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HomeMy WebLinkAboutBy-law 3448/90 THE CORPORATION Of THE TOWN OF PICKERING BY-LAW NO. 34,~8/90 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Picketing and A.J. Diamond, Donald Schmitt and Company, Architects and Planners, respecting the preparation of an Urban Design Study for the Main Central Area Lands North of the Recreation Complex (Town Centre Community}. WHEREAS on February 5, 1990, the Council of The Corporation of the Town of Picketing passed Resolution 9/90, item 2 of which provided for the retention of A.J. Diamond, Donald Schmitt and Company to undertake an Urban Design Study for the Main Central Area Lands North of the Recreation Complex (Town Centre Community). NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: I. The Mayor and Clerk are hereby authorized to execute an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Picketing and A.J. Diamond, Donald $chmitt and Company, Architects and Planners, respecting the preparation of an Urban Design Study for the Main Central Area Lands North of the Recreation Complex (Town Centre Community). BY-LAW read a first, second and third time and finally passed this 2nd day of April, 1990. TOWN CF PlCKER~,NG APPROVE0 AS TO FORM THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 3448/90 Being a by-law to authorize the execution of an Agreement between The Corporation of the Town of Pickering and A.J. Diamond, Donald Schmitt and Company, Architects and Planners, respecting the preparation of an Urban Design Study for the Main Central Area Lands North of the Recreation Complex (Town Centre Community). WHEREAS on February 5, 1990, the Council of The Corporation of the Town of Pickering passed Resolution 9/90, item 2 of which provided for the retention of A.J. Diamond, Donald Schmitt and Company to undertake an Urban Design Study for the Main Central Area Lands North of the Recreation Complex (Town Centre Community). 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 an Agreement, in the form attached hereto as Schedule A, between The Corporation of the Town of Pickering and A.J. Diamond, Donald Schmitt and Company, Architects and Planners, respecting the preparation of an Urban Design Study for the Main Central Area Lands North of the Recreation Complex (Town Centre Community). BY-LAW read a first, second and third time and finally passed this 2nd day of April, 1990. Bruce Taylor,/~r~ c _.~,~ TOWN CF APPROVEO AS TO FORM LEGAL DL~Ti SCHEDULE A This Agreement made in quadruplicate as ot theZ/-,~/day ol 1990 BETWEEN: The Corporation of the Town of Picketing hereinafter called the "Client" OF THE FIRST PART - and - A.J. DIAMOND, DONALD SCHMI'I-r AND COMPANY hereinafter called the "Consultant" OF THE SECOND PART WHEREAS by virtue of a Council Resolution dated February'S, 1990, the Client has retained the Consultant to furnish professional planning and consultation services in connection with 1he Pickering MainAArea Urban Design study as set forth in the proposa~ entitled: Pickering Main.4Area Urban Design Study hereinafter referred 1o as Schedule "A" attached to and forming a part of this agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH that for ihe consideration and upon the terms and conditions hereinafter set forth the parties mutually convenant and agree as follows: 1. SC, OPE OF SERVICES The Consultant agrees to furnish and perform professional services with respect to the Pickering Main~Area Urban Design Study in conformance wilh the methodology and detailed work descriplion set forth in the proposal and contained in Schedule "A" attached, The Consultant agrees to supply, at its expense, all staff, equipmerH and technical advice necessary to perform the services to be furnished under this agreement. 2. THE CLIENTS 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 Consullant 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 ils agents. 3. THE CONSULTANT'S RESPONSIBILITIES - INDEMNITY The Consultant hereby agrees that it will, from time to time and al all times hereafter, well and truly save, keep harmless and fully indemnify the Client, its successors and assign, 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 resulling from or arising oul of the work done by il, or by reason of, or on accounl 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, ils agents, servanls, 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 co-ordinate the services of all subconsultants so employed, engaged or retained by it. 5. BASIS OF CChMPENSATION The Client shall pay to the Consultant in full payment and compensation for ils Services including disbursements properly incurred by il in carrying out its SErvices, and amount not to exceed $40,760.00 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 monthly progress billings to the Client proportionate to the work completed and such billings shall be paid by the Client within thirty (30) days. 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 lhe Consultant an additional amount for any additional services on written authorization to perform supplements, fy work. Fees for authorized additional services will be billed at the then prevailing hourly rates or as negotiated by the Consullant and Ihe Clienl and conlirmed in wriling by Ihe Consultant. The rate of payment for any such additional services is Io be as authorized in writing by the Client. Work on additional services will not proceed withoul the aforementioned written aufhorization. 8. TIME SCHEDULE The Consultant shall carry out the work with the utmost dispatch and, subject to delays beyond ils control, shall complete the work in accordance with Schedule "A" adjusted to the starting date, Should Ihe schedule be extended through no faull of the Consultant, beyond December 31, 1990 the compensalion set forth in Paragraph 6 shall be subject to adjustment. 9. DISMISSAL II is agreed between the parties hereto lhat lhe Consullant 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 lhe Consultant shall perform no further services other than those reasonably necessary to close out his service. The Consultant will be paid for all work done to the date of dismissal, 1 0. TERMINATION It is agreed between the parties hereto thal 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. 1 1. RIGHT OF USE Upon dismissal of the Consultant pursuant to paragraph 9, or upon early termination of Ihis Agreement pursuant to paragraph 10 and settlement of ell accounts, and upon completion of lhe 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 agenls shall forthwith deliver to the Client any or all of the aforesaid subject matter that the Client, in his sole discretion may request in writing, provided however: a) The Consultant may retain the originals of such subject matter provided thal reproductible copies as required in writing are delivered to the Client. 1 2. CONFIDENTIAL DATA The Consultant shall not divulge any confidential information communicaled or acquired by it in the course of carrying out its consulting services. 1 3. OFFICIAL NOTIFICATION ( I ) Any notice herein required or permitted to be given under this Agreemenl shall be delivered or sent by prepaid registered mail to: THE CORPORATION OF THE TOWN OF PICKERING Planning Departmenl Pickering Civic Centre One The Esplanade Picketing, Ontario L1V ~ /,1, Altenlion: T.,~.. Magi, M.C.I.P. Director of Planning AJ. DIAMOND, DONALD SCHMITT AND COMPANY 2 Berkeley Street Suite 600 Toronto, Ontario M5A 2W3 Attention: A.J. Diamond ( 2 ) Any nolice given in accordance with subparagraph (1) hereof, shall be deemed to have given on the day ot 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 ou! in subparagraph (1) hereof. 1 4. 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. 1 5. COMPLETE AGREEMENT ( 1 ) This Agreement constitutes the complete and exclusive statement of the agreement between the parties, which supersedes all proposals, oral or writlen, and all other communications between the parties, relating to the subject matter of lhis 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 phrases(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. 1 6. SUCCESSORS & ASSIC::-:-:-:-:-:-:-:-~ This Agreement shall jointly and severally enure Io 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 parlies 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. 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 his hand and seal. THE CORPORATION OF THE TOWN OF PICKERING Mayor SIGNED, SEALED AND DEUVERED A.J. DIAMCND, DCNALD SCHMI'F]' & CCIVIPANY ) Witness as to the signature A. A.J. Diamond Town of Pickering Main Central Area Design Study Schedule "A" A. J. Diamond, Donald Schmitt and Company Architects and Planners Study Approach The Pickering Main~Area Urban Design Study provides the opportunity to continue to define and reinforce the Main Central Area as a focal point in the Town of Pickering. The area is attracting a scale and density of development and a quantity and variety of services which make it a recognizable centre in the predominantly suburban fabric of the town. Features such as the new City Centre, the Pickering Town Centre and public amenities such as the recreation complex, all serve to reinforce the area as focal point. The urban design study should reinforce those 'urban' qualities that have helped the area achieve its current status, and it should perhaps begin to introduce an even more urban character. Some of those qualities which define an urban centre are: easy accessibility. One of the great advantages to living in the centre of a concentration of services and attractions is that you have direct pedestrian access to those facilities, while everyone else has to go through the trouble of commuting and parking. The convenience and proximity are the attraction and this should be recognized in the design and layout of grade level access routes through the area. · coherent and intimate public realm. As part of the concern for easy accessibility, the public realm - streets, sidewalks, parks, open spaces, should be clearly defined and easily understood. A straight forward plan of access for both vehicles and pedestrians will provide the best framework for eventual building development as well as the most pleasant and direct route to neighbourhood services. A system of human-scaled public spaces throughout the area which are sensitive to views, access and micro-climate will encourage pedestrian use of the area and will enhance the quality of public life in the area. · integration and linkage with surrounding areas. An urban centre is not created through islands of activities, it is the linkages which make a centre work. The study should focus on the uses, services and potential of surrounding areas and develop coherent public connections through design strategy which emphasizes continuity. variation, mix and texture. A successful urban centre is made up of layers of development representing a mix of uses, densities, forms, architectural styles and dates of construction. Although this area of Pickering may not have an historic character on which to build, the urban design study can identify and reinforce s~rategies which encourage some variety in the scale, style and texture of the neighbourhood. These approaches to defining a more urban quality for the area can be implemented successfully in any one of the five design concept programs identified in the terms of reference. Methodology As in the Highway 2 - Whites Road Urban Design Study, the Main Central Area Study will closely follow the work program laid out in the terms of reference, the Study would be completed in four basic steps: · Background analysis and evaluation · Preparation of five design alternatives · Identification of issues and evaluation of alternatives · Preparation of detailed urban design guidelines and zoning regulations Background Analysis Orientation Meeting The Study will begin with an orientation meeting, setting the context for the design study and defining the Town's position and desired approach to eventual development of the area. Review Background Materials and Technical Information We would begin with a thorough review of official plan policies and planning documents as may be related to design and development potential on the site. This review would include consideration of municipal water and sewage capacities, and issues related to the surrounding context. At this stage as well we would establish base plans for the development of design alternatives. Design Alternatives As identified in the terms of reference, we would explore and develop designs for five alternative plans for the area. The five alternatives explore variations in building heights, the number and size of building units and building floor plates, the type of residential unit, parking design and internal vehicular and pedestrian circulation. As outlined in the statement of approach to the project, we would also be testing variations: in the design of the public realm in different alternatives; in the integration and linkage of the area to surrounding areas, services and facilities; in the mix and texture of building massing and scale. Each design alternative will be illustrated in plan and section with sketch drawings of specific design details. Identification of Issues and Evaluation of Alternatives The alternatives will be evaluated in a matrix format on the basis of a variety of criteria. These would include the eight criteria listed in the terms of reference as well as other design issues as defined with the planning staff. A preferred concept would be selected in consultation with planning staff and other concerned individuals. Preparation of Urban Design Guidelines The preferred concept will be developed in greater detail and described in terms setbacks, height limits, site coverage, density and building unit type to help establish zoning regulations for the area. The Urban Design Guidelines Report would also deal with the design in a qualitative and descriptive form expressing objectives to assist in the evaluation of development applications and site plans. The draft report will be the focus of a public open house to receive comments from interested developers, land owners and local residents. The results and recommendations of the meeting, along with comments by Town staff, will be incorporated into the draft report to prepare the final report. Schedule Month Background Ana/ysis - orientation meeting III - review regulations and technical IIIIIII material - base maps for design development IIII Design Alternatives - definition of issues and opportunities IIIIIII design of different land use alternatives IIIIIIIIIIIIII Evaluation of Alternatives - define evaluation criteria IIIII - complete evaluation matrix IIIIIIIIII - review with staff III - selection of preferred option III Preparation of Urban Design Guidelines - design concept draw/rigs III IIIIIIIII - preparation of design guidelines III IIIIIIIII - draft report preparation IIII - public open house III - meeting with staff III - final report preparation IIIII - final presentation to council III Work Program (hours per task) Assignments Diamond Marshall Adams Benotto Jr. Arch Cost $150 $80 $65 $75 $50 Background Analysis - orientation meeting 4 4 4 $1,180 - review regulations and technical material 16 16 2,320 - base maps for design development 8 24 1,720 Design Alternatives - definition of issues and opportunities 4 4 580 - design of different land use alternatives 4 16 40 16 60 8,380 Evaluation of Alternatives - define evaluation criteria 4 8 1,240 - complete evaluation matrix 24 1,920 - review with staff 4 4 4 1,180 Preparation of Urban Design Guidelines - design concept drawings 2 32 40 4,380 - preparation of design guidelines 2 32 16 16 5,100 - draft report preparation 16 16 16 3,120 - public open house 4 4 4 1,180 - meeting with staff 4 4 580 - final report preparation 24 16 2,960 - final presentation to council 4 4 920 I[ 28 160 1~ 3~ ~40 $36,760 Budget On the basis of our outline of study methodology and the preceding work program, our professional fee and expenses to complete the Main Central Area Urban Design Study would total $40,760.00 This figure is based on the following calculations: Background Analysis $5,220.00 Design Alternatives 8,960.00 Evaluation of Alternatives 4,340.00 Preparation of Urban Design Guidelines 18,240.00 Total Professional Fee $36,760.00 Total Expenses (including administration) S4,000.00 TOTAL BUDGET $40,760.00