centre West Design and Land Use Study.
WHEREAS, pursuant to the provisions of section 17 of the Planning Act, R.S.O. 1990, chapter P. 13, the
Council of The Corporation of the Town of Pi.ckering may provide for the preparation of a plan or plans,
and amendments thereto, suitable for adoption as the official plan of the municipality; and
WHEREAS, on March 22, 1993 the Council made Resolution 59/93, providing for the retaining of The
Colborne Architectural Group Inc. to undetnake the Town Centre West Design and Land Use Study;
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 Consulting Agreement, in the form
attached hereto as Schedule A, between The Colbome Architectural Group Inc. and The
Corporation of the Town of Picketing respecting the preparation of the Town Centre West
Design and Land Use Study.
BY-LAW read a first, second and third time and finally passed this 28th day of June, 1993.
Wayne ArthUra~Vla~
TOWN OF
PICKCRtNi
AP?ROVe,9
~S TO FORM
LEGAL DEPT
THIS AGREEMENT made in quadruplicate as of the llth day of
June, 1993.
BETWEEN:
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Client"
OF THE FIRST PART
= and --
THE COLBORNE ARCHITECTURAL GROUP INC.
hereinafter called the "Consultant"
OF THE SECOND PART
WHEREAS by virtue of a Council Resolution dated 22 March 1993
Resolution No. 59/93 the Client has retained the Consultant to
furnish professional planning and consultation services in
connection with the Pickering Town Centre West Study as set forth
in the proposal entitled:
Pickering Town Centre West Study
hereinafter referred to as Schedule "A" attached to and forming a
part of this agreement.
NOW THEREFORE THIS AGREEMENT WITNESSETH that for the
consideration and upon the terms and conditions hereinafter set
forth the parties mutually covenant and agree as follows:
1. SCOPE OF SERVICES
The Consultant agrees to furnish and perform professional
services with respect to the Pickering Town Centre West
Study in conformance with the methodology and detailed work
description set forth in the proposal and contained in
Schedule "A" attached.
The Consultant agrees to supply, at its expense, all staff,
equipment and technical advice necessary to perform the
services to be furnished under this agreement.
2. THE CLIENT'S RESPONSIBILITY
The Client will make available any information and materials
relevant to the work which are in its possession for use by
the Consultant, and will make available at reasonable time,
staff members for the purpose of any necessary consultation.
The Consultant shall not be responsible for costs or damages
arising from errors or omissions in any of the information
which is supplied by the Client or its agents.
3. THE CONSULTANT'S RESPONSIBILITIES - INDEMNITY
The Consultant hereby agrees that it will, from time to time
and at all time hereafter, well and truly save, keep
harmless and fully indemnify the Client, its successors and
assigns, from and against all action, claims and demands
whatsoever which may be brought against or made upon the
Client, and against all loss, liability, judgments, costs,
demands or expenses which the Client may sustain, suffer or
be put to resulting from or arising out of the work done by
it, or by reason of, or an account of, or resulting from, or
arising out of the failure to exercise reasonable care,
skill or diligence in the performance or rendering of any
work or service required hereunder to be performed or
rendered by the Consultant, its agents, servants, employees
or subconsultants, or any of them.
4. SUBCONSULTANTS
The Consultant will be solely responsible for the payment of
any subconsultants employed, engaged or retained by it for
the purpose of assisting it in the discharge of its
obligations under this Agreement. The Consultant shall
coordinate the services of all subconsultants so employed,
engaged or retained by it.
5. BASIS OF COMPENSATION
The Client shall pay to the Consultant in full payment and
compensation for its Services including disbursements
properly incurrred by it in carrying out its Services
including disbursements properly incurred by it in carrying
out its Services, and amount not to exceed FORTY THOUSAND
DOLLARS ($40,000.00). No payment in excess of the said sum
will be made without the authorization of the Client.
6. PAYMENTS AND ACCOUNTS
The Consultant may submit billings to the Client at the
completion of each stage identified in Schedule "A" and such
billings shall be paid by the Client within thirty (30)
days.
2
Interest charges of two (2) percentage points above prime
will be charged on all overdue accounts.
If requested, the Consultant will make available to the
Client such accounts, records, receipts, vouchers and
documents for the purpose of substantiating its billings.
7. ADDITIONAL SERVICES
The Client shall pay to the Consultant an additional amount
for any additional services on written authorization to
perform supplementary work. Fees for authorized additional
services will be billed at the then prevailing hourly rates
or as negotiated by the Consultant and the Client and
confirmed in writing by the Consultant.
The rate of payment for any such additional services is to
be as authorized in writing by the Client. Work on
additional services will not proceed without the
aforementioned written authorization.
8. TIME SCHEDULE
The Consultant shall carry out the work with the utmost
dispatch and, subject to delays beyond its control, shall
complete the work in accordance with Schedule "A" adjusted
to the starting date. Should the schedule be extended
through no fault of the Consultant, beyond the completion
date identified for each stage, the compensation set forth
in Paragraph 6 shall be subject to adjustment.
9. DISMISSAL
It is agreed between the parties hereto that the Consultant
may, on fourteen (14) days' prior written notice, be
dismissed by the Client at any time with or without cause.
Upon receipt of such notice the Consultant shall perform no
further services other than those reasonably necessary to
close out its service. The Consultant will be paid for all
work done to the date of dismissal.
10. TERMINATION
It is agreed between the parties hereto that the Consultant
shall have the right to terminate this Agreement on fourteen
(14) days' prior written notice should the Client fail
substantially to perform in accordance with the terms of
this Agreement through no fault of the Consultant. The
Consultant will be paid for all work done to the date of
such termination.
11. RIGHT OF USE
Upon dismissal of the Consultant pursuant to paragraph 9, or
upon early termination of this Agreement pursuant to
paragraph l0 and settlement of all accounts, and upon
completion of the Consultant's obligations under this
Agreement, all information, negatives from original
photocopy, data, material, sketches, blueprints, computer
disks, plans, notes, documents, memoranda, specifications or
other paperwriting gathered, assembled or prepared by the
Consultant, its employees, servants, sub-consultants or
agents, for the purpose of such Agreement shall be
reimbursable and thereupon become the sole property of the
Client. The Consultant, its employees, servants, sub-
consultants and agents shall forthwith deliver to the Client
any or all of the aforesaid subject matter that the Client,
in its sole discretion may request in writing, provided
however:
(a) The Consultant may retain the originals of such subject
matter provided that reproducible copies as required in
writing are delivered to the Client.
12. CONFIDENTIAL DATA
The Consultant shall not divulge any confidential
information communicated or acquired by it in the course of
carrying out its consulting services.
13. OFFICIAL NOTIFICATION
(1) Any notice herein required or permitted to be given
under this Agreement shall be delivered or sent by
prepaid registered mail to:
THE CORPORATION OF THE TOWN OF PICKERING
Planning Department
Pickering Civic Centre
One The Esplanade
Pickering, Ontario
LlV 6K7
Attention: Neil Carroll
Director of Planning
THE COLBORNE ARCHITECTURAL GROUP INC.
429 Queen Street East
Toronto, Ontario
M5A 1T5
Attention: Paul J. Nevins, Partner
(2) Any notice given in accordance with subparagraph (1)
hereof, shall be deemed to have been given on the day
of delivery.
(3) Either party hereto may at any time give notice under
this paragraph to the other of a change of address and
thereafter such changed address shall be substituted
for the previous address set out in subparagraph (1)
hereof.
14. INTERPRETATION
Words importing the masculine gender shall include the
feminine and neuter, and the singular shall include the
plural where the meaning or context so requires.
15. COMPLETE AGREEMENT
(1) This Agreement constitutes the complete and exclusive
statement of the agreement between the parties, which
supersedes all proposals, oral or written, and all
other communications between the parties, relating to
the subject matter of this Agreement.
(2) If one or more of the phrases, sentences, clauses or
paragraphs contained in this Agreement shall be
declared invalid by the final and unappealable order,
decree or judgment of any court of competent
jurisdiction, this Agreement shall be construed as if
such phrase(s), sentence(s), clause(s) or paragraph(s),
had not been inserted.
(3) This Agreement may be changed only by a written
amendment signed and sealed by authorized
representatives of both parties, or by a court order
pursuant to subparagraph (2) hereof.
16. SUCCESSORS AND ASSIGNS
This Agreement shall jointly and severally enure to the
benefit of and be binding upon the Consultant hereto, its
heirs, executors, administrators, successors and assigns.
Provided however that the Consultant shall not assign this
Agreement or any interest herein without the prior written
consent of the Client.
This Agreement shall be binding upon and enure to the
benefit of the parties hereto and their respective
successors and permitted assigns.
This Agreement shall enure to the benefit of and be binding
upon the Client, its successors and assigns.
5
IN WITNESS WHEREOF the Client has hereunto affixed its corporate
seal attested to by the hands of its respective proper signing
officers in that behalf duly authorized, and the Consultant has
herewith set its hand and seal.
SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE
TOWN OF PICKERING
in the presence of:
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
THE COLBORNE ARCHITECTURAL
GROUP INC.
Paul J. Nevins, Partner
6
SCHEDULE "A"
THE ' PelerA. Ber~on ~ ~c..o,~
ARC H ITECT U RAL s,~ph., c. Qui~ley ,..,, ~..o. ~*~
GROUP Dick M. S~i-Ch~, ,~H .O~ ~. ~,~
~ ~e ~993
Town of Pickering
Planning Department
One The Esplanade
Pickering, Ontario
LlV 6K7
Attention: Mr. Tom Melymuk
Deputy Director
Dear Mr. Melymuk:
Re: Pickering Town Centre West Study
Our Project No. 9317
We are pleased to submit our proposal revised in accordance
with our meetings with you on Friday 07 May and Wednesday
02 June 1993.
We have engaged the firm of Sabourin Kimble & Associates
Ltd. (Consulting Engineers) to provide us with the input
and review capability required to analyze sanitary, storm
water and piped water constraints to this block. Also, we
have engaged the firm BA Consulting Group Ltd. to provide
expert analysis of all the traffic and road design issues.
The inclusion of these two groups to our consulting team
will be a great benefit in dealing with Regional and
Provincial authorities.
We acknowledge receipt of your letter of authorization
dated 02 June 1993 addressed to Victor Lind, Urban Land
Consultant.
/2
429 QUEEN STREET EAST, TORONTO, CANADA MSA 1T5 · PHONE (416) 862-0926 · FAX (416) 862-2047
Mr. Tom Melymuk
Town of Pickering
Page Two
We enclose two copies of our proposed agreement for your
signature along with our revised proposal. In the
meantime, we will proceed on the basis of the attached
agreement with the knowledge that Council has authorized
funds for this purpose.
Yours very truly
THE COLBORNE ARCHITECTURAL GROUP INC.
in association with
VICTOR N. LIND, Urban Land Consultant
Paul J. Nevins, Partner
PJN/VL:sH
9317Pick.ltr
Attachments
PICKERING TOWN CENTRE WEST STUDY
INTRODUCTION
This proposal replaces an earlier one dated 23 February 1993.
An urban design and land use study is being proposed for the block of land between
Kingston Road (Hwy. #2) and Hwy. #401 on the north and south and between the C.N.R.
overpass (Dixie Road) in the west and Liverpool Road to the east.
This block consists of predominantly commercialized development which was originally
conceived as industrial in land use with ancillary highway-commercial uses. Over the past
2 decades, the highest and best use for this land has shifted from industrial to mixed uses
of varying degrees. However, the underlying Official Plan designation remains industrial.
This undermines the efforts of those Landowners who are seeking rezoning to take
advantage of the shift in markets and who wish to capitalize on the unique exposure to
both major Provincial Highways bordering the north and south sides of this block.
As an adjunct to the Official Plan Review process underway in Pickering, it is proposed that
a set of development guidelines be prepared to control re-development over the next 25
year time-frame, and that proposed land uses be updated and integrated throughout the
entire block, rather than on a property-by-property basis. The Landowners west of Pine
Creek have been asked to contribute financially to this process in order that a consensus
plan may be presented to Council in early Fall 1993.
In this way, it is hoped that many of the contentious issues surrounding land use options
can be resolved through this Urban Design and Land Use Study before the more formal
process involving an Official Plan Amendment and Rezoning. As part of the process,
residents of the surrounding neighbourhoods will be invited to be involved in the
consultation process with the Landowners.
THE STUDY TEAM
The study will be conducted by the following team members:
o Project Coordinator, Victor N. Lind, M.C.I.P., U}ban Land Consultant
As Manager of this study, Victor will coordinate the work of the consultants, and be
the principal contract with the Town staff and Landowners. In addition, he will
provide input to the land use planning/urban design options and rationalize the
phasing of the future development scenarios. He will be available for all meetings.
o Urban Designer, Paul J. Nevins, B.A., B.Arch., OAA, MRAIC of The Colborne
Architectural Group Inc.
As Principal Architect, Paul will direct the urban design component of the study and
will work closely with Town staff in reviewing designs at each stage, leading up to
the final document. He will be available for all meetings.
o Civil Engineering, Allan B. Kimble, P.Eng. of Sabourin Kimble & Associates Ltd.
As Principal Engineer, Allan will be responsible for reviewing all technical
engineering aspects in identifying development constraints and providing input on
proposed land use options. In addition to sanitary and water needs, he will focus
on stormwater management requirements. He will be available for all internal
meetings of the study team, and at least one meeting with the Town, if required.
o Traffic Engineering, John E. Barrington, C.E.T. of B/A Consulting Group Ltd.
John will review all land use options with respect to traffic matters and maintain
appropriate liaison with Ministry of Transportation for comments on their
requirements. He will be available for all internal meetings of the study team, and
at least one meeting with the Town, if required.
PICKERING TOWN CENTRE WEST STUDY
PROGRAM AND TIMING
Stage One Target Date (1993)
1.0 Finalize Proposal 02 June
1.1 Receive Draft Land Use Plan from
Staff 07 June
1.2 Develop Preliminary Engineering
Constraints Plan and Revise Land
Use if necessary; staff to present
Draft Land Use Plan to ratepayer
representatives 25 June
1.3 Finalize Draft showing rough-cut
densities, massing, setbacks, roads,
etc., projection on Engineering
capacities; Joint Team/Staff
Meeting 25 June
1.4 Revisions for Meeting with
Landowners to present 1st draft 05 July
1.5 Meeting with ratepayer representatives
to present 1st draft 07 July
1.6 Submit Stage One Report 14 July
Sta§e Two
2.0 Continue Design work; on-going
technical engineering review and
revisions based on 1st meeting;
Joint Team/Staff Meeting 28 July
2.1 Joint Meeting with Landowners/
Ratepayer Reps to present
revisions and show Urban Design
in more detail 05 August
2.3 Joint Team/Staff Meeting to review
consultation; finalize urban design
guidelines/land use designations;
review phasing of future development
scenarios iftime/fee permits 01 September
2.4 Submit Stage Two Report 07 September
Stage Three
3.0 Present schemes to Public Open House 13 September
3.1 Revisions if necessary; finalize
Report, plans and presentations for
Planning Committee and/or Council 12 October
3.2 Acceptance of Guidelines by Staff
or Council October
The above schedule estimates the time required to go through the process and assumes no
major disputes or technical problems which could delay the final plans. Allowance has
been made in the schedule for the fact that summer holidays typically affect completion
times.
FEE SCHEDULE
All principal consultants and their staff will be working on a per diem rate basis of
$675/day (7.5 hr. day) for Principals and $375/day for Technicians, with a maximum
budget of $40,000.00 for the study, inclusive of all expenses, labour and GST.
Further, we have defined the upset budget by stage, on the following estimates. Amounts
not billed in each stage will be available for succeeding stages within the total upset limit.
Stage One
Colborne/Lind $ 8,500.00
Sabourin Kimble $ 1,500.00
B/A Group $ 1,500.00
Disbursements $ 800.00
GST $ 900.00
$13,200.00 $13,200.00
Stage Two
Colborne/Lind $15,000.00
Sabourin Kimble $ 1,000.00
B/A Group $ 1,000.00
Disbursements $ 1,300.00
GST $ 1,300.00
$19,600 .00 $19,600.00
Stage Three
Colborne/Lind $ 6,500.00
Sabourin Kimble $ ---
B/A Group $ ---
Disbursements $ 200.00
GST $ 500.00
$ 7,200.00 $ 7,200.00
TOTAL UPSET BUDGET ALL STAGES $40,000.00
The Colborne Architectural Group Inc. will execute the legal contract with the client, The
Corporation of the Town of Picketing. All other associated consultants will contract with
The Colborne ArchitectUral Group Inc.
Invoices will be submitted to the Town at the end of each stage or mutually agreed
milestone and will be due and payable within 30 days of receipt. On each invoice, total
hours and project-related expenses will be broken down by individual consultant. Project-
related expenses and disbursements will be marked up by a 10% administration fee. The
Federal Goods and Services Tax is applicable as an extra charge to all fees and expenses
incurred, and is included in the quoted upset fee.
CONTENTS OF FINAL REPORT
The following lists the proposed contents to be included in the final report, submitted to
the Town of Picketing. The fee proposal includes the cost of printing of 30 bound copies
suitable far distribution and reproduction.
1. Description of Existing Conditions and Need for Study - Text with Photographs and
Site Plan.
2. Study Parameters and Engineering Constraints. Text with Graphic Material.
3. General Obiectives - Text with possibly some Sketches.
4. Land Use .1 Land Use Plan (refinement of I~lan as provided by Town)
.2 Density Distribution Plan (refinement of Plan as provided by Town).
S. Design Guidelines - with Graphic Material .1 Storm Water Management
.2 Pedestrian Circulation, Open Spaces and Landscaping
.3 Parking, Roads and Vehicular Access
.4 Building Setbacks and Build-to Lines
.5 Density Distribution by Precinct and Building
.6 Building Heights
.7 Maximum Building Height to Setback
.8 Two Dimensional Site Plan (Detailed Land Use Plan Based on Design
Guidelines)
.9 Three Dimensional Site Plan
.10 Site Sections
.11 Shadow Diagrams.
6. Study Area Statistics.
7. Pedestrian Level Perspectives Illustrating Physical Character to be Achieved.
8. Development Scenarios (Time/Fee Permitting).