HomeMy WebLinkAbout94-162
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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
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Canadian Stan(fard...
Form of Agreement
Between Client
and Architect
Abbreviated Version
DOCUMENT SEVEN
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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.
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1989 Edition
Revised 1993
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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.
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1.
DefInitions
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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.
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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.
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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
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Responsibilities
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The Architect's services and Client's responsibilities are as set out in
Schedule "A" attached herewith,
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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,
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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
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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
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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.
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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.
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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.
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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. ~
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Hourly Rates:
Principals
Principal
$ 110.00
$
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Staff
Senior Architect/Engineer
$
$
$
$
$
90.00
Sf'nior Df'siEnf'r
RO 00
Proiect Co-Ordinator
45.00
48.00
38.00
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Senior Draftsperson
Clerical
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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
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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
$
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%
%
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)
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(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.
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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.
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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.
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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.)
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Revisions 1991
4.8
Revisions 1993
4.8.1(993), 4.9 (993)
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4.8.1
Changes &
Adjustments
4.8.2 Taxes
4.8.3
4.9 Interest
LJqJ
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5.
Other Conditions
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Refer to Schedule 'A' attached.
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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
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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).
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_efa;r;;;;i;n
ONTARIO
July 21, 1994
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JUL 2 i) '994
Barry Bryan Associates
11 Stanley Court
Whitby, Ontario
LIN 8P9
Pi"'"
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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
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CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE .ONTARIO. L1C 3A6. (905) 623.3379' FAX 623.4169
@
RfC'fCLEn pAPrn
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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.
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- 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,
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Purchasing and Supply Agent
LAB*ld
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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.
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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
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1989 Edition
Revised 1993
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