HomeMy WebLinkAboutBy-law 407/76THE CORPORATION' OF THE TOWN OF PIC'KERING
BY-LAW NUMBER ?i ?`] 7(c,
Being a by-law of the Corporation
of the Town of Pickering to
authorizing the execution of an
agreement between the Corporation
of the Town of Pickering and
T.W. Beddall with respect to
Management Services for the
Bay Ridges Community Centre and
Branch Library
The Council of the Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. That the Mayor and Administrator-Clerk be
authorized to execute an agreement dated the
day of 1976, between
the Corporation of the Town of Pickering and
T.W. Beddall, Architect, with respect to
Management Services for the Bay Ridges
Community Centre and Branch Library.
By-law read a first, second and third time and PASSED this
1"1 ( day of 1976.
n
Mayor
Administrator-Clerk
s
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THIS AGREEMENT MADE (IN DUPLICATE) THIS
BETWEEN
THE CORPORATION OF THE TOWN OF PICKERING
HEREINAFTER CALLED THE OWNER
OF THE FIRST PART
-AND-
T. W. DEDDALL OF THE TOWN OF PICKERING, IN THE REGION
OF DURHAM, ARCHITECT,
ii
HEREINAFTER CALLED THE PROJECT MANAGER
OF THE SECOND PART
WHEREAS THE OWNER OWNS CERTAIN LANDS AND BUILDING IN THE TOWN OF
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PICKERING AND THE OWNER WISHES TO CONSTRUCT A COMMUNITY CENTRE AND
BRANCH LIBRARY, WHICH SAID COMMUNITY CENTRE AND BRANCH LIBRARY AND
?I
SAID LANDS OWNED BY THE OWNER SHALL HEREINAFTER IN THIS AGREEMENT BE
CALLED THE "PROJECT";
ij AND UHEREAS THE OWNER HAS ENGAGED THE SAID T. W. BEDDALL IN HIS
CAPACITY AS AN ARCHITECT TO PERFORM CERTAIN PROFESSIONAL SERVICES AS
ARE SET FORTH IN AGREEMENTS BETWEEN THE OWNER AND THE SAID T. W. BEDDALL
FOR THE PREPARATION OF THE WORKING DRAWINGS AND SPECIFICATIONS FOR THE
ii
PROJECT UPON THE TERMS AND FOR THE REMUNERATION AS IS SET OUT IN THE
SAID AGREEMENTS FOR PROFESSIONAL SERVICES WHICH SAID AGREEMENTS ARE
DATED THE 1ST DAY OF OCTOBER 1975 AND THE 8TH DAY OF DECEMBER 1975,
it
AND ARE REFERRED TO HEREINAFTER IN THIS AGREEMENT AS THE "ARCHITECTURAL
AGREEMENTS".
AND WHEREAS THE OWNER HAS AGREED TO ENTER INTO THIS AGREEMENT WITH
THE PROJECT MANAGER FOR THE PURPOSE OF THE COMPREHENSIVE MANAGEMENT OF
THE BUILDING OF THE PROJECT FROM THE CONCEPTION THEREOF TO THE COMPLETING
OF THE CONSTRUCTION THEREOF, AND THE COMMISSIONING THEREOF FOR ALL THE
ii ASPECTS OF SUCH CONCEPTION, COMPLETION AMD CO"MISSION OF THE PROJECT AS
IS NOT INCLUDED IN THE ARCHITECTURAL AGREEMENTS;
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AND LIHEREAS THIS AGREEMENT IS BEIPJG ENTERED INTO BY THE
PARTIES HERETO TO CONFIRM THE APPOINTMENT OF THE PROJECT MANAGER AND
TO SET OUT THE DUTIES AND OBLIGATIONS OF THE PARTIES HERETO AND FOR
THE PURPOSE OF SETTING THE FEE TO DE PAID TO THE PROJECT MANAGER FOR
THE SERVICES TO DE PERFORMED BY HIM AS REQUIRED DY THIS AGREEMENT.
NOW THEREFORE THE OWNER AND THE PROJECT MANAGER FOR THE
CONSIDERATION HEREINAFTER NAMED, AGREE AS FOLLOWS:
ARTICLE 1
{I THE OWNER HEREDY APPOINTS THE PROJECT MANAGER AS ITS AGENT TO
PERFORM THE MANAGEMENT OF THE CONSTRUCTION, COMPLETION AND COMMISSIONING
G
r OF THE PROJECT IN THE PLACE AND STEAD OF THE OWNER WHICH SAID DUTIES
ICI SHALL, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING INCLUDE THE
I I
FOLLOWING:
L
A) THE CALL114G FOR TENDERS FROM THE SUB-TRADESMEN, FOR WORKS REQUIRED
TO BE DONE TO COMPLETE THE PROJECT AND THE SUBMISSION OF SUCH
TENDERS IN THE FORM ATTACHED TO THIS AGREEMENT AND MARKED SCHEDULE
"AII HERETO, TO THE OWNER FOR ITS ACCEPTANCE.
?j D) THE PREPARATION OF SUCH PURCHASE ORDERS ON THE OWNERS' STANDARD
PURCHASE ORDER FORMS AS MAY BE REQUIRED FOR THE PURPOSE OF
i
CONSTRUCTION MATERIALS AND EQUIPMENT AS MAY BE REQUIRED TO
II COMPLETE THE PROJECT AND THE SUBMISSION OF THE PURCHASE ORDERS
TO THE OWNER FOR ITS AUTHORIZATION TO PURCHASE.
C) TO RECOMMEND ONCE IN EACH MONTH DURING THE PERIOD OF CONSTRUCTION
TO THE OWNER SUCH ACCOUNTS OF SUB-CONTRACTORS, VENDORS AND OTHER
'i PERSONS OR CORPORATIONS AS MAY BE PUE FROM TIME TO TIME AND TO
'I
.I RECOMMEND SUCH HOLDBACKS AS MAY BE REQUIRED UNDER THE MECHANICS'
LIEN ACT AS THE OWNER MAY BE REQUIRED TO MAKE.
it
D) TO OBTAIN IN THE OWNERS NAME THE GUARANTEES REQUIRED FROM THE
i
SUB-CONTRACTORS AND THE GUARANTEES OF MATERIAL AND EQUIPMENT AS
MAY BE OBTAINED FROM THE SUPPLIERS THEREOF AND IF REQUIRED AS A
RESULT OF FAULTY WORKMANSHIP AND/OR FAULTY MATERIALS AND EQUIPMENT
' l
TO ASSIST THE OWNER IN CAUSING CONTRACTORS AND SUPPLIERS TO MAKE
GOOD THE WORK, MATERIALS AND EQUIPMENT IN ACCORDANCE WITH THE TERMS
OF THE GUARANTEES HEREIN MENTIONED.
l
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E) TO GENERALLY SUPERVISE THE CONSTRUCTION, COMPLETION AND
COMMISSIONING OF THE PROJECT BY THE SUB-CONTRACTORS AND SUPPLIERS
OF MATERIALS AND EQUIPMENT AND IN THE COURSE OF SUCH SUPF,RVISION
TO PROVIDE, EMPLOY AND PAY FROM HIS OWN FUNDS THE FOLLOWING
PERSONNEL UNTIL THE PROJECT IS COMPLETED;
1) A CONSTRUCTION MANAGER ON A FULL TIME BASIS.
11) A CONSTRUCTION LABOURER ON A FULL TIME BASIS
111) A BOOKKEEPER FOR SUCH PERIODS OF TIME AS MAY BE REQUIRED
DURING THE CONSTRUCTION PERIOD.
F) TO REPORT TO THE OWNER FROM TIME TO TIME, BUT AT LEAST EACH TWO
WEEKS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT ON THE
PROGRESS OF THE PROJECT AND TO SUPPLY SUCH REPORTS AND OTHER
MATERIALS AS THE OWNER MAY REASONABLY REQUIRE FROM TIME TO TIME.
ARTICLE 2
THE PROJECT MANAGER ACCEPTS THE APPOINTMENT AS AGENT OF THE OWNER
AND AGREES TO CARRY OUT THE DUTIES SET OUT IN ARTICLE 1 HEREOF IN SUCH
A MANNER TO COMPLETE THE PROJECT IN ACCORDANCE WITH THE PLANS AND
SPECIFICATIONS HERETOFORE APPROVED BY THE OWNER.
ARTICLE 3
THE OWNER SHALL:
A? PROMPTLY HOLD SUCH MEETINGS AS MAY DE REQUIRED TO PROPERLY
AUTHORIZE THE ACCEPTANCE OF TENDERS, THE PURCHASE OF MATERIAL
AND EQUIPMENT AND THE PAYMENT OF ACCOUNTS AS CONTEMPLATED BY
ARTICLE 1 HEREOF.
B) PAY TO THE PROJECT MANAGER AS HIS FEE FOR THE SERVICES ACQUIRED
TO BE PERFORMED BY HIM PURSUANT TO THE TERMS OF THIS AGREEMENT
THE SUM OF
OF LAWFUL MONEY OF CANADA WHICH SAID SUM IS CALCUALTED IN ACCORDANCE
WITH THE RECOMMENDED MINIMUM CHARGES FOR SUCH SERVICES AS
STIPULATED BY THE ONTARIO ASSOCIATION OF ARCHITECTS, PAYABLE IN
EQUAL CONSECUTIVE MONTHLY INSTALMENTS OF "
THEREOF MONTHLY UNTIL THE TOTAL SUM OF
IS PAID.
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THE FIRST OF SUCH PAYMENTS TO DE MADE ONE MONTH FROM THE DATE
OF COMMENCEMENT OF CONSTRUCTION OF THE PROJECT.
IN WITNESS WHERE& THE PARTIES HERETO HAVE EAECUTEO THIS AGREEMENT.
THE CORPORATI O ; OF THE TOWN OF PI CKERI NG
MAYOR
ADMINISTRATOR
T. WILLIAM SEDDALL.
" SCHEDULE A"
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