Loading...
HomeMy WebLinkAboutBy-law 4574/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4574/95 Being a by-law to authorize the execution of a Client/Architect Agreement betveeen Moffat Kinoshita Associates Incorporated and The Corporation of the Town of Picketing respecting the development of the Claremont Community Centre. WHEREAS, pursuant to the provisions of section 207.58 of the Municipal Act, R.S.O. 1990, chapter M.45, the Council of the Corporation of the Town of Pickering may pass by-laws for erecting community recreation centres and similar buildings; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized to execute a Client/Architect Agreement, in the form attached hereto as Schedule A, between Moffat Kinoshita Associates Incorporated and The Corporation of the Town of Pickering, respecting the development of the Claremont Community Centre. BY-LAW read a first, second and third time and finally passed this 20th day of February, 1995. Wayne/~.Ar~s, Ma~.~ ,l~Cmce Taylor, Clerk TOWN OF PICKEF~'~G AS TO FOAM LEGAL DEPT. Schedule A Canadian Standard Form of Agreement between Client and Architect DOCUMENT 6 1989 Edmon Revl.~ed 1990 This document has been endorsed by the following member associations of the Commltlee of Canadian Architectural Councils (CCAC). Architectural [nstirute of British Columbia Alberta Association of Architects Saskatchewan Assocmtion of Architects Mamtoba Association of ArchttecL~ Ontario Association of Architects Arch:tects Assocmt~on of Ne,,,.' Brunswick Nova Scotia Association of Architects Architects Association of Pnnce Edward Island Newfoundland Assocmtion of Arch:reefs Royal Architectural Inst:tute of Canada Enquirms shou}d be directed to Pracnce Affairs Commitlee of Canadian Architectural Councfl~, Suite 330 55 Murray Street Ona~.'a. Ontario KIN 5M3 (613) 232-8341 Contents Agreement Between Client and Architect 1. Definitions 2. Re, po risibilities 2.1 Architect's Bask SeP.'ice', 2.2 Constlqactlon Cost and E,,tlmates of Colq%truct:on eom 2.3 Chem'~, Responslbilmes 2 ~ Architect's Additional 3. General Conditions 3.1 Copynght and Use of l)ocument:, 3.2. Authorship 3 3 Arbnranon 3.4 Prolect Suslx'nsion or Abandonment 3 '5 Termmauon 3.6 Lab' Governing This Agreement 3.7 Successors and Assign', 3.8 Exaent of Agreement 3.9 L~abihty of the Architect 4. Fees and Reimbursable Expenses 5. Other Conditions of Services 1 DeFinitions Project Budget I. 1 Thc' ProleCt Budget ~, the Chem':., e,,tlmaled total expenditure for the cnttre prolc'ct It include', the Con,,tru,.t~on I'~udget and all other ~.ohth prolect de~,lgned or specified by or on behalf of the Architect. including all apphcahle laxes whether reco','erahle or not. Where there is no contract price for all or pan of the prol,.-'ct, the Construction Co~,l shall co~,t ol thc' land. or other ¢'o~t~, which are tile responsibility of thc' Client. In thc c,.cm that labour or material ~, /'urmshcd bv the Client below for purpo-,us ol e:,tablishmg the tee ih to I~' interpreted as the cost of all materials and labour necessa~, to complete the X',.;brk ah ff all matenal, had been new and tf all labour had been paid for at marker t~)r the pro'.'~h~on of Iai)our, materials and equipment for the execuuon responsib~lme:, and obligauons as prescribed in the Contract Doc'u- the plan~,. :,ketches. drawing:,, graphic representauons. ~,pec~fications and such other documents as are identthed m the Agreement and the the Work Contractor to perform a part or parts of the Work included in the Contract. or to supply products worked to a special design according Substantial 1.8 Sub'.tam tal Performance of the ~brk is as defined in the lien ]c'gi.,lat~on Performance apphcable to the place of the project If '.uch legislation is not in force or dr~::-, nc, t contain such defimtton, bubstantial Perl~)rntance shall have been reached when the Work is r,._'ady for u~.e or ~, berng u:.ed for tile purpo~,c mt,.'ndcd and is so ceruficd I',y the Architect Place of the Work 1.10 The Place of the Work is the designated s, tle or location of the prolect of ',vh~ch the gbrk may be the whole or a part. Bank Rate 1.11 Bank Rate means the hank rate establi:,hed by the Bank of Canada as the retain'mm rate at which the Bank of Canada makes short term advances to the chartered banks. Canadian Standard Form of Agreement Between Client and Architect 1989 Edmon Revved 1990 Agreement made a~ of the 20th day of May in the year of mneteen hundred and ninety- four BetweentheCllent: The Corporation of the Town of Pickering (Include name and address) Pi c keri ng C i v i c Compl ex One The Esplanade Ptckering, Ontario LIV 6K? a~dtheArchitec,- Moffat K~noshita Associates Incorporated rlnclude narae and address) 124 Merton Street Toronto, Ontario M4S 2Z2 For the following Project: r lnclude detailed desc'r;ption of project location and scope) A community centre, approximately 20,000 Square Feet gross floor area, in the Hamlet of Claremont, Ontario, including a fire hall for a volunteer fire department with two trucks, an emergency operations control, a gymnasium/ banquet hall for 270 seating capacity,community meeting rooms, warm-up kitchen with snack-bar, nursery school, small library and change rooms. The Client and the Architect agree as set Iorth :n the following terms and conditions. Fees and Reimbursable Expenses 4 The Client shall pay fees and retmbursable expenses to the Architect ~ 1 monthly when mvoices are rendered as set forth in this article The Client shall pay an mtual amount of rio dollars 4 2 Retatner t $ 0.00 } upon exe~.uuon of this Agreement. The payment shall be credited to the Chent s account as follow',: The fee for the Architect's basic service:-, shall be computed as follows, ,-I.3 Fee for Basic /Here, msert basis dj'fees, includinR f£~:ed amounts, multiples, or Services percentages, and tde~tt~i, phases to u'b Ich pa rttcularfee calculations apply. ;f necessao,. ) See attached Appendix "A" feeS:~l for /~ Claremont Community Centre. · The fee for the Architect s basic services v, hen based on a >hpulated sum or a percent.age of Constmcuon Cost shall be apportioned to the phases ot ser',qce as follows ~ lnclude a*(l: addttional phases as approprtcatey. Schematic Design Phase percent 1~'. ~/0) Design Development Phase percent 12. Constmcuon Documents Phase percent 50 %) Bidding or Negotiation Phase percent ~ %) Constmcuon Phase-- Contract Admmistration percent ?0 %) Total one hundred percent 100 %) When the fee for the Architect's basic services is based on a percentage of the construction cost. the basis for the apportioning of the applicable percentage of the fee for the phases of services stated above shall be calculated on the following Schematic Design Phase: the mutually agreed Construction Budget at the commencement of the phase. Design Development Phase: the approved estimate of Construcuon Budcjet at the commencement of the phase. Construcuon Document~ Phase. the approved estimate of Construction Cost at the commencement of the phase. Bidding or Negotiation Phase: the approved estimate of the Construc- tion Cost at the commencement of the phase, Construction Phase -- Contract Admimstrat~on: the actual Construction Cost. When revisions or additions are made to the program of reqmrements or pre'.' ous y approved documen s prepared by the Architect in an'.' of the phases of servtces slated above and such revisions or additions require basic semices beyond those already provided in this phase or any previous phase, the fee for such services shall be increased based on additional servtces or as otherwtse mutually agreed for any of the applicable phases. Fee payments during any phase of the Architect's services shall be in proportion to the services performed within that phase. For the Architect's basic sen'ices relatr.,'e to the portions of the prolect that are designed but then deleted or otherwise not built, the fee shall be tn proport:on to the extent of such servtces in accordance with paragraph ~ 4 and shall be based on the lowest bona fide bid or negottated proposal or. if no such b~d or negot:ated proposal ~s received, the most recent estimate of Con',mtction Cost approved by the Client Fee~, h)r a 6 Fees for the Architect's additional services, excluding tho~ provided Addtt:onat by the Architect s con~,ultants, shall be computed as follows. Ser..'~ces ~Here. insert basts oJ' fi'es, t~tclttdinR rate~ and/or mtdtiples of dtrect l:x, rso~tnd e.xpe~¢,s j~r cjficer~, dtrectors, part~te~;, pr~nctpals a~td empht~,ees, ami tde~tttJ? oJficer~, directors, partners, pr~nctpals, aJtd classlJ~v employees, if reqtttred Identi~. ' specOc sen'tees to tcbtcb par- ttctdar fee calcttlatio~s appel,, ~J'~tecessa~,'.l Principal $136.00 Associate/Project Manager $100.00 Senior Designer $ 92.00 Job Captain $ 84.00 Technologist $ 68.00 Junior Technologist $ 52.00 Clerical $ 48.00 .:.1.7 Fees for additional s,,:rvlces provided by the Ai'chitect's consultants shall be a:, invoiced by the consultant according to the hourly fee rates or multiples of direct personnel expense set out below plus 0 % of the consultant's invoiced amounts. (Ident~'specific (~:pes of consultattts tn Article 5, if requtred } D~rect Personnel 4.8 Direct personnel expense means the salary of the Architect's or the Expense consultant's personnel engaged on the prolect plus the Architect's or the consultant's port~ons of the cost of mandatory and customary contributions and bencftts related thereto '~'hich include employment taxes ~lnd other statutoq: benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits, Reimbursable 4.9 Reimbursable expenses are the actual expenditures of the Architect. Expenses employees, and the consultants in the interest of the prolect plus 0 % of such actual expenditure:~. They include expenditures for the follow- rog: (a) travel, e.g.. for trans~r~ation, lodgingand meals, withcarexpenSecomputed al I~ per kilometer: (b) communication and shipping, e.g., for long d~stance telephone calls, telegrams, telex, couner set'vice, postage and electromc conveyances: ¢c) reproduction of plans, ';ketches. drag'ings, graphic repre- sentations, specifications and other documents, i ricludmg reproductions for the Architect's and the consultant's office use: (d) preparation of renderings, models, and mock-ups requested by the Client: re) fees, levies, duties or taxes for permits, licences or approvals from authorities having jurisdiction: tO data processing and photographic sec.'ices relative to additional serx'~ces of the Architect: {g) overtime work authorized in advance by the Client to the extent that the cost of such work exceeds normal direct personnel ex- penses: th) insurance requested by the Client m excess of that nom'~ally carried by the .~d-chitect and the ~:onsultants. Responsibilities 2 The Architect's basic' ~,erv~ces cons~,l ot the [r..'e phases descnbed m 2.1. l Artide 2.1 paragraphs 2.12 through 2.1.26 and include normal structural. Architect's Basic mt..chanlcal and electrical engineering ~,e~'lces. of whlc'h all engineer- Service~ mg ,,eo,'tces shall be provided by professtonal engineers The .M-ch~tect's basic sec'ices include the co-ordinal:on reqmred to m~ tegrate all pans of the sel~:lce The Architect shall stud,.' the program of requirements furnished by the 2 1.2 Schemahc Cliem and shall study the characteristics of the stte. Design Phase The Architect shall review and comment on the Client's Construction 2.1.3 Budget in relation to the Client s program of requirements The Archaect shall review with the Cheat altematr,,'e approaches lo the 2.1,4 design of the pro}ecl and the tTpes of construchon contracts Based on the mutually agreed upon program of requirements and 2,1 $ Construc0on Budget, lhe A.rch:lecI ~,haJJ review apphcab]e slatules, regulations, codes and by-laws and where necessary review the same v, qth the authormes having junsd~ctton and then prepare for the Cliem's review and approval schematic dtc:,tgn documents to illuMrate the scale and character of the prolect and how the parts ol the prolect funct~on- ally relate to each other, The Architect shall prepare and ~,ubm~t to the Client an estimate of 2.1.6 Construction Cost based on current area. volume or other umt costs. Based on the approved schematic design documents and approved 2.1.7 Design esumate of Construchon Cost. the Architect shall prepare, for approval Development by the Client. design development documents consisnng of drawings Phase and other documents appropriate to the s~ze of the prolect to fLX and describe the s~ze and character of the enure project as to the architec- tural, structural, mechanical, and electnca[ systems, materials and such other elements as ma)' be appropriate The Aschaect shall prepare and submit to the Client for approval a 2.1 8 revisc, d e~,t:mate of the Con~truc't~on Cost. The .M-ch:leer shall continue to revtew applicable statutes, reguJauons. ~ 1.9 codes and by-laws in relauon to the design of the project, Based on the approved design development documents and approved 2.1 l 0 Construction esumate of Construction Cost. the Architect shall prepare, for approval Documents by the Client. construction documents consisung of drawings and Phase specificauons setting forth m detail the requirements for the construc- f th p oiect lion o e r . The Architect shall advise the Chem of any adjustments to prevtous 2.1 11 estmlates of Construction Co>t md~cated by changes in requlremenLS or general market condmons. The .~'chitect shall ad,.':se the Client on Ihe Bidding Documents. The 2.1 12 Archaect shall obtain instruct:on, from the Chent for the preparatton of the necessary bidding mformatt(m. Ndding forms, condmons of the Contract and the form of Comracl between the Client and the Con- tractor. The Architect shall review statutes, regulations, codes and by-laws 2 1.13 applicable to the design and where necessatT re,.'~ew the same v,.'~th the authorities having jurisdtction tn order that the required consents. approvals. [icences and per:n~ts necessary' for the prolect can be ap- plied for and obtained by the Chem /,'e/%/on 1990 2 I I Basic Serz~ce~ 215. 2I.gand2113 Bidding or 2.1.lq The Architect. following the ~21ient s approval of the construction Negot~auon documents and of ~he latest esnmate of the Constmcnon Cost. shall Phase assist and advise the Chem ~n obtaining b~ds or negonated proposals and m awarding and preparing o'{retracts for constmcnon. Construction 2 1.15 Dunng the construcnon phase --contract admimstration, the Architect Phase -- Contract ,.hall be a representative oftbe Chem. shall ad",'ise and consult w~th h~m Admm~stratton and shall have authority to act on his behalf to the extent provided in th~s Agreement. and shall at all times have access to the Work wherever ~t ~s tn preparauon or progress. All instructions to the Contractor shall be fom,'arded through the Architect 2.1.16 The Architect shall carry out the general review of the Work at intervals appropriate to the stage of construction which the Architect consMers necessary to determine ~1' the Work ~s in general conformiw wah the Contract Documents. However. the Arch~tec~ shall not be requu-ed to make exhaustive or continuous on-site reviews. The Architect shall keep the Client reformed of the progress and quality of the Work and shall report to the Client any defects or deficiencies in the Work obser-.'ed during the course of the sae reviews. It is understood that the reviews being conducted by the Architect are for the following pur- poses l. To examine, evaluate and repor~ to the Client upon representative samples of the Work: any comments on the balance of the Work made during the course of the s~te reviews are assumptions based upon extrapolation. 2. To determine if the Work is in general corfform~ty with the Contract Documents for the project. 2.1.17 The Architect shall not: 1. be responsible for the acts or omissions of the Contractor. Sub-Con- tractors or any other persons performing any of the Work, or for the fadure of any of them to carry out the Work in accordance with the Contract Documents. 2. have control, charge or supervision of. nor responsibili~' for con- ~trucuon means, methods, techniques, sequences, or procedures or for safery precautions and programs in connecnon 'wah the Work.. 2.1.18 The Archxtect shall determine the amounts owing to the Contractor based on observations at the site and on evaluanons of the Contractor's applicauon for payment, and shall issue certificates for payment m such amounts, proport/onate to the amount of the Contract. for Work per- formed and products delivered to the Place of the Work as provided in the Contract Documents. The issuance of a certificate for payment shall consutute a representation by the Architect to the Client. based on the Architect's observations at the sae as provtded in pa ragraph 2.1.16 and on Ihe data comprising the Contractor's application for payment, that the \Vork has progressed to the point indicated, that to the best of the Architect's knowledge, mformatxon and belief, the Work obser,.'ed during the course of general review ~s m general conformi~' *.'~th Ihe Contract Documents: and that the Contractor is entitled to payment m the amoum certified. Such certtflcatton ts subject to: {al general revtew and eva]uahon of the Work as it progresses for general conformi~' as provided in paragraph 2.1.16. t b) the results of any subsequent tests required by or performed under the Contract Documents. (c) minor deviations from the Contract Documents correctable prior to completion, and Rev~ston 1990 211- '~ h~_h ma'),' r,ender the Chcnt per~,onalJy habit: £or thc Contractor · dufault Th,e Ar(. hitu~.t ', hall ITc thc inlurpretur ol the ruqutr,cmenls of the Contract 2. I. 19 Documents and ~,hal] make finding', w, to the performance thereunder by both thc Chant and Contractor Thc Ar,. hitecl shah render mterpreta- request of e~ther the Client or the Contra,.tor. and ',hah r,endur wntten findings within a rea:.,onab]e time. (>n ali claret,,, d~',putes and other Interpretations and findmg',(;fthc'Ardmt.-ct ·hal]Ix. con~,~slent w~thtl',e 2 ] 20 ',hall be ~n ',).'ntten or graph~. Iorm The .-\r,.'h~tuct shall not '-.h(l',~. partiality to either thc Client or th(.: Contractor and shall not be ]iai'de lbr the r,csu[t of any ~nt~rpr~tatlon or hndmg rend~'r,._'d in good faith m ~,uch capacity. Thc Ar,..'hitect shall ha','u thc aulhonty to rel,.'ct v, ork which does not 2.1 21 opinion, it is necessary or advisable for the tmplementation of the intent special inspecuon or te>,lmg of thc Work by others, whet hut or not such work ha:, been fabricated, instal]cd or completed. The Architect shall review or take olher appropriate action with 2 1.22 reas, onah[e promptness upon thc' Contractor's submittals such a'-. -.hop drar..'ings, pnxJuct data. a nd sa rap[us, for conformance with thc g~'n~'ral design concept of thc ",Xbrk as indicated in thc Contract Documents. The ?..rchiruct's re;'ie','..' of a specdic item shall not md~cate accuptance of an a>,.,emb]y of which thc item ~,, a component The Architect shall prepare changu orders tk}r thc Client ~, approval and 2 1.25 authority to order minor adjustments in the Work not involving an Thc Arch~tec't shall determine thc date of SubsL. mha[ Performance and 2 1.2~ ',,hall recmve from the Contractor and forward to the Client lot the .,M-ch~tect shall determine th~: date ';,.'h,,.'n thc Contract -,hall bc dca:mud to be completed. Thc extent ol'the dm:cs, rc-.pon·ibfl~t:e:, ,md ]iinitat:ons of authorl~.' of 2 1.25 Prior to the end of the period of one ',.'ear fol]o'c,.mg thc date of 2.1 26 deficlunctes which have been reported or oh',crx'ed dunng that penod. Rez.ls;o~l 1990 2 126 Artlt'l,' 2.2 2 2.1 The Archflect qlat] evaluate the Cli.ent ~ Const~ct~on Budget ~nd ~h~l] (M~i and Agreement. Neither the Archtlt-cl nor the Chent ha~ control ,wet the Budget c,tabh~hcd under th~ Agreement ~hall not constitute ground~ for the CLient w~thho]dmg fees du~ lo the Archaist. 2.2 2 If the b~dding or negotiation phase has not commenced w~thm three monlh~ after the Architect subm~us the con~tmcnon d~uments to the Client. the Con,traction Budget shall I~ adjusted to retlL~l any change in the general level of pnce~ ~n the con~tmcuon mdust~' het~'een the date o1' submission of the constmcnon documenm to the Client and the date on which proposals are sought 2 2.3 If the lo~xest bona hde bid or Io~esl negol~aled proposal exceeds Ihe 2.1. I I b5 more than 15%. the Client shall: d)) co-operate m rcvt>mg the ~cope or quahw of the Work as necessa~ (c) authortze reh~ddmg or renegouatmg of the contract, or ~d) terminale ~f the project ~s abandoned, m accordance with para- graph 3 5 3. 2.2.4 If the lowest ~na fide bid or lowest negonated proposal exceeds the latest approved e>nmate of Construction Cost prepared as set out in paragraph 2.1.11 by more than 15%. unle% there has b~n an increase m the Construction Budget or the prolect has ~en abandoned or re,mated in accordance with paragraph 3.5.3. the Mch~tect shall m~ig' at no addi6onal t~e. the drawings and specff~cauons, or provide 15% of the lalest approved csnmale unles~ the exces~ ~s due to extraor- dinaw markel condiuons. The providing of >uch ~e~qces shall be limit of the Architects responslbdity, and having done so. the ArchJtect 5hall be enntled to compensanon for all other se~'~ces pcfl'onned, m is commenced. .~icle 2.3 2 3 1 The Client shall provide full informauon regarding requirements for the Client's prolect including a program. ~h~ch shall set forth the Cliem's design ResponsJbdaies objectives, constraints, and criteria, including spaual and funcuonal requirements and relationships, flex~bdity and expandabfllty. ,pec~M 2.3.2 The Clienl shall provide Io the Architect a Con~lmclion The Chent shall furm~h mformat~on. '-.urveys. reports and services as 2.3 3 ,et out below, the accuracy and completeness of wNch the ArcNtect ~,hall be enutled to rely upon and contracts for the provision of such mformauon. ~,urveys, repons and ser,.'~ces, whether arrangecl by Chenl (>r the Architect, shall be tonmdcred direct contracts w~th Chent unless exphc~tlv pro',,'~ded otherwise: iai a legal descnpuon and a certil'~ed land survey of Ihe site and adjoining propemes as necessary showing the following reforma- tion. as apphcable: grades and lines of streets, alleys, pavements and ad oinmg property and slmctures, adjacent drainage rights of way; restrictions; easements: encroachments; zoning, deed restric- tions; boundaries and contours of the site. locations, dimensions and data pertaining to exmtmg buddings. ()lher improvements, and trees: and full mformauon concermng sem'lc'e and utdJty hnes. both public and private, above and below grade, including reverts and depths: Ibl subsurface investigation and reports which may include but are not limited to test borings, Iest p~ts. deterrmnat~on of sod bearing values, percolation tests, evaluat~om, of hazardous materials. ground corrosion and res~stwity tests, including necessa.T opera- ttons for anucipatmg subsoil conditions, v,,tth reports and ap- propriate prolbss~onal recommendations, (el reports and appropriate professiona[ recommendations of specialist consultants when reqmred by the ,.M'ch~tect. (d) air and water pollution tests for hazardous materials. -.tructural. mechanical, chemical, and other laboratory and environmental tests, inspections, laboratory and field tests and reports as required by the Architect. the Archilect's Consultants, Ihe authorities having jurisdiction or the Contracl Documents, and Ce) all legal, accounung and ~nsurance counselling services as may be necessary at any ume for the prolect, including such auditing services as the Client may require to verify the Contractors applica- nons for paymenl or to ascertain how or for what purpose the Contractor uses the momes prod by or on behalf of the Client The Client shall furmsh required mformauon, surveys, reports and 2.3.4 serv~cc.s as set out in paragraph 2.3.3 and such other mlbrmauon as may be required from hme to ume. examine dt~:uments submitxed by the Architect and gc,,'e the Architect decisions and approvals as neces- sam,' The Chent shall obtain all required consents, approvals, hcences and 2.3.5 permits from authorities having lunsdiction. If the Client obse~'es or otherwise becomes aware of any fault or defect 2.3.6 ~n the project or any nonconform~W w~th the requirements of the Contract. he shall ~mmediately not~' the Architect m v,.ntmg The Client shall promptly full,Il his ruspons~hilines for lhe orderly 2.3 7 progress of the Archilect's scr,.'~ces and of the The Client shall authorize a person to act on his behalf *. ~lh respect to 2.3.8 the prolect ';,,'hen necessary. The authorization including lhe scope of authority shall be tn wnlmg The services described m Article 2.4 are not included in basic se~'lces 2.4.1 Amcle 2 4 Architect's unless so identified in Article 5. Additional services shall be provided Additional only if authorized by the Chent and they '~hall be paid for by the Client Ser'v~ces as provided ~n this Agreement tn add,non to the compensation for basic selwices 2.-t.2 Providing ana]?",es of Ihe Chent'~ need~, and de~,dopmR a program ~patJal and functional requirements fl)r the proiect 2 4 ~ Pn)v~dmg financial t~a~lhilJly. Proluct Budge~ or oilier ~pec,al 2 4.5 Provldmg hubm,hs~ons ruqu,red for approval hy authoril,es having lUn~flc~ton over the project including submission for zomng change~. vanance~/?om by-J~ws or hl[~ plan approvals n~cessaw for 2.4.6 Providing sewices relahng lo future facd~ties, systems and ~qutpm~nl phase. preparing measured draw~ng~ or veri~'Jng lhe accuracy of dmwtnRs or other inlk)rmalton furmshed hy the Client. 2 4 9 Providing mlenor dus~gn, graphic design, signage and other ~mdar or installation of furmlure, furmshmgs and related equipment. 2.4.10 Provtding tenant layout and design sen'ices. 2.4.11 Making revmions to or providing additional drawings, specifications or other documenLs which such revisions or additions are: given. c~es or by-laws. c~es and by-lug's m ~uch ~ way as the Architect cannot reu~)nahiv 2 4.12 Prepunn~ modcl~ or archtlectural renderings ~pecificully ~toned by the Client 2.4.1~ Preparing documents of allernanve, separate or sequenual bid~ or phase. 2 4.14 Preparing drawings, s~c~ficulions and sup~fling data and pro~ id~ng ~urate with the ~eg'~(e~ required of the Architect. pro~ ~ded such ch;mAe 2.4.15 Providing co-ordm~tion of work perl'ormed by ~para~e contractors or by the Client's own forces or mzkmg investigations. ~u~'eys. valua- tions, or detailed appraisals of ex,sting facilities. Providing servtces made nece',:-.ary by the default of the Contractor. or 2.-L l- by malor defects or deficiencies tn the Work of the Contractor. or by /~dure of penbrmance by either thc' Client or Contractor under the the s~te is required, the Architect shall provide one or more prolect sibilities. (bi Such prolect representatives shall be selected, employed, and directed by the Architect. Prepanng a set of reproducible record drawings showing s~gmficam 2.4 19 changes in the Work made during construction based on marked-up pnnts, drawings, and other data furnished by the Contractor to the Mch~tect. The Architect ~hall nf~t be held responsible for the accuracy Providing services after exper3' of the pem, x:l of one year following the 2.4.20 - preparation of operation and maintenance manuals training personnel : Providing consultation concerning replacement of any work damaged 2.4.22 : by fire or other cause during construction and furnishing services as ~ Advising the Client and preparing to serve or serving as wimess m 2.4.23 ~ connection wtth any public hearing, arbitration proceeding, or legal .~ proceeding. ~ Providing or arranging for servtces of consultants for other than the 2 4.2q ~ ba.s~c architectural, structural, mechamcal and electhcal engineering = Providing translation to a language other than the language of this 2.4.25 ~- Agreement. '~ Providing or arranging for any services not otherwise ~ncluded ~n th~s 2.4.26 .= Agreement. .,~ 3 General Conditions Arltcle 3.1 3.1.1 PJan~,. ~,ketches. dra'~.'mgs, graphic rc. pr,.:sentat~on.~ and ',pc~.'d~,.'at:on,, Copyright and ay mstrunlents of scrvlc'c are and ~,hall remain the properly .l tit,.' I)ocument~, not The Client ~,hall I've pernlmed to retain cop~e~, including reproducd'~ie copies, of plans, sketch..'s, dra'~.'mg~,, graphic repre- reference purposes, the plans. ',ketches. drawings, graphic rcpre- sentauons and spectficat~ons shall not be used for additions or altera- to the use of the plans, sketches, drawings, graphic represenmuons and speofication~, tbr the prolect, all fees and reimbursable expenses ~)1' the AJ-chitect arc reqmred to he pard m full. When models or architectural renderings are specsfically commis- sioned by the Chent. tile Client shall Ix, entitled to keep the ongmal model or architectural rendenng 3.1.2 Submissions or dtstnbut~on of the Architect's plans, sketches, drawings, graphic rcpre'-,entatlons and :.,pec~fications to meet official regulator' reqmrc, mcnts or for other purposes in connection with the proiect is not ti) be con~tcued as publication tn derogation of the Architect's nghts. Article 3.2 3.2.1 The Archttect shall be entitled at his t:xpense to sign the building by Authorship mscriptton or oiherw~se on a stntable and reasonably ','is~ble par~ of the permanent fabric of the hudding. 3.2.2 The Architect shall be entitled to include as part of the Contract Documents a provision whereby a s~gn identifying the Architect may AJ'tlcle 3.3 3.3.1 .MI matters tn dispule under thru Agreement may, ',xqth the concurrence the laws ol the Place of Ibc Work 3.3.2 The parUea to the Agreement may ~omtly apFx)int a ,',ingle arbttrator, or if they fail to agree on such arhtlrator. ,hall each appoint one nommt:e [o a board of arbitrauon These nominees ,hall together agree upon a third person to act as chairman: the three persons ~.o selected shall 3.3 3 The award of the arbitrator or board of arbitration shall be final and binding upon the parties. Article 3.-t 3.4.1 If the prolect ix ~u:-.pended or abandoned m whole or in part f~r more Prolect than a total of 60 days whether consecutive or not, tile Mchttect ~,hall Abandonment for all 5cr,.'~ce5 performed together ,.x ~th reimbursable expen,,cs then due and all tem~mauon cxpem,es as defined tn paragraph 3.'5 '5 Ir'the project t~, resumed after being ~,uspended or abandoned in whole or m part for more than a total of 60 days whether con~,ecuuve or not, the ~d'chJ[ecl'5 fee shall be eqtutably adlusted. I'nles~, otherwise ~,tated in th~s Agreement. lhe Architect s services 3.5 1 .Arucle 3 5 terminate one year after cert~ficanon of Substanual Performance. For Term~natmn the services required following expiry of the period of one year after cemficatlort of Substantial Performance. the Chent shall arrange w~th the Architect toe services as provided under paragraph 2 4.20 This Agreement may be lerminated by e~ther party upon seven days 3 5 2 wrinen notice should the other parp,' fail substam~ally to perform m accordance with its terms through no fault of the parry mittating the This Agreement may be terminated by the Client upon at least seven 3.5.3 days' wntten notice to the Architect in the event that the prolect is permanently abandoned. In the event of termination, the Architect shall be compensated w~thin 3.5.4. 30 days of the date that a n invoice ~s rendered for all serv:ces performed to termination date. together with rmmbursable expenses then due and all termmauon expenses as defined m paragraph 3 5.5. Termination expenses include expenses directly attributable to suspen- 3 5.5 ',ion. abandonment or termma.on for wNch the Architect ~s not other- wise compensated, and in addinon, an amourtt computed as a percentage of the total fee for basic and additional services earned to the time of termination, as follows ~a) twenty percent if suspension or termination occurs during the schematic design phase, or (b) ten percent ff suspension or term,nauon occurs during the design development phase: or (c) five percent if suspension or termination occurs during any sub- sequent phase Unless otherwise specified, this Agreement shall be governed by the 3.6.1 Article 3.6 law of the Place of the Work. Law Govermng This Agreement The Chent and the Architect. respecuvely brad themselves, their 3.7.1 Pa'ticle 3.7 partners, successors assigns and legal representatives to the other party Successors and to this Agreement and to the panners, successors, assigns and legal Assigns representatives of such other party' with respect to all covenants of this Agreement. Except as otherwise provided here,n, neither the Client nor the Architect shall assign, sublet, or transfer an ~nterest in th~s Agree- ment without the written consent of the other. This Agreement represents the entire and integrated Agreement be- 3.8.1 Article 3.8 tween the Client and the Architect and supersedes all prior negotia- Exxent of uons. representations, or Agreements, e~ther written or oral. This Agreement Agreement may be amended only by wrinen instrument ssgned by both Client and Architect. In cons~derauon of the premmes and of provision of the services by the 3 9 1 Amcle 3.9 Architect to the Client under this Agreement. the Client agrees that any Liabihty of the and all claims which he has or hereafter may have against the Architect Architect in any way arising out of or related to the Architect's duties and responsthihties pursuant to this Agreement (hereinafter referred to in th~s Amcle 3 9 as "claims" or "claim"). whether such claims sound in contract or m tort. shall be limited to the amount of $250.000.00 each claim and $500,000.00 for all clauns during each period of coverage as provided by the Architect's professional liability insurance or indemnity against errors and omissions m effect at the date of execution of this Agreement. including the deductible portion thereof, and to the extent only that such insurance or mdemmty ~s avadable to the Architect to satisfy such claims. The "Architect" tn this paragraph includes officers. directors, architects, his employees, representatives and consultants Rez,is:on 1900 3 9 1 &ist sentc*~ce added 3 9 2. The Architect ~, I~J~ct,' for professional habd~ty insurance or mdemmty l~)r errors and omts~'qons is avadabie (or ms~ct~on by the CJiem at all t~meb upon request. Pnor to Ihe date of execution of this Agreement. d the Client wJhhes to mcrea~e the amount of [he coveraRe of such poi,cy or Io oJ)~am olhcr ~cml insurance cuveraRe. Ihen the ~ch~lect shall co-operale with Ihe Client to ob~m such incr~a~d or ~cJal in~u rance cove~e ;t the Clien~ s expense. 39.3 I( is agreed that: ~a) the Clienl w~ll not asseff a claim against the Mchitect unless the Client ha, as~ned such a claim within any required time limilauon against all ~ns who might r~sonab[y ~ liable therefore and ~ b) any waiver by the Client w~th respect to a claim in favour of any of such persons shall constitute a wawer hy the Client in favour of the Mchaect wi~ res~ct to any cla~ against the Mchilect. In this paragraph. 'waiver by the Client" includes any A~eement by the Client to a hm~tation, exclusion or relea~ whether in whole or ~ pa~ of the habdiB' of another to the Client but d~s not include a fmr Agreement of ~¢tlement. 39.4 It is agreed that the Architect shall not ~ liable for ~mages, m~erest. costs or any other ex~n~s arising out of the failure of any manufac- tured product or any manufactured or facto~ as~mbled system of components to perform m accordance with the manufacturer's specifications, advemsmg, pr~uct {iterature or wn~en d~umentat~on on which the Archite~ relied in the preparation of the design, const~c- lion or supplemental' d~uments 39.5 [t is agreed that Ihe Architect sha[I not ~ liable for any cla~, action or su~t arising out of or m connection with the inappropriate u~ of the prolect by the Client, the owner, any tenant or their res~ct~ve agenm, employees or consultants or with respect to any work ~ffo~ed by them which is not pan of the Work as defined by this Agreement. 3.9.6 ~e Archaect's liability for all claims of the Client shall absolutely c~se to exist after a ~n~ of six (6) years from the ~te of: (a) Substantial Performance of the Work. (b) sus~n~on or abandonment of the project. (c) termination of the ~ch~tect's sewices m this Agreement. or (d) commencement of the hnntation pen~ for claims prescn~d by any smlute of ~e province or lem~oo' of Ibe Place of the Work whichever shall fi~t ~cur, and following the expiration of such penod. the Client shall have no claim whals~ver against the Architect. The Mchitect's liabih~' w~th resp~t to any claims a~sing out of this Agree- ment shall be ab~[utely limited to d~rect damages a~sing out of the ~chitect's se~'<es rendered under Ibis Agreement. and ~e Architect shall bear no liabdity whatsoever for any con~quential loss. mju~' or damage incurred by the Cliem. including, but not limited Io. claims for Io~ of profits and loss of markets. 39 7 Unless othe~'tse provided m this Agreement. the Architect and the Mchltect's consultants shall have no responsibility for the di~ove~. presence, handling, removal or diaposal of or exposure of per~ons to hazardous matenals tn any form at the Prolecl site. including but no~ hm~ted to a,~stos, as~stos producls, polychlorinated bipheny[ (PCB ~ or any other toxic ~ubsta~Ce5. Red,sion 1990 3 9 qund ~leu'.q 0 ~ Fees and Reimbursable Expenses 4 flier(' insert bas~s (J' fi'es. I~lc'lzldm.t,. fi. red a)~lc)zolt.% mn~tip~es. ~r Services ,q)/)(l'. tj'uece.tsan' ~ See attached Appendix "g" fees for Claremont Community Centre. :,*_]wm.mc l)e~qgn Ph~',e p~_.rcent ( 12. l)e~,]gn De',.'elopmenl Pha-.e percent ( 12. Con~4ru¢'tion Documents Phase percent ( ..$0 ";') 13iddmg or Negot:ahon Phase percent I $ Tola] one hundred percent i 100 %) percenlage of the fee for the pha:,e~, ~)1 ser,.'~ce~ ~,tated above shall be calculated on the follov, Budget .It the commencem~_'nl of the pha,e or pre','lously appro,, ed dl),. umenls prepared by the Architect tn any apphcahlc phases. designed but then ~.leleted (',r olherv, t,c not huiit, the fee sit:d] l-,e :n Fees lot .~ 6 Fees for the Archaect's addiuonal ~.,r,,~ces. excluding those provided Add~tl~ mai hy the Mchaect's consultants. ,hall he computed as fi>flows 5¢~'~cc.s there, mseff basis c~' fi, es. 111chtdlllR rates an~or multiples (fi'direct ~,~onnel ea~,~es for ~fice~. director, pa~ne~', pnnc~ls and em~Rl't~'a~ and l&,nt~i' t~fice~, dlrec'mm, pan,leto, pnnct~]5, and c~V emplpsves. ~'requlred ldent~v 3~,c~c senates to U'hlCh ~r- ticu~r fiw calculations apply, ff necessaO' ~ Principal $136.00 Associate/Project Manager $100.00 Senior Designer $ 92.00 Job Captain $ 84,00 Technologist $ 68.00 Junior Technologist $ 52,00 Clerical $ 48,00 4.7 Fees for additional ~'rv~ces provsded by the Architect's consultants shall be as invoiced by the consultant according to the hourly fee rotes or multiples of direct personnel expense set out below plus 0 % of the consultant's invoiced amounts. (Identify specific O'pes of col~sultants lU Article 5, if required ) Direct Personnel 4.8 Direct personnel expense means the salary of the Architect's or the Expense consultant's personnel engaged on the project plus the Architect's or the consultant's portions of the cost of mandatory, and customary contributions and benefils related therelo which include employment rexes and other statutory benef:t~. ~nsurance. sick leave, holidays. vacations, pensions and sumlar contrlbuuons and benefits. Reimbursable '~.9 Reimbursable expenses are ~he actual expenditures of the Architect. Expenses employees, and the consultants in the interest of the project plus 0~% of such actual expenditures. They include expenditures for the follow- lng: ~a) travel, e g.. for trans~r~ation, lodging and meals, with car expense computed at _per kilometer: (b) communication and shipping, e g.. for long distance telephone calls, telegrams, telex, couner service, postage and eJectromc conveyances: to) reproduction tff plans..~ketche,, dra~.'mgs, graphic repre- sentatu)ns. ,pecfficauons and other documents, i rK'ludmg reproductions for the Architect's and lhe consultant's off~ce use: (d) preparation of rendenngs, models, and mock-ups requested by the Client: (el fees. levies, duties or taxes/bt pc'traits, hcences or approvals from authorities having junsdicuon. ti3 data processing and phntograph~c .-.en'~ces relative to addaional :,ervices of the Archttect: ~g) overttme work authorized in advance by lhe Client to the exlenl that the cost of such work exceeds normal direct personnel ex- pense~: (h) insurance requested by d~e Chent m excess of d~at normally carried hy the Architect and the con',ultanLs. [ 'npu~d accounts ~haJl bear interest at 2% per annum above the Bunk -~. lO Interest R~te ?) day:., ufter the date that the invoice for Ices. re~mbur'~ahle expc, nses. und applicable tuxes hah b~'en rendered by the Architect .4rcbltect L~ prmclpal places (,fbuslness. Ibc Io¢'a;~on of tbe prolcc~ and elsett'bere m~y ~j~ect ~bot~kl I~ obtalnecl tt'tth res~ct to deletton, m~l~tcatlo~t, or other No deductions shall be made from amounts payable to the Architect 4.11 Deducnons on account of pertain', hqmdated damages, or other sums wtthheid from paymenm to Contractors. or on account of the cost of changes in the %'ork other than those for which the Architect ~s proven to be legally responsible. If the ~cope of the prolect or of the Architect's se~'tces t~ changed 4 12 Changes and matermlly the fees ~hall be equitably adlusted. Adjustmen~ [f and to the e~ent that the c~)ntract hme mmally estabhshed m the 4 13 Contrac~ for constmcuon ts exceeded or extended through no fault of the ,~chitect, fees for any basic ~c~'~ces reqmred for such extended period of the contract admm~mmon shall be computed as set fo~h in paragraphs 4.6 and 4.7 ]1' the Architect's se~'ices for the sthemauc design phase, the design 4 14 development phase, and the const~cuon d~uments phase have not ~en completed within ~ months after the date of th~s Agreement, or for the remammg phases within twelve months after the date of this AgreemenL through no fault of the ~ch~tect. the amounts, rates, and multmples set fo~h in thms Amcle applicable to the respective phases of sc~'~ce shall be huble(t to review and eqmtable adiu~tment. Hourly rates of fees in paragraphs 4.6 and 4 adiustment annually there, mse~ effecm$ dates or ttme~nods for~nodtc adjttstments boHr(v rgtt~s or ~ltdtlples. alotl~ included in this Agreement are requmred by federal or provmclal legis- )atmon Jt'ter the Agreement ~s executed, the amount under th~s Agree- meat shall be adjusted to include such lcvmes. Fees and reimburhable cxpcn~'s may bc sublect ~o the Federal Goods and Sc~'iccs Tax. The Client sha[l pay lo Ihe Architect. together w~th and in addmtion to any fees and rmmbursable expenses that ~come payable, any G~ and Se~'~ces Taxes that become payable in relation to ~he fees and reimbursable expenses as required by legislation. The Architect shall mammmn, hy generally accepted accounting ~.17 .tccountmg to the Architect's additional sem'~ces and se~'mces for wh)ch the fee ~s computed as a multiple of direct personnel expense. These records ,hall be available to the Chum at mutually com'ement time~. R¢~,ls)o*t 1090 5 Other Conditions of Services 5.1 Goods and Services Tax (G.S.T,) will be added to all fees and reimbursable expenses as required by ;aw. 5.2 The ~rchitects reserve the right to suspend further services withln 30 days of providing written notice of a delinquent account and notice to suspend work, until the fee paj4nent has been resolved. Client Wayne Arthurs, Mayor Bruce Taylor, Town Clerk Gen] ld o°S- -'D~a 1' Ann Parrott MOFFAT KINOSHITA ASSOCIATES APPENDIX"A" }~., ~ )ii~, 11 FEES Our FEES for CLAREMONT COMMUNITY CENTRE shall be computed as follows: a) for Predesign Services such as programme definition (user needs), feasibility studies, site studies, site plan agreement drawings and process etc. would be billed on an hourly rate. (See Article 4.6) b) for Schematic Design and Design Development Phases of the work including structural, mechanical, electrical engineering consultancy: 2.3% of the approved Estimated Construction Budget. c) for Construction Documentation and Specification Phases of the work including structural, mechanical, electrical engineering work: 4.5% of the approved Estimated Construction Cost. d) for Field Review and Contract Administration Services during Construction including field review and administration services by structural, mechanical and electrical engineering consultant~: 2.4% of the actual Construction Cost.