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HomeMy WebLinkAboutBy-law 407/76THE CORPORATION' OF THE TOWN OF PIC'KERING BY-LAW NUMBER ?i ?`] 7(c, Being a by-law of the Corporation of the Town of Pickering to authorizing the execution of an agreement between the Corporation of the Town of Pickering and T.W. Beddall with respect to Management Services for the Bay Ridges Community Centre and Branch Library The Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. That the Mayor and Administrator-Clerk be authorized to execute an agreement dated the day of 1976, between the Corporation of the Town of Pickering and T.W. Beddall, Architect, with respect to Management Services for the Bay Ridges Community Centre and Branch Library. By-law read a first, second and third time and PASSED this 1"1 ( day of 1976. n Mayor Administrator-Clerk s l? THIS AGREEMENT MADE (IN DUPLICATE) THIS BETWEEN THE CORPORATION OF THE TOWN OF PICKERING HEREINAFTER CALLED THE OWNER OF THE FIRST PART -AND- T. W. DEDDALL OF THE TOWN OF PICKERING, IN THE REGION OF DURHAM, ARCHITECT, ii HEREINAFTER CALLED THE PROJECT MANAGER OF THE SECOND PART WHEREAS THE OWNER OWNS CERTAIN LANDS AND BUILDING IN THE TOWN OF 1 PICKERING AND THE OWNER WISHES TO CONSTRUCT A COMMUNITY CENTRE AND BRANCH LIBRARY, WHICH SAID COMMUNITY CENTRE AND BRANCH LIBRARY AND ?I SAID LANDS OWNED BY THE OWNER SHALL HEREINAFTER IN THIS AGREEMENT BE CALLED THE "PROJECT"; ij AND UHEREAS THE OWNER HAS ENGAGED THE SAID T. W. BEDDALL IN HIS CAPACITY AS AN ARCHITECT TO PERFORM CERTAIN PROFESSIONAL SERVICES AS ARE SET FORTH IN AGREEMENTS BETWEEN THE OWNER AND THE SAID T. W. BEDDALL FOR THE PREPARATION OF THE WORKING DRAWINGS AND SPECIFICATIONS FOR THE ii PROJECT UPON THE TERMS AND FOR THE REMUNERATION AS IS SET OUT IN THE SAID AGREEMENTS FOR PROFESSIONAL SERVICES WHICH SAID AGREEMENTS ARE DATED THE 1ST DAY OF OCTOBER 1975 AND THE 8TH DAY OF DECEMBER 1975, it AND ARE REFERRED TO HEREINAFTER IN THIS AGREEMENT AS THE "ARCHITECTURAL AGREEMENTS". AND WHEREAS THE OWNER HAS AGREED TO ENTER INTO THIS AGREEMENT WITH THE PROJECT MANAGER FOR THE PURPOSE OF THE COMPREHENSIVE MANAGEMENT OF THE BUILDING OF THE PROJECT FROM THE CONCEPTION THEREOF TO THE COMPLETING OF THE CONSTRUCTION THEREOF, AND THE COMMISSIONING THEREOF FOR ALL THE ii ASPECTS OF SUCH CONCEPTION, COMPLETION AMD CO"MISSION OF THE PROJECT AS IS NOT INCLUDED IN THE ARCHITECTURAL AGREEMENTS; -2- AND LIHEREAS THIS AGREEMENT IS BEIPJG ENTERED INTO BY THE PARTIES HERETO TO CONFIRM THE APPOINTMENT OF THE PROJECT MANAGER AND TO SET OUT THE DUTIES AND OBLIGATIONS OF THE PARTIES HERETO AND FOR THE PURPOSE OF SETTING THE FEE TO DE PAID TO THE PROJECT MANAGER FOR THE SERVICES TO DE PERFORMED BY HIM AS REQUIRED DY THIS AGREEMENT. NOW THEREFORE THE OWNER AND THE PROJECT MANAGER FOR THE CONSIDERATION HEREINAFTER NAMED, AGREE AS FOLLOWS: ARTICLE 1 {I THE OWNER HEREDY APPOINTS THE PROJECT MANAGER AS ITS AGENT TO PERFORM THE MANAGEMENT OF THE CONSTRUCTION, COMPLETION AND COMMISSIONING G r OF THE PROJECT IN THE PLACE AND STEAD OF THE OWNER WHICH SAID DUTIES ICI SHALL, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING INCLUDE THE I I FOLLOWING: L A) THE CALL114G FOR TENDERS FROM THE SUB-TRADESMEN, FOR WORKS REQUIRED TO BE DONE TO COMPLETE THE PROJECT AND THE SUBMISSION OF SUCH TENDERS IN THE FORM ATTACHED TO THIS AGREEMENT AND MARKED SCHEDULE "AII HERETO, TO THE OWNER FOR ITS ACCEPTANCE. ?j D) THE PREPARATION OF SUCH PURCHASE ORDERS ON THE OWNERS' STANDARD PURCHASE ORDER FORMS AS MAY BE REQUIRED FOR THE PURPOSE OF i CONSTRUCTION MATERIALS AND EQUIPMENT AS MAY BE REQUIRED TO II COMPLETE THE PROJECT AND THE SUBMISSION OF THE PURCHASE ORDERS TO THE OWNER FOR ITS AUTHORIZATION TO PURCHASE. C) TO RECOMMEND ONCE IN EACH MONTH DURING THE PERIOD OF CONSTRUCTION TO THE OWNER SUCH ACCOUNTS OF SUB-CONTRACTORS, VENDORS AND OTHER 'i PERSONS OR CORPORATIONS AS MAY BE PUE FROM TIME TO TIME AND TO 'I .I RECOMMEND SUCH HOLDBACKS AS MAY BE REQUIRED UNDER THE MECHANICS' LIEN ACT AS THE OWNER MAY BE REQUIRED TO MAKE. it D) TO OBTAIN IN THE OWNERS NAME THE GUARANTEES REQUIRED FROM THE i SUB-CONTRACTORS AND THE GUARANTEES OF MATERIAL AND EQUIPMENT AS MAY BE OBTAINED FROM THE SUPPLIERS THEREOF AND IF REQUIRED AS A RESULT OF FAULTY WORKMANSHIP AND/OR FAULTY MATERIALS AND EQUIPMENT ' l TO ASSIST THE OWNER IN CAUSING CONTRACTORS AND SUPPLIERS TO MAKE GOOD THE WORK, MATERIALS AND EQUIPMENT IN ACCORDANCE WITH THE TERMS OF THE GUARANTEES HEREIN MENTIONED. l li q _,- E) TO GENERALLY SUPERVISE THE CONSTRUCTION, COMPLETION AND COMMISSIONING OF THE PROJECT BY THE SUB-CONTRACTORS AND SUPPLIERS OF MATERIALS AND EQUIPMENT AND IN THE COURSE OF SUCH SUPF,RVISION TO PROVIDE, EMPLOY AND PAY FROM HIS OWN FUNDS THE FOLLOWING PERSONNEL UNTIL THE PROJECT IS COMPLETED; 1) A CONSTRUCTION MANAGER ON A FULL TIME BASIS. 11) A CONSTRUCTION LABOURER ON A FULL TIME BASIS 111) A BOOKKEEPER FOR SUCH PERIODS OF TIME AS MAY BE REQUIRED DURING THE CONSTRUCTION PERIOD. F) TO REPORT TO THE OWNER FROM TIME TO TIME, BUT AT LEAST EACH TWO WEEKS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT ON THE PROGRESS OF THE PROJECT AND TO SUPPLY SUCH REPORTS AND OTHER MATERIALS AS THE OWNER MAY REASONABLY REQUIRE FROM TIME TO TIME. ARTICLE 2 THE PROJECT MANAGER ACCEPTS THE APPOINTMENT AS AGENT OF THE OWNER AND AGREES TO CARRY OUT THE DUTIES SET OUT IN ARTICLE 1 HEREOF IN SUCH A MANNER TO COMPLETE THE PROJECT IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS HERETOFORE APPROVED BY THE OWNER. ARTICLE 3 THE OWNER SHALL: A? PROMPTLY HOLD SUCH MEETINGS AS MAY DE REQUIRED TO PROPERLY AUTHORIZE THE ACCEPTANCE OF TENDERS, THE PURCHASE OF MATERIAL AND EQUIPMENT AND THE PAYMENT OF ACCOUNTS AS CONTEMPLATED BY ARTICLE 1 HEREOF. B) PAY TO THE PROJECT MANAGER AS HIS FEE FOR THE SERVICES ACQUIRED TO BE PERFORMED BY HIM PURSUANT TO THE TERMS OF THIS AGREEMENT THE SUM OF OF LAWFUL MONEY OF CANADA WHICH SAID SUM IS CALCUALTED IN ACCORDANCE WITH THE RECOMMENDED MINIMUM CHARGES FOR SUCH SERVICES AS STIPULATED BY THE ONTARIO ASSOCIATION OF ARCHITECTS, PAYABLE IN EQUAL CONSECUTIVE MONTHLY INSTALMENTS OF " THEREOF MONTHLY UNTIL THE TOTAL SUM OF IS PAID. -4- THE FIRST OF SUCH PAYMENTS TO DE MADE ONE MONTH FROM THE DATE OF COMMENCEMENT OF CONSTRUCTION OF THE PROJECT. IN WITNESS WHERE& THE PARTIES HERETO HAVE EAECUTEO THIS AGREEMENT. THE CORPORATI O ; OF THE TOWN OF PI CKERI NG MAYOR ADMINISTRATOR T. WILLIAM SEDDALL. " SCHEDULE A" 'a'ENDER FOM„ l P.1 ooeeaeea?e?..e woes. oeo •.e...aeo uoe oeo eoeoeeee a e.we+men+waw•+o. e.eeveo.e eeeoo NAME OF CONTRACTOR ee...eeweo........a eeesre?e. e.. wo.w...p e?r see reeeosewse o.? ADOREIIII eeese++oeoaeoow.+..aeeuee.orre.... ?.woe... 6....... a%..e+s.p..o.. eeeeo TELEPHONE ep.eee?eeweee seme.e+eweo+oo?.groewe ver •eweUA`14sq wl..egw ggmeegeq.qq. 1e TENDER TO: MUN000toA3.6TV OF T41E TOWN OF POCOSEROOSGZ 1710 KOOICS`;?ON ROADp POC1;ERING0 ONTAROOo L1V 1C7._ 2. TENDER: iNAVONC CAREFVZ LV EXAMMED T:1s LOCALITY AND 597L C.'.' ".'SIZ PVOPOSHD WOMM AS tJE".L A3 THE OENERAL CONDOTOCNS O%T TtiE CONV%A To AS AMM"BMD SY TOOE SUPP'LEtiCUTAnY Ct?RCRM. CCNIOOT ONS$ THe GPrC0F04ATO:StGO AND ORAWONGII Al-A80 S10 P11450 E11-E2." ONCLUDOS:C ADDENDA NUMCFC.s 1 'a0 p ALL AS PREPARTM SV T. Wo SEODALLZ ARCHITECT FOR COK4UNO9'7 CENTRE AND LOORARV ADDOTOOKa THE M;}::0 C0 F:+k %'!V Cr TNS TOWN OF 610 CttERONG. WG VCR-137 OE''G£L'i O FORMS" ALB. TOO KA`hMOALeli, 010 .LABOUR Nf:OESSART FGR af:? GI^.14f„ETOCM OF THE WORt MT FOR-.t: ON Tic: Ai`CPXVI.00 CERERAL CONOOT00N$O CUPPLZMtNTAr7 GENCRAL COND07CONS,, E?CCOF0CAVIOU30 ORAWOUGZ0 AND AMMNOMENT3D OM ACCOt:OANCE W07M A5:0RE4+AJD +'3CCIJNi MT°S; FOR THE SVM Ov: e.ewoaeeogoosa..us.eee.ee.oeeao+e+.e eooeee oeu no.+ouaa.ee e.eoaeeeeeeme 0.0..e+..•m eoe.ears.o..oro.o?(:rlprsee.oaowoa.r le.•o+ao o.noa) ON LAWFUL MONEY OF OANACAO ( ONCLUcTON's Gt.L 3£hAxAT1Z i;;OC£c C1OSTf?D ON YNf3 TC:NDER FOR:ap ) 3. an sueTaOTTOSJG TM e TENDER6 V°_ RMCOC%OZE TN£ rOG7:7 G^ TUT OWNER TO ACCEPT AN7 T?nXfiR AT 714.' !DPOCE BGF;tOO?'t(i0 CR :. 51?.+SU+ •,i ,". 72a1D813. OT erotic vn.•^2C;C1DO AC;:) T1a0J Tenzar 03 sulsfaod Ln r,¢; ?'?;i: G :T:i%P..?$^ 00NOOT00N away U67103CU v'i-a7.°rf::1a CM.%10. NOT SE CALLED !3p 31 rl v V',',>' GPs "'BEE Ofle17 ARE Cm NTSPOP:A TCOe 4e ALTERNAIAVE PRICES: C WHEN APPLOCADLE) ANV A!,7L'MCOA 0VV;D COOS OTUTOC"S Or O'5':1'v?[? 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