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HomeMy WebLinkAbout05 165 Architectural Agree e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCAþINE BY-LAW NO. 2005 - 165 BEING A BY-LAW TO AUTHORIZE THE SIGNING OF AN A~HITECTURAL AGREEMENT FOR THE PROVISION OF COMPLETE D SIGN AND SUPERVISION SERVICES FOR THE CONSTRUCTION OF A TOURISM AND INFORMATION BUILDING FOR THE MUNICIPALITY OF I(INCARDINE (The Ventin Group Architects Inc.) WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 Section 11 (2) provides that lower-tier municipalities may pass by-laws within the sphere j of jurisdiction of culture, parks, recreation and heritage; AND WHEREAS pursuant to the said Municipal Act, Sections 8] and 9 (1) provide municipalities with powers of a natural person to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues; , AND WHEREAS the Council for The Corporation of the Munici~ality of Kincardine deems it advisable to construct a Tourism and Inform~tion Building to accommodate the tourism needs within the Municipality; I i AND WHEREAS the Council for The Corporation of the MuniCi~ality of Kincardine deems it necessary to hire an architectural firm to desig~ a Tourism and Information Building for the Municipality of Kincardine and to supervise its construction; , AND WHEREAS the Council for The Corporation of the MUniC¡' ' ality of Kincardine deems it expedient to accept the expression of interest as resented by The Ventin Group Architects Inc. at the tendered amount of 7.5 Q of the completed project costs as authorized by the Council for the Corporation lof the Municipality of Kincardine ; NOW THEREFORE the Council for The Corporation of t~e Municipality of Kincardine ENACTS as follows: i 1. That The Corporation of the Municipality of Kincardir,e enter into an architectural agreement with The Ventin Group Architects I~c. for the provision of design and supervision services for a Tourism and Infcjrmation building in the Municipality at a cost of 7.5% of the completed project \:osts as authorized by Council. 2. That the Mayor and CAO be authorized to sign, on behalf jOf The Corporation of the Municipality of Kincardine, the architectural agreem,nt with The Ventin Group Architects Inc., attached to this by-law as Schedule 'IA". 3. This by-law shall come into full force and effect subject to t~e agreement being reviewed and approved by the municipal solicitor. ! . .. /2 e e e e Page 2 Tourism, Info Building Architectural Agreement By-I w By~law No. 2005 - 165 4. This by-law may be cited as the "Tourism, Info Build n9 Architectural Agreement (Ventin Group) By-law". I READ a FIRST, SECOND and THIRD TIME and FINALLY PASþED this 5th day of October, 2005. ):l~.J<. A Mayor r L... Clerk 6 Other Conditions 'Ibis Is SdIecIg1e ·ll·tD~ ~ No.~¡¿~lJlltI..~_ ; of 2CIQ¡::S:""' ~ " i!I - ..so ~ '<: .,. ~ ~ " .¡¡ \3 Municipality of ...J-' ~."< "~ð"..il / c....1"\ c..> I Witness c.iJ>"""", f ~ Kincardine .Jj{~ A fYì 0.,,/ (> r- ~ ~ ~ " " ¡; ~ ~ 'õ> Ë &: ~ ~ " ~ ,;; " .;} .,. ~ " ð This Agreement entered into as of the day and year first above written. Client The Corporation of the Group Ltd., Architects -= ~~f Ie .... 'õ> Ie .... 13 i!I ~ '<: ] ~ ~ " ~ \j " j Unless otherwise stated in this Agreement, the Architect's services terminate one year after certification of Substantial Performance of ~'''._ If dd:ðd:Æ 2Î.Û1T œs .!! .~~ be tel!!! . .-tetf by either party upon not less than seven dafl$j~!!]!1...!:!2!!£~.!hpyld the other party fail substan- tially to perform in accordance with its terms through no fault of th~ p~~T ;nitiatin!i thp tF'rmin-¡¡Jtion. ~;) 10'(;.;-1 This Agreement may be terminated by the Çlient upon at least seven days' written notice to the Arclûtect in the event that the Project is permanently abandoned. In the event of termination, the Arclûtect shall be paid within 30 days of the date that an invoice is submitted for all services performed to the effective termination date, together with reimbursable expenses and applicable taxes then due and all termination expenses as defmed in paragraph 5.7.5. Termination expenses mean expenses directly attributable to 5.7.5 suspension or abandonment of the Project or termination of this Agreement for which the ArcIûtect is not otherwise compensated. ,.¡wli JÍIX x~ XIX xmOlUl1l: xœœ.j1[lJIQI:k_JII'II'al:lDJ!ag<Z: JOi<1XœJtatm xf'lediox fueJaW.dJt )¡:<3t's Jbxsia: æraœx Jllldr :rrlriit..,.,,.I=lWiœsr """"""'¡x Jd:QI Jl:biExtirR", IOmremòloaûDID.,xæxfiDJia¡¡¡m: J!iIt x Ilwienlo/XPlf:l:oeJIl1Ki£ :Easp..........YnrJltlll'JR1tœj¡ioux I!>OCX1JXSJ!dmi¡¡¡S fuex .....,.."'''''IeJ<<ÌPEi!!1'' ¡PÌ1:i11S1t;XOUX J!II¡¡ x IBlXjJafœlltl: :lfxSl.J ¡¡JEDSÏII1:t'J[]f m"""¡œm_Q: JI:It<XlXSt JdmID1¡; t Jhex ¡j~~QI ¡¡~<!m~;X¡J¡% * x i'iJleXpemem1Xii rJ..IS]liemiX>1D. m IellllillII!imlJl:ltQllJfSr~JI¡¢xsex J\J'b1!aqXlImtJ!til JIbrac l!iœJ ¡JI~QI ¡¡¡pmaIJX JlkalSU 5.7.1 i 5.7,2 5.7.3. I 5·7.41 i Unless otherwise specified, this Agreement shall be governed by the 5.8.1 law. of the principal place of business of the Architect. ~ " I ~ 'õ> Ë &: ~ ~ " ,!! '" " ~ ~ " ð The Çlient and the Architect, respectively bind themselves, their 5.9.1 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. Except as otherwise provided herein, neither the Client nor the Architect shall assign, sublet,; Or transfer an interest in this Agreement without "the written tonsent of the other. This Agreement represents the entire and integrated Agreement 5,10.1 between the Client and the Arclûtect and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only in writing signed by both Client and Architect. i'.._ Ie .... 'õ> :Q 5.7 Termination 5.8 Law Governing This Agreement 5.9 Successors and Assigns 5.10 Extent of Agreement Schedule A Fees and Reimbursable Expenses The Çlient shall pay fees and reimbursable expenses to the Architect when invoices are submitted as set forth below: Al INIl1AL PAYMENT A1.l 'N/A The' Client shall pay an initial amount of dollars ($ N I A ) upon execution of this Agreement. The payment shall be credited to the Client's account at final payment. A2 FEE FOR SERVICES A2.l The fee for the Architect's basic services shall be computed as follows; (Here, insert basis of fees, including fixed amounts, hourly rates, multiples of direct per.;onnel expense, or percen- tages, and identify phases to which particular fee calculations apply, if necessary.) ~ ~ ..so ~ '<: ~ ~ j t3 " ~ ~ ~ ¡¡ J 'õ> ~ ~ 'I:'! i ~ s: 1 ð -7.5% of estimated Construction Budget of $500,000.00 based on the scope of work as indicated in the attached "Shedule "A" Design Criteria, Tourism and Information Building" from the Expression of Interest. -G.S.T. to be added to this fee. -Disbursements invoiced at cost. -Notwithstanding any other provision of this Agreement, the amount payable to the Architect shall not exceed $37,500.00 plus GST and disbursements. provided that the construction budget of $500,000.00 is maintained. A2.2 If through no fault of the Arclûtect, the services for the schematic design phase, the design development phase, and the construction documents phase have not been completed within I 2 months after the date of this Agreement, or for the remaining phases within 24 months after the date of this Agreement, the amounts, rates, and multiples set forth in this Article applicable to the respective phases of service shall be subject to review and equitable adjustment. A2.3 When the fee for the ArcIûtect's basic services is a fixed amount or percentage-based, it shall be apportioned to the phases of service as follows: anclude any additional phases as appropriate) . percent (12.5%) percent (12.5%) percent (50"10) percent (5%) 'percent (20%) Schematic Design Phase Design Development phase ConStruction Documents Phase Bidding or Negotiation Phase Construction Phase - Contract Administration Total one hundred percent (100%) A3 FEES POR ADDmONAL SERVICES A3.l Pees for the Architect's additional, sewiées, excluding those provided by the Ar' hitect's consultants, shall be computed as follows: (Here, insert basis of fees, including hou y rates and multiples of direct personnel' e:x:þìInse' for officers, directors, partners, prlncip Is and employees. Identify specific services to which particular fee calculations apply, if ne essary.) Project Adv·isor P~oject 'Controller Partner-in-Charge Project Designer Project Coordinator Technician/Intern Architèct $14S.00/hr. $145.00/hr. $12S.00/hr. $120.00/hr. $l1S. OO/hr. $ 90.00/hr. Landscape Consultant Mechanical Engineer Electrical Engineer Structural Engineer $lOS.OO/hr. $ 9S.00/hr. $ 9S.00/hr. $' 8S.00/hr. ~ ~ ~ '<: 1! " ~ ~ ¡¡ e " j " o:¡ ~ ¡; ~ 'õ> Ë &: ~ i t! " ~ ~ ð A3.2 Pees for additional services provided by the Arclûtect's consultants shall be as invoice by the consultant according to the hourly rates and multiples of direct personnel expense set out below plus ~ % of the consultant's invciced amounts. (Identify specific types of co ultants in Article 6, if required.) A3.3 Hourly rates of fees in A.3 are subject to review and adjustment annually or as follow : (Here, insert effective dates or time periodsfor periodic adjustments in hourly rates.) N/A A4 REIMBURSABLE EXPENSBS A.4.l The percentage added to the reimb1Jrs;iÞle expenses for administrative services in . cle 4.3 shall be -º- %. . , SCHEDULE "Aft DESIGN CRITERIA TOURISM AND INFORMATION BUILDING · Land area available +1- 2 acres · Building must be barrier-free in accordance with the Municipality of Kincardine accessibility policy. Approximate ground floor size 1,200 square feet Low maintenance exterior Veranda or porch Exterior to include patio & outdoor picnic area, landscaping (naturalized) and total parking for 20 (includes space for disabled and oversized recreational vehicle and bus parking areas) Covered entrance for inclement weather Open interior concept with cathedral ceiling 2 public washrooms with baby change centres for each Multi seasonal temperature control Windows on each floor that open for ventilation 1 coat closet for staff 1 cleaning supply closet 1 entrylwaitlcrush space 1 reception desk work space 1 large office space 1 infonnal gathering area (table and space for 8 chairs) Task lighting for areas, office, brochures (4-5 places) 1 Storage space Interior stairs to basement 9 ft high, insulated basement with ventilation (suitable for storage) Man door and overhead basement garage door (8 foot high) for truck access. · · · · · · · · · · · · · · · · · · · · _._________._..__n____.__._.________ __ ..__... .. _ _.u._._ __.._._.__. __ _____. ____. ______ ___ _ ____ .. -- ~----- -- ..------..- Schedule B Additional Services Bl PROVISION OF ADDmONAL SERVICES B 1.1 The additional services described in this schedule are not included in the Architect's basic services unless so identified in Article 6. The Architect shaH only provide these additional services if authorized by the Client. B2 PROJECT REPRESENTATION B2.1 Providing more exhaustive or continuous on site review or representation. 1. If more extensive representation at the site than is described in paragraph 2.6.2.6 is required, the Architect shall provide one or more Project representatives to assist in carrying out such additional site review responsibilities. 2, Such Project representatives shall be selected, employed, and directed by the Architect, and the Architect shall be compensated as agreed by the Client and Arclûtect. B3 OTHER ADDmONAL SERVICES 13 ~ - ..so 1:. -.: .,. " ~ j \3 B3.1 Providing analyses of the Client's needs and programming requirements for the Project. B3.2 Providing fInancial feasibility, Project Budget or other special costing studies. B3.3 Providing site evaluations, planning surveys, or comparative studies of prospective sites. B3.4 Providing special surveys, environmental studies and submissions and other related services required for approval by authorities having jurisdiction over the Project, except for those set out in paragraph 2,2.4, including submission for zoning changes, variances from by-laws or site plan approvals necessary for proceeding with the Project. B3.5 Providing services relating to future facilities, systems and equipment. B3.6 Providing services to investigate existing conditions or facilities such as preparing measured drawings or verifying the accuracy of drawings or other information furnished by the Client. B3.7 Providing detailed estimates of Construction Costs, detailed quantity surveys, inventories of material and equipment, or analyses of owning and operating costs. j I ~ '& Ë ~ ~ ~ " ~ " ~ ~ ," ð B3.8 Providing interior design, graphic design, signage and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. B3.9 Providing tenant layout and design services. B3.10 Preparing models or arcIûtectural renderings specilìcally commissioned by the Client. B3.11 Preparing documents for alternative, separilte or sequential bids or providing extra services in connection with bidding, negotiation, or construction prior to the completion of the con struction documents phase. B3.12 Co-ordinating construction work performed by separate contractors'or by the Client's own forces and co-ordinating the services required in connection with construction performed and equipment supplied by the Client. B3,13 Providing services in connection with the Work of a construction manager, or separate consultants retained by the Client. B3.14 Providing services after the date of Substantial Performance of the Work, except for those described in 2 The Architect's Responsibilities. B3.15 Providing services after expiry of the period of one year following the date 0 Substantial Performance of the Work. B3.16 Revising or providing additional drawings, specifications or other documents w "ch are: 1. caused by instructions that are inconsìstent with instructions or written approva previously given by the Client, including revisions made necessary by adjustments in the Client's program or Project Budget; 2. caused by the enactment Or revisions of statutes, regulations, codes or by-laws, subsequent to the preparation of such documents; 3. caused by an interpretation by ti,e authorities having jurisdiction which cliff rs from the Architect's interpretation of statutes, regulations, codes and by-laws, which . erence the Architect could not have reasonably anticipated, or 4. due to changes required as a result of the Client's failure to render decisio manner. B3.17 Providing services required because of significant changes in the Project inclu g, but not limited to size, quality, complexity, the Client's schedule, or the method of bidding or negotiating and contracting for constrUction, except for services required und paragraph 2.9.2. B3.18 Preparing drawings, specifications and supporting data, evaluating Contractor' proposals, and providing other services in connection with changes to the Project. B3.19 Providing services in connection with evaluating substitutions proposed by the C tractor and making subsequent revisions to the drawings, specifications and other do umentation resnlting from them; ~ " i!I :¡; ~ -.:: .,. " ~ ~ ð B3.20 Making investigations, inventories of materials and equipment, valuations appraisals of existing facilities. B3.21 Providing services made necessary by the default of the Contractor, by majo defects or deficiencies in the Work of the Contractor, or by failure of performance by eith r the Client or Contractor under the Contract. B3.23 Providing services in evaluating an extensive or unreasonable number of claims the Contractor or others in connection with the Work. bmitted by J ~ ~ ¡; ~ ~ 'õ> Ë &: ~ ~ " ~ '" " ,;} '\:! O! " ð B3.22 Providing consultation concerning replacement of any work damaged by fire or other cause during constrUction and furnlshing services as may be required in connecti n with the replacement of such work. B3.24 Preparing record dràwings showing changes in the Work made during constrUcti marked-up prints, drawings, and other data furnlshed by the Contractor to the accuracy of such information shan be the sole responsibility of the Contractor. n based on chitect; the B3.25 Providing assistance in the utilizatiOn of equipment or systems such as testing, balancing, preparation of operation and maintenance manuals, training p operation and maintenance and consultation during operation. B3.26 Providing services to the Client in connection with any public hearing, mediatio , arbitration proceeding, or legal proceeding. justing and rsonnel for B3.27 Providing for services of consnltants for other than the architectural, strUctural, me hanical and electrical engineering portions of the Project provided as a part of the Arclûtect's b ic services. B3.28 Translating documents into a language other than the language of this Agreem nt. B3.29 Providing or arranging for any services not otherwise included in this Agreeme t. Pro-Demnity Insurance Company POLICY NO. 4 Certificate of Insurance Certificate of Insurance No. 0513-19-0416 1. NAMED INSURED The Ventin Group Ltd., Architects The Ventin Group (Toronto) Ltd., Architects in their capacity as holders of Certificates of Pracûce 2. PERIOD OF INSURANCE Incepûon Date 13 May 2005 12:01 a.m. Standard Time Expiration Date 13 May 2006 12:01 a.m. Standard Time at the address shown on the OM Register as required by Section 27 of the Architects Act. 3. LIMITS OF LIABILITY Claim Limit $1,000,000.00 Project Limit $2,000,000.00 Aggregate Limit $4,000,000.00 4. DEDUCTIBLE $25,000.00 each claim 5. FIXED PREMIUM PLAN CREDIT $111,268.00 ( 20.946.00) $ 90.322.00 6. ENDORSEMENT(S). 1,2,3,4 Form(s) part of this Certificate of Insurance Signed -'(l .~ President Dated ~ 30105 PD. FORM 2c103 , 1mS JiN'tloRSDiIIiNT CHANG)!$ nrE POLICY. PU!ASE 1UiI\D IT CAR.EroLL Y. ADDmONAL INBVItEP· DESIGNATED PERBON(S) 01\ OR:GANlZATlON(S) This .,.Io.....men, modiIio. irunltaru:ep'ovided ttadør tile foJ1ooovmg: COMM1l\l.CIAL CENEIlAL UABIlnY COVERAGB POR\\l 8CHI!DULE N_ of h..o..(o) ... Orpni>.alim>(.): TIlE LEGlS(.AT\VEABBE'MBLY OF ONTARIO TIlE COUNI'Y OPWEI.LINGTON ONLY WITH RESPECTTO CLIfFORD tnJELPUJU>OSB FACILITY nrE COI./lllN OFWIiLL1NGTONWfm KESPECTTO ROCkWOOD POLlCIi FACILI'n' WHD IS AN INSURBD (SI!CTION 11) is amended 10 include... an iosuted the perron(s) ormgonizatioo(o) ""own in the St:bedule, but onJy with reop«t to liability ariBirlg out of y,"" operoliotu> at prenúses oW71Od by or rented to you. " " 20D7DD-o~ ~ge 1 ot1 .~œ:~;;¡ÿ;'!i . ,~~ . '()~"~~ ,'.~,." .". . .,:.... '..;,' ~.,.,~.~~. ...'..:"':".": .....>:,; ~~ M6V 3¡-r,a;:(jJ;õ-J. cW·:.íQ'(~ Clëåranêe Cirlificâie , Ciii'tlficlit 'Os déiihi.i'ifiø· ( CONTRACTOR L' ENTREPRENEUR ~~::t:~~~~ow~;'~~ w--"· "·0....... ,,",,,, 1.';";-,,",""'~,'>< 'Mid .b .,""'V!!,¡;e ,....,.,.r. ""'" "............ '!'i.Q. ... " '~I'! ~. . ,"·'':'t:·:¡''. ,.. . ,ci1""';';':¡'·~1 ' '.., 'ótir .... .i,;,;;" """.. -'''~ ~. U4l\1ê,~,!,,;¡-.'~:ag~!. .".'!!.~', "...., ~,,' 8c:I' .,¡Ii!'" SBCt,õn: ....(, . ",01 ííte:~'" " ·--.l'ialCl4s. ,~_...~~191'RJ:I!!!1~,. :J"I\\!'.,. ", bfiI'iìi . fB,<fw·..· i1ó\.i¡." ;iVfil'iili 00," ""fiI$'fIîe . ' .'W~. .' "'" ,. .:Qt... . ,. .. .,.. dIW;j¡rthlt~.. ' . .., ,.... .... .. ... THE VENTIN GROUP LTD BOX 5~ 7 STN MAIN SIMCOE ON N3Y 4LS P.sr.·~a!j:ii'W nt... .Jä _corriniJ9iië1\ 'd~¡¡'<~ .. ''"''''''''rtn naco'!.,!! ' SUr ao:nt{4;t.~~._. PC"",.,.,.. .,oj!.. " ....!!!I . , IQ '~., . "ii\iT~h;ii"""'" ·~'~~CSP~TM~~Ctt~:~~~k;Œ¥.~~ ~~~_:~f4i~t&ilirf'\l: ' ~~~r"P.ri~,.nòi, :a:.~¡g~ ~)i~:~j! nIÌ..-h,¡ibi avec· r' ..", 'eÐ '..i:f.Ii!1I' 1'$' 'riQJÏI ~~r-r: ¡ii'áiìm m'IitäÇì~í~":iiù 'ãiI!I ggl :dJI 'w.ut !rin...·;o ,~.~:,'5PI!I qaö '';.t;ií' ièi1 '~:w '~:üi~·:à.·1i ~.Ai.ií i~:'" ,& ¡éj¡'60"""'" ¡"'I~lä:'¡f¡ñ;¡ , , j i'1!l",,,,,,,. ........~u , ' ~":'If~~" . THIS CERTIFICATE IS VALID FOR ALL CONTRACTS OF THE NAMED CONTRACTOR DURING THE EFF:ECTIVE PERIOD LE PRESENT CERTIFICAT EST VALIDE POUR TaUS LES CONTRATS PASSES PAR LEDIT ENTREPRENEUR PENDANT LA PERIODE D'Ø:~~. ~".T.':' . . 7751000 ,~ OFFICES OF ARCHITE ' ·lllllé1J.l</!' ,Nöo.t:N-"1It~. ;$iI,.. 2413620 256422A '. "-.' I 202062204 r:;~~--*- . ;.~~:::; ~I!!i.l-~ 15194260613 ~'iI!I-w.It~'~~b!'1!'.~~oiJt; ~~¡''''';''ŒjÄÄ~~''''''~'''.i,' ~Ü'<lI~¡¡¡¡'Jii$~t~¡; ß1·W·ri'l7:iÅ~ì 1. all references tq "the C<>ntract" are tq be considered references to "this Agreement"; 2. for references in CCDÇ 40 for Schedule; time; Extension of time period; and termination if no agreement; the time petiod shall be adjusted from "10 Working Days" to read "15 calendar days". 5.4.4 If the dispute has not been resolved within IS calendar days after a . mediator was appointed under paragraph 5.4.3, or within such fur- ther period agreed to by the parties, the mediator shall terminate the mediated negotiations by giving written notice. 5.4.5 All W1fesolved disputes shall be referred to and fInally resolved by arbitration under the latest edition of the Rules for Mediation and Arbitration of Construction Disputes, CCDC Document 40 as amend- ed as follows: 1. all references to "the Contract" are to be considered references to "the Agreement"; and 2. the applicable date referring to Substantial Performance of the Work does not apply. 5.4.6 Dispute resolution shall be conducted in the jurisdiction of the prin- cipal place of business of the Arclûtect unless otherwise agreed. ~ ¡¡ .::¡ ..so ~ '<: ... " ~ ~ " ~ \,j ¡¡ j 5.5 Liability of the Architect 5.5.1 Par the purposes of Article 5.5: 1. "claim" or "claims" shall mean a claim or claims whether in contract or tort. 2. the "Architect" includes Architect's officers, directors, employ- ees, representatives and consultants. 5.6 Toxic or Hazardous Substances or Materials ~J6¡Qx nëtiXJaIC ::¡gr~JtIfa% U¡ltilñtj l::IOC~ Uåt:I!.J!IJd<Q\MI'IIàI;J\:Jt 1!.4Ir~"ytJ¡¡¡v¡jJf¡~NJWtcUtI<!(1Irl'~~S ..lItJI:t IIIlXœlaIeliJt<x I!rexillrodmot'J¡ x!x1iœJlamal %ðSpansJbIiJri_¡JI1fS01l.IIID!tG 1iûsxAl¡ ræme»~ ùaìlxbexlimileliJltGl xl:ExaomJ<m1K m$ai\&,1iQ()¡¡ 5.6.1 Par the purposes of Article 3.1.3 and Article 5.6: 1. "toxic or hazardous substances or materials" means any solid, liquid, gaseous, thermal or electroinagnetic irritant or contami- nant and includes, without limitation, pollutants and hazard- ous ar special wastes whether or not defmed in any federal, provincial or municipal laws, statutes or regulations; , 2. "Architect" includes the Arclûtect's officers, directors, employ- ees, representatives and consultants. 5.6.2 Unless otherwise specifically provided in this Agreement, the Architect shall have no responsibility for: 1. the discovery, reporting, analyses, evaluation, presence, han- dling, removal or disposal of, 2. the advice of any independent expert selected by the Architect on behalf of the ruent and the Contractor under the Contract in respect of, or 3. the exposure of persons, property or the environment to, toxic or hazardous substances or materials in any form at the Place of the Work, ~ " " ~ ~ 'õ> Ë &: ~ ~ " ~ ,;; " .~ 1 " ð Ie .... 'õ> '" ... General Conditions 5 Copyright for the design and drawings prepared by or on behalf of the Architect belong to the Architect. Plans, sketches, drawings, graphic representations and specifications, including computer generated designs, are instruments of 'the Architect's service and shall remain the property of the Architect whether the Project for which they are made is executed or not. Submissions or distribution of the Architect's plans, sketches, 5.1. drawings, graphic representations and specifications to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. 13 .¡; ~ '<: .,. ~ i. is j The Client may retain copies, including reproducible copies, of plans, sketches, drawings, graphic representations and specifications for information and reference in connection with the Client's use and occupancy of the Project. Except for reference purposes, the plans, sketches, drawings, graphic representations 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 of the plans, sketches, drawings, graphic representations and specifications for the Project, all fees and reimbursable expenses of the Arclûtect are required to be paid in full. The Client shall be entitled to keep original models or architectural renderings the Client specifically commissioned. The Architect shall be entitled to sign the building by inscriptJon or otherwise on a suitable and reasonably visible part of the permanent fabric of the building. The Arclûtect shall be entitled to include as part of the çontract Documents a provision to erect a sign identifying the Architect and the Architect's consultants on the Project site. For purposes of Article '5.4, "dispute" means a disagreement arising out of or in connection with this Agreement or in respect 'of any defmed legal relationship associated with it or derived from it and includes any failure to reach agreement where an agreement is required. ~ j 'õ> Ë &: ~ ] ~ " ~ ~ The parties shall make all reasonable efforts to resolve a dispute by amicable negotiations and agree to provide; on a without prejudice basis, frank, candid and timely disclosure of relevant facts, information and documents to facilitate these negotiations. If the parties have been unable to resolve a dispute, either party may, by written notice, require the app0intment of a mediator in aCCOr- dance with the latest editon at date of execution of this Agreement of the Rules for Mediation and Arbitration of Construction Disputes, CCDC Document 40, to assiit1he parties to reach agreement. Unless the parties agree otherwise, the mediated negotiations shall be con- ducted in aocordance with thoee Rules as amended as follows: Ie .... 'õ> "" .... 5.1. 5.1 Copyright 5,2. 5.2 Use of Documents 5.2. 5.2. 5.3. 5.3 Project Identification 5.3,~ i 5.4, 5.4 Dispute Resolution 5.4. ! 5.4j , 4.7 Changes and Adjustments 4.8 Project Suspension or Abandonment 4.9 Taxes 4.10 Accounting R'ecords 4.7.1 If the scope of the Project or of the Architect's basic services is changed, the fees shall be equitably adjusted. 4.7.2 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 Architect, fees for services required for such extended period 'of the contract administration shall be computed as set forth in Article A3 of Schedule A. If the Project is suspended or abandoned in whole or in port fOT more than a total of 60 days whether consecutive or not, the Architect shall be paid within 30 days of the date that an invoice is submitted for all services performed, together with reimbursable expenses then due and suspension expenses calculated in the same manner as termination expenses in paragraph 5.7.5. 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. 4.9.1 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 levies, 1.8.1 ~ " i!I :¡; ~ -.: ." " ~ 4.9.2 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, together with and in addition to any fees and reimbursable expenses that become payable, any value added taxes that become payable in relation to the fees and reimbursable expenses, as required by legislation. 4.10.1 The Architect shall maintain, by generally accepted accounting methods, records of reimbursable expenses, of expenditures pertaining to the Architect's additional services and of services for which the fee is computed as a multiple of direct personnel expense. These records shall be availabie to the Client at mutually convenient times. ~ " " Ö " j ~ " ~ ~ ~ 'õ> Ë &: "2 ~ " i! OJ " ,;} .,. ~ " ð Ie .... 'õ> '" .... ~ 6. overtime services authorized in advance by ,the Client to the extent that the cost of such services exceeds normal direct personnel expenses; 7. additional insurance cOverage Or limits, including that of professional liability insurance, requested by the Client in excess of that normally carried by the Architect and the Architect's consultants. ~ " i!I ~ "<: ] ~ ~ " ~ \j If any invoice submitted by the Architect relnains unpaid by the Client for sixty days or wore from the date the invoice was submitted, then the Architect may ~ve seven days' written notice to the Client that the Arclûtect will stop rendering services. If within seven days of delivery of the notice in 4.4.1, the Client has not paid the Architect's invoice, or the Architect and the Client have not agreed in writing on terms for payment of the invoice, the Architect may stop rendering services on the Project, and in that event the Client shall not have any claim whatsoever against the Arclûtect for any loss, cost, damage, or expense incurred or anticipated to be incu!Ted by the Çlient as a' result. The rights of the Arclûtect gi...en by Article 4.4 are in addition to and not in substitution for any other rights the ArcIûtect may have under this Agreement or otherwise for non-payment of the Architect's invoices by the Client. The basis for calculating the applicable portion of the fee for each phase of the Architect's basic services shall be as follows: 1. Schematic Design Phase: the mutually agreed, Construction Budget at the commencement of. the phase. 2. Design Development Phase: the approved Construction Cost estimate at the commencement of the phase. 3. Construction Documet1l!S Phase: the approved Construction Cost estimate at the CQ1IllIlence¡nent of the phase. 4. Bidding or Negotiation Phase: the approved Construction Cost estimate at the commencement of the phase. 5. Construction Phase - çontract Administration: the Construction Cost, including change orders and additional Project cost approved during the construction of, the Work. j I ~ ~ 'õ> Ë &: ~ ~ " ¿¡ " .~ .¡¡ ~ " ð Por the Arclûtect's basic services relative to the portions of the Project that are designed but then defeted or otherwise not constructed, the fee Cor those portions of the Work shall be proportionate to the extent of such servic$s in accordance with Article A2.3 and shall be baaed on the lowest bona fide bid or negotiated proposal or, if there is no such bid or negotiated proposal, the latest approved Constructlqn ,Cost estimate. Por services in Schedule B and when revisio1)$ or additions are made to the program of requirements or previously approved documentS prepared by the Architect and such revisions or additions require services beyond those already provided, the fee for such additional- services shall be based on the rates in Article A3 of Schedule A or as otherwise mutually agreed with the Client. Ie .... 'õ> .... '" 4.4.1 4.4.2 4.4.3 4.5.1 4.s.~ 4.6. 4.4 Architect\s, Right to Stop Rendering Services 4.5 Percentage-Based Pee 4.6 Pee Cor Additional Services 4 4.1 Payments 4.2 Direct Personnel Expense 4:3 Reimbursable Expenses Payments to the Architect 4.1.1 The Client shall pay, professional fees and reimbursable expenses as set forth in Article 4 and Schedule A. 4.1.2 The initial payment as set forth in Schedule A is the IIJ1Il1JIlum payment which the Client must pay the Architect under this Agreement. 4.1.3 Subsequent payments for the Architect's basic services shall be made monthly, and where applicable, shall be in proportion to services Rerformed within each phase of the service. 4,1.4 Payments on account of additional services described in Article 6 and for reimbursable expenses shall be made monthly upon submittal of the Arclûtect's invoice for services rendered or expenses incurred. 4.1.5 An invoice submitted by the Arclûtect under this Agreement shall be paid by the Ç!ient within thirty days after submittal of the invoice to the Client. 2% 4.1.6 An unpaid invoice shall bear interest at j%'per annum above the bank rate 30 days after the date that the Architect submits an invoice for fees, reimbursable expenses, and applicable taxes. ~ " i!I :¡; ~ '<: .,. " ~ ~ " ,~ t.î " i II¡ 4.1.7 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. 4.1.8 No deductions shall be made by the Client from amounts payable to the Architect on account of penalty, liquidated damages, or other sums witltheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the Architect is f>~1I1¥ \bXbNJ.egaIIy responsible or has agreed to pay. 4.2.1 In Article 4 and Schedule A, direct personnel expense means the salary of the Arclûtect's or the Architect's consultant's personnel engaged on' the Project plus the cost of such mandatory and customary conttibutions and employee benefits as empioyment taxes and other statutory benefits, insurance, sick leave, holidays, vacations, pensions and similar conttibutions and benefits. ~ " " i 'õ> Ë &: ~ ] ~ '" ~ ;¡¡ ~ " ð 4.3.1 In Article 4 and Schedule A, reimbursable expenses include, but are not limited to, the following expenses incurred by the Archi- tect, the Architect's employees and consultants in the interest of the Project plus the percentage of such actual expenditure for admin- istrative services specified in Schedule A: 1. transportation in connection wtth the Project for authorized travel, e.g., for transportation¡<iDlll8iJlSJl1lÓ:JDJIC!Ib;x 2. communication and shipping, e,g., for long distance telephone calls and fa<:simile messages, courier seIVice, postage and electronic conveyances¡ 3. reproduetion of plans, sketches, drawings, graphic representa- tions, specifications and other documents; . 4. renderings, plotting of computer-generated drawings, models, and mock-ups specifically requested by the Client: 5. fees, levies, duties or taxes for permits, licences or approvals from authorities having jurisdiction; Ie '" 'õ> C) .... The Client shall: examine documents submitted by the Architect and give the Architect decisions and approvals as necessary; obtain and pay the cost of all requiì:ed consents, approvals, licences and permits from authorities having jurisdiction; inunecliately notify the ArcIûtect in writing if the Çlient observes or otherwise becomes aware of any fault or defect in the Project or any nonconformity with the requirements of the Contract; , promptly fulfil the Client's reSponsibilities for the orderly progress of the Architect's services and, of the Work; and authorize in writing a person to act on the Client's behalf and define that person's scope of authority with respect to'the Project when necessary. ~ " i!I ~ '<: ] ~ ~ " .¡¡ \3 j ~ ¡; ~ ~ 'õ> Ë &: ~ ~ " ¿¡. ~ " ð 10 .... 'õ> '" 3.2 .2.1 .2.2 .2,3 .2.4 .2.5 3 Client's Responsibilities 3.1.3 information, surveys, reports and services as set out below, the accuracy and completeness of which the Architect shall be entitled to rely upon and such contracts for the provision of information, surveys, reports and services, whether arranged by the Client or the Architect, shall be considered direct contracts with Client unless explicitly provided otherwise: 1. surveys desctibing physical characteristics, legal limitations and utility locations for the Project site, and a written legal desctiption of the site and adjoining properties as necessary showing the following survey and legal information, as appli- cable: grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights of way; restrictionsj easements¡ encroachments; zoningj deed restrictions; boundaries and contours of the site; locations, dimensions and data pertaining to existing buildings, other improvements, and trees; and information concerning utility services, both public and private, above and below grade, including inverts and depths; 2. subsurface investigation and reports which include but are not limited to test borings, test pits, determination of soil bearing values, percolation tests, a list of and evaluations of toxic and hazardous substances and materials present at the Place of the Work, ground corrosion and resistivity tests, including'necess- ary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations; 3. reports and appropriate professional recommendations of specialist consultants when required by the Arclûtect; 4. air and water pollution tests, tests for toxic and hazardous substances and materials, structural, mechanical, chemical, and other laboratory and environmental tests, inspections, laboratory and field tests and reports as required by the Architect, the Arclûtect's consultants, the authorities having jurisdiction Or the Contract Documents; and 5 all legal, accountihg and insurance counselling services as may b,e necessary at any time for the Project, including such auditing services as the Client may require to verify the Contractor's applications for payment or to ascertain how or for what purpose the Contractor uses the monies paid by or on behalf of the Client. 3.1 3.1.1 3.1.2 The Client shall provide: full information regarding the requirements for the Project includ- ing a program setting forth the Client's Project objectives, con- straints, schedules, and criteria, including: 1. spatial and functional requirements and relationships, 2. flexibility and expandabiliry, 3. special equipment and systems, and 4. site requirements; a Construction Budget for the Project; and ~ M :¡; ~ '<: .,. " ~ j ì3 j ~ ¡; .~ ~ 'õ> Ë &: ~ ~ " .!! '" " .:1, 1 ð Ie ... 'õ> '" .... If the bidding or negotiationphas!' has not commenced within thr!"e months after the Architect submits the construction documents to the Client, the Construction Budget shall be adjusted to reflect changes in the general lev!"l of prices in the construction industry between the date of submission of the construction documents to the Client and the date on which bids or proposals are sought. If the low!"st bona fide bid or lowest negotiated proposal exceeds 2,8.2 the latest approved Construction Cost estimate by more than 15%, the Client shall: 1. give written approval of an incr~se in th!" Construction Budget, or 2. authorize rebidding or re-negotiating of the proposal, or 3. co-operate with the Architect in revising the Project scope or quality as necessary to reduce. the Construction Cost, or 4. terminate,this Agreement in acCordance with paragraph 5,7.3 if the Project is abandoned. 2.8.11 ~ M ~ '<: ] ~ i e J , If the Client chooses to proceed under 2.8,2.3, ~~~IJIò!ti$x 2.8.31 ~Ji:~~ft~~~!i!l'Jl'J<theArchitect at no additional fee shall modify the construction documents or provide other services necessary to reduce the çonstruction Cost to within 15% of the latest approved Construction Cost estimate. The modification of the construction documents shall be the limit of the Architect's responsibility under 2.8.2.3, and having done so, the ArcIûtect shall be entitled to compensation in accordance with this Agreement, for all services performed, whether or not the construction phase is commenced. ~ " " 11 ~ 'õ> ~ &: ~ ~ " ~ " ~ ~ ð The issuance of a certificate fòr payment shall constitute a 2.9.1 representation by the Architect to the Client, bMedon the Architect's General Review, and on review of the Contractor's schedule of values and application for paymen1: that: the Work has progressed to the value indicated; to the· best of the Architect's knowledge, information and belief, the Work . observed during the course of General Review is in general conformity with the Contract Documents; and that the Contractor is eí1titled to payment in the amount certified. Such certification isàubject to: 1. review and evaluation of the Work as it progresses for general conformity as provided in parågraphs 2:6.2.6 to .8; 2. the results of any subsequent tests required by or performed under the Contract Documents; 3. minor deviations from the Contract Documents being corrected , prior to completion; and· 4. any specific qualifications. stated in the certificate for payment. The issuance of the certtflgte for payment shall not be a 2.9.2 representation that the Arclûtect .has made· any examination to ascertain how and for what p :!rpGSe the Contractor has used the monies paid on account of ko<:ontract price, or that the çontractor has discharged the obUgatklnád.mposed on him by law under the Workers' Compensation Act, or other applicable statute, non- compliance with. which maY render the Client personally liable for the Contractor's default. 10 .... 'õ> " 2.8 Adjbstment of ConstrucdGn Budget 2,9 Certificate for Payment 2.7 Construction Budget and Construction Cost Estimates 2.6,3 2.7,1 2.7.2 15. have the authority to reject work which does not conform to the Contract Documents, and whenever, in the Architect's opinion, it is necessary or advisable for the implementation of the intent of the Contract Documents, have the authority to require special inspection or testing of work, whether or not such work has been fabricated, installed or completed; 16. review and take other· appropriate action with reasonable promptness upon such Contractor's submittals as shop draw- ings, product data, and samples, for conformance with the general design concept of lilt: Work .., provided in the Contract Documents; 17. prepare charige orders and change directives for the Client's approval and signature in accordance with· the Contract Docu- mentsj 18. have the authority to order minor adjustments in the Work which are consistent with the intent of the Contract Docu- ments, when these do not involve an adjustment in the contract price or an extension of the contract time; 19. furnish supplemental instructions to the Contractor with rea- sonable promptness or in accordance with a schedule for such instructions agreed to by the Arclûtect and the Contractor; 20. determine the date of Substantial Performance of the Work; 21. receive from the Contractor and forward to the Client for the Client's review the written warranties and related documents; 22. verify the validity of the Contractor's application for final payment and issue a certificate of final payment; and 23. prior to the end of the period of one year following the date of Substantial Performance of the Work, review any defects or deficiencies which have been reported or observed during that period, and notify the Contractor in writing of those items requiring attention by the Contractor to complete the Work in accordance with the Contract. 13 .!I ;¡; ~ -.: .,. " ~ ~ " .¡¡ \3 " ! ~ ~ ~ ~ 'õ> Ë &: ~ ~ " J! '" " ~ ~ " ð However, the Architect shall not: 1. be required to make exhaustive or continuous on-site reviews; 2. be responsible for the acts or omissions of the Contractor, Sub- Contractors, Suppliers or any 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; and 3. have control, charge or supervision of, or responsibility for construction means, methods, techniques, sequences, or pro- cedures or for safety precautions and programs required in connection with the Work. The Architect shall review and comment on the Client's Construc- tion Budget and shall prepare the Construction Cost estimates as set out in this Agreement. Neither the Architect nor the Client has control over the cost of labour, materials or equipment, over the çontractor's methods of determining bid prices, or over competitive bidding, market, or negotiating conditions and therefore the Architect cannot and does not warrant or represent th,n bids or negotiated prices will not vary from the Construction Cost estimate. Ie .... 'c¡. Ie 2.7.3 Variance from the Construction Budget or Project Budget estab- lished under this Agreement shall not constitute grounds for the Client to withhold fees due to the Architect. .- ~,'" obtain instructions from and advise the Client on the preparation of 2.4.3 the necessary bidding information, bidding forms, conditions of the contract and the form of contract between the Client and the Contractor; and review statutes, regulations, codes and by-Ií¡ws applicable to the 2.4.4 design and where necessary f(fview the same with the authorities having jurisdiction in order that the Client may apply for and. obtain the consents, approvals, licences and peml.its necessary Cor the Project. Pollowing the Client's approval of the construction docúments and the latest Construction Cost estimate, the 'Arclûtect shall assist and advise the Çlient in obtaining bids or negotiated proposals and in awarding and preparing contracts for construction. The extent of the duties, responsibilities and limitations of authority of the ArcIûtect as the Client's representative during construction shall be modified or extended only with the written consent of the Client and the Architect. i ~ '<: .,. " ~ ~ " i During the construction phase. contract administration, the ArcIûtect shall: 1. be a representative of the Client; 2: advise and consult with the Client; 3. have the authority to act on the Client's behalf to the extent provided in this Agreement and the Contract Documents; 4. have access to the Work at all times wherever it is in preparation or progress; 5. forward all instructions from· the Client to the Contractor; 6. carry out the General Review of the Work; 7, examine, evaluate and report to the Client uþon representative samples of the Work; 8. keep the Client informed' of the progress and quality of the Work, and report to the Client defects and deficiencies in the Work observed during the course of the sitè reviews; 9. determine the amounts owing to the Contractor under the Contract based on the Architect's observations and evaluation of the Contractor's application(s) for payment; 10. issue certificates for payment in the value proportionate to the amount of the Contract, of work performed and products delivered to the Place of the Work; 11. in the fIrst instance, interpret the requirements of the Contract Documents and make findings as to the perfurmance thereunder by both the Client and Cènt:ractor; 12. render interpretations ÙI written and graphic form as may be required with reasonable promptness on the written request of either the Client or the ç01'ltractor; 13. render written findings wilbin a reasonable time, on all claims, disputes and' other matters in question between the Client and the Conrnctor relating to the execution or performance of the Work or the interpretation of the Contract Documents; 14. render interpretations. and fìndings consisbmt with the intent of and reasonably inferable' from the Conrnct Documents; showing partiality to neither the Client nor the Contractor; but sruill not be liable Cor the result of any interpretation or fmding rendered in good faith in such capadty;.' ~ " ! 'õ> ~ &: ] ~ ~ " i ð Ie .... 'õ> "" 2.5.1 2,6.1 2.6.2 2.5 Bidding or Negotiation Phase 2.6 Construction Phase - Contract Administration A Subcontractor is a person or entity having a direct contract with the ·Contractor to perform a part or parts of the Work or to supply products worked to a special design for the Work. Substantial Performance of the Work is as defmed in the lien legislation applicable to the Place of the Work. If such legislation is not in force or does not contain such definition, Substantial Performance of the Work shall have been reached when the Work is re.rly for use or is being used for the purpose intended and is so certified by the Architect. A Supplier is a person or entity having a direct contract with the Contractor to supply products not worked to a special design for the Work. The Work means the total construction and related services required by the Contract Documents. ~ ~ ~ '<: ] ~ ;; ~ j 1 'õ> Ë ~ 1! ~ ~ ¡: ~ ~ ð \0 .... 'õ> "" 1.10.1 1.11.1 1.12.1 1.13.1 1,10 Subcontractor 1.11 Substantial Performance of the Work 1.12 Supplier 1.13 Work ------ -_.._-_._~- 2 2.1 Architect's Basic Services . 2.2 Schematic Design Phase 2.3 Design Development Phase 2.4 Construction Documents Phase Architect's Responsibilities The Architect's basic services consist of those service performed by the Architect, the Architect's employees, and the Architect's consultants as set forth in Articles 2.1 to 2.9 of this Agr ement and any other services included in Article 6. They include e provision of nomW structural, mechanical and electrical engin ering serv- ices by professional engineers. 2.1.2 The Architect's basic services iriclude the co-ordination required to integrate all parts of the services. 2.1.1 2.2.1 The Architect shall: review the program of requirements furnished by th Client and the characteristics of the site; 2.2.2 review and comment on the Client's Construction Budget in relation to the Ç!ient's program of requirements; 2.2.3 review with the Client alternative approaches to the d sign of the Project and the types of construction contracts; 2.2.4 2.2.5 2.2.6 2.3,1 2.3.2 2.3.3 2.4.1 2.4.2 review applicable statutes, regulations, codes and y-laws and where necessary review the same with the autho ties having jurisdiCtion; based on the mutually agreed upon program of r quirements, schedule and Construction Budget, prepare for the C' t's review and approval, schematic design documents to illus te the scale and ,character of the Project and how the parts of the Project func:tionally, relate to each other; and prep~ and submit to the Client a Construction C st estimate based on C1.irrent area or volume unit costs. Based ,on the Client approved schematic design do ments and Construction Cost estimate, the Architect shall: prepare for the Client's review and approval, design evelopment documents consisting of drawings and other docume ts appropri- ate to the size of the Pmject, to describe the size and character of the entire Project including the architectural, stru I, mechani- cal, arm electrical systems, materials and such other elements as may be appropriate; prepare and submit to the Client for approval a revised Con- structiQn Cost estimate; and continue to reviewaþplicable statutes, regulations, cbdes and by laws 'as the design of the Project is developed, Based on the Client approved design development doþlments and Construction Cost estimate, the Architect shall: i prepari!, for the Client's review and approval, consuÞction docu- , ments. èonsisting of drawings and specifications settling forth in detail the requirements for the construction of the ~oject; advise/the Client of any adjustments to the const' ction Cost estimate, including adjustments indicated by chang in require- ments and general market conditions; , ~ <.> ~ "" ~ '<: ] ~ ¡; ·11 i3 ! ~ ~ ¡¡ ~ ~ 'õ> Ë &: ~ ~ " ~ " ·11 .,. ~ " ð Ie '.... "& '" 1 Definitions 1.1 1.1.1 Construction Budget 1.2 1.2.1 Construction Cost In this Agreement the following defmitions apply: The Construction Budget is the Client's budgei for the Construction Cost including contingencies for cost increases. Construction Cost means the contract price(s) of all Project elements designed or >pêciflerl hy or on bchalf of the Architect. permit fees, contingency amounts, and all applicable taxes includ- ing such value added taxes as the GST, whether recoverable or not. Where there is no contract price for all or pan of the' Project, the Construction Cost shall be the estimated cost of construction as determined by Iµchitect, at market rates at the anticipated time of construction. Construction Cost does not include the compensation of the Architect, the ArcIùtect's consultants, the land cost, or other costs which are the responsibility of the Client. k..1 xIrlxltul[ _out xU Jt1JIX i:1ìoot Í1JnIWJEI¡ xl3ÌXœK JDIt mø.1f:lia:lxbf:iæ.Jt _ltllltJtili.XJJ IIlIdJtU6tiQIU._æusdl:!i¡: Jhe~(]œø:fiDlt ¡JlJt¡JðI;1:It ~ i: JtJtJb «~o¡g< JIiø ~aas< tæx I6x 1ÌIa XOOStX ø xIk _~iIIØ IQlI\aI\If_lSIar1:U Jtll11llpJaœxœao:ØQrk = JåJj¡ xIk _¡$>W>W<Úila IULI«.m øit Iii iat>eœx!llullJtJurx laid: flJrJQ [ ¡J¡1'r1t1llt~_ ~œ~Il«~IIrt1r"'I( f;xillJÙl< [IINellux:tiwxtlla< cjI)J¡~tIdiJX ~ JtJœ :p1t:Jt~:8. 1O'III_1! JII1IafH JPEÏlEasxatxtka< atJIiIliP' UI(j¡ blil ÚJt~II. 1.3.1 The Contract is the undertaking between the Çlient and the Contractor to perform their respective duties, responsibilities and obligations as described in the Contract Documents. 1.4.1 The Contract Documents consist of the executed agreement between the Client and the Contractor, the general conditions, the drawings, the specifications and all the other documents identified in the agreement as Contract Documents. 1.3 Contract 1.4 Contract Documents 1.5 Contractor 1:) ~ ..so ~ '<: ." " ~ ~ " .~ \3 j ~ ~ " I ~ 'õ> Ë &: ~ ~ " ~ ¡: ~ ~ " ð 1.5,1 The Contractor 'is the person or entity contracting with the Client to provide labour, materials and equipment for the execution of the Work. 1.6,1 General Review means the visits to the Place of Work at intervals appropriate to the stage of the construction that the Architect considers necessary to become familiar with the progress and quality of the Work and to determine that the Work is in general conformity with the Contract Documents. 1.7.1 The Place of the Work is the designated site or location of the Work identified in the Contract Documents. 1.6 General Review 1.7 Place of the Work 1.8 Project 1.8.1 1.9 Project Budget 1.9.1 The Project as described in this Agreement means the total construction contemplated of which the Work may be the whole or a part. The Project Budget is the Client's estimated total expenditure for the entire Project. It includes, but is not limited to, the Construction Budget, professional fees, costs of land, rights of way, and all other costs to the Client for the Project. Ie .... 'õ> c-. I Canadian Standard Form. of Agrttment Between CHent and Architect 1997 Edition Agreement made as of the 25th day of July m .. Y'" of 2001 13 ~ ~ '<: ] ~ ,~ \3 Between the Client: Unclude name and address) Municipality of Kincardine #1475 Concession 5, R.R. #5 Kincardine, Ontario N2Z 2X6 and the Architect: anclude name and address) The Vent in Grou~ Ltd., Architects 36 Water Street South Cambridge, Ontario N1R 3C5 For the following Project: anclude detailed description of Project location and scope) j I ~ 'õ> Ë &: ~ ~ " '~' " .;} 1 " ð Design/Supervision services· for a Tourism and I formation Building at the Corner of Hwy #9 & #21. The Client and the Architect· agree as set forth in the following terms and onditions. Ie .... 'õ> ....