Loading...
HomeMy WebLinkAbout2006-128 THE CORPORATION OF THE MUNICIPALITY OF ClARINGTON BY-LAW 2006-128 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Shoalts and Zaback Architects Ltd, Kingston, Ontario, to enter into agreement for the Architectural Services for the Newcastle Branch Library. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Shoalts and Zaback Architects Ltd, Kingston, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. BY-lAW read a first and second time this 12th day of 1 zlh day of June 2006 BY-lAW read a third time and finally passed this June 2006 JOh"~ - - - - - . Anne GrereAtr.ee; 'Deputy Clerk DOCUMENT SEVEN NEWCASTLE BRANCH LIBRARY MUNICIPALITY OF CLARINGTON PROJECT NO. 0633 The Document within this cover is protected by copyright and when on authorization seal is affixed the contract is on authorized copy of the Canadian Standard Form of Agreement Between Client and Architect. Abbreviated Version. Document Seven Canadian Standard Form of Agreement between Client and Architect Abbreviated Version DOCUMENT SEVEN 2005 Edition This document has been developed by the Royal Architectural Institute of Canada (RAIC) on behalf of the architectural profession in Canada. Enquiries on the application and use of this document should be directed to the Practice Advisors of the appropriate Provincial Association of Architects. Suggestions on the development of standard contract documents can be forwarded in writing to: The Royal Architectural Institute of Canada Suite 330, 55 Murray Street Ottawa, Ontario K1 N 5M3 @ Copyright 2005 Must not be copied in whole or in part without written permission of the Royal Architectural Institute of Canada. Contents 1. Definitions 2. Responsibilities 2.1 Architect's Services and Client's Responsibilities 2.2 Statutes, Regulations, Codes and By-Laws 2.3 Estimates of Construction Cost 2.4 Additional Services 2.5 Client Information 2.6 Completion of Services 3. General Conditions 3.1 Copyright and Use of Documents 3.2 Liability of the Architect 3.3 Hazardous Materials 3.4 Project Suspension or Abandonment 3.5 Termination 3.6 Extent of Agreement/Law of Agreement 3.7 Dispute Resolution 3.8 Architect's Right to Stop Rendering Services 4. Professional Fees and Reimbursable Expenses 4.1 Professional Fees 4.2 Retainer 4.3 Percentage Based or Fixed Fee and HourlyRates 4.4 Calculating Percentage Based Fees 4.5 Invoices 4.6 Additional Services 4.7 Reimbursable Expenses 4.8 Changes & Adjustments 4.9 Interest 5. Other Conditions 5.1 Schedule of Hourly Rates 5.2 Other Conditions Schedule "A" Schedule of Architect's Services and Client's Responsibilities Schedule "B" List of Additional Services Schedule "C" Copy of Certificate of Professional Liability Insurance (to be attached) I Document Seven. 2005 release date: April 2005 I III 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an HAlC Authorization Seal is affixed to the cover of the document The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement of the copyright Canadian Standard Form of Agreement between Client and Architect Abbreviated Version DOCUMENT SEVEN 2005 Edition Agreement made as of the 15 day of June in the year of 2006 Between the Client: The Municipality of Clarin9ton 40 Temperance Street Bowmanville, Ontario L 1C 3A6 (Include name and address) and the Architect: (Include name and address) Shoalts and Zaback Architects Ltd. 4 Cataraqui Street, Suite 206 Kingston, Ontario K7K 1Z7 For the following Project: (Include name, address and description) Construction of Newcastle Branch Library The Municipality of Clarington The Client and the Architect agree as set forth in the following terms and conditions: I Document Seven. 2005 release date: April 2005 I 2 If 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an HAle Authorization Sell is affixed to the cover of the document. The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement of the copyright 1. Definitions 1.1 Architect The Architect is the person or entity identified in this Contract who is registered, licensed or otherwise authorized to practise architecture in the place of the Project and includes the Architect's officers, directors, employees, and representatives. 1.2 Construction Budget The Construction Budget is the Client's estimated Construction Cost including contingencies, or if there is no budget an amount agreed to by the Client and Architect 1.3 Construction Cost Construction Cos~ for the purpose of percentage fee calculation, is the contract price{s) of all Project elements designed or specified by, or on behalf of, or as a result of the coordination of the Architec~ including cash allowances, building permit fees, changes, construction management fees Dr other fees for the coordination or procurement of construction services, and all applicable taxes including the full amount of value added taxes, whether recoverable or not Where there is no contract price fDr all or part of the Project, the Construction Costshall be the estimated cost of construction as determined by the Architec~ or as agreed to by the Architect if a cost Consultant is engaged, at market rates at the anticipated time of construction. Construction Cost excludes the following: · the cDmpensation of the Architect and the Architects Consultants, · other professional fees which are the responsibility Df the Client, · the land cost and land development charges In the event that the Client furnishes labour or material below market cost or recycled materials are used, the Construction CostfDr purposes of establishing the Architect's fee is the cost of all materials and labour necessary to complete the Work as if all materials had been new, and as if aU labour had been paid for at market prices at the time of construction; or, in the event that the construction does not proceed, at existing market prices at the anticipated time of construction. 1.4 Construction Documents Construction Documents consist of drawings and specifications setting forth in detail the requirements for the construction ofthe Project 1.5 Consultant The Consultant is the person or entity engaged by the Client or by the Architectto provide services supplementary tD those provided by the Architect. 1.6 Design Development Documents Design Development Documents consist of drawings and other documents appropriate to the size of the Project, tD fix and describe the size and character Df the entire Project as to the architectural, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. I Document Seven. 2005 release date: April 2005 I III 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an HAlC Authorization Seal is affixed to the cover of the document The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement ofllie copyright 1.7 General Review / Field Review General Review/Field Review means review during visits to the Place of the Work (and where applicable, at locations where building components are fabricated for use at the Project site) at intervals appropriate to the stage of construction that the Architect, in his or her professional discretion, considers necessary to become familiar with the progress and Quality of the Work and to determine that the Work is in general conformity with the ConstructiDn Documents, and the reporting thereon. Services provided for General Review/Field Review shall include those services required under the provincial or territorial legislation and by the regulations ofthe provincial or territDrial association of architects ofthe Place ofthe Work. 1.8 Schematic Design Documents Schematic Design Documents consist of documents which illustrate the scale and character of the Project and how the parts of the Project functionally relate to each other. 2. Responsibilities 2.1 Architect's Services and Client's Responsibilities The Architects services and Client's responsibilities are as set out in Schedule U A U attached herewith. 2.2 Statutes, Regulations, Codes and By-Laws The Architect shall review statutes, regulations, codes and by-laws applicable to the design and where necessary review the same with the Authorities Having Jurisdiction in order that the required cDnsents, approvals, licences and permits necessary for the Project can be applied for and obtained by the Client. 2.3 Estimates of Construction Cost Where the Architect prepares estimates of the Construction Costfor the Client, the Architectdoes not warrantthe accuracy of such estimates as matters of cost are beyond the Architects contrDI. For the acceptance of the Client, the Architect shall review and revise these estimates as the preparation of drawings and specifications proceeds. 2.4 Additional Services The following services by the Architect are Additional Services and shall be provided with the written authorization of the Client (a) services required beyond those already provided which are required due to revisions or additions to the program of requirements, the Construction Budget or to previously approved documents prepared by the Architect, (b) services required by the enactment or revisions Df statutes, regulations, codes or by-laws, (c) services due tD the interpretatiDn Df the authorities having jurisdiction differing from the Architects interpretation of statutes, regulations, codes and by-laws in such a way as the Architect cannot reasonably anticipate, (d) services due to other causes beyond the cDntrol of the Architect, or (e) services not contemplated in Schedule "AU, (f) services listed in Schedule "S". I Document Seven, 2005 release date: April 2005 I 4 II 14 @ 2005 This document is protected by copyright It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement of the copyright 2.5 Client Information The Client shall furnish information, surveys, reports and services as set out in Schedule A, the accuracy and completeness of which the Architect shall be entitled to rely on and cDntracts for the provision of such information, surveys, reports and services, whether arranged by the Client or the Architect, shall be considered direct contracts with the Client. 2.6 Completion of Services Unless otherwise stated in this Agreement, the Architects services cease one year after certification of substantial performance. For services required following expiry ofthe period of one year after certification of substantial performance, the Client shall arrange with the Architectfor services as provided under paragraph 2.4. 3. General Conditions 3.1 Copyright and Use of Documents 3.1.1 CDpyright for the design and drawings prepared by Dr on behalf of the Architect belong to the Architect Plans, sketches, models, drawings, graphic representations and specifications, including computer-generated designs, are instruments of the Architects service and shall remain the property of the Architectwhether the Project for which they are made is executed or not 3.1.2. Submissions or distribution of the Architects plans, sketches, drawings, graphic representations and specifications to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architects reserved rights. 3.1.3 The Client shall be entitled to keep original models or architectural renderings the Client directly commissions and pays for. 3.2 Liability of the Architect 3.2.1 The Client agrees that any and all claims, whether in contract or tort, which the Client has or hereafter may have against the Architect in any way arising out of or related to the Architects duties and responsibilities pursuant to this Agreement, shall be limited to the amount 88 AllltW811'/ 8Br..~ tl h.. till Clilllt In~ ~'.. thl 1-rlr:trrt, DR~ as described in the Certificate of Insurance attached to this Agreement.r~( :& Rot (jpllllifiD~. tin limit 11'1111 hi S:!i9.899, 3.2.2 The Architect shall be entitled to rely upon the published product information frDm manufacturers and shall not be liable for relying on information or representation which he or she believes to be accurate. 3.3 Hazardous Materials Unless otherwise provided in this Agreement, the Architectand the Architects Consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestDs, asbestos products, polychlorinated biphenyl (PCB), mould, fungus/fungi, mildew(s), mushroom(s), yeast(s) or bio-contaminant(s) or any byproducts therefrom, or any other toxic substances whether Dr not defined in any federal, provincial, territorial or municipal laws, statutes or regulations. I Document Seven. 2005 release date: April 2005 I III 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement oflhe copyright 3.4 Project Suspension or Abandonment If the Project is suspended or abandoned in whole or in part for more than a total of 60 days, whether consecutive or not, the Architectshall be compensated within 30 days of the date that an invoice is rendered for all services performed, together with reimbursable expenses then due and suspension expenses calculated in the same manner as termination expenses in paragraph 3.5.4. Ifthe project is resumed after being suspended or abandoned in whole or in part for more than a total of 60 days, whether consecutive or not, the Architects fee shall be equitably adjusted. 3.5 Termination 3.5.7 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 3.5.2 This Agreement may be terminated by the Client upon at least seven days' written notice to the Architect in the event that the Project is permanently abandoned. 3.5.3 In the event of termination, the Architectshall be compensated within 30 days of the date that an invoice is submitted for all services performed to the effective termination date, together with reimbursable expenses and applicable taxes and all termination expenses as defined in paragraph 3.5.4. 3.5.4 Termination expenses means expenses directly attributable to suspension or abandonment of the Project or termination of this Agreementfor which the Architectis not otherwise compensated, and in addition, an amount computed as a percentage of the total fee for the Architects basic services and additional services earned to time of termination, as follows: 1. Twenty percent if suspension or termination occurs during schematic design phase; or 2. Ten percent if suspension or terminatiDn occurs during the design development phase; or 3. Five percent if suspension or termination occurs during a phase subsequent to the design development phase. 3.6 Extent of Agreement/Law of Agreement 3.6.7 This Agreement represents the entire and integrated agreement between the Client and the Architect and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instru- ment signed by both Client and Architect 3.6.2 This Agreement shall be governed by the laws of the place of the Project 3.7 Dispute Resolution 3.7.7 For purposes of Article 3.7, "dispute" means a disagreement arising out of or in connection with this Agreement, or in respect of any defined legal relationship associated with it or derived from it, and includes any failure to reach agreement where an agreement is required. 3.7.2 The parties shall make all reasonable efforts to resolve a dispute by amicable negotiations and agree to provide, Dn a without prejudice basis, full and timely disclosure of relevant facts, information and documents to facilitate these negotiations. I Document Seven. 2005 release date: April200S I III 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement of the copyright 3.7.3 If the parties have been unable to resolve a dispute, either party may, by written notice, require the appointment of a mediator in accordance with the latest edition of the CCDC 40, "Rules for Mediation and Arbitration of Construction Disputes", to assist the parties to reach agreement Unless the parties agree otherwise, the mediated negotiations shall be conducted in accordance with those Rules as amended as follows: 1. All references to "the Contract" are to be considered references to "this Agreement"; 2. For references in CCDC 40 to Schedule; time; Extension of time period; and termination if no agreement the time period shall be adjusted from "10 Working Days" to read "15 calendar days". 3.7.4 If the dispute has not been resolved within 15 calendar days after a mediator was appointed under paragraph 3.7.3, or within such further period agreed to by the parties, the mediator shall terminate the mediated negotiations by giving written notice. 3.7.5 All unresolved disputes shall be referred to and finally resolved by arbitration under the latest edition of CCDC Document 40, "Rules fDr Mediation and Arbitration of Construction Disputes, as amended as follows: 1. All references to "the Contract" are to be considered references to "the Agreement"; and 2. The applicable date referring to Substantial Performance of the Work does not apply. 3.7.6 Dispute resolution shall be conducted in the jurisdictiDn of the principal place of business of the Architectunless otherwise agreed. 3.8 Architect's Right to Stop Rendering Services 3.8.1 If any invoice submitted by the Architect remains unpaid by the Client for sixty days or more from the date the invoice was submitted, the Architect may give seven days' written notice to the Clientthatthe Architectwill stop rendering services. 3.8.2 If within seven days of delivery of the notice in 3.8.1, the Client has not paid the Architects invoice, or the Architect and the Client have not agreed in writing on terms for payment of the invoice, the Architectmay stop rendering services on the Project, and in that event the Client shall not have any claim whatsoever against the Architectfor any loss, cost, damage, or expense incurred or anticipated to be incurred by the Client as a result 3.8.3 The rights of the Architectgiven by Article 3.8 are in addition to and not in substitution fDr any other rights the Architect may have under this Agreement or otherwise for non-payment Df the Architects invoices by the Client 4. Professional Fees and Reimbursable Expenses 4.1 Professional Fees The Client shall pay professional fees and reimbursable expenses to the Architectwhen invoices are rendered as set forth in this article. 4.2 Retainer The Client shall pay to the Architect a retainer of $ . . . N.A. upon execution of this Agreement. This payment is the minimum payment under the Agreement, and shall be credited against the final invoice. I Document Seven. 2005 release date: April 2005 I 11114 ~ 2005 This document is prOl8cted by copyright It may be reproduced and used when an HAlC Authorization Seal is affixed to the cover of the document The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement of the copyright 4.3 Percentage Based or Fixed Fee and Hourly Rates A percentage fee as defined in 4.4 of N.A. Percent ( %) and/or A fixed fee of $ and/or Hourly Rates shall be as set out under Paragraph 5.1 Schedule Df hourly rates. 202,000.00 4.4 Calculating Percentage Based Fees ( N . A . ) When the fee for the Architect's services is percentage based, the applicable portion of the fee for each phase Df the services shall be calculated on the following: Schematic Design Phase: Design Development Phase: Construction Documents Phase: the mutually agreed Construction Budgetatthe commencement of the phase. the approved estimate of Construction Cost at the commencement of the phase. the approved estimate of Construction Cost at the commencement of the phase. the approved estimate of the Construction Cost at the commencement ofthe phase. Bidding or Negotiation Phase: Construction Phase - Contract Administration: the actual Construction Cost 4.5 Invoices Invoices shall be issued monthly. Where the fees are percentage based or a fixed fee, the fee for the Architect's ser- vices shall be apportiDned to the phases of service as listed below, and the amounts invoiced shall be in proportion to the services performed within the phases. Schematic Design Phase $ 25,250.00 or 12.5 % Design Development Phase $' 25,250.00 or 12.5 % Construction Documents Phase $ 50,500.00 or 50 % Bidding or Negotiation Phase $ 5,050.00 or 5% Construction Phase- $ 20,200.00 or 20 % Contract Administration TOTAL: $ 202,000.00 or 100 % 4.6 Additional Services The fee for additional services as set out in paragraph 2.4 shall be based on the hourly rates in paragraph 5.1 or as otherwise mutually agreed with the Client 4.7 Reimbursable Expenses (included in fixed fee above) The Client shall pay the Architectfor reimbursable expenses in addition to the Architect's professional fees, which shall include the actual expenditures of the Architectand the Architect's employees and Consultants in the interest of the Project, plus % of such actual expenditures, as follows: la) the expense of transportation in connection with the Projectfor authorized travel, including transportation, lodging and meals; I Document Seven. 2005 release date: April 2005 I III 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of the Canadian Standard Form of Agreement - Abbreviated Version. Document Seven without an authorization seal constitutes an infringement of the copyright (b) communication and shipping, including long distance telephone calls and facsimile messages, courier service, postage and electronic conveyances; (c) reproduction of plans, sketches, drawings, graphic representations, specifications and other documents; (d) renderings, plotting of computer-generated drawings, models, and mock-ups specifically requested by the Client 4.8 Changes & Adjustments 4.8.1 If tlulllI!l1l All filllt llf t/:lll 4<elliteet. tllll &llFVi911& 911'f9fSd ~'I tllis Jl.greeRlellt Ra'.e lIat heell eeRll!letefl ..ithill 24 AlQAtlu: aftllr tAll datil Qf tAil: ^grllllAlllAt, tIlll llAlllIIAt6 llf SllRlIlSRsstisR as set 8t1t ill this A!lreeRlellt shall he rell8getietcd. 4,8.2 In the event that new or additional taxes in respect of the services included in this Agreement are required by federal or provincial legislation after the Agreement is executed, the amount under this Agreement shall be adjusted to include such taxes. 4.8.3 Fees and reimbursable expenses may be subject to such value added taxes as the Federal Goods and Services Tax or Harmonized Sales Tax. The Client shall pay to the Architect, together with, and in addition to, any fees and reimbursable expenses that become payable, any value added taxes that become payable in relation to the fees and reimbursable expenses as required by legislation. 4.9 Interest Unpaid accounts shall bear interest, calculated monthly, at_'q% per annum cDmmencing 30 days after the date that the Architects submits the invoice for fees, reimbursable expenses and applicable taxes. 5. Other Conditions 5.1 Schedule of hourly rates: N.A. r Document Seven. 2005 release date: April 2005 I 11114 ~ 2005 This document is protected by copyright It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of the Canadian Standard Form of Agreement. Abbreviated Version - Document Seven without an authorization seal constitutes an infringement of1he copyright 5.2 Other Conditions (Attach Additional Sheets for Other Conditions as required) Commercial/Comprehensive General liability Insurance The client agrees that any and all claims. whether in contract or tort will be limited to limits of the attached Certificate of Insurance. Shoalts and Zaback Architects Ltd. RFP 2006-4 The Municipality of Clarington RFP 2006-4 and the Shoalts and Zaback Architects Ltd. proposal dated May 5. 2006 are part of this contract This Agreement entered into as of the day and year first above written. Client The Municipality of Clarington 40 Temperance Street Bowmanville, Ontario l1 C 3AG Attenf : by Witness JOhnyJf~O~'"MamO";> Architect Shoalts and Zaback Architects Ltd. 4 Cataraqui Street, Suite 206 Kingston. Ontario K7K 1Z7 Attention: Gerry Shoalts by / Witness I Document Seven, 2005 release date: April2Dlli I 1111 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an RAlC Authorization Seal is affixed to the cover of the documeli The use of the Canadian Standard Form of Agreement. Abbreviated Version - Document Seven without an authorization seal constitutes an infringement of the copyright Schedule A Schedule of Architect's Services and Client's Responsibilities ITEM Architects Services Client's Not Services Additional Responsibilities applicabla Services Consultants Coordination of Consultants (e- r r (' Structural Engineering Services (i r r (' Mechanical Engineering Services (i r r (' Electrical Engineering Services (i r r (' lendscape Architectural Services (i: r r (' Cost Consultant (e' r r (' -,~ . (e r r (' Other Consultants: Lightinq - Other Consultants: C i v i I (i r r (' Acoustics (e r r (' Predesign Prepare Client's Program of r r (e (' Phase Building Requirements, or Functional Program Measured Drawings N, A. r r r (i See ~ ' Certified land Survey (i' Note ~Geotechnical or Soil Report (. Below Construction Budget (. Toxic or Hazardous Materials Report (i' - r, r r (' -- '" <- , ., , " - , r r r (' ,- ,. ,. - -- -- _H r r r (' Schematic Review of Client's Program (!, r r (' Design Phase of Building Requirements Investigate Existing Conditions (! r r (' Schematic Design Documents (i r (' (' Estimate of Construction Cost (e r r (' r r r (' -- C; r r (' . .-'. -'- r. r r (' Client review and approval to be obtained before proceeding to next phase Design Design Development Documents (i r r (' Development Estimate of Construction Cost (i r r (: Phase -. C C C (' r r r (' r r r (' Client review and approval to be obtained before proceeding to next phase N.S. An Allowance to cover the cost of these is included in the fixed fee. I Document Seven. 2005 release date: April 2005 I 1111 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an HAle Authorization Seal is effixed to the cover of the document The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement of the copyright ITEM Architecls Services Client's Not Services Additional Responsibilities applicable Services Construction Construction Documents (e (' (' (' Documents (Drawings and Specifications) Phase Estimate of Construction Cost (e (' (' (' Prepare Bidding Information and ~ (' (e (' Construction Contract Conditions asdgasdgasg .. (' (' (' (' (' (' (' (' Client review and approval to be obtained before proceeding to next phase Bidding or Bid Call (' (' (e (' Negotiation Bid Receipt and Review (e (' (' (' Phase Contract Negotiations (e (' (' (' Prepare Contract (e (' (' (' (' (' (' (' r (' (' (' Construction Obtain Proof of Bonds and (e (' (' (' Phase - Insurance PDlicies Contract Review Construction Schedule (e (' (' (' Administration Supplemental Details & Instructions (i (' (' (' Shop Drawing Review (e (' (' (' Contract Document Interpretation (e (' (' (' Issue Certificates for Payment (e (' (' (' Prepare Change Orders (e (' (' (' Issue Certificate of (e (' (' (' Substantial Performance Review Contractor's Documentation (e (' (' (' at Project Completion General Review/Field Review (e (' (' (' Inspection and Testing Services (. Prepare letter of Assurance r (' (' (i Twelve Month Warranty Review ~ (' (' (' (' (' (' (' (' (' (' (' Review and Zoning or land Use Amendment (' (' (' ~ Obtain Site Development Review or Agreement (e (' (' (' Approvals from Authorities Development Approval (' (' (' (t Having Zoning By-law Variance or Jurisdiction Development Appeal (' (' (' (t Building Permit (e (' (' (' Other Services (' (' (' (' Other Services (' (' (' (' (' (' (' (' . . -- r (' (' (' (' (' (' (' (' (' (' (' Schedule A- page 2 Schedule B List of Additional Services 81 PROVISION OF ADDITIONAL SERVICES 81.1 The additional services described in this schedule are not included in the Architect's services unless so identified in Schedule A. The Architect shall only provide these additional services if authorized by the Client 82 PROJECT REPRESENTATION 82.7 Providing more exhaustive or continuous on site review or representation. .1 If more extensive representation at the site than is described in paragraph 1.7, General Review I Field Review is required, the Architect shall provide one or more Project representatives to assist in carrying out such additional site review responsibilities. .2 Such representatives shall be engaged and directed by the Architect, and the Architectshall be compensated as agreed by the Client and Architect 83 OTHER ADDITIONAL SERVICES 83.7 Providing analyses ofthe Client's needs and preparing the program of the Client's requirements (functional program). 83.2 Providing financial feasibility, project budget or other special costing studies. 83.3 Providing site evaluations, planning surveys, or comparative studies of prospective sites. 83.4 Providing special surveys, environmental studies and submissions and other related services required for approval by AuthDrities Having Jurisdiction, including submission for zoning changes, variances from bylaws or site plan approvals necessary for proceeding with the project, except for those set out in Schedule A. 83.5 Providing services relating to future facilities, systems and equipment 83.6 Providing services to investigate existing conditions or facilities such as preparing measured drawings or verifying the accuracy of drawings Dr Dther information furnished by the Client 83.7 Providing detailed estimates ohC.fiSirII<<WR '~quaRtitY<~\tlkinventories of material and equipment, or analyses of owning and operating costs. 83.8 procurement or installation of furniture, furnishings and related equipment 83.9 Providing tenant layout and design services. 83.70 Preparing models or architectural renderings specifically commissioned by the Client bey 0 n d tho s e lis t e din the RFP. I Document Seven. 2005 release date: April201l5 I 1111 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of the Canadian Standard Form of Agreement. Abbreviated Version - Document Seven wtthoutan authorization seal constitutes an infringement oflhe copyright 83.17 Preparing documents for alternative, separate or sequential bids or providing extra services in connection with bidding, negotiation, or construction prior to the completion of the construction documents phase. 83.72 Co-ordinating construction work performed by separate contractors or by the Client's own forces and co-ordinating the services required in connection with constructiDn performed and equipment supplied by the Client 83.73 Providing services in connection with the Work of a construction manager. or separate Consultants retained by the Client 83.74 Providing services after one year following the date of Substantial Performance of the Work. 83.75 Revising or providing additional drawings, specifications or other documents which are: .1 caused by instructions that are inconsistent with instructions or written approvals previously given by the Client, including revisions made necessary by adjustments in the Client's program or Construction 8udget, .2 caused by the enactment or revisions of statutes, regulations, codes or bylaws, subsequent to the preparation of such documents. Schedule C Professional Liability Insurance (attach Certificate of Insurance) Schedule D Consultants included in the Architectural Team Structural Mechanical & Electrical C i v i I Landscape Lighting Acoustics Cost Consultant Roney Engineering Limited Atira Engineering Ltd. Josselyn Engineering Ltd. The Scott Wentworth Group Gabriel Design State of the Art Acoustik Inc. Michael J. Brennan Enterprise I Document Seven. 2005 release date: April 2005 I 14 If 14 ~ 2005 This document is protected by copyright It may be reproduced and used when an RAIC Authorization Seal is affixed to the cover of the document. The use of the Canadian Standard Form of Agreement - Abbreviated Version - Document Seven without an authorization seal constitutes an infringement oftlie copyright fi' # Pro-Demnity Insurance Company POLICY NO. 4 Certificate of Insurance Certificate Of Insurance No. 0220-19-0782 1. NAMED INSURED Shoalts and Zaback Architects Ltd. in their capacity as a holder of a Certificate of Practice 2. PERIOD OF INSURANCE 3. LIMITS OF L1ABIUTY 4. DEDUCTIBLE 5. FIXED PREMIUM PLAN CREDIT $ 6. ENDORSEMENT NO(S). Inception Date 20 February 2006 12:01 a.m. Stardard Time Expiration Date 20 February 2007. 12:01 a.m. Stardard Time at the address shown on the OM. Register as reqJired by Section 27 of the Architects Act Claim Limit $ 1,000,000.00. Project Limit $ 2,000,000.00 Aggregate Limit $ 4,000,000.00 . $ $ .< $ 1,2.3 Signed ') r:: ~ President each claim " . ~ .' ._.0 ;, Fonn(s) part of this Certificate of Insurance. Z4/UI ZUUD nUN la:~~ rA! qlDq~/U/~~ IM'LnI ~~~~u~ n~UA~~Ll~A If':l UU'/ UU' " "...... 't'... "'''''1 ..,. . ': , '.' .... "',.,,_,,', ..:.., """''':' ... ".....".........,............... DATE (MM/DDIYY) '.O:E:AiiJiiJil;ffiI0AI1imr.~8~!!JIINSjll~N'€iE~ r-~'+:~~!'f,i..~;~ ': ',: :',;r. ,~~~iiilli~.~l~;".' ,..,~.~~I,>t~m~~t~~' l:i "1',:".: . .....:..: .too'.;,..:...:.... .........:...I:~.-::lcr.~~!I.i~,~:.i!i~n:lki;i1iI~~W":DIH~~~....a.t.i~.: ,.I.....:!i~*~it.~.::...', July 2<4, 2006 BROKER This corlif'at. . iMwd .. . m8tlCf Of inlonnaliOfI onlV and confers Canada Brokerllnk (OntarIo) Ine. ne r1gtns upDll1ht 0II1IIIc8t1 hGld.r. TI1Ia CMliIicate daM not .mend. 2<45 Yorkland Blyd 3rd Floor .xtend or ,hll'1ht COIIII'ege .fford~ by 1M poIic:lu below. Toronto, ON M2JAW& ~....,.".::i:::::~~:;.~~ty,~~I~M'~tin~SAF..F.i,O~Di~GlfC'O'VERlGE''';lf.Ii.''.~,~~~) ~::,;o.:I1.~"" COMPANY INSURED A ING INSURANCE COMPANY OF COA SHOALTS & ZABACK ARCHITECTS L T COMPANY . CATARAQUI STREET, B SUIT! 206. 210 & 217. COMPANY KINGSTON, ON K7K 1Z7 C COMPANY FAX NO.: ti13.s<41.o804 D ~~C . ..... ".J-It,...... ...IA:'..... .. .... ":. ':." .. . ~. 01....:" ". ,;." .... ......... ',' '...... '. ....;. '::.. .-"-.....l..+.'...i:::......cI'> t.""'''~'''I:''!'=''''''.'''':t'III..:. ........ ','" II..'. ~~"'I!':;~~..?~r.'II'rI'!'1I'II..I~I...I.:....:. ,.....,....Il.~ 1'!Io;' ...,QY.ERA~E~:. '.l;:iIo:"iI.:~"dt-l:i~.I1l~2;Jl>lil,i;l>JoHklt1l;li119ir.thR.tU>lldllliliWk*I:tuttt.:~;:~~;):.!::;.. .; ,t ~=e.-e:tlIllU.l1.~ <i, ;;;.,J,.,:.. . . "'...!"':' ": .... .' this Is 10 certify !hat !he poHcies of Inslnnce listed below have been Issued to !he Insured named above for the policy period indicated. Notwithstanding lIny requiremenlll, !enn or GOl'ldition of any ClOflnct or olher document with relpeot to wtllc:h !hIs c.rtifieate may be !&sued or may pertain, the Insurance afforded by the policies described herein's sUbJecllO alllhe terms, exdusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM~. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY LIMITS LTIt DATE (MMlDDIYV) EXPIRATION DATEIMMlDDIYY\ "GENeRAL. LlAiiLIN'" " " ..~ EACH OCCURRENCE S 2,000,000 A 1SI COMMeRCIAL GENERAL 5MA228070 05/20106 05120107 GENERAl AGGREGATE S 5.000.000 LIABILITY o CLAIMS MACe PRODUCT5-COMP/OP AGGREGATE S 2,000,000 CilI OCCURRENCE 181 TENANTS LEGAL LIABILITY TENANT'S LIiGAI.I.IABILITY S 500,000 ~ NON.oWNED AUTOMOBILE NON-OWNED AUTOMOBILE . S 2.000.000 PROPERTYOAMAG!OEDUCnB~ S 1,000 BODI.Y INJURY DEDUCTIBLE S . .",.~, '1'.'_."-,:1 ........hltM' '0,-" ,:,...,......".. .. .." . BODLY INJURY & PROPERTY $ ~~~2~.e~~~E UABI~~. .. ..'1 ',ll,.1 . ,,'.'. .....:...........,.....::..,.:i DAMAGE COMBINED o DESCRIBED AUTOS Not applicable eOt.LISION oeOUCTIBLE s o AU OWNED AUTOS COUPREHENSNEDEDUCT~ S CJ LEASEO AUTOS ALL PERILS DEDUCTIBLI! S ::'EXcESSi:I:It.fBRELLA . ......,...:t EACH OCCURRENCE S o Ut.18REI.I.A FORM Not applicable AGGREGATE S l:J OTHER THAN UMBREllA RETAINED LIMIT S FO~M If'" 'l,iyP~~~IIJllI'~~&1.1m~1\.I LIMIT s PROP.~.R.I. I . ,..... .. 0 BROAD FORM Not 8pplicable OEDUCTElLE S 0 NAMeD PERILS ',,' ",~".....:. .... ....... . . ........ LIMIT S i110THER '. :,..,..::..,:....'..;4 Not applicable DEDUCTIBLE $ . I ," .......,... ; " . ~ " ~...:,.:,..:...I:.jl1'!'.~rrr.''''!-...rr...tl...'':..I::!''i..r..;~:;..1!.~I'r~! rDESCRlir: ':,;N!~OF..OPERAll0..". ,. ;"".~ . , NSI'S'p,eciAi: 'ITEMS" ",..' :'" .. li!~O.Ir.ION~1b1.J~. . . IJlJi~1 J!il:W. '. ~;:"'..b..' .' .:. ',,;' ., i. L.: ...;, :., ~ ......."...nP..... .... . .. .t.!IAi~~~Q.""..~,..... ". . Municipality of Clarlngton Architects OffIce ProJect. 0633 Newcastle Branch Library ': "':""" . '. ,'.,.H.l~l...,'tl":..........,..: I....' ~ . '. '! :".~~',;'f.~ "':;:i .:~'r!i.~~:1:1~..!t-'t~':'!!:t!!~~,,~.,.~~!! .~t:.I~.tl!!'~"II~~ 4JI.fl:tlI'l.:........:...l:Ir.t-ll:r....:............ . . .:. ...~;;...I1It..I:l...,..~~II~H!I!~~.....!.;..:...""l .. ~~R:n~~~mijqJ;.D,E~" ;., .....!.:' '~.i!!:!ttitL..iid~iIJ.ilUlhil>W;i;i!A...~~J.!!.j.ill.::~ .~~~~....:....T,I..Q~...,;..J.~.:.:~. ,>~ ~ ":~'!1.:alilliIlIiiIiII" . "ro.;';':: .":..~,~..:.::' ".:: Should any of !he above descrbed policies be cancelled before the Corporation of the Municipality of Clarington ExpiraUon date thereof, the l$$UIng company wII endeavor 10 mail 30 days written noUca 10 Ihe certifieate holder named 10 the left. but failure to mllil 40 Temperance Street such notice shall inpose no obligation or liability of any kind upon Ihe Bowmanville ON L 1 C 3A8 c;.ompany, lIS agents or reoressnlatives. AUTHORaEDREPRESENTAnv~ CANADA BROKERLlNK (ONTARIO) INC. ~~O"'-.,.'. .. . ,,' " :.:::~;: ~l~::...!.L. .t~ ::. .. -.... . ... .......(0 '~"" . '. .... ... ...:....1.......... .... ...... ...... '.' ,:.. r " !l . !~~~~i'L:. .' :;~iI!!tn'lll:Ai~:.ri' ...'- .' .., ..~..'.jl!!!l'Jltw.J;I~I~~'tm,!I,ti~'r>i.i!il!.i~i ~t~,h~ ~;;"l;iI<:r~*iJ;j;:~j,r-.~;;i~.', .,......!.. J ;..,' . 1~~I~..~'81.l1ftUf.Jl~';, . . . . .