HomeMy WebLinkAboutBy-law 1269/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1269/81
Being a By-Law to authorize the execution
of two Agreements between the Corporation
of the Town of Pickering and Beddall Shukla
Partnership respecting the provision of
architectural services for the proposed
Town of Pickering Recreation Complex
(Phase 1 and Overall Design)
WHEREAS, pursuant to the provisions of section 352.74 of
The Municipal Act, R.S.O. 1970, chapter 284, as amended,
the council of a municipality may pass by-laws for, inter
alia, erecting places of recreation and amusement, arenas,
auditoriums, community centres and similar buildings
with the municipality; and
WHEREAS, in order to provide for the appropriate erection
of the proposed Town of Pickering Recreation Complex
(Phase 1 and Overall Design), it is deemed desirable
to engage the Beddall Shukla Partnership to provide
architectural services therefor;
NO 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 Schedules "A" and "B", between the Corporation
of the Town of Pickering and Beddall Shukla
Partnership respecting the provision of architec-
tural services for the proposed Town of Pickering
Recreation Complex (Phase 1 and Overall Design)
BY-LAW read a first, second and third time and finally
passed this sixth day of April 1981
Clerk
SCHEDULE "A" to By-law 1269/81
Ng P&
INy J`?T
Standard Form of Agreement
Between Client and Architect
Ill ADnMCMVIIIIII `
RAIC Document 6 1 November 1978 Edition
Agreement
made as of the Sixteenth
Hundred and Eighty One
day of February
in the year of Nineteen
Between the Client:
(Include name and address)
and the Architect:
(Include name and address)
The
Corporation of
The Town of PicKering
1710 Kingston Road
PicKering, Ontario
L1V 1C7.
Beddall ShuKla Partnership, architects
1735 Bayly Street, Suite 7A,
PicKering, Ontario L1W 3137.
For the following Project:
(Include detailed description of Project location and scope.)
The Recreation Complex - Phase 1.
Valley Farm Road, PicKering Town Centre,
PicKering, Ontario.
Wow Therefore, for the consideration hereinafter named,
The Client and the Architect agree as set forth in the following terms and conditions.
Certain provisions of this document have been derived, with moditicat ions, from AIA Document 8 141, Standard Form of Agreement Between Owner and Architect,
1977 Edition a- 1977. The American Institute of Architects,1735 New York Avenue, N.W., Washington, DC 20006 USA. Reproduct ion herein is with the permission of
AIA under application number 78044. Further reproduction of copyrighted AIA materials without separate written permission from AIA is prohibited AIAe,
RAIC DOCUMENT 6 - 1978 7
TERMS AND CONDITIONS OF AGREEMENT BETWEEN CLIENT AND ARCHITECT
ARTICLE 1
DEFINITIONS
1.1 CONSTRUCTION COST
Construction Cost means the Contract Price of all
elements of the Project designed or specified by
or on behalf of the Architect. Where there is no
Contract Price for all or part of the Project, the
Construction Cost shall be estimated cost at
current market rates as determined by the
Architect. Construction Cost does not include the
compensation of the Architect and the Architect's
consultants, the cost of the land, rights-of-way, or
other costs which are the responsibility of the
Client as provided in Article 3.
1.2 CONTRACT
The Contract is the agreement between the Client
and the Contractor for the provision of labour,
materials, and equipment for the execution of the
Work by the Contractor.
1.3 CONTRACT DOCUMENTS
The Contract Documents consist of the executed
Agreement between the Client and the Con-
tractor, the General Conditions of the Contract,
the Drawings, Specifications and such other
documents as are identified in the Agreement and
the General Conditions as constituting part of the
Contract Douuments.
1.4 CONTRACTOR
The Contractor is the person, firm, or corporation
contracting with the Client to provide labour,
materials, and equipment for the execution of the
Work.
1.5 SUBCONTRACTOR
A Subcontractor is a person, firm, or corporation
contracting with the Contractor to perform a part
or parts of the Work included in the Contract, or
to supply products worked to a special design
according to the Contract Documents.
1.6 SUBSTANTIAL PERFORMANCE
Substantial Performance of the Work is as defined
in the Lien legislation applicable to the place of
the Project. If such legislation is not in force or
does not contain such definition, Substantial Per-
formance shall have been reached when the
Work is ready for use or is being used for the pur-
pose intended and is so certified by the Architect.
ARTICLE 2
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the six
phases described in Paragraphs 2.1 through 2.6
and include normal structural, mechanical, and
electrical engineering services and any other
services included in Article 13 as part of Basic
Services.
2.1 SCHEMATIC DESIGN PHASE
2.1.1 The Architect shall study the program and the
budget furnished by the Client to ascertain the require-
ments of the Project and shall review the under-
standing of such requirements with the Client.
2.1.2. The Architect shall provide a preliminary
evaluation of the program and the Project Budget
requirements, each in terms of the other, subject to the
limitations set forth in Subparagraph 4.1.
2.1.3 The Architect shall review with the Client
alternative approaches to design and construction of
the Project.
2.1.4 Based on the mutually agreed upon program
and budget requirements, the Architect shall prepare,
for approval by the Client, Schematic Design Docu-
ments consisting of drawings and other documents
appropriate to the size of the project illustrating the
scale and relationship of Project components.
2.1.5 The Architect shall submit to the Client an
Estimate of Construction Cost based on current area,
volume, or other unit costs.
2.2 DESIGN DEVELOPMENT PHASE
2.2.1 Based on the approved Schematic Design
Documents and approved budget, the Architect shall
prepare, for approval by the Client, Design Develop-
ment Documents consisting of drawings and other
documents appropriate to the size of the Project to fix
and describe the size and character of the entire Project
as to architectural, structural, mechanical, and electri-
cal systems, materials, and such other elements as may
be appropriate.
2.2.2 The Architect shall review and if necessary
revise the Estimate of Construction Cost and submit it
to the Client.
2.3 CONSTRUCTION DOCUMENTS PHASE
2.3.1 Based on the approved Design Development
Documents and budget, the Architect shall prepare, for
approval by the Client, Construction Documents con-
sisting of Drawings and Specifications setting forth in
detail the requirements for the construction of the
Project , under a Lump Sum Contract.
2.3.2 The Architect shall advise the Client of any
adjustments to previous Estimates of Construction Cost
RAIC DOCUMENT 6 - 1478
(REVISED O/e - JUNE 2 BOi
indicated by changes in requirements or general
market conditions.
2.3.3 The Architect shall prepare necessary bidding
information, bidding forms, the Conditions of the
Contract, and the form of Agreement between the
Client and the Contractor for a Lump Sum Contra
2.3.4. The Architect shall advise the Client of the
Client's responsibility for securing the approvals of
governmental or other authorities having jurisdiction
over the Project.
2.3.5 The Architect shall interpret codes, by-laws,
and regulations as they apply to the Project. However
the client acknowledges that as the Project progresses,
the government authorities' interpretation of such
codes, by-laws, and regulations may change and differ
from the Architect's interpretation in ways which the
Architect cannot reasonably anticipate.
2.4 BIDDING OR NEGOTIATION PHASE
The Architect, following the Client's approval of the
Construction Documents and of the latest Estimate of
Construction Cost, shall assist the Client in obtaining
bids or negotiated proposals, and in awarding and
preparing contracts for construction.
2.5 CONSTRUCTION PHASE - ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.5.1 Unless otherwise provided in this Agreement
and incorporated in the Contract Documents, the
Architect shall provide administration of the Contract
for Construction as set forth below.
2.5.2 During the Construction Phase the Architect
shall be a representative of the Client, shall advise and
consult with him, and shall have authority to act on his
behalf to the extent provided in this Agreement. All
instructions to the Contractor shall be forwarded
through the Architect.
2.5.3 The Architect shall conduct inspections at in-
tervals appropriate to the stage of construction which
he considers necessary to enable him to determine if
the Work is proceeding in general accordance with the
Contract Documents. However, the Architect shall not
be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the
Work. On the basis of such on-site observations, the
Architect shall keep the Client informed of the pro-
gress and quality of the Work, and shall endeavor to
guard the Client against defects and deficiencies in the
Work of the Contractor, but he shall not be responsible
for identifying defects or deficiencies in the Work
which are not reasonably apparent or visible atthetime
of such inspections and which result from the Con-
tractor's failure to carry out the work in accordance
with the Contract Documents.
2.5.4 The Architect shall not have control or charge
of and shall not be responsible for construction means,
methods, techniques, sequences, or procedures, or for
safety precautions and programs in connection with
the Work, nor will he be responsible for the acts or
omissions of the Contractor, Subcontractors, or any
other persons performing any of the Work, or for the
failure of any of them to carry out the Work in
accordance with the Contract Documents.
2.5.5 The Architect shall at all times have access to
the Work wherever it is in preparation or progress.
Ct. 2 .5.6 The Architect shall determine the amounts
owing to the contractor based on observations at the
site and on evaluations of the Contractor's Applications
for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
2.5.7 The issuance of a Certificate for Payment shall
constitute a representation by the Architect to the
Client, based on the Architect's observations at the site
as provided in Subparagraph 2.S.3 and on the data
comprising the Contractor's Application for Payment,
that the Work has progressed to the point indicated;
that, to the best of the Architect's knowledge, informa-
tion and belief, the quality of the Work is in accordance
with the Contract Documents; and that the Contractor
is entitled to payment in the amount certified. Such
certification is subject to continuing evaluation of the
Work as it progresses for general conformance with the
Contract Documents, to the results of any subsequent
tests required by or performed under the Contract
Documents, to minor deviations from the Contract
Documents correctable prior to completion, and to any
specific qualifications stated in the Certificate for
Payment. The issuance of the Certificate for Payment
shall not be a representation that the Architect has
made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on
account of the Contract Price.
2.5.8 The Architect shall be the interpreter of the
requirements of the Contract Documents and the
judge of the performance thereunder by both the
Client and Contractor. The Architect shall render
interpretations necessary for the proper execution or
progress of the Work with reasonable promptness on
written request of either the Client or the Contractor,
and shall render written decisions, within a reasonable
time, on all claims, disputes, and other matters in
question between the Client and the Contractor re-
lating to the execution or progress of the Work or the
interpretation of the Contract Documents.
2.5.9 Interpretations and decisions of the Architect
shall be consistent with the intent of and reasonably
inferable from the Contract Documents and shall be in
written or graphic form. In the capacity of interpreter
and judge, the Architect shall endeavor to secure
faithful performance by both the Client and the Con-
tractor, shall not show partiality to either, and shall not
be liable for the result of any interpretation or decision
rendered in good faith in such capacity.
2.5.10 The Architect's decisions in matters relating to
artistic effect shall be final if consistent with the intent
of the Contract Documents. The Architect's decisions
on any other claims, disputes, or other matters, in-
cluding those in question between the Client and the
Contractor, shall be subject to review as provided in
this Agreement and in the Contract Documents.
RAIC DOCUMENT 6 - 1978 3
(REVISED OAA - JUNE V80)
2.5.11 The Architect shall have the authority to reject
Work which does not conform to the Contract Docu-
ments. Whenever, in the Architect's opinion, it is
necessary or advisable for the implementation of the
intent of the Contract Documents, the Architect will
have authority to require special inspection or testing
of the Work, whether or not such Work be then
fabricated, installed, or completed.
2.5.12 The Architect shall review or take other ap-
propriate action upon the Contractor's submittals such
as Shop Drawings, Product Data, and Samples, but only
for conformance with the design concept of the Work
and with the information given in the Contract Docu-
ments. Such action shall be taken with reasonable
promptness. The Architect's review of a specific item
shall not indicate acceptance of an assembly of which
the item is a component.
2.5.13 The Architect shall prepare Change Orders
for the Client's approval and execution in accordance
with the Contract Documents, and shall have authority
to order minor changes in the Work not involving an
adjustment in the Contract Price or an extension of the
Contract Time which are consistent with the intent of
the Contract Documents.
2.5.14 The Architect shall determine the Date of
Substantial Performance, shall receive and forward to
the Client for the Client's review written warranties and
related documents required by the Contract Docu-
ments and assembled by the Contractor, and shall issue
a final Certificate for Payment.
2.5.15 The extent of the duties, responsibilities, and
limitations of authority of the Architect as the Client's
representative during construction shall not be modi-
fied or extended without written consent of the Client
and the Architect.
2.6 POST-CONSTRUCTION PHASE
The Architect shall assess any reported defects or
deficiencies arising during the period of one year
following certification of Substantial Performance, and
if requested he shall inspect the Work with the Client
prior to the expiry of that period. The Architect shall
issue on behalf of the Client the necessary instructions
to the Contractor if work is required to correct such
defects or deficiencies.
2.7 CONTINUOUS REPRESENTATION AT THE SITE
2.7.1 If the Client and Architect agree that contin-
uous representation at the site is required, the Archi-
tect shall provide one or more Project Representatives
to assist the Architect in carrying out such responsi-
bilities.
2.7.2 Such Project Representatives shall be selected,
employed, and directed by the Architect. The duties,
responsibilities, and limitations of authority of such
Project Representatives and the compensation to the
Architect shall be as mutually agreed between the
Client and the Architect.
2.7.3 Through the observations by such Project Rep-
resentatives, the Architect shall endeavour to provide
further protection for the Client against defects and
deficiencies in the Work, but the furnishing of such
project representation shall not modify the rights,
responsibilities, or obligations of the Architect as
described in Paragraph 2.5.
2.8 ADDITIONAL SERVICES
The following Services are not included in Basic Ser-
vices unless so identified in Article 13. They shall be
provided if authorized or confirmed in writing by the
Client, and they shall be paid for by the Client as
provided in this Agreement, in addition to the com-
pensation for Basic Services.
2.8.1 Providing analyses of the Client's needs, and
programming the requirements of the Project.
2.8.2 Providing financial feasibility or other special
studies.
2.8.3 Providing planning surveys, site evaluations,
environmental studies, or comparative studies of pros-
pective sites, and preparing special surveys, studies,
and submissions required for approval of governmen-
tal authorities or others having jurisdiction over the
Project.
2.8.4 Providing services relative to future facilities,
systems, and equipment which are not intended to be
constructed during the Construction Phase.
18.5 Providing services to investigate existing condi-
tions or facilities or to make measured drawings there-
of, or to verify the accuracy of drawings or other
information furnished by the Client.
2.8.6 Preparing documents of alternate, separate, or
sequential bids or providing extra services in connec-
tion with bidding, negotiation, or construction prior to
the completion of the Construction Documents Phase,
when requested by the Client.
2.8.7 Providing coordination of Work performed by
separate contractors or by the Client's own forces.
2.8.8 Providing services in connection with the
work of a construction manager or separate consultants
retained by the Client.
2.8.9 Providing Detailed Estimates of Construction
cost, analyses of owning and operating costs, or
detailed quantity surveys or inventories of material,
equipment, and labor.
2.8.10 Providing interior design and other similar
services required for or in connection with the selec-
tion, procurement, or installation of furniture, fur-
nishings, and related equipment.
2.8.11 Providing services for planning tenant or rent-
al spaces.
2.8' 12 Making revisions in Drawings, Specifications,
or other documents when such revisions are incon-
sistent with written approvals or instructions previously
RAIC DOCUMENT 6 -1978
given, when such revisions are required by the enact-
ment or revision of codes, laws, or regulations sub-
sequent to the preparation of such documents, or
when such revisions are due to other causes not solely
within the control of the Architect.
2.8.13 Preparing Drawings, Specifications, and sup-
porting data and providing other services in connec-
tion with Change Orders to the extent that the adjust-
ment in the Basic Compensation resulting from the
adjusted Construction Cost is not commensurate with
the services required of the Architect, provided such
Change Orders are required by causes not solely within
the control of the Architect.
2.8.14 Making investigations, surveys, valuations, in-
ventories, or detailed appraisals of existing facilities,
and providing services required in connection with
construction performed by the Client.
2.8.15 Providing consultation concerning replace-
ment of any Work damaged by fire or other cause
during construction, and furnishing services as may be
required in connection with the replacement of such
Work.
2.8.16 Providing services made necessary by the
default of the Contractor, or by major defects or
deficiencies in the Work of the Contractor, or by failure
of performance by either the Client or Contractor
under the Contract for Construction.
2.8.17 Preparing a set of reproducible record
drawings showing significant changes in the Work
made during construction based on marked-up prints,
drawings, and other data furnished by the Contractor
to the Architect. The Architect shall not be held
responsible for the accuracy of the information pro-
vided by the Contractor.
2.8.18 Providing extensive assistance in the utiliza-
tion of any equipment or system such as initial start-up
or testing, adjusting and balancing, preparation of
operation and maintenance manuals, training person-
nel for operation and maintenance, and consultation
during operation.
2.8.19 Providing services after expiry of the period of
one year following certification of Substantial Perfor-
mance.
2.8.20 Preparing to serve or serving as witness in
connection with any public hearing, arbitration pro-
ceeding, or legal proceeding.
2.8.21 Providing services of consultants for other
than the normal architectural, structural, mechanical,
and electrical engineering services for the Project.
2.8.22 Providing translation to a language other than
the language of this Agreement.
2.8.23 Providing any other services not otherwise
included in this Agreement or not customarily fur-
nished in accordance with generally accepted archi-
tectural practice.
ARTICLE 3
CLIENT'S RESPONSIBILITIES
3.1 The Client shall provide full information regard-
ing requirements for the Project including a program,
which shall set forth the Client's design objectives,
constraints, and criteria, including space requirements
and relationships, flexibility and expandability, special
equipment and systems, and site requirements.
3.2 The Client's Project Budget shall include con-
tingencies for bidding, changes in the Work during
construction, and other costs which are the responsi-
bility of the Client, including those described in this
Article 3. The Client shall, at the request of the
Architect, provide a statement of funds available for the
Project, and their source.
3.3 The Client shall designate, when necessary, a
representative authorized to act in the Client's behalf
with respect to the Project. The Client or such author-
ized representative shall examine the documents sub-
mitted by the Architect and shall render decisions
pertaining thereto promptly, to avoid unreasonable
delay in the progress of the Architect's services.
3.4 The Client shall furnish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements, and
adjoining property; rights-of-way, restrictions, ease-
menis, encroachments, zoning, deed restrictions,
boundaries, and contours of the site, locations, dimen-
sions, and complete data pertaining to existing build-
ings, other improvements, and trees; and full informa-
tion concerning available service and utility lines both
public and private, above and below grade, including
inverts and depths.
3.5 The Client shall furnish reports and appropriate
professional recommendations of specialist consul-
tants when deemed necessary by the Architect.
3.6 The Client shall furnish structural, mechanical,
chemical, and other laboratory tests, inspections and
reports as required by the Architect, the law, or the
Contract Documents.
3.7 The Client shall furnish all legal, accounting, and
insurance counseling services as may be necessary at
any time for the Project, including such auditing
services as the Client may require to verify the Con-
tractor's Applications for Payment or to ascertain how
or for what purposes the Contractor uses the moneys
paid by or on behalf of the Client.
3.8 The services, information, surveys, and reports
required by Paragraphs 3.4 through 3.7 inclusive shall
be furnished at the Client's expense, and the Architect
shall be entitled to rely upon their accuracy and
completeness.
3.9 Contracts for the provision of such services,
information, surveys, and reports, whether arranged by
the Client DT the Architect, shall be considered direct
contracts with the Client unless explicitly provided
otherwise.
3.10 If the Client observes or otherwise becomes
aware of any fault or defect in the Project or noncon-
formance with the Contract Documents, he shall notify
the Architect promptly.
3.11 The Client shall furnish required information
and services and shall render approvals and decisions as
RAIC DOCUMENT 6 - 1978 5
necessary for the orderly progress of the Architect's
services and of the Work.
ARTICLE 4
RESPONSIBILITY FOR CONSTRUCTION COST
AND ESTIMATES OF CONSTRUCTION COST
4.1 Evaluations of the Client's Project Budget, Esti-
mates of Construction Cost, and Detailed Estimates of
Construction Cost, if any, prepared by the Architect,
represent the Architect's best judgment as a design
professional familiar with the construction industry. It
is recognized, however, that neither the Architect nor
the Client has control over the cost of labor, materials,
or equipment, over the Contractor's methods of deter-
mining bid prices, or over competitive bidding, market,
or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or
negotiated prices will not vary from the Project Budget
proposed, established, or approved, by the Client, if
any, or from any Estimate of Construction Cost or other
cost estimate or evaluation prepared by the Architect.
4.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the
furnishing, proposal, or establishment of a Project
Budget under Subparagraph 2.1.2 or Paragraph 3.2 or
otherwise, unless such fixed limit has been agreed
upon in writing and signed by the parties hereto. If such
a fixed limit has been established, the Architect shall be
permitted to include contingencies for design,
bidding, and price escalation, to determine what mate-
rials, equipment, component systems, and types of
construction are to be included in the Contract Docu-
ments, to make reasonable adjustments in the scope of
the Project, and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the
fixed limit. Any such fixed limit shall be increased in the
amount of any increase in the Contract Price occurring
after execution of the Contract for Construction.
4.3 If the Bidding or Negotiation Phase has not
commenced within three months after the Architect
submits the Construction Documents to the Client, any
Project Budget or fixed limit of Construction Cost shall
be adjusted to reflect any change in the general level of
prices in the construction industry between the date of
submission of the Construction Documents to the
Client and the date on which proposals are sought.
4.4 If the Project Budget is exceeded by more than
10%, or if the fixed limit of Construction Cost (ad-
justed as provided in Paragraph 4.3) is exceeded by the
lowest bona fide bid or negotiated proposal, the Client
shall (1) give written approval of an increase in such
Project Budget or fixed limit, (2) authorize rebidding or
renegotiating of the Project within a reasonable time,
(3) if the Project is abandoned, terminate in accordance
with Paragraph 8.3, or (4) cooperate in revising the
Project scope and quality as required to reduce the
Construction Cost. In the case of (4), provided a fixed
limit of Construction Cost has been established as a
condition of this Agreement, the Architect, without
additional charge, shall modify the Drawings and
Specifications as necessary to comply with the fixed
limit. The providing of such service shall be the limit of
the Architect's responsibility arising from the establish-
ment of such fixed limit, and having done so, the
Architect shall be entitled to compensation for all other
services performed, in accordance with this Agree-
ment, whether or not the Construction Phase is com-
menced.
ARTICLE 5
PAYMENTS TO THE ARCHITECT
5.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
5.1.1 An initial payment as set forth in Paragraph 12.1
is the minimium payment under this Agreement.
5.1.2 Subsequent payments for Basic Services shall
be made monthly and shall be in proportion toservices
performed within each phase of services on the basis
set forth in Article 12.
5.1.3 If and to the extent that the Contract Time
initially established in the Contract for Construction is
exceeded or extended through no fault of the Archi-
tect, compensation for any Basic Services required for
such extended period of Administration of the Con-
struction Contract shall be computed as set forth in
Paragraph 12.4 for Additional Services.
5.1.4 When compensation is based on a percentage
of Construction Cost, and any portions of the Project
are deleted or otherwise not constructed, compensa-
tion for such portions of the Project shall be payable to
the extent services are performed on such portions, in
accordance with the schedule set forth in Subpara-
graph 12.2.2, based on (1) the lowest bona fide bid or
negotiated proposal or, (2) if no such bid or proposal is
received, the most recent Estimate of Construction
Cost or Detailed Estimate of Construction Cost for such
portions of the Project.
5.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
Payments on account of the Architect's Additional
Services as defined in Paragraph 2.8 and for Reimburs-
able Expenses as defined in Paragraph 5.4shall be made
monthly upon presentation of the Architect's invoice
for services rendered or expenses incurred.
5.3 DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct
salaries of all the Architect's personnel engaged on the
Project, and the portion of the cost of their mandatory
and customary contributions and benefits related
thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays,
vacations, pensions, and similar contributions and
benefits.
RAIC DOCUMENT 6 - 1978
SA REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the Compen-
sation for Basic and Additional Services and include
actual expenditures made by the Architect and the
Architect's employees and consultants in the interest of
the Project for the expenses listed in the following
Subparagraphs:
.1 Expense of transportation in connection with
the Project; living expenses in connection with
out-of-town travel; long distance communi-
cations and fees paid for securing approval of
authorities having jurisdiction over the Project.
.2 Expense of reproductions, postage, and
handling of Drawings, Specifications, and
other documents, excluding reproductions for
the office use of the Architect and the
Architect's consultants.
.3 Expense of data processing and photographic
production techniques when used in con-
nection with Additional Services.
.4 If authorized in advance by the Client, expense
of overtime work requiring higher than regular
rates.
.5 Expense of renderings, models, and mock-ups
requested by the Client.
.6 Expense of any additional insurance coverage
or limits, including professional liability insur-
ance, requested by the Client in excess of that
normally carried by the Architect and the
Architect's consultants.
5.5 PAYMENTS WITHHELD
No deductions shall be made from the Architect's
compensation on account of penalty, liquidated
damages, or other sums withheld from payments to
contractors, or on account of the cost of changes in the
Work other than those for which the Architect is held
legally liable.
5.6 PROJECT SUSPENSION OR ABANDONMENT
If the Project is suspended or abandoned in whole or in
part for more than three months, the Architect shall be
compensated for all services performed prior to receipt
of written notice from the Client of such suspension or
abandonment, together with Reimbursable Expenses
then due and all Termination Expenses as defined in
Article 8. If the Project is resumed after being sus-
pended for more than three months, the Architect's
compensation shall be equitably adjusted.
5.7 ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed
on the basis of a Multiple of Direct Personnel Expense
shall be kept on the basis of generally accepted
accounting principles and shall be available to the
Client or the Client's authorized representative at
mutually convenient times.
RAIC DOCUMENT 6 - 1978
ARTICLE G
OWNERSHIP AND USE OF DOCUMENTS
6.1 Drawings and Specifications as instruments of
service are and shall remain the property of the
Architect whether the Project forwhich theyare made is
executed or not. The Client shall be permitted to retain
copies, including reproducible copies, of Drawings and
Specifications for information and reference in
connection with the Client's use and occupancy of the
Project. The Drawings and Specifications shall not be
used by the Client on other proj)ects,foradditions tothe
Project, or for completion of this Project by others
provided the Architect is not in default under this
Agreement, except by agreement in writing and with
appropriate compensation to the Architect.
6.2 Submission or distribution to meet official
regulatory requirements or for other purposes in
connection with the Project is not to be construed as
publication in derogation of the Architect's rights.
6.3 The Architect shall be entitled at his own
expense to sign the building by inscription or otherwise
on a suitable and reasonably visible part of the
permanent fabric of the building.
6.4 The Architect shall be entitled to includeaspart
of the Contract Documents a provision whereby a job
sign shall be erected on a project site.
ARTICLE 7
ARBITRATION
7.1 All matters in dispute under this Agreement
may, with the concurrence of both the Client and the
Architect, be submitted to Arbitration under the lawsof
the place of the Project.
7.2 The parties to the Agreement may jointly
appoint a single arbitrator,oriftheyfailtoagree onsuch
arbitrator, shall each appoint one nomineetoa board of
arbitration. These nominees shall together agree upon a
chairman; the three persons so selected shall constitute
the board of arbitration.
7.3 The award of the arbitrator or board of
arbitration shall be final and binding upon the parties.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1 Unless otherwise stated in the Agreement, the
Architect's services terminate one year after certifica-
tion of Substantial Performance. For services required
following expiry of the period of 1 year after certifica-
tion of Substantial Performance, the Client will arrange
with the Architect for services as provided under 2.8.19.
8.2 This Agreement may be terminated by either
party upon seven days' written notice should the other
party fail so bstantiallyto perform in accordance with its
terms through no fault of the party initiating the
termination.
8.3 This Agreement may be terminated by the
Client upon at least seven days' written notice to the
Architect in the event that the Project is permanently
abandoned.
(REVISED OAA - NOV D)BI
(REVISED OAA - JUNE 2'001
114 In the event of termination, the architect shall be
immediately compensated for all services performed to
termination date, together with reimbursable expenses
then due and all termination expenses as defined in
Paragraph 8.5, without prejudice to any remedies the
owner may have against the architect.
8.5 Termination Expenses include expenses directly
attributable to suspension or termination for which the
Architect is not otherwise compensated, and in addi-
tion, an amount computed as percentage of the total
Basic and Additional Compensation earned to the time
of termination, as follows:
.1 Twenty percent if suspension or termination
occurs during the Schematic Design Phase; or
.2 Ten percent if suspension or termination oc-
curs during the Design Development Phase; or
.3 Five percent if suspension or termination oc-
curs during any subsequent phase.
ARTICLE 9
LAW GOVERNING THE AGREEMENT
Unless otherwise specified, this Agreement shall be
governed by the law of the place of the Project.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Client and the Architect, respectively, bind them-
selves, their partners, successors, assigns, and legal
representatives to the other party to this Agreement
and to the partners, successors, assigns, and legal
representatives of such other party with respect to all
covenants of this Agreement. Neither the Client nor
the Architect shall assign, sublet, ortransfer any interest
in this Agreement without the written consent of the
other.
ARTICLE 11
EXTENT OF AGREEMENT
This agreement represents the entire and integrated
agreement between the Client and the Architect and
supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may
be amended only by written instrument signed by both
Client and Architect.
RAIC DOCUMENT 6 - 1978
(Aevla d CAA - Novemoer 15,60)
ARTICLE 12
BASIS Of COMPENSATION
The client shall compensate the Architect for the Scope of Services provided, in accordance with Article 5,
Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows:
12.1 AN INITIAL PAYMENT of Twenty five thousand ------------------ dollars ($ 25,000.00)
shall be made upon authorisation to proceed with Phase 1 of the Recreation Complex
by the Client, and credited to the Client's account in the last invoice,
12.2 BASIC COMPENSATION
12.2.1 FOR BASIC SERVICES, as described in Paragraphs 2.1 through 2.6, and any other services set out in Article
13 as part of Basic Services, Basic Compensation shall be computed as follows:
(Hero myenha,uof coinp,n,aNon, indudrngG,edamaunr,multiples,or percrmages,and,den,dyPha,ce to v.Mch particular methods o(a,mpe ,stunn
apply, if neressary )
As a percentage of construction cost, as defined in Article 1, on the basis
of Category 5 - 'Recreation Building', as classified in Subsection 3.3, and
'Schedule of Recommended Fees' in Subsection 3.4 of the document, 'Outline
of Services and Schedule of Recommended Fees', published by the Ontario
Association of Architects, dated June 30, 1980. (See Appendix 1),
12.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for
Basic Services shall be made as provided in Subparagraph 5.1.2, so that Basic Compensation for each Phase
shall equal the following percentages of the total Basic Compensation payable:
(Include any additional Phases as appropriate.)
Schematic Design Phase: percent ( 16 %)
Design Development Phase: percent ( 9 %)
Construction Documents Phase: percent ( 50 %)
Bidding or Negotiation Phase: percent ( 5 %)
Construction Phase: percent ( 20 %)
Post-construction Phase: percent ( - %)
12.3 FOR CONTINUOUS REPRESENTATION AT THE SITE, as described in Paragraph 2.7, Compensation shall
be computed separately in accordance with Subparagraph 2.7.2
RAIC DOCUMENT 6 - 1978
12.4 COMPENSATION FOR ADDITIONAL SERVICES
12.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 2.8, and any other services
included in Article 13 as part of Additional Services, but excluding Additional Services of consultants,
Compensation shall be computed as follows:
Here, insen basis cf mmpensauon, including rare, and/o, mu I, iple of Dueo Personnel f xpen ses to, PrinrrpaI, and omployem, and identity Pnnopal, and
rlas sift' employees, if required. Identify specific cervices to which panirular methnds of comp,-nsa,,on apply: if nc,, ,a,) I
In accordance with the time spent, based on the following rates:
Principals
Project Architects
and Supervisors
Assistant Architects
Other Employees
$60.00 per hour *
$50.00 per hour *
$40.00 per hour *
Direct Personnel Expenses
plus 150%
* Rates quoted above are subject to revision every twelve (12) months
from the date of this Agreement, based on the Cost of Living Index
or 1211, whichever is less.
12.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical, and
electrical engineering services and those provided under Subparagraph 2.8.21 or identified in Article 13 as
part of Additional Services, compensation shall be computed asa multiple of
( 1.20 ) times the amounts billed to the Architect for such services.
(Identify specific types of consultants in Article 13, if required)
12.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 13 as
Reimbursable Expenses, compensation shall be computed as a multiple of
( 1. 20 j times the amounts expended by the Architect,the Architect'semploii'ees,and consultants in
the interest of the Project,
12.6 Payments due the Architect and unpaid under this Agreement shall bear interest from 30 days after the
date payment is due at the annual rate entered below, or in the absence thereof, at the prime rate
prevailing at any chartered bank at the principal place of business of the Architect plus two percent.
(Here insert any rate of mterep agreed upon)
(federal and Provincial statutes and regulations at the Client's and Architect's principal places of business, the location of the Project and elsewhere may
affect the validity of this provision Specific legal advice should be obtained with respect to deletion, modiGcat ion, or other requirements such as written
disclosores or waivers.)
12.7 The Client and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
12.7.1 IF THE SCOPE of the Project or the Architect's Services is changed materially, the amounts of
compensation shall be equitably adjusted.
12.7.2 IF THE SERVICES covered by this Agreement have not been completed within
( 12 ) months of the date hereof, through no fault of the Architect, the amounts of compensation,
rates, and multiples set forth herein shall be equitably adjusted.
10
RAIC DOCUMENT 6 - 1978
ARTICLE 13
OTHER CONDITIONS OF SERVICES
13.1 CLAIMS BY THE CLIENT
R is agreed that
(a) the client will not assert a claim for damages relating io the Work or the Contract
against the Architect unless the client has asserted a claim for such damages
within any required time limitation against all other persons who might
reasonably be liable therefor, and
(b) any waiver by the client with respect to a claim in favour of any of such persons
shall constitute a waiver by the client in favour of the Architect with respect to
any claim against the Architect.
In this Paragraph, "waiver by the client" includes any agreement by the client to a
limitation, exclusion or release whether in whole or in part of the liability of anotherto
the client but does not include a fair agreement of settlement.
RAIC DOCUMENT 6 - 1978 11
(REVISED OAA - OCT. 1979)
This Agreement entered into as of the day and year first written above.
CLIENT
ARCHITECT
The Corporation of the Town of PicKering, Beddall ShuKla Partnership, architects,
BY
er
BY
12 RAIC DOCUMENT 6 - 1978
N E 5
m t y
O u Y
m of 0' C .'
c c p
- J
O
? y p p
Y
s d v 3cS 6
v d
"-
O Q c.j
LL ?
^ y.E p
_? T S > U to Oi d m j .? d a« (.A
{.
?
r-V ?p
¢ d Y _
10 7 U C
d a d y wr
n
« C W _O N M3:
m
> Y C d
V
a t0 U
Um a a
>> E a
on $U
?Q C
c._
ax'
E 0 ° _ LL o a o ,
' v y c a o n N
n° a
a 00 ? a `?"' U > 2 o n m«
?« am w °x0
C
C C F-
L C ? a
m U C w
' C O d a
C
« _
V n
E= b d 5 O = a
i n N
` a
C d U„ -0 O« O L w
Y Y
?
:5 0 a
d " rn m ?
.- a m O
T> >
•? A J U y C O Ci U L m O J p
O d C'.C'
C y 01 U m V w C 1y 3
m
LL co W U E? a a
°
¢ LL C LL p
y
1 J O._ C C:p >
°°
' '? d? 3.
p 'q L d G g J T n T O O -
- NO
U >
m O C
p C J d
o
3
n J l] «. C y
Q.?
w
N LL J C
m C
O J O Y J d Y Ci O °; c
Q
m O S
E L
? m 00
O
Y d a- 3 O
O N
c d m m
-s
N a rn
c m
° o'^ a s
> c m
n v u s
c .. m
[ « ?' ° -o c °i m
-
v
nm?"5 Umm c ° ,
coo=o._'o.='^?m _ N
J Y ¢ p 0 cT ?pJ Z._ U
Om .
6
Q
= d -
, 0 c v C.- X'.r
TM w d
a-
OHO>? O
U>>L w p
a
C UC ?
CJ?+
N-ONn
f C
.A oo xO
-
d
O m
O
C=W o
>, n Umt LdNO y'O m-p
SE°O
O
U
H
,
m
?3LL
d?
?V V°
U°
a
C -
J??C
c p
U
p U W
U YJ >
o
d E
E
¢' c
2
« 3
c d y N p
¢ v a
O t
L
a o o o c V u U d
q
Y a
p
c
m
.
v
>
.
C
R M
N
Q
>
.
a
U
°
3 0 N
o
°
` v n
n m U d
H u 0 v E
E L
Q ? c
E m -Y
- LL y
?' d
y
a
d n E m °1 T f0 ¢ a c 'a 'd ° E c `p o o d E ,co ° m
rn °o -
p N
> a ?.
?v-ca,o a 3 otm?.^>'EAgx„ JO OdO?Unu ?a",oo um=odLLV mDf 0 0q-no0
V yF-U F- U HU°-Uwma wnL T?'U aw-j0 Uoa U l-¢QZ « o4.om« rn ?+-nor
ui ? co ?
rn 0
a
a O
a
F
U N
U A
U
`
C
a C C > U O+ C 0
.u
a _
a C O m m
N +
d d~
o rn `
w
- a m d
t a p
C O
U
U
N C c D
Y c
O C a =
c a
? a j >
d°
d
O O
T O ?
C P 6 U ° 0
J
U
a'o V
5 u U
- o a
'u rn a
E o
°. D
- E m m, co o
Y ?m a? a 0 m
C
c d
N C > N
4
U ` C
rn otN 7 U
` d d u
¢
?
a O
d .? J O
d a
i O O fn a
.•
'O C ? a O
Y _
d >> n '. W M U O a U U R C m d a U m L O
mm
m :6 M,c
tL
'
c J
oa G an d ^ o-
X Oi d
9
N °
c
q
? ' tL
v L C
C9
m` Ex•c
?-O w In O
o
j aT
4 y
C
c
-
v a
E- a m d
°F._. a
o
z d ?w 0 aw_
av
._
C'w 'D4`
n d m wm??C
O u Y
m' OiEO
c o ymN m. mU
mEO a..
d ' LLmv
? _
n
o m
m
EE
c
?d-
°fO d
Z> .
Ec
m=c ='
C
wC
0 _ c
` uC
as°
'
Ci
-
d m c +- p m E N.Y u N- 7p0 YU ] `._U
U O
a u
L 4 a C m._ O N ..
O
.E
C -Y a
T
o '=0 Yoy LL2 ,
mmd'u cam q¢a mwY XO E?`
.o " UO mmn
o
0
O
>
O U• x udv7ac E.'J_'cudm
'o ,po E
Ev
Ev
T
Em C
m
?
A
u E o
o
' ' 2
p 5
m° P J ° O
J Y a d
' '°
a ?p
- m m 1O m O J
m T O m
L
LL W Uo
QQU
H UU uJ
4o0
2 O J
U
4 m p m
y
O
mM02< ' Uo
JZN C E O
< c «d V1 T
«
j in N (n
_
tn
i 0 X0 .
m Sn O m L U? m D u b a?
o'L _ ° o- mV --- - ? E C O a
O -
N
w .=
e?i vi
v
o N a « a a
Z W N
U U A a
U U N
U
w
O_
a
Q M
M
/y N
O
N
N
[T
a
A
M
?C
O
3
N
L
O
0
U
iC
O
d
L_
_O
C
O
O
a
0
a
C
to
L
N
a
ro
w
m
N
m
L
N
O
N
01
C
9
L
U
ttl
lV
O
LL
00 to O n 0 NM 00 O W Mt0 O
n N .- O O M m W T tD of n t9 r CO
_J
-
3?
O o° `e
0 o° bb?pp ? 2e o° fib? 2°
O 1
0 0 n O O N t 0 O A ti
O o o m ai m of ca cd n Co t? to r n
o 0 2° o o o o 0 0 ?° 2Q
0 0 O 4U 10 O V O N O O Cn CJ 10
O O O O h 0 N O GJ N N O O V
- ? O O m p1 t0 W h h t0 n tD (D tD t0
O
c b
(
N
? a
a
? (
O 0 0
0 o
c o
0 0
o a
`O.
G ce
C O p
o c 0 -CD rn O O c
ct O O a 00 V u'1 O M O .- V O N 01
n V
y CA co
m n
n n
n (D
O to
tp tp
m tp
o 1n a
(O
U
? O
p -_ d
-a
d LL
C
d o o
O
°
?
?
°
O
O O M O ^ O (7 O {1
j p t0 111
M p O N 10? .- N O M Iq
anN M O N OA ? W O
t0r ht0 nrD OO tDO tptD 0m w m to
0
LL
o o o a a°ae aeo tae o
N O M 01 -- 0 111 n 0 01 O M N
N L q N M O N N O n N h r (D n I R C R p 10 t q
I[i Ifi to to to 7 to 0 Q? V V V 7 O C C
e,
N Vz -.e Z9
i
g 8 o
e?
o `°e
c ?°
3Q
- O [J O O 0
J 10 0
?
M
O
O
` OO V O n
co
n
ON
p.
t
at
(
'1.O
O10 10 at oN M N MN NN NN NN N
O O
O
O O O O o 0 O O
° 0 0 0 0
0
0 0 o C d ci o d o
0 0 0
0 q
y !^
N d
O d
O d
(V d
? d
O d
d C
Cl `a
lp d
M tD 'O ^ V N V 11'1 C
O a N V
Y ? {q C C
Vf {y C (y
C
(ry C c
fA C
(q C
y9 C
tN C
O
° E
(O
E
d
E
N
E
N
E
N
N
?0
?O
10
3 0 _ _ _ E _ E
« d p « d « N « d « d « d « d « d = d ? d
`y r « « « « « « " « «
LLO LLO LLO LLp LLO LLO Ii0 LLO LL O
o d c
... ._. .... _ L - . O ..? ?.
«
p
O O O
-
F O O O O O O
O
O O O
O O O O O
0 O
LL) I.O O O O p O 1
0 O O
N lp O lp ?
di W fff to f9 in 6% fA f9
69
O O o 0 0 0 o O o
d
d O. 6 Q O. 6 O. a d ?
J J J J J J J J J O
O
I ?
CIA Lri Ld 06 0;
p
c
d
U
d
N n
N ?
O C
Y U
O to
3 a
m J
d h
d d
d
(L l0
SCHEDULE "B" TO BY-LAW NUMBER 1269/81
THIS AGREEMENT made in duplicate, as of the 2nd day of June,
in the year nineteen hundred and eighty
between the CLIENT THE TOWN OF PICKERING
1710 Kingston Road
PicKering, Ontario L1V 1C7
and the ARCHITECT BEDDALL SHUKLA PARTNERSHIP, architects
1735 Bayly Street, Suite 7A
PicKering, Ontario L1W 3G7
for the following THE RECREATION COMPLEX
PROJECT Valleyfarm Road, PicKering Town Centre
PicKering, Ontario
NOW THEREFORE the Client and the Architect for the
consideration hereinafter named agree as
set forth in the following terms and conditions:
i
ARTICLE 1. ARCHITECT'S SERVICES AND RESPONSIBILITIES
SCHEMATIC DESIGN.
1.1 The Architect shall study the program and the budget furnished
by the Client to ascertain the requirements of the Project and
shall review the understanding of such requirements with the
Client.
1.2 The Architect shall provide a preliminary evaluation of the
program and the Project Budget requirements, each in terms
of the other.
1.3 The Architect shall review with the Client alternative
approaches to the design and construction of the Project.
cont'd......
page 2
SCHEMATIC DESIGN (cont'd)
1.4 Based on the mutually agreed upon program and budget requirements,
the Architect shall prepare, for approval by the Client, Schematic
Design Documents appropriate to the size of the Project, to fix
and describe the size and character of the entire Project as to
architectural, structural, mechanical and electrical systems,
materials, and such other elements as may be appropriate.
1.5 The Architect shall submit to the Client an Estimate of Construc-
tion Cost based on current area, volume or other unit costs.
ARTICLE 2. CLIENT'S RESPONSIBILITIES
2.1 The Client shall provide full information regarding require-
ments for the Project including a program, which shall set forth
the Client's design objectives, constraints, and criteria, including
space requirements and relationships, flexibility and expanda-
bility, special equipment and systems, and site requirements.
2.2 The Client shall designate, when necessary, a representative
authorised to act in the Client's behalf with respect to the
Project. The Client or such authorised representative shall
examine the documents submitted by the Architect and shall render
decisions pertaining thereto promptly, to avoid unreasonable
delay in the progress of the Architect's services.
2.3 The Client shall furnish a legal description and a certified land
survey of the site, giving, as applicable, grades and lines of
streets, alleys, pavements, and adjoining property; rights of way,
restrictions, easements, encroachments zoning, deed restrictions,
boundaries, and contours of the site, locations, dimensions, and
complete data pertaining to existing buildings, and trees; and
full information concerning available service and utility lines,
both public and private, above and below grade, including inverts
and depths.
2.4 The Client shall furnish reports and appropriate professional
recommendations of special consultants when deemed necessary by
the Architect.
cont'd......
page 3
2. CLIENT'S RESPONSIBILITIES (cont'd)
2.5 The Client shall furnish structural, mechanical, chemical, and
other laboratory tests, inspections and reports as required by
the Architect, the law, or the Contract Documents.
2.6 The services, information, surveys, and reports required by
Paragraphs 2.3 through 2.5 inclusive, shall be furnished at the
Client's expense, and the Architect shall be entitled to rely
upon their accuracy and completeness.
2.7 Contracts for the provision of such services, information,
surveys and reports, whether arranged by the Client or the
Architect, shall be considered direct contracts with the Client
unless explicitly provided otherwise.
2.8 The Client shall furnish required information and services, and
shall render approvals and decisions as necessary for the orderly
progress of the Architect's services and of the WorK.
ARTICLE 3 PAYMENTS TO THE ARCHITECT
3.1 PAYMENTS ON ACCOUNT Of SERVICES
3.1.1 An initial payment as set forth in Paragraph 10.2 is the minimum
payment under this Agreement.
3.1.2 Subsequent payments for Services shall be made monthly and shall
be in proportion to services performed on the basis set forth in
Paragraph 10.3.
3.2 DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct salaries of all
the Architect's personnel engaged on the Project, and the portion
of the cost of their mandatory and customary contributions and
benefits related thereto, such as employment taxes and other statu-
tory employee benefits, insurance, sicK leave, holidays, vacations,
pensions and similar contributions and benefits.
cont'd......
page 4
3.3
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the Compensation for
Services and include actual expenditures made by the Architect
and the Architect's employees and consultants in the interest
of the Project, for the expenses listed in the following
subparagraphs:
1. Expense of transportation in connection with the Project;
living expenses in connection with out-of-town travel; long
distance communications and fees paid for securing approval
of authorities having jurisdiction over the Project.
Expense of reproductions, postage and handling of Drawings,
Specifications and other documents, excluding reproductions
for the office use of the Architect and the Architect's
consultants.
3.4
3.5
3. Expense of data processing and photographic production
techniques when used in connection with the Services.
4. If authorised in advance by the Client, expense of overtime
worK requiring higher than regular rates.
5. Expense of renderings, models, and MOCK-ups requested by
the Client.
PROJECT SUSPENSION OR ABANDONMENT
If the Project is suspended or abandoned in whole or in part
for more than three months, the Architect shall be compensated
for all services performed prior to receipt of written notice
from the Client of such suspension or abandonment, together
with Reimbursable Expenses then due, and all Termination Expen-
ses as defined in Article 6. If the Project is resumed after
being suspended for more than three months, the Architect's
compensation shall be equitably adjusted.
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to
services performed on the basis of a Multiple of Direct Personnel
Expense shall be Kept on the basis of generally accepted accounting
principles and shall be available to the Client or the Client's
authorised represer..ative at mutually convenient times.
cont'd......
page 5
ARTICLE 4. OWNERSHIP AND USE OF DOCUMENTS
4.1 Drawings and Specifications as instruments of service are and
shall remain the property of the Architect whether the Project
for which they are made is executed or not. The Client shall
be permitted to retain copies, including reproducible copies,
of Drawings and Specifications for information and reference in
connection with the Client's use and occupancy of the Project.
The Drawings and Specifications shall not be used by the Client
on other projects, for additions to this Project, or for comple-
tion of this Project by others, provided the Architect is not in
default under this Agreement, except by agreement in writing and
with appropriate compensation to the Architect.
4.2 Submission or distribution to meet official regulatory require-
ments or for other purposes in connection with the Project is
not to be construed as publication in derogation of the Architect's
rights.
11
ARTICLE 5. ARBITRATION
5.1 All matters in dispute under this Agreement may, with the con-
currence of both the Client and the Architect, be submitted to
Arbitration under the laws of the Province of Ontario.
5.2 The parties to the Agreement may jointly appoint a single arbitra-
tor, or if they fail to agree on such arbitrator, shall each
appoint one nominee to a board of arbitration. These nominees
shall together agree upon a chairman; the three persons so
selected shall constitute the board of arbitration.
5.3 The award of the arbitrator or board of arbitration shall be
final and binding upon the parties.
ARTICLE 6. TERMINATION OF AGREEMENT
6.1 This Agreement may be terminated by the Client upon at least 7
days' written noticr to the Architect in the event that the
Project is permane^tly abandoned.
cont'd......
page 6
ARTICLE 6. TERMINATION OF AGREEMENT (cont'dl
6.2 In the event of termination not the fault of the Architect,
the Architect shall be compensated for all services performed
to termination date, together with Reimbursable Expenses then
due and all Termination Expenses as defined in Paragraph 6.3.
6.3 Termination Expenses include expenses directly attributable
to suspension or termination for which the Architect is not
otherwise compensated, and in addition, an amout of twenty
percent of the total Compensation earned to the time of
termination.
ARTICLE 7. LAID GOVERNING THE AGREEMENT
Unless otherwise specified, this Agreement shall be governed
by the law of the Province of Ontario.
ARTICLE S. SUCCESSORS AND ASSIGNS
The Client and the Architect respectively, bind themselves,
their partners, successors, assigns, and legal representatives
to the other party to this Agreement and to the partners,
successors, assigns, and legal representatives of such other
party with respect to all covenants of this Agreement. Neither
the Client nor the Architect shall assign, sublet, or transfer
any interest in this Agreement without the written consent of
the other.
ARTICLE 9. EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Client and the Architect and supersedes all prior
negotiations, representations, or agreements, either written
or oral. This Agreement may be amended only by written instru-
ment signed by both Client and Architect.
cont'd......
page 7
ARTICLE 10. BASIS OF COMPENSATION
10.1 FOR SERVICES, as described in Paragraphs 1.1 through 1.5,
compensation shall be a maximum of $100,000.00 (one hundred
thousand dollars).
10.2 AN INITIAL PAYMENT of fifteen thousand dollars (15,000.00)
shall be made upon execution of this Agreement and credited to
the Client's account in the last invoice.
10.3 THE MONTHLY BILLING shall be on the basis of the time spent during
the month by the Architect and/or his employees and his consultants
who perform worK on the Project, in accordance with the following
schedule of charges:
Principals - $60.00 per hour
Other Employees - Direct Personnel Expenses plus 150%
10.4 APPROPRIATE AMOUNTS OF CREDIT shall be deducted from subsequent
'percentage fee' invoices, to reflect the value of service that
has been previously invoiced on a time basis, and which would
normally be included as a part of the Architect's responsibili-
ties in a 'percentage fee' assignment. Thus, the compensation
paid for Schematic Design of the Project will be credited to the
Client over the various phases of construction, in proportion to
their value, with adjustments if necessary for any re-evaluation
of the Schematic Design.
10.5 Payments due the Architect and unpaid under this Agreement shall
bear interest from 30 days after the date payment is due, at the
prime rate prevailing at any chartered banK at PicKering plus
two percent.
10.6 The Client and the Architect agree in accordance with the Terms
and Conditions of this Agreement that:
10.6.1 IF THE SCOPE of the project or the Architect's services is changed
materially, the amounts of compensation shall be equitably adjusted.
10.6.2 IF THE SERVICES covered by this Agreement have not been completed
within twelve (12) months of the date hereof through no fault of
the Architect the amounts of compensation, rates and multiples
set forth herein shall be equitably adjusted.
cont'd......
page 8
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
CLIENT:
per dated
per dated
ARCHITECT:
per dated
Partner,
BEDDALL SHUKLA PARTNERSHIP,
architects.
THE CORPORATION OF THE TOWN OF PICKERING)
-LAW NUMBER 1269/81
Being a By-Law to authorize the execution
of two Agreements between the Corporation
of the Town of Pickering and Beddall Shukla
Partnership respecting the provision of
architectural services for the proposed
Town of Pickering Recreation Complex
(Phase 1 and Overall Design)
WHEREAS, pursuant to the provisions of section 352.74 of
The Municipal Act, R.S.O. 1970, chapter 284, as amended,
the council of a municipality may pass by-laws for, inter
alia, erecting places of recreation and amusement, arenas,
auditoriums, community centres and similar buildings
with the municipality; and
WHEREAS, in order to provide for the appropriate erection
of the proposed Town of Pickering Recreation Complex
(Phase 1 and overall Design), it is deemed desirable
to engage the Beddall Shukla Partnership to provide
architectural services therefor;
NO 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 Schedules "A" and "B", between the Corporation
of the Town of Pickering and Beddall Shukla
Partnership respecting the provision of architec-
tural services for the proposed Town of Pickering
Recreation Complex (Phase 1 and Overall Design)
BY-LAW read a first, second and third time and finally
passed this sixth day of April 1981
Clerk