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HomeMy WebLinkAboutBy-law 4273/93 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4273/93 Being a by-law to authorize the execution of a Consulting Agreement between The Colborne Architectural Group Inc. and The Corporation of the Town of Pickering respecting the preparation of the Town Centre West Design and Land Use Study. WHEREAS, pursuant to the provisions of section 17 of the Planning Act, R.S.O. 1990, chapter P. 13, the Council of The Corporation of the Town of Pi.ckering may provide for the preparation of a plan or plans, and amendments thereto, suitable for adoption as the official plan of the municipality; and WHEREAS, on March 22, 1993 the Council made Resolution 59/93, providing for the retaining of The Colborne Architectural Group Inc. to undetnake the Town Centre West Design and Land Use Study; 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 Consulting Agreement, in the form attached hereto as Schedule A, between The Colbome Architectural Group Inc. and The Corporation of the Town of Picketing respecting the preparation of the Town Centre West Design and Land Use Study. BY-LAW read a first, second and third time and finally passed this 28th day of June, 1993. Wayne ArthUra~Vla~ TOWN OF PICKCRtNi AP?ROVe,9 ~S TO FORM LEGAL DEPT THIS AGREEMENT made in quadruplicate as of the llth day of June, 1993. BETWEEN: THE CORPORATION OF THE TOWN OF PICKERING hereinafter called the "Client" OF THE FIRST PART = and -- THE COLBORNE ARCHITECTURAL GROUP INC. hereinafter called the "Consultant" OF THE SECOND PART WHEREAS by virtue of a Council Resolution dated 22 March 1993 Resolution No. 59/93 the Client has retained the Consultant to furnish professional planning and consultation services in connection with the Pickering Town Centre West Study as set forth in the proposal entitled: Pickering Town Centre West Study hereinafter referred to as Schedule "A" attached to and forming a part of this agreement. NOW THEREFORE THIS AGREEMENT WITNESSETH that for the consideration and upon the terms and conditions hereinafter set forth the parties mutually covenant and agree as follows: 1. SCOPE OF SERVICES The Consultant agrees to furnish and perform professional services with respect to the Pickering Town Centre West Study in conformance with the methodology and detailed work description set forth in the proposal and contained in Schedule "A" attached. The Consultant agrees to supply, at its expense, all staff, equipment and technical advice necessary to perform the services to be furnished under this agreement. 2. THE CLIENT'S RESPONSIBILITY The Client will make available any information and materials relevant to the work which are in its possession for use by the Consultant, and will make available at reasonable time, staff members for the purpose of any necessary consultation. The Consultant shall not be responsible for costs or damages arising from errors or omissions in any of the information which is supplied by the Client or its agents. 3. THE CONSULTANT'S RESPONSIBILITIES - INDEMNITY The Consultant hereby agrees that it will, from time to time and at all time hereafter, well and truly save, keep harmless and fully indemnify the Client, its successors and assigns, from and against all action, claims and demands whatsoever which may be brought against or made upon the Client, and against all loss, liability, judgments, costs, demands or expenses which the Client may sustain, suffer or be put to resulting from or arising out of the work done by it, or by reason of, or an account of, or resulting from, or arising out of the failure to exercise reasonable care, skill or diligence in the performance or rendering of any work or service required hereunder to be performed or rendered by the Consultant, its agents, servants, employees or subconsultants, or any of them. 4. SUBCONSULTANTS The Consultant will be solely responsible for the payment of any subconsultants employed, engaged or retained by it for the purpose of assisting it in the discharge of its obligations under this Agreement. The Consultant shall coordinate the services of all subconsultants so employed, engaged or retained by it. 5. BASIS OF COMPENSATION The Client shall pay to the Consultant in full payment and compensation for its Services including disbursements properly incurrred by it in carrying out its Services including disbursements properly incurred by it in carrying out its Services, and amount not to exceed FORTY THOUSAND DOLLARS ($40,000.00). No payment in excess of the said sum will be made without the authorization of the Client. 6. PAYMENTS AND ACCOUNTS The Consultant may submit billings to the Client at the completion of each stage identified in Schedule "A" and such billings shall be paid by the Client within thirty (30) days. 2 Interest charges of two (2) percentage points above prime will be charged on all overdue accounts. If requested, the Consultant will make available to the Client such accounts, records, receipts, vouchers and documents for the purpose of substantiating its billings. 7. ADDITIONAL SERVICES The Client shall pay to the Consultant an additional amount for any additional services on written authorization to perform supplementary work. Fees for authorized additional services will be billed at the then prevailing hourly rates or as negotiated by the Consultant and the Client and confirmed in writing by the Consultant. The rate of payment for any such additional services is to be as authorized in writing by the Client. Work on additional services will not proceed without the aforementioned written authorization. 8. TIME SCHEDULE The Consultant shall carry out the work with the utmost dispatch and, subject to delays beyond its control, shall complete the work in accordance with Schedule "A" adjusted to the starting date. Should the schedule be extended through no fault of the Consultant, beyond the completion date identified for each stage, the compensation set forth in Paragraph 6 shall be subject to adjustment. 9. DISMISSAL It is agreed between the parties hereto that the Consultant may, on fourteen (14) days' prior written notice, be dismissed by the Client at any time with or without cause. Upon receipt of such notice the Consultant shall perform no further services other than those reasonably necessary to close out its service. The Consultant will be paid for all work done to the date of dismissal. 10. TERMINATION It is agreed between the parties hereto that the Consultant shall have the right to terminate this Agreement on fourteen (14) days' prior written notice should the Client fail substantially to perform in accordance with the terms of this Agreement through no fault of the Consultant. The Consultant will be paid for all work done to the date of such termination. 11. RIGHT OF USE Upon dismissal of the Consultant pursuant to paragraph 9, or upon early termination of this Agreement pursuant to paragraph l0 and settlement of all accounts, and upon completion of the Consultant's obligations under this Agreement, all information, negatives from original photocopy, data, material, sketches, blueprints, computer disks, plans, notes, documents, memoranda, specifications or other paperwriting gathered, assembled or prepared by the Consultant, its employees, servants, sub-consultants or agents, for the purpose of such Agreement shall be reimbursable and thereupon become the sole property of the Client. The Consultant, its employees, servants, sub- consultants and agents shall forthwith deliver to the Client any or all of the aforesaid subject matter that the Client, in its sole discretion may request in writing, provided however: (a) The Consultant may retain the originals of such subject matter provided that reproducible copies as required in writing are delivered to the Client. 12. CONFIDENTIAL DATA The Consultant shall not divulge any confidential information communicated or acquired by it in the course of carrying out its consulting services. 13. OFFICIAL NOTIFICATION (1) Any notice herein required or permitted to be given under this Agreement shall be delivered or sent by prepaid registered mail to: THE CORPORATION OF THE TOWN OF PICKERING Planning Department Pickering Civic Centre One The Esplanade Pickering, Ontario LlV 6K7 Attention: Neil Carroll Director of Planning THE COLBORNE ARCHITECTURAL GROUP INC. 429 Queen Street East Toronto, Ontario M5A 1T5 Attention: Paul J. Nevins, Partner (2) Any notice given in accordance with subparagraph (1) hereof, shall be deemed to have been given on the day of delivery. (3) Either party hereto may at any time give notice under this paragraph to the other of a change of address and thereafter such changed address shall be substituted for the previous address set out in subparagraph (1) hereof. 14. INTERPRETATION Words importing the masculine gender shall include the feminine and neuter, and the singular shall include the plural where the meaning or context so requires. 15. COMPLETE AGREEMENT (1) This Agreement constitutes the complete and exclusive statement of the agreement between the parties, which supersedes all proposals, oral or written, and all other communications between the parties, relating to the subject matter of this Agreement. (2) If one or more of the phrases, sentences, clauses or paragraphs contained in this Agreement shall be declared invalid by the final and unappealable order, decree or judgment of any court of competent jurisdiction, this Agreement shall be construed as if such phrase(s), sentence(s), clause(s) or paragraph(s), had not been inserted. (3) This Agreement may be changed only by a written amendment signed and sealed by authorized representatives of both parties, or by a court order pursuant to subparagraph (2) hereof. 16. SUCCESSORS AND ASSIGNS This Agreement shall jointly and severally enure to the benefit of and be binding upon the Consultant hereto, its heirs, executors, administrators, successors and assigns. Provided however that the Consultant shall not assign this Agreement or any interest herein without the prior written consent of the Client. This Agreement shall be binding upon and enure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement shall enure to the benefit of and be binding upon the Client, its successors and assigns. 5 IN WITNESS WHEREOF the Client has hereunto affixed its corporate seal attested to by the hands of its respective proper signing officers in that behalf duly authorized, and the Consultant has herewith set its hand and seal. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN OF PICKERING in the presence of: Wayne Arthurs, Mayor Bruce Taylor, Clerk THE COLBORNE ARCHITECTURAL GROUP INC. Paul J. Nevins, Partner 6 SCHEDULE "A" THE ' PelerA. Ber~on ~ ~c..o,~ ARC H ITECT U RAL s,~ph., c. Qui~ley ,..,, ~..o. ~*~ GROUP Dick M. S~i-Ch~, ,~H .O~ ~. ~,~ ~ ~e ~993 Town of Pickering Planning Department One The Esplanade Pickering, Ontario LlV 6K7 Attention: Mr. Tom Melymuk Deputy Director Dear Mr. Melymuk: Re: Pickering Town Centre West Study Our Project No. 9317 We are pleased to submit our proposal revised in accordance with our meetings with you on Friday 07 May and Wednesday 02 June 1993. We have engaged the firm of Sabourin Kimble & Associates Ltd. (Consulting Engineers) to provide us with the input and review capability required to analyze sanitary, storm water and piped water constraints to this block. Also, we have engaged the firm BA Consulting Group Ltd. to provide expert analysis of all the traffic and road design issues. The inclusion of these two groups to our consulting team will be a great benefit in dealing with Regional and Provincial authorities. We acknowledge receipt of your letter of authorization dated 02 June 1993 addressed to Victor Lind, Urban Land Consultant. /2 429 QUEEN STREET EAST, TORONTO, CANADA MSA 1T5 · PHONE (416) 862-0926 · FAX (416) 862-2047 Mr. Tom Melymuk Town of Pickering Page Two We enclose two copies of our proposed agreement for your signature along with our revised proposal. In the meantime, we will proceed on the basis of the attached agreement with the knowledge that Council has authorized funds for this purpose. Yours very truly THE COLBORNE ARCHITECTURAL GROUP INC. in association with VICTOR N. LIND, Urban Land Consultant Paul J. Nevins, Partner PJN/VL:sH 9317Pick.ltr Attachments PICKERING TOWN CENTRE WEST STUDY INTRODUCTION This proposal replaces an earlier one dated 23 February 1993. An urban design and land use study is being proposed for the block of land between Kingston Road (Hwy. #2) and Hwy. #401 on the north and south and between the C.N.R. overpass (Dixie Road) in the west and Liverpool Road to the east. This block consists of predominantly commercialized development which was originally conceived as industrial in land use with ancillary highway-commercial uses. Over the past 2 decades, the highest and best use for this land has shifted from industrial to mixed uses of varying degrees. However, the underlying Official Plan designation remains industrial. This undermines the efforts of those Landowners who are seeking rezoning to take advantage of the shift in markets and who wish to capitalize on the unique exposure to both major Provincial Highways bordering the north and south sides of this block. As an adjunct to the Official Plan Review process underway in Pickering, it is proposed that a set of development guidelines be prepared to control re-development over the next 25 year time-frame, and that proposed land uses be updated and integrated throughout the entire block, rather than on a property-by-property basis. The Landowners west of Pine Creek have been asked to contribute financially to this process in order that a consensus plan may be presented to Council in early Fall 1993. In this way, it is hoped that many of the contentious issues surrounding land use options can be resolved through this Urban Design and Land Use Study before the more formal process involving an Official Plan Amendment and Rezoning. As part of the process, residents of the surrounding neighbourhoods will be invited to be involved in the consultation process with the Landowners. THE STUDY TEAM The study will be conducted by the following team members: o Project Coordinator, Victor N. Lind, M.C.I.P., U}ban Land Consultant As Manager of this study, Victor will coordinate the work of the consultants, and be the principal contract with the Town staff and Landowners. In addition, he will provide input to the land use planning/urban design options and rationalize the phasing of the future development scenarios. He will be available for all meetings. o Urban Designer, Paul J. Nevins, B.A., B.Arch., OAA, MRAIC of The Colborne Architectural Group Inc. As Principal Architect, Paul will direct the urban design component of the study and will work closely with Town staff in reviewing designs at each stage, leading up to the final document. He will be available for all meetings. o Civil Engineering, Allan B. Kimble, P.Eng. of Sabourin Kimble & Associates Ltd. As Principal Engineer, Allan will be responsible for reviewing all technical engineering aspects in identifying development constraints and providing input on proposed land use options. In addition to sanitary and water needs, he will focus on stormwater management requirements. He will be available for all internal meetings of the study team, and at least one meeting with the Town, if required. o Traffic Engineering, John E. Barrington, C.E.T. of B/A Consulting Group Ltd. John will review all land use options with respect to traffic matters and maintain appropriate liaison with Ministry of Transportation for comments on their requirements. He will be available for all internal meetings of the study team, and at least one meeting with the Town, if required. PICKERING TOWN CENTRE WEST STUDY PROGRAM AND TIMING Stage One Target Date (1993) 1.0 Finalize Proposal 02 June 1.1 Receive Draft Land Use Plan from Staff 07 June 1.2 Develop Preliminary Engineering Constraints Plan and Revise Land Use if necessary; staff to present Draft Land Use Plan to ratepayer representatives 25 June 1.3 Finalize Draft showing rough-cut densities, massing, setbacks, roads, etc., projection on Engineering capacities; Joint Team/Staff Meeting 25 June 1.4 Revisions for Meeting with Landowners to present 1st draft 05 July 1.5 Meeting with ratepayer representatives to present 1st draft 07 July 1.6 Submit Stage One Report 14 July Sta§e Two 2.0 Continue Design work; on-going technical engineering review and revisions based on 1st meeting; Joint Team/Staff Meeting 28 July 2.1 Joint Meeting with Landowners/ Ratepayer Reps to present revisions and show Urban Design in more detail 05 August 2.3 Joint Team/Staff Meeting to review consultation; finalize urban design guidelines/land use designations; review phasing of future development scenarios iftime/fee permits 01 September 2.4 Submit Stage Two Report 07 September Stage Three 3.0 Present schemes to Public Open House 13 September 3.1 Revisions if necessary; finalize Report, plans and presentations for Planning Committee and/or Council 12 October 3.2 Acceptance of Guidelines by Staff or Council October The above schedule estimates the time required to go through the process and assumes no major disputes or technical problems which could delay the final plans. Allowance has been made in the schedule for the fact that summer holidays typically affect completion times. FEE SCHEDULE All principal consultants and their staff will be working on a per diem rate basis of $675/day (7.5 hr. day) for Principals and $375/day for Technicians, with a maximum budget of $40,000.00 for the study, inclusive of all expenses, labour and GST. Further, we have defined the upset budget by stage, on the following estimates. Amounts not billed in each stage will be available for succeeding stages within the total upset limit. Stage One Colborne/Lind $ 8,500.00 Sabourin Kimble $ 1,500.00 B/A Group $ 1,500.00 Disbursements $ 800.00 GST $ 900.00 $13,200.00 $13,200.00 Stage Two Colborne/Lind $15,000.00 Sabourin Kimble $ 1,000.00 B/A Group $ 1,000.00 Disbursements $ 1,300.00 GST $ 1,300.00 $19,600 .00 $19,600.00 Stage Three Colborne/Lind $ 6,500.00 Sabourin Kimble $ --- B/A Group $ --- Disbursements $ 200.00 GST $ 500.00 $ 7,200.00 $ 7,200.00 TOTAL UPSET BUDGET ALL STAGES $40,000.00 The Colborne Architectural Group Inc. will execute the legal contract with the client, The Corporation of the Town of Picketing. All other associated consultants will contract with The Colborne ArchitectUral Group Inc. Invoices will be submitted to the Town at the end of each stage or mutually agreed milestone and will be due and payable within 30 days of receipt. On each invoice, total hours and project-related expenses will be broken down by individual consultant. Project- related expenses and disbursements will be marked up by a 10% administration fee. The Federal Goods and Services Tax is applicable as an extra charge to all fees and expenses incurred, and is included in the quoted upset fee. CONTENTS OF FINAL REPORT The following lists the proposed contents to be included in the final report, submitted to the Town of Picketing. The fee proposal includes the cost of printing of 30 bound copies suitable far distribution and reproduction. 1. Description of Existing Conditions and Need for Study - Text with Photographs and Site Plan. 2. Study Parameters and Engineering Constraints. Text with Graphic Material. 3. General Obiectives - Text with possibly some Sketches. 4. Land Use .1 Land Use Plan (refinement of I~lan as provided by Town) .2 Density Distribution Plan (refinement of Plan as provided by Town). S. Design Guidelines - with Graphic Material .1 Storm Water Management .2 Pedestrian Circulation, Open Spaces and Landscaping .3 Parking, Roads and Vehicular Access .4 Building Setbacks and Build-to Lines .5 Density Distribution by Precinct and Building .6 Building Heights .7 Maximum Building Height to Setback .8 Two Dimensional Site Plan (Detailed Land Use Plan Based on Design Guidelines) .9 Three Dimensional Site Plan .10 Site Sections .11 Shadow Diagrams. 6. Study Area Statistics. 7. Pedestrian Level Perspectives Illustrating Physical Character to be Achieved. 8. Development Scenarios (Time/Fee Permitting).