HomeMy WebLinkAbout80-72
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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 80-72
Being a by-law to authorize the entering into
an Agreement with Grant Robertson with regard
to Architectural fees with respect to the New
Base Line Community Centre
The Council of the Corporation of the Town of Newcastle hereby
ENACTS AS FOLLOWS:
That the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Town of Newcastle and seal
with the Corporation Seal an Agreement between Grant Robertson
and the said Corporation dated the
. JtA-- day of r ' 1980,
which is attached hereto as Schedule "A".
Read a first and second time this
10th
day of June 1980.
Read a third and final time this 10th
day of June 1980.
Garnet B. Rickard /,j.~,..Yj''c:;:t~4.-/
Mayor
Joseph M, McIlroy ~ ~ ~"
Clerk /
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Standard Form Of
Between Client and
~t'i4 ;:- ~ ~ ~ /d,7'V"
RAIC Document 6
The Royal Architectural Institute of Canada
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Standard Form of Agreement
Between Client and Architect
RAte Document 6
1 November 1978 Edition
Agreement
made as of the
Hundred and
f'ifth
eight;y
in the year of Nineteen
day of
June
Between the Client:
(Include name and address)
Oorporation of the Town of' Newcastle
40 Temperance Street
Bowmanville, Ontario, LlO 3.16
and the Architect:
(Include name and a~~~ RObert8on~ Architect
.3 Acadia Drive
Oobourg, Ontario, K9A lTS
For the following Project:
(Include detailed description of Project location and scope.)
Base Line Communit7 Oentre
Basic Architectural Service.
The Client and the Architect agree as set forth in the following terms and conditions.
Certain provisions of this document have been derived, with modifications, from AlA Document B 141, Standard Form of Agreement Between Owner and Architect,
1977 Edition @ 1977, The American Institute of Architects, 1735 New York Avenue, N,W" Washington, DC 20006 USA, Reproduction herein is with the permission of
AlA under application number 78044, Further reproduction of copyrighted AlA materials without separate written permission from AlA is prohibited. AlA"'.
RAIC DOCUMENT 6 - 1978
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TERMS AND CONDITIONS OF AGREEMENT BETWEEN CLIENT AND ARCHITECT
ARTICLE 1
DEFINITIONS
1.1 CONSTRUCTION COST
Construction Cost means the Contract Price of all
elements of the Project designed or specified by
the Architect. Where there is no Contract Price
for all or part of the Project, the Construction Cost
shall be the estimated cost at current market rates
as determined by the Architect. Construction
Cost does not include the compensation of the
Architect and the Architect's consultants, the cost
of the land, rights-of-way, or other costs which are
the responsibility of the Client as provided in
Article 3.
1.2 CONTRACT
The Contract is the agreement between the Client
and the Contractor for the provision of labour,
materials, and equipment for the execution of the
Work by the Contractor.
1.3 CONTRACT DOCUMENTS
The Contract Documents consist of the executed
Agreement between the Client and the Con-
tractor, the General Conditions of the Contract,
the Drawings, and such other documents as are
identified in the Agreement and the General
Conditions as constituting part of the Contract
Documents.
1.4 CONTRACTOR
The Contractor is the person, firm, or corporation
contracting with the Client to provide labour,
materials, and equipment for the execution of the
Work.
1.5 SUBCONTRACTOR
A Subcontractor is a person, firm, or corporation
contracting with the Contractor to perform a part
or parts of the Work included in the Contract, or
to supply products worked to a special design
according to the Contract Documents.
1.6 SUBSTANTIAL PERFORMANCE
Substantial Performance of the Work is as defined
in the Lien legislation applicable to the place of
the Project. If such legislation is not in force or
doe~ not contain such definition, Substantial Per-
formance shall have been reached when the
Work is ready for use or is being used for the pur-
pose intended and is so certified by the Architect.
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ARTICLE 2
ARCHITECT'S SERVICES AND RESPONSIBILITIES
BASIC SERVICES
The Architect's Basic Services consist of the six
phases described in Paragraphs 2.1 through 2.6
and include normal structural, mechanical, and
electrical engineering services and any other
services included in Article 13 as part of Basic
Services.
2.1 SCHEMATIC DESIGN PHASE
2.1.1 The Architect shall study the program and the
budget furnished by the Client to ascertain the require-
ments of the Project and shall review the under-
standing of such requirements with the Client.
2.1.2. The Architect shall provide a preliminary
evaluation of the program and the Project Budget
requirements, each in terms of the other, subject to the
limitations set forth in Subparagraph 4.1.
2.1.3 The Architect shall review with the Client
alternative approaches to design and construction of
the Project.
2.1.4 Based on the mutually agreed upon program
and budget requirements, the Architect shall prepare,
for approval by the Client, Schematic Design Docu-
ments consisting of drawings and other documents
appropriate to the size of the project illustrating the
scale and relationship of Project components.
2.1.5 The Architect shall submit to the Client an
Estimate of Construction Cost based on current area,
volume, or other unit costs.
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2.2 DESIGN DEVELOPMENT PHASE
2.2.1 Based on the approved Schematic Design
Documents and approved budget, the Architect shall
prepare, for approval by the Client, Design Develop-
ment Documents consisting of drawings and other
documents appropriate to the size of the Project to fix
and describe the size and character of the entire Project
as to architectural, structural, mechanical, and electri-
cal systems, materials, and such other elements as may
be appropriate.
2.2.2 The Architect shall review and if necessary
revise the Estimate of Construction Cost and submit it
to the Client.
2.3 CONSTRUCTION DOCUMENTS PHASE
2.3.1 Based on the approved Design Development
Docu ments and budget, the Architect shall prepare, for
approval by the Client, Construction Documents con-
sisting of Drawings and Specifications setting forth in
detail the requirements for the construction of the
Project.
2.3,2 The Architect shall advise the Client of any
adjustments to previous Estimates of Construction Cost
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RAIC DOCUMENT 6 - 1978
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indicated by changes in requirements or general
market conditions.
2.3.3 The Architect shall prepare necessary bidding
information, bidding forms, the Conditions of the
Contract, and the form of Agreement between the
Client and the Contractor.
2.3.4 The Architect shall assist the Client in con-
nection with the Client's responsibility for filing docu-
ments required for the approval of governmental
authorities having jurisdiction over the Project.
2.3.5 The Architect shall interpret codes, by-laws,
and regulations as they apply to the Project. However
the client acknowledges that as the Project progresses,
the government authorities' interpretation of such
codes, by-laws, and regulations may change and differ
from the Architect's interpretation in ways which the
Architect cannot reasonably anticipate.
2.4 BIDDING OR NEGOTIATION PHASE
The Architect, following the Client's approval of the
Construction Documents and of the latest Estimate of
Construction Cost, shall assist the Client in obtaining
bids or negotiated proposals, and in awarding and
preparing contracts for construction.
2.5 CONSTRUCTION PHASE - ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.5.1 Unless otherwise provided in this Agreement
and incorporated in the Contract Documents, the
Architect shall provide administration of the Contract
for Construction as set forth below.
2.5.2 During the Construction Phase the Architect
shall be a representative of the Client, shall advise and
consult with him, and shall have authority to act on his
behalf to the extent provided in this Agreement. All
instructions to the Contractor shall be forwarded
through the Architect.
2.5.3 The Architect shall conduct inspections at in-
tervals appropriate to the stage of construction which
he considers necessary to enable him to determine if
the Work is proceeding in general accordance with the
Contract Documents. However, the Architect shall not
be required to make exhaustive or continuous on-site
inspections to check. the quality or quantity of the
Work. On the basis of such on-site observations, the
Architect shall keep the Client informed of the pro-
gress and quality of the Work, and shall endeavor to
guard the Client against defects and deficiencies in the
Work of the Contractor, but he shall not be responsible
for identifying defects or deficiencies in the Work
which are not reasonably apparent or visible at the time
of such inspections and which result from the Con-
tractor's failure to carry out the work in accordance
with the Contract Documents.
2.5.4 The Architect shall not have control or charge
of and shall not be responsible for construction means,
methods, techniques, sequences, or procedures, odor
safety precautions and programs in connection with
the Work, nor will he be responsible for the acts or
omissions of the Contractor, Subcontractors, or any
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other persons performing any of the Work, or for the
failure of any of them to carry out the Work in
accordance with the Contract Documents.
2.5.5 The Architect shall at all times have access to
the Work wherever it is in preparation or progress.
2.5.6 The Architect shall determine the amounts
owing to the contractor based on observations at the
site and on evaluations of the Contractor's Applications
for Payment, and shall issue Certificates for Payment in
such amounts, as provided in the Contract Documents.
2.5.7 The issuance of a Certificate for Payment shall
constitute a representation by the Architect to the
Client, based on the Architect's observations at the site
as provided in Subparagraph 2.5.3 and on the data
comprising the Contractor's Application for Payment,
that the Work has progressed to the point indicated;
that, to the best of the Architect's knowledge, informa-
tion and belief, the quality ofthe Work is in accordance
with the Contract Documents; and that the Contractor
is entitled to payment in the amount certified. Such
certification is subject to continuing evaluation of the
Work as it progresses for general conformance with the
Contract Documents, to the results of any subsequent
tests required by or performed under the Contract
Documents, to minor deviations from the Contract
Doc~r:nents c?~rec.table prior to.completion, and to any
speCIfIC qualifIcatIons stated In the Certificate for
Payment. The issuance of the Certificate for Payment
shall not be a representation that the Architect has
made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on
account of the Contract Price.
2.5.8 The Architect shall be the interpreter of the
requirements of the Contract Documents and the
ju?ge of the performance thereunder by both the
Client and Contractor. The Architect shall render
interpretations necessary for the proper execution or
pr<;>gress of the Wor,k with reasonable promptness on
wrrtten request of eIther the Client or the Contractor
and shall render written decisions, within a reasonabl~
time, on all claims, disputes, and other matters in
question between the Client and the Contractor re-
lating to the execution or progress of the Work or the
interpretation of the Contract Documents.
2.5.9 Interpretations and decisions of the Architect
~hall be consistent with the intent of and reasonably
Inferable from the Contract Documents and shall be in
written or graphic form. In the capacity of interpreter
and judge, the Architect shall endeavor to secure
faithful performance by both the Client and the Con-
trac~or, shall not show partiality to either, and shall not
be liable for the result of any interpretation or decision
rendered in good faith in such capacity.
2.5: 1~ The Architect's decisions in matters relating to
artIstIc effect shall be final if consistent with the intent
of the Contract Documents. The Architect's decisions
on any other claims, disputes, or other matters in-
cluding those in question between the Client and the
Contractor, shall be subject to review as provided in
this Agreement and in the Contract Documents.
RAIC DOCUMENT 6 - 1978
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2.5.11 The Architect shall have the authority to reject
Work which does not conform to the Contract Docu-
ments. Whenever, in the Architect's opinion, it is
necessary or advisable for the implementation of the
intent of the Contract Documents, the Architect will
have authority to require special inspection or testing
of the Work, whether or not such Work be then
fabricated, installed, or completed.
2.5.12 The Architect shall review or take other ap-
propriate action upon the Contractor's submittals such
as Shop Drawings, Product Data, and Samples, but only
for conformance with the design concept of the Work
and with the information given in the Contract Docu-
ments. Such action shall be taken with reasonable
promptness. The Architect's review of a specific item
shall not indicate acceptance of an assembly of which
the item is a component.
2.5.13 The Architect shall prepare Change Orders
for the Client's approval and execution in accordance
with the Contract Documents, and shall have authority
to order minor changes in the Work not involving an
adjustment in the Contract Price or an extension of the
Contract Time which are consistent with the intent of
the Contract Documents.
2.5.14 The Architect shall determine the Date of
Substantial Performance, shall receive and forward to
the Client for the Client's review written warranties and
related documents required by the Contract Docu-
ments and assembled by the Contractor, and shall issue
a final Certificate for Payment.
2.5.15 The extent of the duties, responsibilities, and
limitations of authority of the Architect as the Client's
representative during construction shall not be modi-
fied or extended without written consent of the Client
and the Architect.
2.6 POST-CONSTRUCTION PHASE
The Architect shall assess any reported defects or
deficiencies arising during the period of one year
following certification of Substantial Performance, and
if requested he shall inspect the Work with the Client
prior to the expiry of that period. The Architect shall
issue on behalf of the Client the necessary instructions
to the Contractor if work is required to correct such
defects or deficiencies.
2.7 CONTINUOUS REPRESENTATION AT THE SITE
2,7.1 If the Client and Architect agree that contin-
uous representation at the site is required, the Archi-
tect shall provide one or more Project Representatives
to assist the Architect in carrying out such responsi-
bi Iities.
2.7.2 Such Project Representatives shall be selected,
employed, and directed by the Architect. The duties,
responsibilities, and limitations of authority of such
Project Representatives and the compensation to the
Architect shall be as mutually agreed between the
Client and the Architect.
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2.7.3 Through the observations by such Project Rep-
resentatives, the Architect shall endeavour to provide a
further protection for the Client against defects and .,
deficiencies in the Work, but the furnishing of such
project representation shall not modify the rights,
responsibilities, or obligations of the Architect as
described in Paragraph 2.5.
2.8 ADDITIONAL SERVICES
The following Services are not included in Basic Ser-
vices unless so identified in Article 13. They shall be
provided if authorized or confirmed in writing by the
Client, and they shall be paid for by the Client as
provided in this Agreement, in addition to the com-
pensation for Basic Services.
2.8.1 Providing analyses of the Client's needs, and
programming the requirements of the Project.
2.8.2 Providing financial feasibility or other special
studies.
2.8.3 Providing planning surveys, site evaluations,
environmental studies, or comparative studies of pros-
pective sites, and preparing special surveys, studies,
and submissions required for approval of governmen-
tal authorities or others having jurisdiction over the
Project.
2.8.4 Providing services relative to future facilities,
systems, and equipment which are not intended to be _
constructed during the Construction Phase. _
2.8.5 Providing services to investigate existing condi-
tions or facilities or to make measured drawings there-
of, or to verify the accuracy of drawings or other
information furnished by the Client.
2.8.6 Preparing documents of alternate, separate, or
sequential bids or providing extra services in connec-
tion with bidding, negotiation, or construction prior to
the completion of the Construction Documents Phase,
when requested by the Client.
2.8.7 Providing coordination of Work performed by
separate contractors or by the Client's own forces.
2.8.8 Providing services in connection with the
work of a construction manager or separate consultants
retained by the Client.
2.8.9 Providing Detailed Estimates of Construction
Cost, analyses of owning and operating costs, or
detailed quantity surveys or inventories of material,
equipment, and labor.
2.8.10 Providing interior design and other similar
services required for or in connection with the selec-
tion, procurement, or installation of furniture, fur-
nishings, and related equipment.
2.8.11 Providing services for planning tenant or rent-
al spaces.
2.8.12 Making revisions in Drawings, Specifications, _
or other documents when such revisions are incon- _
sistent with written approvals or instructions previously
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given, when such revisions are required by the enact-
ment or revision of codes, laws, or regulations sub-
sequent to the preparation of such documents, or
when such revisions are due to other causes not solely
within the control of the Architect.
2.8.13 Preparing Drawings, Specifications, and sup-
porting data and providing other services in connec-
tion with Change Orders to the extent that the adjust-
ment in the Basic Compensation resulting from the
adjusted Construction Cost is not commensurate with
the services required of the Architect, provided such
Change Orders are required by causes not solely within
the control of the Architect.
2.8.14 Making investigations, surveys, valuations, in-
ventories, or detailed appraisals of existing facilities,
and providing services required in connection with
construction performed by the Client.
2.8.15 Providing consultation concerning replace-
ment of any Work damaged by fire or other cause
during construction, and furnishing services as may be
required in connection with the replacement of such
Work.
2.8.16 Providing services made necessary by the
default of the Contractor, or by major defects or
deficiencies in the Work of the Contractor, or by failure
of performance by either the Client or Contractor
under the Contract for Construction.
2.8.17 Preparing a set of reproducible record
drawings showing significant changes in the Work
made during construction based on marked-up prints,
drawings, and other data furnished by the Contractor
to the Architect. The Architect shall not be held
responsible for the accuracy of the information pro-
vided by the Contractor.
2.8.18 Providing extensive assistance in the utiliza-
tion of any equipment or system such as initial start-up
or testing, adjusting and balancing, preparation of
operation and maintenance manuals, training person-
nel for operation and maintenance, and consultation
during operation.
2.8.19 Providing services after expiry ofthe period of
one year following certification of Substantial Perfor-
mance.
2.8.20 Preparing to serve or serving as witness in
connection with any public hearing, arbitration pro-
ceeding, or legal proceeding.
2.8.21 Providing services of consultants for other
than the normal architectural, structural, mechanical,
and electrical engineering services for the Project.
2.8.22 Providing translation to a language other than
the language of this Agreement.
2.8.23 Providing any other services not otherwise
included in this Agreement or not customarily fur-
nished in accordance with generally accepted archi-
tectural practice.
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ARTICLE 3
CLIENT'S RESPONSIBILITIES
3.1 The Client shall provide full information regard-
ing requirements for the Project including a program,
which shall set forth the Client's design objectives,
constraints, and criteria, including space requirements
and relationships, flexibility and expandability, special
equipment and systems, and site requirements.
3.2 The Client's Project Budget shall include con-
tingencies for bidding, changes in the Work during
construction, and other costs which are the responsi-
bility of the Client, including those described in this
Article 3. The Client shall, at the request of the
Architect, provide a statement of funds available for the
Project, and their source.
3.3 The Client shall designate, when necessary, a
representative authorized to act in the Client's behalf
with respect to the Project. The Client or such author-
ized representative shall examine the documents sub-
mitted by the Architect and shall render decisions
pertaining thereto promptly, to avoid unreasonable
delay in the progress of the Architect's services.
3.4 The Client shall furnish a legal description and a
certified land survey of the site, giving, as applicable,
grades and lines of streets, alleys, pavements, and
adjoining property; rights-of-way, restrictions, ease-
ments, encroachments, zoning, deed restrictions,
boundaries, and contours of the site, locations, dimen-
sions, and complete data pertaining to existing build-
ings, other improvements, and trees; and full informa-
tion concerning available service and utility lines both
public and private, above and below grade, including
inverts and depths.
3.5 The Client shall furnish reports and appropriate
professional recommendations of specialist consul-
tants when deemed necessary by the Architect.
3.6 The Client shall furnish structural, mechanical,
chemical, and other laboratory tests, inspections and
reports as required by the Architect, the law, or the
Contract Documents.
3.7 The Client shall furnish all legal, accounting, and
insurance counseling services as may be necessary at
any time for the Project, including such auditing
services as the Client may require to verify the Con-
tractor's Applications for Payment or to ascertain how
or for what purposes the Contractor uses the moneys
paid by or on behalf of the Client.
3.8 The services, information, surveys, and reports
required by Paragraphs 3.4 through 3.7 inclusive shall
be furnished at the Client's expense, and the Architect
shall be entitled to rely upon their accuracy and
completeness.
3.9 Contracts for the provision of such services,
information, surveys, and reports, whether arranged by
the Client or the Architect, shall be considered direct
contracts with the Client unless explicitly provided
otherwise.
3.10 If the Client observes or otherwise becomes
aware of any fault or defect in the Project or noncon-
formance with the Contract Documents, he shall notify
the Architect promptly.
3.11 The Client shall furnish required information
and services and shall render approvals and decisions as
RAIC DOCUMENT 6 - 1978
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necessary for the orderly progress of the Architect's
services and of the Work.
ARTICLE 4
RESPONSIBILITY FOR CONSTRUCTION COST
AND ESTIMATES OF CONSTRUCTION COST
4.1 Evaluations of the Client's Project Budget, Esti-
mates of Construction Cost, and Detailed Estimates of
Construction Cost, if any, prepared by the Architect,
represent the Architect's best judgment as a design
professional familiar with the construction industry. It
is recognized, however, that neither the Architect nor
the Client has control over the cost of labor, materials,
or equipment, over the Contractor's methods of deter-
mining bid prices, or over competitive bidding, market,
or negotiating conditions. Accordingly, the Architect
cannot and does not warrant or represent that bids or
negotiated prices will not vary from the Project Budget
proposed, established, or approved, by the Client, if
any, or from any Esti mate of Construction Cost or other
cost estimate or evaluation prepared by the Architect.
4.2 No fixed limit of Construction Cost shall be
established as a condition of this Agreement by the
furnishing, proposal, or establishment of a Project
Budget under Subparagraph 2.1.2 or Paragraph 3.2 or
otherwise, unless such fixed limit has been agreed
upon in writing and signed by the parties hereto. If such
a fixed limit has been established, the Architect shall be
permitted to include contingencies for design,
bidding, and price escalation, to determine what mate-
rials, equipment, component systems, and types of
construction are to be included in the Contract Docu-
ments, to make reasonable adjustments in the scope of
the Project, and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the
fixed limit. Any such fixed limit shall be increased in the
amount of any increase in the Contract Price occurring
after execution of the Contract for Construction.
4.3 If the Bidding or Negotiation Phase has not
commenced within three months after the Architect
submits the Construction Documents to the Client, any
Project Budget or fixed limit of Construction Cost shall
be adjusted to reflect any change in the general level of
prices in the construction industry between the date of
submission of the Construction Documents to the
Client and the date on which proposals are sought.
4.4 If the Project Budget is exceeded by more than
10%, or if the fixed limit of Construction Cost (ad-
justed as provided in Paragraph 4.3) is exceeded by the
lowest bona fide bid or negotiated proposal, the Client
shall (1) give written approval of an increase in such
Project Budget or fixed limit, (2) authorize rebidding or
renegotiating of the Project within a reasonable time,
(3) if the Project is abandoned, terminate in accordance
with Paragraph 8.3, or (4) cooperate in revising the
Project scope and quality as required to reduce the
Construction Cost. In the case of (4), provided a fixed
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limit of Construction Cost has been established as a
condition of this Agreement, the Architect, without a
additional charge, shall modify the Drawings and -
Specifications as necessary to comply with the fixed
limit. The providing-of such service shall be the limit of
the Architect's responsibility arising from the establish-
ment of such fixed limit, and having done so, the
Architect shall be entitled to compensation for all other
services performed, in accordance with this Agree-
ment, whether or not the Construction Phase is com-
menced.
ARTICLE 5
PAYMENTS TO THE ARCHITECT
5.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
5.1.1 An initial payment as set forth in Paragraph 12.1
is the minimium payment under this Agreement.
5.1.2 Subsequent payments for Basic Services shall
be made monthly and shall be in proportion to services
performed within each phase of services on the basis
set forth in Article 12.
5.1.3 If and to the extent that the Contract Time
initially established in the Contract for Construction is
exceeded or extended through no fault of the Archi-
tect, compensation for any Basic Services required for a
such extended period of Administration of the Con- _
struction Contract shall be computed as set forth in
Paragraph 12.4 for Additional Services.
5.1.4 When compensation is based on a percentage
of Construction Cost, and any portions of the Project
are deleted or otherwise not constructed, compensa-
tion for such portions of the Project shall be payable to
the extent services are performed on such portions, in
accordance with the schedule set forth in Subpara-
graph 12.2.2, based on (1) the lowest bona fide bid or
negotiated proposal or, (2) if no such bid or proposal is
received, the most recent Estimate of Construction
Cost or Detailed Estimate of Construction Cost for such
portions of the Project.
5.2 PAYMENTS ON ACCOUNT OF
ADDITIONAL SERVICES
Payments on account of the Architect's Additional
Services as defined in Paragraph 2.8 and for Reimburs-
able Expenses as defined in Paragraph 5.4 shall be made
monthly upon presentation of the Architect's invoice
for services rendered or expenses incurred.
5.3 DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct
salaries of all the Architect's personnel engaged on the
Project, and the portion of the cost of their mandatory
and customary contributions and benefits related
thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, a
vacations, pensions, and similar contributions and _
benefits.
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5.4 REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the Compen-
sation for Basic and Additional Services and include
actual expenditures made by the Architect and the
Architect's employees and consultants in the interest of
the Project for the expenses listed in the following
Subparagraphs:
.1 Expense of transportation in connection with
the Project; living expenses in connection with
out-of-town travel; long distance communi-
cations and fees paid for securing approval of
authorities having jurisdiction over the Project.
.2 Expense of reproductions, postage, and
handling of Drawings, Specifications, and
other documents, excluding reproductions for
the office use of the Architect and the
Architect's consultants,
.3 Expense of data processing and photographic
production techniques when used in con-
nection with Additional Services.
.4 If authorized in advance by the Client, expense
of overtime work requiring higher than regular
rates.
.5 Expense of renderings, models, and mock-ups
requested by the Client,
.6 Expense of any additional insurance coverage
or limits, including professional liability insur-
ance, requested by the Client in excess of that
normally carried by the Architect and the
Architect's consultants.
5.5 PAYMENTS WITHHELD
No deductions shall be made from the Architect's
compensation on account of penalty, liquidated
damages, or other sums withheld from payments to
contractors, or on account of the cost of changes in the
Work other than those for which the Architect is held
legally liable.
5,6 PROJECT SUSPENSION OR ABANDONMENT
If the Project is suspended or abandoned in whole or in
part for more than three months, the Architect shall be
compensated for all services performed prior to receipt
of written notice from the Client of such suspension or
abandonment, together with Reimbursable Expenses
then due and all Termination Expenses as defined in
Article 8. If the Project is resumed after being sus-
pended for more than three months, the Architect's
compensation shall be equitably adjusted.
5.7 ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses per-
taining to Additional Services and services performed
on the basis of a Multiple of Direct Personnel Expense
shall be kept on the basis of generally accepted
accounting principles and shall be available to the
Client or the Client's authorized representative at
mutually convenient times.
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ARTICLE 6
OWNERSHIP AND USE OF DOCUMENTS
6.1 Drawings and Specifications as instruments of
service are and shall remain the property of the
Architect whether the Project for which they are made
is executed or not. The Client shall be permitted to
retain copies, including reproducible copies, of
Drawings and Specifications for information and refer-
ence in connection with the Client's use and occu-
pancy of the Project. The Drawings and Specifications
shall not be used by the Client on other projects, for
additions to this Project, or for completion of this
Project by others provided the Architect is not in
default under this Agreement, except by agreement in
writing and with appropriate compensation to thE:
Architect.
6.2 Submission or distribution to meet official
regulatory requirements or for other purposes in con-
nection with the Project is not be construed as publica-
tion in derogation of the Architect's rights.
ARTICLE 7
ARBITRATION
7.1 All matters in dispute under this Agreement may,
with the concurrence of both the Client and the
Architect, be submitted to Arbitration under the laws
of the place of thQ Project.
7.2 The parties to the Agreement may jointly appoint
a single arbitrator, or if they fail to agree on such
arbitrator, shall each appoint one nominee to a board
of arbitration. These nominees shall together agree
upon a chairman; the three persons so selected shall
constitute the board of arbitration,
7.3 The award of the arbitrator or board of arbitra-
tion shall be final and binding upon the parties.
ARTICLE 8
TERMINATION OF AGREEMENT
8.1 Unless otherwise stated in this Agreement, the
Architect's services terminate one year after certifica-
tion of Substantial Performance.
8.2 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.
8.3 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 aban-
doned.
(REVISED OAA - NOV, 2/78)
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RAIC DOCUMENT 6 - 1978
8.4 In the event of termination not the fault of the
Architect, the Architect shall be compensated for all
services performed to termination date, together with
Reimbursable Expenses then due and all Termination
Expenses as defined in Paragraph 8.5.
8.5 Termination Expenses include expenses directly
attributable to suspension or termination for which the
Architect is not otherwise compensated, and in addi-
tion, an amount computed as a percentage of the total
Basic and Additional Compensation earned to the time
of termination, as follows:
.1 Twenty percent if suspension or termination
occurs during the Schematic Design Phase; or
.2 Ten percent if suspension or termination oc-
curs during the Design Development Phase; or
.3 Five percent if suspension or termination oc-
curs during any subsequent phase.
ARTICLE 9
LAW GOVERNING THE AGREEMENT
Unless otherwise specified, this Agreement shall be
governed by the law of the place of the Project.
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ARTICLE 10
SUCCESSORS AND ASSIGNS
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The Client and the Architect, respectively, bind them-
selves, their partners, successors, assigns, and legal
representatives to the other party to this Agreement
and to the partners, successors, assigns, and legal
representatives of such other party with respect to all
covenants of this Agreement. Neither the Client nor
the Architect shall assign, sublet, or transfer any interest
in this Agreement without the written consent of the
other.
ARTICLE 11
EXTENT OF AGREEMENT
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 instrument signed by both
Client and Architect.
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ARTICLE 12
BASIS OF COMPENSATION
The client shall compensate the Architect for the Scope of Services provided, in accordance with Article 5,
Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows:
12,1 AN INITIAL PAYMENT of dollars ($
shall be made upon execution of this Agreement and credited to the Client's account as follows:
12.2
12.2.1
BASIC COMPENSATION
FOR BASIC SERVICES, as described in Paragraphs 2.1 through 2.6, and any other services set out in Article
13 as part of Basic Services, Basic Compensation shall be computed as follows:
(Here insert basis of compensation, including fixed amounts, multiples. or percentages. and identify Phases to which particular methods of compensation
apply. if necessary.)
In accordance with rrq letter dated May 15, 1980:
Nine percent ot the budget estimate ot one hundred
and t.ent7 thousand dollars tor a total tixed amount
ot ten thousand eight hundred dollars.
12.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for
Basic Services shall be made as provided in Subparagraph 5.1.2, so that Basic Compensation for each phase
shall equal the following percentages of the total Basic Compensation payable:
(Include any additional Phases as appropriate,)
Schematic Design Phase: ~fXXXXXX~)
Design Development phase: ~q~:x.XXXXX~)
Construction Documents Phase: ~lCXXXXXXS)
Bidding or Negotiation Phase: percent (75 %)
Construction Phase: percent (?c:; %)
Post-construction Phase: ~:tqcxX~XX~)
12,3 FOR CONTINUOUS REPRESENTATION AT THE SITE, as described in Paragraph 2.7, Compensation shall
be computed separately in accordance with Subparagraph 2.7.2
RAIC DOCUMENT 6 - 1978
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COMPENSATION FOR ADDITIONAL SERVICES
FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 2.8, and any other servo es .
included in Article 13 as part of Additional Services, but excluding Additional Services of consul nts,
ompensation shall be computed as follows:
Here, in rt basis of compensation, including rates and/or multiples of Direct Personnel Expenses for Principals and employees, and identify
classify e loyees, if required, Identify specific services to which particular methods of compensation apply; if necessary.)
4.1~
12.4.2 FOR ADDITIONAL SERVICES OF CONSUL TA S, including additional structural, mechanical, and
electrical engineering services and those provi d nder Subparagraph 2.8.21 or identified in Article 13 as
part of Additional Services, compensation sh be co puted as a multiple of
) times the amounts billed to th' Architect or such services.
(Identify specific types of consultants in Article 13, if equired)
12.5
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FOR REIMBURSABLE EXPENSES, as escribed in Article 5, a~ any other items included in Article 13 as
Reimbursable Expenses, compen tion shall be computed as a~ultiple of
( ) times the amounts pended by the Architect, the Architect's employees, and consultants in
the interest of the Project. /
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Payments due the Archite and unpaid under this Agreement shall b ar interest from 30 days after the
date payment is due at e annual rate entered below, or in the abs ce thereof, at the prime rate
prevailing at any char red bank at the principal place of business of th Architect plus two percent.
12.6
(Federal and Provincial sta tes and regulations at the Client's and Architect's principal places of business, the location 0 the Project and elsewhere may
affect the validity of this rovision, Specific legal advice should be obtained with respect to deletion, modification, or othe requirements such as written
disclosures or waivers,
12.7 and the Architect agree in accordance with the Terms and Conditions of this
12,7.1 IF T E SCOPE of the Project or the Architect's Services is changed materially, the
co pensation shall be equitably adjusted.
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F THE SERVICES covered by this Agreement have not been completed within
( ) months of the date hereof, through no fault of the Architect, the amounts of compensatl _
rates, and multiples set forth herein shall be equitably adjusted. .
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ARTICLE 13
OTHER CONDITIONS OF SERVICES
RAIC DOCUMENT 6 - 1978
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This Agreement entered into as of the day and year first written above.
CLIENT
Corporation of the Town of
Newcastle, 40 Temperance Street
Buwmanvil1e, Ontario
B'(.,-~ ~~~~~/ tj ~r/
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A~~JtCRobertson, Architect
3 Acadia Drive
Cobourg, Ontario
Bq~~~
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