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HomeMy WebLinkAbout94-162 . . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 94-162 being a by-law to authorize the execution of an agreement between Barry Bryan Associates Limited and The Corporation of The Municipality of Clarington THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON 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's seal, an agreement between Barry Bryan Associations Limited and the Municipality. 2. THAT the agreement attached hereto as Schedule "A" forms part of this By-law. By-law read a first and second time this 11th day of October 1994. By-law read a third time and finally passed this 11th day of October 1994. h~~~ Mayor I I I I I II II I Canadian Stan(fard... Form of Agreement Between Client and Architect Abbreviated Version DOCUMENT SEVEN I II I I II I I II I II I I 1989 Edition COMMITTEE OF CANADIAN ARCHITECTURAL COUNCILS Revised 1993 q4//~ d-. This document has been endorsed by the following member associations of the Committee of Canadian Architectural Councils (CCAC): Architectural Institute of British Columbia Alberta Association of Architects Saskatchewan Association of Architects Manitoba Association of Architects Ontario Association of Architects Architects Association of New Brunswick Nova Scotia Association of Architects Architects Association of Prince Edward Island Newfoundland Association of Architects Royal Architectural Institute of Canada Enquiries should be directed to: Practice Affairs Committee of Canadian Architectural Councils Suite 330, 55 Murray Street Ottawa, Ontario KIN 5M3 Canadian Standard Form ofAgJ:.cement between Client and Architect Abbreviated Version DOCUMENT SEVEN Contents Agreement Between Client and Architect Definitions Responsibilities 2.1 Architect's Services & Client's Responsibilities 2.2 Statutes, Regulations, Codes & By-Laws 2.3 Estimates of Construction Cost 2.4 Additional Services 2.5 Client Information 3. General Conditions 3.1 Copyright and Use of Documents 3.2 Liability of the Architect 3.3 Project Suspension or Abandonment 3.4 Termination 3.5 Extent of Agreement 4. Professional Fees and Reimbursable Expenses 4.1 Professional Fees 4.2 Initial Payment 4.3 Percentage Based or Fixed Fee and Hourly Rates 4.4 Calculating Percentage Based Fees 4.5 Schedule of Payments 4.6 Additional Services 4.7 Reimbursable Expenses 4.8 Changes & Adjustments 4.9 Interest 5. Other Conditions 1. 2. Schedule "A" Schedule of Architect's Services and Client's Responsibilities CCAC Copyright 1989, and 1993 Must not be copied in whole or in part without the written permission of CCAC. I I 1989 Edition Revised 1993 I I II I II I I I I I I I I I ,I I I I I I I I I I I I I I I I I I I I I I I I Canadian Standard Form of Agreement Between Client and Architect Abbreviated Version DOCUMENT SEVEN 1989 Edition Revised 1993 Agreement made as of the 9th nineteen hundred and day of November ninety-four. in the year of Between the Client: (Include name and address) The Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LIC 3A6 and the Architect: (Include name and address) Barry-Bryan Associates (1991) Limited 11 Stanley Court Unit 1 Whitby, Ontario LIN 8P9 For the following Project: (Include name, address and description) New Court ice Community Centre 33 Acres with frontage on Highway #2, Nash Road and Court ice Road Municipality of Clarington The Client and the Architect agree as set forth in the following terms and conditions. I 1. DefInitions I Construction Budget Construction Cost Construction Documents Design Development Documents General Review Schematic Design Documents Bank Rate 1.1 1.2 1.3 1.4 1.5 1.6 1.7 The Construction Budget is the Client's estimated Construction Cost including contingencies for cost increases. I Construction Cost means the contract price(s) of the Project designed or specified by or on behalf of the Architect, including all applicable taxes whether recoverable or not. Where there is no contract price for all or part of the Project, the Construction Cost shall be the estimated cost at market rates at the estimated time of construction as determined by the Architect. Construction Cost does not include the compensation of the Architect and the Architect's consultants, the land cost, or other costs which are the responsibility of the Client. In the event that the Client furnishes labour or material below market cost or when old materials are re-used, the Construc- tion Cost for purposes of establishing the fee, is the cost of all materials and labour necessary to complete the work as if all materials had been new and as if all 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 estimated time of construction. I I , ~ ';;; , .... \..) i ~ I \j . .... . - ~ . . a I Construction Documents consist of drawings and specifications setting forth in detail the requirements for the construction of the Project. Design Development Documents consist 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 the Architectural, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate. General Review means an examination of the Project at intervals appropriate to the stage of construction which the Architect considers necessary to determine whether the construction is in general conformity with the contract documents and reporting thereon. 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. Bank Rate means the bank rate established by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to the chartered banks. Revisions 1991 1. 7 Bank Rate added Revisions 1993 1.2 J '& ~I I I I Responsibilities I The Architect's services and Client's responsibilities are as set out in Schedule "A" attached herewith, I I I , ';;; i If the Architec rovides assistance to the Client in applying for the necessary appro Is, the Client acknowledges that the Architect cannot guarantee the' issuance nor predict the time required to obtain the required consents, provals, licenses and permits, Where the Architect prepar estimates of the Construction Cost for the Client, the Architect doe not warrant the accuracy of such estimates as matters of cost are be nd the Architect's control. For the acceptance of the Client, the Archite shall review and revise these estimates as the preparation of drawing nd specifications proceeds, ..... I "1:S - . ..... . "'i . . . \j I In the event that the Architect makes re 'sions to or provides additional drawings, specifications or other d uments when such revisions or additions are: (a) inconsistent with written approvals or instruct ns previously given, (b) required by the enactment or revisions of statutes, re ulations, codes or by-laws, (c) due to the interpretation of the authorities having jurisdi 'on differing from the Architect's interpretation of statutes, regulation codes and by-laws in such a way as the Architect cannot reasonably anticipate, (d) due to other causes beyond the control of the Architect, or (e) not contemplated in Schedule "A", such services shall be considered as additional services and shall be provided only with the written authorization of the Client. 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 contracts 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 I "& I~ I Revisions 23 2. 2.1 Architect's Services and Client's Responsibilities Regulations, Codes & By-Laws 2.2.2 2.3 Estimates of Construction Cost 2.4 Additional Services 2.5 3. Copyright and Use of Documents 3.1.1 3.1.2 Hazardous Materials 3.2.2 Project Suspension or Abandonment 3.3.1 Termination 3.4.1 General Conditions Plans, sketches, drawings, graphic representations and specifica- tions, including those which are computer generated, as instruments of the Architect's 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 plans, sketches, drawings, graphic represen- tations and specifications for information and reference in connec- tion with the Client's use and occupancy of the Project. Except for reference purposes, the plans, sketches, drawings, graphic represen- tations and specifications shall not be used for additions or alterations to the Project or on any other project. As a condition precedent to the use by the Client of the plans, sketches, drawings, graphic represen- tations and specifications for the Project, all fees and reimbursable expenses of the Architect are required to be paid in full. The Client shall be entitled to keep original models or architectural renderings the Client directly commissions. the Architect to the Client under this Agreement, the Client agrees that any and all claims which the Client has or hereafter may have against he Architect in any way arising out of or related to the Architect's duties esponsibilities pursuant to this Agreement (hereinafter referred to in t 1 . Ie 3. as "claims" or "claim"), whether such t claims sound in contract or 1 shall be limited to the amount of $250,000.00. The Architect in this paragr cludes officers, direc- j~ (l to,-" Mchitee", his oc het employee" tepte,entau d eon,ult- U ~ Unless otherwise provided in this Agreement, the Architect and the ' tfA Architect's consultants shall have no responsibility for the discovery, n.J 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 asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. 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 Architect shall be compensated within 30 days of the date that an invoice is rendered for all services performed, together with reimbursable expenses then due. If the 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 Architect's fee shall be equitably adjusted. Unless otherwise stated in this Agreement, the Architect's services terminate one year after certification of substantial performance. For services required following expiry of the period of one year after certification of substantial performance, the Client shall arrange with the Architect for services as provided under paragraph 2.4. Revisions 1991 3.2.4 and 3.2.5 3.2.6 revised, 3.2.7 added Revisions 1993 3.1.1 and 3.1.2 3.2.1 3.2.2 to 3.2.6 deleted 3.2.7 is renumbered as 3.2.2 I I I I I , ~ .;::; J ..... \"J i "l::i ) \j . ..... , I ~ . . Cj I J '& ~I I I I 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. I I 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. I In the event of termination, the Architect shall be compensated within 30 days of the date that an invoice is rendered for all services performed to the termination date, together with reimbursable expenses then due. Ig , .;:; , ... \,.) II "\:S ;:: - II 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. Professional Fees and Reimbursable Expenses The Client shall pay professional fees and reimbursable expenses to the Architect when invoices are rendered as set forth in this article. upon exe f this agreement. The payment shall be credited to the Client's account as 0 A percentage fee as defined in 4.4.1 of and/or 3.4.2 3.4.3 3.4.4 3.5.1 Extent of Agreement 4. 4.1 Payment 4.3.1 Percentage Based or ~ (l Fixed Fee "\ft) Hourly d'J" H A fixed fee of $ Estimated Professional Fees $44,000 and Estimated Disbursements $4,000 not to betf;\) exceeded without Clients approval in writing. ~ /?3 ... ;:: II ~ 'C> Ij Hourly Rates: Principals Principal $ 110.00 $ ~ I V'J ;:: I (5 Staff Senior Architect/Engineer $ $ $ $ $ 90.00 Sf'nior Df'siEnf'r RO 00 Proiect Co-Ordinator 45.00 48.00 38.00 I Senior Draftsperson Clerical l 'C> I~ TOtal :Not to E~(ceed $ v{ithout Client's appruHtl iA writing. Revisions 1991 3.4.3,3.4.4, 4.2.1 4.2.2 to 4.2.4 (relocated) 4.3.1 Revisions 1993 4.2 added I 4.3.2 4.3.3 4.3.4 4.4.2 Schedule of Payments 4.5 Additional Services 4.6 Reimbursable Expenses 4.7 applicable portion of the fee for each phase of the services shall be calculated on the following: Schematic Design Phase: the mutually agreed Construction Budget at the commencement of the phase. Design Development Phase: the approved estimate of Construction Cost at the commencement of the phase. Construction Documents Phase: the approved estimate of Construc- tion Cost at the commencement of the phase. Bidding or Negotiation Phase: the approved estimate of the Construc- tion Cost at the commencement of the phase. Construction Phase - Contract Administration: the actual Construc- t! Cost. When . voices are issued on a monthly basis where the fees are percenta based or a fixed fee, the amounts invoiced shall be in proportion t the services performed within the phases listed below in the "Schedu of Payments". The fee for the Archi cts services shall be apportioned to the phases of service as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase - Contract Administration TOTAL: or or or or or or $ I I I I % % I . , ..... i ~ J \j J ..... ) ) J . \j I % % % 100% When revisions or additions are made to the program f requirements or previously approved documents prepared by the chitect and such revisions or additions require services beyond tho already provided, the fee for such additional services shall be base n the hourly rates in paragraph 4.3.2 or as otherwise mutually agreed 'th rP2 The Client shall pay the Architect for reimbursable expenses in addition to the Architect's professional fees, which shall include the 'dl-.. actual expenditures of the Architect and the Architect's employees r ~ and consultants in the interest of the Project, plus 1 0 % of such actual expenditures, as follows: Revisions 1991 4.6, 4.7.2, 4.7.3 Revisions 1993 4.3 to 4.9 renumbered 4.4.1 (1993), 4.5 (1993) 4.6 (1993), 4.7(1993) J '& I I 1 1 (a) the expense of transportation in connection with the Project for authorized travel, including transportation, lodging and meals; (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, excluuing reproductions for the Architect's and the Architect's consultants' office use. I I 1 If through no fault of the Architect, the services covered by this Agreement have not been completed within 16 months after the date of this Agreement, the amolln.ts of cc:npensatlQn as set out in this Agreement shall be renegotiated. I.~ ~ .... Il .;:; ~ ~ 11 ~ ... '- oJ:! I~ .. <:i ... I~ l:: ~ I~ l:: ~ ;: I~ ~ "& ~ I~ ~ ~ I~ 1::\ ~ I~ 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. Fees and reimbursable expenses may be subject to such value added taxes as the Federal Goods and Services Tax. The Client shall pay to the Architect, togethlcr with and in addition to any fees and reimbursable expeo,;ies that become payable, any value added taxes that become payable in relation to the fees and reimbursable expenses as required by legislation. Unpaid accounts shall bear interest at 3% per annum above the Bank Rate 30 days after the date that the invoice for fees, reimbursable expenses and applicable taxes has been rendered by the Architect. {.I'f1j!'f.."T' [l'U' n'f.!'j,jt:i.!J' L';JJ'!i41i:>~' ';;J:J.fJ rygJ.J!JJ:jt:FJ:.: tJS s19,;:.,' CUtJ:l1's tJ,J.5l 61.'re-klJ"1t-:s's jr"H'!}.'''' pt.',.".. .{ L'/Ifi'J...T, Ifill '",."uli. 'j fJ/lbl D",,:!.:!."I WU/I/I.;"I/U'VI/"O J.'ji/j' i!/fiw '~'I/ b./Udil) ~/ JhiJ p, '>bi.ibl." S'pc~ij,c 1\.'8.// (.j.lbi<J~ :ilj;JtdJ b.. I:Jblt/ilkJ li-ilh ,~jj:Jcl::l /" !Ullu'h"J, '''GHhJJf:;IJ'iw'JJ ~ "f. 'l~f.'" '~l'lJi"f:1'JHJ'J\r fJJf.-{? i'f lJ."-jtt("J ,-'h:L"b!'lJ ,.~. Ii'- bLiJi! 1d:"b.) I I~ " 1 Revisions 1991 4.8 Revisions 1993 4.8.1(993), 4.9 (993) 1 4.8.1 Changes & Adjustments 4.8.2 Taxes 4.8.3 4.9 Interest LJqJ ~$ 5. Other Conditions I I Refer to Schedule 'A' attached. ~~ I I I I .~ ~ , ~ ~ . <:::i I Ci; Sl I . o - I <:::i I I '. This Agreement entered into as of the da y and year first above written. Client Th~ ~orporation of the Mlmicipality of Clarington by Barry-Bryan Associates (1991) Limited , I I I '^~I I I I I I I I I I I I I I I I I I SCHEDULE 'AI The Architect's scope of services is as outlined in: 1. The Municipality of Clarington's "Request for Invitation for Project Co-Ordinator RFP94-4" dated July 21, 1994 (copy attached) . 2. Barry · Bryan Associates (1991) Limited letter proposal dated September 28, 1994 (copy attached). ,:,:.,:. I' I I I I I I I I I I I I I I I I I I _efa;r;;;;i;n ONTARIO July 21, 1994 (') /"'-' /'~:' .'''" ., ;.0.'. ., (, ".". f 1"\ - 7: \, !.. '!I '/'t1o ~j::; Hi tl IV R; 'f. :~~ r. ~/" J~~ t!:-m':'~~ JUL 2 i) '994 Barry Bryan Associates 11 Stanley Court Whitby, Ontario LIN 8P9 Pi"'" , I)"t' ,",I {;\"Jt~ !.ir:';;u:u Dear Sir: RE: RFP94-4. REQUEST FOR INVITATION FOR PROJECT COORDINATOR The Municipality of Clarington has ownership of a Thirty-three acre site on the northwest comer of Highway Two and Courtice Road. This site is proposed to accommodate a family leisure centre with a community library and indoor swimming pool as the main features. While the actual design and construction of the proposed centre will be tendered by the Municipality using the traditional method, the purpose of this proposal is to retain a project coordinator to represent the Municipality throughout the term of the project. This project is funded by the Canada-Ontario Infrastructure Program and is shared by the Federal Government, the Province of Ontario and the Municipality of Clarington. Contract By acceptance of this Contract, neither the Project Manager/Consultant, nor any person, firm or corporation associated or affiliated with or subsidiary to same shall tender for the subsequent tender for architectural services of the Complex or have an interest either directly or indirectly in the design and or construction. Time A report to Council is slated for Monday, September 19, 1994, for approval of the preferred project coordinator and architectural firm for the project. It is anticipated that Council will accept the report and implement the project as set out in the Critical Path. Key points in the critical path are: Tender Call for Construction Expected Occupancy April 1995 October 1996 .. ./2 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE .ONTARIO. L1C 3A6. (905) 623.3379' FAX 623.4169 @ RfC'fCLEn pAPrn I' I I I I I I I I I I I I I I I I I I - 2 - Fees The service to be provided for this fee is as follows: 1. Analysis and commentary on suitability of design proposals and tender documents. 2. On site inspections and attendance at site meetings during the construction of the work to verify day to day progress, budget and work schedule conformance. 3. Investigating, reporting and recommending on a regular basis unusual circumstances which may arise during construction. 4. Approval of the final inspection and deficiency list. 5. Final review of Overall system after twelve months of operation. Review of as built drawings, warrants and guarantees. Evaluation of Submissions Bidders are advised that only complete submissions will be reviewed and evaluated. Proponents may be requested to provide additional information during the review period. The evaluation criteria will include but not be limited to the following: 1. Architectural and Engineering firm's relevant coordination. 2. Compliance with proposal call requirement. 3. Total consulting fee (per month fee). 4. Experience with Recreation facilities would be considered an asset. Submission Requirements Proponents are requested to submit 6 bound pages of the following information. Failure to do so may result in the rejection of the submission. 1) A brief hisistory>f the firm and a description of services coordination provided to clients. Indicate client name, address, telephone number and contact person. .. ./3 I I I I I I I I I I I I I I I I I I I - 3 - 2) List of firm's principals. 3) Three client references for recently complete projects. 4) Identification of personnel to supervise project. Closing Time and Date - 2:00 p.m., August 12, 1994 Scope of Project Overall Area 41,000 square feet Components 25 metre leisure pool community library community hall fitness centre 2 squash courts Proposed Budget $95.00 to $105.00 per square foot Anticipated Opening Summer 1996 33 acre total with valleyland site abutting two public schools, frontage on Highway #2 road exposure - 73 metres on Nash Road - 44 metres on Courtice Road Location Recreation Programming activities to focus on attracting all age groups Yours truly, ./\/ ....... t o__tt;., ~~~-;!J~ c~ ,Jl'-..JL.. ~. . (U;~'~~Lc~. ''-..; ,^'- >>,,-,,,-,.....'7-'~ .' . ~~~ Lou Ann Birkett, A.M.C.T.(A) Purchasing and Supply Agent LAB*ld I I I I I I I I I ~I I I I I I ,I I I I BARRY. BRYAN ASSOCIATES (1991) LIMITED · ARCHITECT · ENGINEER · PROJECT MANAGERS 11 Stanley Court Whitby, Ontario L 1 N BP9 Telephone (905) 666-5252 Fax (905) 666-5256 September 28, 1994 Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Attention: Mr. Fred Horvath Re: RFP94-4 Request for Invitation for Project Co-ordinator Dear Mr. Horvath: Thank you for meeting with me on September 28, 1994 to follow up on our interview of September 16, 1994 and our Proposal of August 12, 1994. At our meeting you were presented with a scope of work dated September 20, 1994 to more precisely define the pre-construction design services and construction review services. These services can be summarized from the scope of work as follows: A. Pre-Construction Design Review Services: 1. Attend project public meetings (assume three) and Council meeting presentations (assume two). 2. Review tender documents to ensure compliance, economic, operational suitability, etc. 3. Evaluate the components of the proposed design - assist in selection of finishes. 4. Attend and participate in pre-construction and construction meetings. B. Services During Construction: 1. Review Architect's Certificate of payment. 2. Make recommendations to the Municipality in regards to the acceptability and impact of changes to the Centre. 3. Assist Architect and Contractor in resolving disputes and problems. 4. Work with all parties to ensure that decisions and approvals are received in a timely fashion. @ I I I I I I I I I I I 1 I I I I I I "~I Page 2 5. Provide written monthly reports on progress, issues, cost, etc. 6. Work with Architect to identify deficiencies. 7. Ensure that all inspections are completed, permits and approvals are secured prior to occupation. 8. Conduct regular field investigations. 9. Receive and review 'as-built' drawings. 10. Prepare warranty item summary following substantial performance. In preparing our estimate we have assumed an approximate period for construction of thirteen (13) months. Proposed Fee: We estimate the fee for the above noted services based on the previously quoted hourly rates to be about $42,000 to $46,000. As discussed we will invoice on an hourly basis for time spent. Not included in the above estimate are the following: Increase in the scope of work as described. Disbursement charges for photocopies and print reproduction, CAD plots, photographs, long distance telephone calls, employee mileage, facsimile service, courier service and other out-of-pocket expenses. Goods and Services Tax For your project budgeting we estimate an additional disbursement allowance of $4,000.00 should be allowed for disbursements. Thank you again for considering Barry · Bryan Associates for provision of these services. Please call me if you have any questions. Yours very truly, D.L. Bryan, P. Eng., OM DLB/dt @ BARRY. BRYAN ASSOCIATES (1991) LIMITED I 1989 Edition Revised 1993 I I I I I I, I. I I I I I I