HomeMy WebLinkAbout03 129 allan avis adden agree
~"
"'.
.......
THE CORPORATION OF THE MUNICIPALITY OF KINC INE
e
BY-LAW
NO. 2003 -129
A BY-LAW AUTHORIZING THE SIGNING F
AN AGREEMENT ADDENDUM FOR DESIG OF
THE KINCARDINE MEDICAL CLINIC
WITH ALLAN AVIS ARCHITECT
e
WHEREAS the Council for The MI,lnicipality of Kincardine has previously
engaged an architect to design and develop a new medical clini on the grounds
of the South Bruce Grey Health Centre - Kincardine, (former By- aw 2002-19);
AND WHEREAS the Council for the Municipality of Kincardin had previously
approved the engagement of Allan Avis Architect to proceed w th the project in
the amount of $115,000 plus disbursements and GST as outlined in the
agreement, dated March 1, 2002, Project Number 534.00.
NOW THEREFORE the Council for The Corporation of th~ Municipality of
Kincardine ENACTS as follows:
1. That the Corporation of the Municipality of Kincardine ent r into a contract
addition with Allan Avis Architect as outlined in the agreeme attached to this
by-law.
2.
. 3.
4.
That the Mayor and CAO be authorized to sign, on behalf of The Corporation
of the Municipality of Kincardine, the agreement with Alia Avis Architect,
attached to this by-law and to affix the corporate seal as and hen required.
This By-law shall come into full force and effect upon its final passage.
This By-law may be cited as the "Kincardine Community Me ical Architectural
Addendum Contract By-law".
READ a FIRST and SECOND time this 20th day of August 2003.
READ a THIRD TIME and DEEMED TO BE PASSED this 3111 ay of September
2003.
""
lcu..,.,.
Cieri<
-
r~~-
-
.!
'.'
~.
-
~..
,~
This AGREEMENT made this -;í L~ day 0 , 2003.
BETWEEN:
The Corporation of The Municipality of Kincardine
- and-
Allan Avis Architect
WHEREAS: The Municipality of Kincardine have entered into an agreement dated
March 1, 2002 for design services of a (Project #534.00) Community Medical Clinic;
WHEREAS: The scope of the project has exceeded original estimates:
WHEREAS: Both parties have reached a joint settlement for supplementary
architectural fees;
WHEREAS: The intent of this agreement is to finalize all architectural fees for the new
Kincardine Community Medical Clinic.
NOW THEREFORE THE FOLLOWING TERMS SHALL APPLY TO BOTH PARTIES
NAMED TO THIS AGREEMENT:
1. That $29,121.00 be paid to the Architect, as payment for work claimed with respect
to the Allan Avis Architect letter dated March 24, 2003. This payment is a mutually
agreed upon expenditure from the construction contingency fund of the Kincardine
Community Medical Clinic Construction Project.
2. That upon Medical Clinic completion, the contingency fund balance, not expended
will be split fifty/fifty (50/50) between the Municipality and the Architect.
3. Both parties agree to remain vigilant with respect to the use of the contingency
funds.
4. Allan Avis Architect agrees that this agreement shall act as the final payment, in
addition to the original base fee of $115,000.00 plus G.S.T, plus disbursement noted
in Municipal By-law #2002-19.
5. The contingency fund for the Kincardine Community Medical Clinic construction
project shall only be used for items envisioned in the original project plans (tendered
set) and are not to be used for project upgrades. Please note that clause #1
supercedes clause #5.
6. Upon Municipal By-law approval and signatures assigned of both parties, all claims
for supplementary architectural fees for the Kincardine Community Medical Clinic
shall be deemed to be settled, with both parties releasing any and all claims, to any
further action.
IN WITNESS WHEREOF the parties have set their hands and corporate seals
attested by the hands of their respective officers duly authorized in that behalf.
~ f(.· 4 /'fij
witne;';'vV / ba~
Vf ~4.o3
Date
IrJ/oJ-
ayor Date
'\:.)L ~~^^)j~fð)3
Chief Administrative Officer Date
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Per:
Clerk
-- -,~