HomeMy WebLinkAboutBy-law 399/76
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER ?Q
Being a by-law to authorize the execution
of an agreement between the Corporation of
the Town of Pickering and Mr. Derrick R.
Owen for the engaging of his services
respecting the site plan preparation of
the new Museum location
WHEREAS by Resolution 176/75 the Council of the
Corporation of the Town of Pickering adopted the recommendation
of the Executive Committee dated November 24, 1976 Item 14
that the proposal of Mr. D.R. Owen for site plan preparation
of the new location of the Museum be adopted;
AND WHEREAS it is deemed advisable to adopt that
proposal by engaging the services of Mr. Owen for site plan
preparation;
NOW THEREFORE the Council of the Corporation of the
Town of Pickering hereby enacts as follows:
1. That the Mayor and Clerk be authorized to
execute an agreement between The Corporation of
the Town of Pickering and Mr. Derrick R. Owen
for the engaging of the latter's services for the
site plan preparation of the new Museum location.
By-law read a first, second and third time and PASSED
this W, day of 4U7 , 1976.
Mayor
V V
Administrator-C, erk
I I
Ontario Association of Architects
s
Project Relocation of Museum to Greenwood Village
Client The Corporation of the Town of Pickering
Architect Dorrick R. Owen
CJ
January 1, 1975
THE STANDARD FORM OF AGREEMENT
BETWEEN CLIENT AND ARCHITECT
THIS AGREEMENT made in duplicate the day of
in the year Nineteen Hundred and Seventy-six by and between
The Corporation of the Town of Pickering, 1710 Kingston Road,
Pickering, Ontario.
hereinafter called the "Client",
and Derrick R. Owen, Suite #1, 187 King Street Past, Oshawa, Ontario
hereinafter called the "Architect".
W11F181048?QEf®(fi;NlM0U9DIII0C10M00( Proposed Museum -- Relocation of Museum
Insert to Greenwood Village . In accordance with the Architect's
description
of work
proposal dated October 14th 1975, a copy of which is attached
as Schedule "A" and specifically made a part of this
agreement.
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NOW THEREFORE, the Client and the Architect for the considerations hereinafter named agree
as follows:
ARTICLE 1.
The Architect shall perform for the above-named work professional services as hereinafter
set forth.
ARTICLE 2. THE ARCHITECT'S SERVICES
(a) Basic Professional Services. The Architect's basic professional services consist of taking the
Client's instructions; preparing the necessary preliminary design studies; making preliminary
estimates; preparing working drawings and specifications; assisting in the drafting of forms
of tenders; proposals and contracts and advising on tenders and proposals; selecting,
engaging and instructing consultants; furnishing to the Contractor necessary copies of the
contract drawings and specifications and large-scale detail drawings; processing shop
drawings; certifying and passing accounts; and issuing Certificates for 'ayments; and the
general administration of the construction contract.
(b) Estimates of Cost. The Architect shall prepare preliminary estimates of the cost of the work
but he does not guarantee the accuracy of such estimates. He shall review and revise such
estimates from time to time as the preparation of drawings and specifications proceeds.
Exact costs can only be determined when contract tenders are received.
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(c) Administration of the Contract and Inspection of the Work. As required by the contract between
the Client and the Contractor, the Architect shall make decisions on all claims of the Client
and the Contractor and on all other matters relating to the execution and progress of the work
or the interpretation of the Contract Documents.
The Architect or his deputies, at periodic intervals, shall provide field inspections which shall
reasonably ensure that the building is being erected in conformity to the Contract Documents.
Any defects or deficiencies shall be identified to the Contractor.
(d) Certificates For Payment. Based on the Architect's observations on the site as noted above,
and the Contractor's Application For Payment, he shall determine the amount owing to the
Contractor and shall issue Certificates For Payment in such amounts. These Certificates shall
constitute a representation to the Client, based on such observations and the data comprising
the Application For Payment that the work has progressed to the point indicated. By issuing
a Certificate For Payment, the Architect shall also represent to the Client that, to the best of
his knowledge, opinion and belief, the quality of the work is in accordance with the Contract
Documents. He shall conduct inspections to determine the dates of substantial and final
completion, and shall issue a final Certificate For Payment.
ARTICLE 3. THE CLIENT'S RESPONSIBILITIES
(a) Requirements, Surveys, Borings and Tests. The Client shall furnish the Architect with a
definitive statement of his requirements, an accurate survey of the building site, including all
information and all surveyor's services required for the setting out of the structure, and giving
the grades and lines of streets, pavements, adjoining properties, and structures thereon, the
rights, restrictions, easements, boundaries and contours of or affecting the building site. He
shall provide also, or reimburse the Architect on account of direct costs for obtaining full
information as to sewer, water, gas, electrical and other public utilities services. The Client
shall pay also for borings or test pits and for chemical, mechanical and other tests, including
associated interpretation and evaluation which may be required, and for any advertising
incidental to obtaining tenders, and for any permits or licences which may be required and for
any necessary legal services. The Architect shall not be responsible for costs or damages
arising from errors or omissions in any of this information.
(b) Client's Decisions. The Client shall give due consideration to all matters relating to the work
and, whenever prompt action is necessary, he shall inform the Architect of his decisions in such
reasonable time as not to delay the work of the Architect nor to prevent him from providing
documents or instructions to contractors promptly.
(c) Client's Site Representative. If constant representation of the Client on the job during progress
of the work is desired by the Client, a Client's Site Representative, acceptable to both the
Client and the Architect, shall be retained. He shall perform under the direction and control
of the Client who shall pay his salary and he shall co-ordinate his work with the Architect.
ARTICLE 4. PROVISIONS AND CONDITIONS.
(a) Definition of "Cost of the Work". "Cost of the Work" means the cost to the Client of the work
and approved additions thereto including Contractor's profits and expenses but not including
Architect's and Engineering Consultant's fees or the fees of other special consultants or re-
imbursements or the salary of a Client's Site Representative. "Cost of the Work" also includes
all applicable taxes whether recoverable or not. Should labour or material be furnished by the
Client below its market cost, or should old materials be reused, cost is to be interpreted as the
cost of all materials and labour necessary to complete the work if all materials had been
new and if all labour had been paid for at existing market prices when the work was ordered.
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(b) Abandoned, Suspended or Deferred Work. In the case of abandoned, suspended or deferred
work, in all or in part, the Architect shall be entitled to payment forthwith for all services
rendered by him up to the date of such abandoned, suspended or deferred work and for all
services arising therefrom based upon the lowest bona fide tender or if no tenders have been
received, then upon a reasonable estimated cost.
(c) Additional Services.
(1) If after a definite scheme has been approved, the Client makes a decision which for its
proper execution involves additional services or expenses for changes in or additions to
the drawings or specifications or otherwise; or
(2) If the Architect is required to perform additional services or pay expenses because of
delays during construction or extension of the construction contract or labour disputes
or the delinquency or insolvency or death of the Client or Contractor or by litigation or
arbitration proceedings, or as the result of damage to the work in progress by fire,
lightning or tempest;
The Architect shall be paid for such additional services and expenses on a per diem or
payroll basis.
(d) Fees for Consultants (other than Multiple Housing, where Consultants are retained separately)
(1) The cost of structural, mechanical and electrical engineering, which by professional
experience and opinion is considered normal to a specific building type, shall be borne
by the Architect, other than in the provision of services for work in Category 1 (Multiple
Housing). Where structural, mechanical and electrical engineering is in excess of normal,
the Architect's fees may be increased by an amount to be agreed upon by the Client and
Architect to cover the additional engineering services involved.
(2) Where the work is of such a nature as to require the services of a special consultant, the
Architect may retain such a consultant whose fees shall be paid by the Architect, and the
Architect shall be reimbursed by the Client therefor, plus a fee to be agreed upon by the
Client and Architect to cover co-ordination of such consulting services.
(3) If the Client should desire to bring in a special consultant on the work or any part of it,
the Architect shall collaborate with him and the fees of such consultant shall be paid by
the Client, plus a fee to be agreed upon by the Client and Architect to cover co-ordination
of such consulting services.
(e) Construction Emergencies. While the work is in progress, the Architect may on behalf of, and
as Agent of the Client, give orders and cause to be performed such conservatory or remedial
work or work necessary to life or safety as in his discretion seems necessary or expedient in
the Client's interest in the case of a construction emergency. The cost of such work shall
become part of the "Cost of the Work" [Article 4(a)].
(f) Deductions. No deductions shall be made from the moneys payable to the Architect because of
any penalties, liquidated damages, statutory holdbacks, or other sums withheld from payments
to the Contractor or other persons engaged on the work.
(g) Ownership of Documents. All drawings, specifications and documents prepared by the Archi-
tect are instruments of service for use in carrying out the project and are the property of the
^ Architect. The Architect retains his copyright in these documents which may not be used for
l any other project without his express consent.
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ARTICLES. PROFESSIONAL CHARGES
insert (a) Fee for Basic Services. The Client shall pay the Architect for his basic services a fee of
FIVE THOUSAND DOLLARS,($5,000.00)
plus such additional amounts as ate herein expressly provided for. In the event of any unfore-
seen conditions it would be necessary to allow an additional fee of $1,500.00
which would be used at the discretion of the consultants and the approval of th
insert (b) Fee for Additional Services. Advisory Committee on a per diem
Wpprcaole (1) Co-ordinating Fees. Additional Fee for Co-ordination ra to
(2) "Cost Plus" Contract. If the work, or any part of the work, is let on a "cost plus" basis,
the Architect's fee shall be increased in proportion to the additional services required
of the Architect.
Additional Fee for Cost Plus Contract $1,000.00
(3) Separate Contracts. If the work, or any part of the work, is let under separate contracts,
the Architect's fee shall be increased in proportion to the additional services required of
the Architect.
Additional Fee for Separate Contracts
(4) Management Contract. If the work is to be administered by the process of sequential
tendering, management, or a form thereof, the Architect's fee shall be increased in pro-
portion to the additional services required of the Architect.
Additional Fee for Management Contract
(5) Changes to the Contract Documents. Fees based upon time rates shall be charged in
addition to the agreed upon percentage fee structure for changes to the Contract
Documents. However, where additions to the scope of the work are the major result of the
change, the agreed upon percentage fee structure shall apply.
(6) Client's Requirements. If the Architect prepares a program of the Client's requirements,
fees based upon time rates shall be charged for this work in addition to the fee for basic
services.
(7) Public Participation. If the Architect is required to provide extra services, specifically
related to the understanding and approval of public groups or committees, fees based
on time rates shall be charged for this work in addition to the fee for basic services.
(c) Disbursements. The Client shall reimburse the Architect for the following disbursements, in
addition to other disbursements herein provided for:
(1) The cost of printing or reproduction of documents, except for the cost of printing and
reproduction of documents for circulation between the Architect and his associated
consultants.
e« (2) The cost of transportation and living expenses incurred by him or his assistants while
travelling in discharge of duties connected with the work beyond twenty (20 ) miles
from the Architect's office, computed on the actual cost of travel by rail or air, and at
fifteen (15) it per mile for travel by automobile.
(3) The cost of telegrams and long distance calls made in the interests of the Client
(4) The cost of all tender and legal advertising and all required statutory inspection fees.
(5) The cost of any other disbursement approved in advance by the Client.
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ARTICLE 6. PAYMENT TO THE ARCHITECT
(a) Schedule. The Architect shall have been deemed to have earned on account of his fee and
payment shall be made as follows:
(1) Upon completion of the schematic design phase, a sum equal to one sixth (1/6) of his
basic fee computed upon a reasonable estimated cost;
(2) Upon completion of design development and sketch drawings, a further sum sufficient
to increase payments on the fee to one quarter (1/4) of his basic fee computed upon a
reasonable estimated cost;
(3) Upon completion of approximately three quarters of the working drawings and specifi-
cations a further sum sufficient to increase payments on the fee to five eighths (5/8) of
his basic fee computed upon a reasonable estimated cost;
(4) Upon completion of contract documents to a point where they might be submitted for
tender, a sum sufficient to increase payments on the basic fee to three quarters (3/4) of
the basic fee computed upon a reasonable estimated cost or, if tenders are received,
then computed upon the tender or tenders approved by the Client. If no tender has
been approved by the Client, then the fee shall be computed upon the lowest bona fide
tender or tenders received, or if sequential tenders are required, then the aggregate of
the accepted or lowest tenders.
(5) From time to time during the execution of the work and having regard to the total services
to be rendered by the Architect, in connection therewith, and the extent to which such
services have been rendered, payments shall be made until the aggregate of all payments
made on account of the basic fee shall equal the total fee;
(6) Payments on account of the Architect's fee within the limits above-mentioned may be
made to the Architect in the course of preparation of preliminary studies or working
drawings or specifications, monthly or otherwise, as may be agreed upon between the
Architect and the Client.
Insert (b) Accounts. Accounts for payment are due and payable when rendered. Overdue accounts are
subject to interest charges at 13 percent per annum, commencing thirty days
after the date of invoicing.
ARTICLE 7. GENERAL
(a) This Agreement shall enure to the benefit of and be binding upon the Parties hereto, and except
as hereinafter otherwise provided, their executors, administrators, successors and assigns.
(b) If the Architect Party hereto is an individual and dies or becomes incapacitated before his
services hereunder have been completed, this Agreement shall be terminated as of the date
of his death or incapacity, and the Client shall pay for the services rendered and disbursements
made to the date of termination.
(c) If a Party to this Agreement who is an individual should desire to bring in a partner or partners,
or if a Party which is a partnership should desire to bring in a new partner or partners to
share the benefit and burden of this Agreement, he or they may do so and he or they shall
promptly notify the other Party of such action.
(d) Except as aforesaid neither Party may assign this Agreement without the consent in writing
of the other.,
ARTICLE 8. ADDITIONAL TERMS
The following additional terms are added and shall become a part of this Agreement:
Insert
F
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ARTICLE 9. ARBITRATION
(a) All matters in dispute under this Agreement shall be submitted to arbitration at the instance
of either party.
(b) No one shall be nominated or act as arbitrator who is in any way financially interested in the
conduct of the work or in the busine§s affairs of either party.
msen (c) The laws of the Province of Onta rio _ shall govern the arbitration.
(d) The award of the arbitrator or arbitrators shall be final and binding upon the Parties and this
covenant to submit to arbitration is to be construed as an integral part of this Agreement
between the parties.
IN WITNESS WHEREOF the Parties hereto have executed this Agreement.
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SIGNED, SEALED AND
DELIVERED in the presence
of:
THE CORPORATION OF THE TOWN OF PICKERING
Mayor
Administrator ler
Clent
i
Derrick R. Owen
Architect
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DERRICK R. OWEN M.R.A.I.C. ARCHITECT
SUITE 1, 187 KING. ST. E., OSHAWA, ONTARIO L1H 1C3 (416) 576-9917
i?? IrrI r? 'I I J I
OCTOBER 14TH, 1975•
u ? i 15 .1915
70VVN OF PICl EDO Q
TOWN OF PICKERING, PICKERING, t:) RTMI f,)
1710 KINGSTON ROAD,
PICKERING, ONTARIO.
ATT. MR. JOSEPH MYSLIK, SCIIEDULE °11"
DEPUTY CLERK
RE: RELOCATION OF MUSEUM TO GREENWOOD VILLAGE
DEAR MR. MYSLIK:
THANK YOU FOR YOUR INVITATION TO ATTEND THE TECHNICAL ADVISORY COMMITTEE OF
OCTOBER 1ST, 1975.
I AM MOST INTERESTED IN PROVIDING CONSULTING SERVICES TO THE MUSEUM BOARD SUCH
AS WERE DISCUSSED AT THAT MEETING.
MY PERSONAL INTEREST IN HISTORICAL RESTORATIONS BEGAN IN GREAT BRITAIN AND EUROPE
WITH THE NATIONAL TRUST AND AS A MEMBER THE GEORGIAN SOCIETY AND THE SOCIETY FOR
THE PRESERVATION OF ANCIENT MONUMENTS TO THE PRESENT TIME WITH MY WORK IN KINGSTON,
BOWMANVILLE, PORT PERRY, CANNINGTON, ETC.
IN THE INTEREST OF CONSERVING YOUR OPERATING BUDGET, I WOULD SUGGEST THAT MY WORK
SHOULD BE OF A CONSULTING NATURE, FOLLOWING THIS GENERAL OUTLINE:-
1. FEASIBILITY STUDY
2. EVALUATION OF PRESENT MUSEUM BUILDINGS
3. DISCUSSION WITH MUSEUM BOARD AND TE OHNI CAL ADVISORY BOARD MCMBERS
IF. ENVIRONMENTAL AND ENGINEERING ASPECTS OF THE NEW SITE INCLUDING SOIL TESTING
AND SERVICING.
CONTINUED . . . . . . . . . .
PAGE Z
RELOCATION OF MUSEUM TO GREENWOOD VILLAGE
ATT: MR. J. MYSLIK
Jr. TRANSPORTATION PLANNING WITH PARTICULAR EMPHASIS ON THE PRESERVATION OF THE
VILLAGE OF GREENWOOD.
6. LANDSCAPE PLANNING AND MOVEMENT OF PEDESTRIANS ON THE SITE.
AT EACH STAGE WHERE PLANS' NEED TO BE PROVIDED I WOULD REOUIRC THE ASSISTANCE OF
MUNICIPAL DESIGN OR DRAUGHTING PERSONNEL TO PRODUCE THE NECESSARY DRAWINGS.
1 WOULD ALSO LIKE TO CALL ON MR. BEODALLOR OTHER MEMBERS OF THE EAST REGION
CHAPTER OF ARCHITECTS, REPRESENTED ON THE TECHNICAL ADVISORY COMMITTEE, TO
ASSIST IN THE PLANNING AND DESIGN PROCEDURES IN AN ADVISORY CAPACITY.
I WOULD STRONGLY ADVISE THE CONSTRUCTION OF A TOPOGRAPHICAL MODEL GOTH AS AN AID
TO THE DEVELOPMENT OF A SUITABLE PLAN AND FOR EXHIBITION PURPOSES LATER. THIS
COULD BE PRODUCED EITHER BY THE MUNICIPAL EMPLOYEES OR BY MY OWN OFFICE, WHICHEVER
IS MORE EXPEDIENT AT THE TIME.
AS YOU CAN APPRECIATE IT 15 ALMOST IMPOSSIBLE TO ASSESS THE TIME WHICH MAY BE
SPENT ON SUCH A PROJECT, HOWEVER, TO ASSIST YOU IN YOUR DECISION TO PROCEED,
THE COST OF MY PART OF THE WORK WILL BE HELD TO A MAXIMUM OF 95'000.0().
THERE 15 MUCH MORE TO BE CONSIDERED,HERE THAN MONETARY VALUES, AND IF YOU SHOULD
$0 CHOOSE, 1 AM PREPARED TO COMMENCE WORK AT ANY TIME.
YOURS TRULY,
DERRICK R. OWEN, M.R.A.I.C.
ARCHITECT.
/CF