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HomeMy WebLinkAboutKIN 93 073 Chamberlain Architect THE CORPORATION OFTHE TOWN OF KINCARDINE . BY-LAW BY-LAW NO. 1993-73 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH CHAMBERLAIN ARCHITECT SERVICES LTD. WHEREAS the Council for The Corporation of the Town of Kincardine deems it advisable to enter into an agreement with Chamberlain Architect Services Ltd. for the provision of architectural services during the construction of the library addition; NOW THEREFORE the Council for The corporation of the Town of Kincardine ENACTS as follows: 1. That The Corporation of the Town of Kincardine enter an agreement with Chamberlain Architect Services for the provision of architectural services during construction of the library addition. 2. That the mayor and clerk be authorized to sign, on behalf of The Corporation of the Town of Kincardine, the agreement with Chamberlain Architect Services Ltd. which is attached to this by-law and to affix the Town's corporate seal as and when required. into Ltd. the 3. This by-law shall come into full force and effect upon its final passage. 4. This by-law Services Ltd. may be cited as the "Chamberlain Agreement By-law". Architect READ a FIRST, SECOND and THIRD time and FINALLY PASSED this 1st day of December, 1993. ~~~ Mayor . · " ~'. -l ~~ ., , " . '.,.¡~' ". .,....:,:,.~;:~~~ .... .... " ~, .' '·,1 , ,. ~ ..,- DOCUMENT SEVEN 1989 Edition Re/'lsed 1991 COi;!.MITTEE OF O\.L'.WL"'-" ARCHITECITR"J. COU:\C!LS Canadian Standard Form. of Agreement between Client and Architect Abbreviated Version DOCUMENT 7 .. 1989 Revi5 )~ This document has been endorsed by the following member associations of the Committee of Cana- dian Architectural Councils (CCAe): Architectur.ù 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 AffiJirs Committee of C-2n.dian Architectural Councils Suite 330, 55 Murray Street Onawa, Ontario KIN 5M3 (613) 232·8341 Contents Agreement Between Client and Architect 1. Definitions 2. 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 1èrminatIon 3.5 Extent of Agreement 4. Fees and Reimbursable Espenses 4.1 Professional Fees 4.2 Percentage Based or Fixed Fee 4.3 Calcuiating the Fees by Percentage of Construction Cost 4.4 Scheduie of Payments 4.5 Additional Services 4.6 Reimbursable Expenses 4.7 Changes & Adjustments 4.8 Interest 5. Other Conditions Schedule"K Schedule of Architect's Services and Client's Responsibilities CCAC copyright 1989 and 1991 Must not be copied in whole or in part without the written permission of CCAC. Canadian Standard Form of Agreement Between Client and Architect Abbreviated Version . DOCUMENT 7 1989 Edition Revised 1991 Agreement made as of the 16th day of September nineteen hundred and ninety-three Between the Client: (Include name and address) and the Architect: (Include name and address) For the following Project: Address: Description: in the year of 'IDWN OF KINCARDINE 707 QJeen Street Kincardine, Ontario N2Z lZ9 æJ\MBERLAIN ARCHITECT SERVICES LIMITED 1001 Chanplain Avenue, Suite #300 Burlington, Ontario L7L 5Z4 KINCARDINE PUBLIC LIBRARY QJeen Street, Kincardine, Ontario Addition and Renovations - Bidding Phase and Construction Phase - Contract Administration The Client and the Architect agree as set forth in the following terms and conditions. . 1. Definitions Construction Budget Construction Cost Construction Documents Design Development Documents General Review Schematic Design Documents Bank Rate 1.1 L2 L3 L4 L5 L6 L7 The Construction Budget is the Client's estimated Construction Cost including contingencies for cost increases. 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 recoverabie 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 cost of the land, or other costs which are the responsibility of the Client, In the event that labour or material is furnished by the Client below market cost or when old materials are re-used, the Construction Cost for purposes of establishing the fee is to be interpreted as the cost of all materials and labour necessary to compiete 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. . ¡:: ·2 ,~ ,.> '1:$ .~ ê ~ I ~ " .!i ~ ~ '1:$ ¡:: t3 ~ ;: .!1 \:; J ~ i 'õ> ~ ~ 1: ~ ¡:: .::; Vj ¡:: .S! ~ ¡:: IS 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. Revision 1991 1. 7 Bank Rate Added 00 'õ> '" . Responsibilities 2 The Architect's services and Client's responsibilities are as set out in 2.1 Architect's Services . Schedule ''11.' attached herewith. and Client's Responsibilities The Architect shall review statutes, regulations, codes and by-laws 2.2.1 Statutes, applicable to the design and where necessary review the same with Regulations, the authorities having jurisdiction in order that the required consents, Codes & By-Laws approvals, licences and permits necessary for the project can be applied for and obtained by the Client. If the Architect provides assistance to the Client in applying for the 2.2.2 ¡:: necessary approvals, the client acknowledges that the Architect can- e .~ not guarantee their issuance noc predict the time required to obtain ~ the required consents, approvals, licenses and permits. '1:! .!¡ Where the Architect prepares estimates of the Construction Cost for 2.3 Estimates of .S! j the Client, he does not warrant the accuracy of such estimates as Construction matters of cost are beyond his control. For the acceptance of the Cost ~ Client, he shall review and revise these estimates as the preparation I of drawings and specifications proceeds. ~ in the event that the Architect makes revisions to or provides addi- 2.4 Additional .,> ~ tiona! drawings, specifications or other documents when such revi· Services sions or additions are: '1:! (a) inconsistent with written approvals or instructions previously ¡:: ':! given, - (b) required by the enactment or revisions of statutes, regulations, .§ codes or by-laws, Ö (c) due to the interpretation of the authorities having jurisdiction I differing from the Architect's interpretation of statutes, regula- tions, 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 1 (e) not contemplated in Schedule "ll', such services shall be considered as additional services and shall be provided ouiy with the written authorization of the Client. '& The Client shall furnish information, surveys, reports and services as 2.5 Client ~ set out in Scheduie A, the accuracy and completeness of which the Information ~ 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 Client unless explicitly provided otherwise. ¡;¡ "I ¡:: General Conditions 3 .::; ] Plans, sketches, drawings, graphic representations and specifications 3.L1 Copyright ð as instruments of service are and shall remain the property of the and Use of Architect whether the project for which they are made is executed Documents or not. The Client shall be permitted to retain copies, including reproducible copies, of plans, sketches, drawings, graphic representa· tions and specifications for infonnation and reference in connection with the Client's use and occupancy of the project. Except for refer- 00 ence 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 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. . 3.L2 Liability of the Architect 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 When models or architectural renderings are specifically commissioned by the Client, the Client shall be entitled to keep the original model or architectural rendering. in consideration of the premises and of provision of the services by the Architect to the Client under this agreement, the Client agrees that any and all claims which he has or hereafter may have against the Architect in any way arising out of or related to the Architect's duties and responsibilities pursuant to this agreement (hereinafter referred to in this Article 3. as "claims" or "claim"), whether such claims sound in contract or in tort, shall be limited to the amount of $250,000.00 each claim and $500,000.00 for all claims during each period of coverage as provided by the Architect's professional liability insurance or indemnity against errors and omissions in effect at the date of execution of this agreement, including the deductibie portion thereof and to the extent only that such insurance or indemnity is available to the Architect to satisfy such claims. The Architect in this paragraph includes officers, directors, architects, his employees, representatives and consultants. The Architect's policy for professional liability insurance or indemnity for errors and omissions is availabie for inspection by the Client at all times upon request. Prior to the date of execution of this agreement, if the Client wishes to increase the amount of the coverage of such policy or to obtain other special insurance coverage, then the Architect shall co-operate with the Client to obtain such increased or special insurance coverage at the Client's expense. It is agreed that: (a) the Client will not assert a claim against the Architect unless the Client has asserted such a claim within any required time limitation against all persons who might reasonably be liable therefor and (b) any waiver by the Client with respect to a claim in favour of any of such persons shall constitute a waiver by the Oient in favour of the Architect with respect to any claim against the Architect. in this paragraph, "waiver by the Client" includes any agreement by the Client to a limitation, exclusion or release whether in whole or in part of the liability of another to the client but does not include a fair agreement of settlement. It is agreed that the Architect shall not be liable for damages, interest, costs or any other expenses arising out of the failure of any manufactured product or any manufactured or factoty assembled system of components to perform in accordance with the manufacturer's specifications, advertising, product literature or written documentation on which the Architect relied in the preparation of the design, construction or supplementary documents. . ~ .0 ~ :::: ~ ~ .::¡ ~ ~ I M ~ ~ '" ~ ~ .~ \j I ~ ~ ¡; § ~ 'ê' ~ 02 "E ~ ~ .'! V'J ~ .::¡ ~ ð it is agreed that the Architect shall not be liable fur any claim, action or suit arising out of or in connection with the inappropriate use of the project by the Client, the owner, any tenant or their respective agents, employees or consultants or with respect to any work performed by them which is not part of the services for the Project as defined by this Agreement. co 'ê' ... Revision 1991 3.2,4 and 3.2.5 . . ¡: .S¡ ~ '1:! .§ j t ~ ~ ~ ~ .~ ìJ j ~ i '& Ë ~ "E .g ¡: ¡;; '" ¡: .S! ] ð '" '& '" . The Architect's liahiiity for all claims of the Client sha1I absolutely cease to exist after a period of six (6) years from the date of: (a) substantial performance of the work; (b) suspension or abandonment of the project; (c) termination of the Architect's services in this agreement, or (d) commencement of the limitation period for claims prescribed by any statute of the province or territoty of the place of the work. whichever shall first occur, and following the expiration of such period, the Client shall have no claim whatsoever against the Architect. The Architect's liability with respect to any claims arising out of this agreement shall be absolutely limited to direct damages arising out of the Architect's services rendered under this agreement, and the Architect shall bear no liability whatsoever for any consequential loss, injury or damage incurred by the Client, including but not limited to claims for loss of profits and loss of markets. Unless otherwise provided in this Agreement, the Architect and the Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any fonn at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. 1f 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 sha1I be compensated within 30 days of the date that an invoice is rendered for all services perfonned, together with reimbursable expenses then due. 1f 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. Uuiess 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 perfonnance, the Client shall arrange with the Architect for services as provided under paragraph 2.4. This agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perfonn in accordance with its tenns through no fauit of the party initiating the termination. 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. 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 tennination date, together with reimbursable expenses then due. 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. Revision 1991 3.2.6 revised 3.2. 7 added 3.4.3 and 3.4.4 3.2.6 3.2.7 3.3.1 3.4.1 3.4.2 3.4.3 3.4.4 3.5.1 Project Suspension or Abandonment Termination Extent of Agreement 4. Percentage Based or Fixed Fee Hourly Rates Calculating the Fees by Percentage of Construction Cost 4.1 4.2.1 4.2.2 4.2.3 4.2.4 4.3.1 4.3.2 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. . A percentage fee as defined in 4.3.1 of Twenty-three Thousarrl A fixed fee of Seven Hundred Percent and/or $ 23,700 and/or Hourly Rates: Principals ¡;: .0 ~ ] .S;¡ ê "'" ~ I Staff ~¿ 1.3 .!1 ~ ~ ~ :::: .~ Ö ~ ~ ~ ~ ! '& ~ 02 ~ ~ ¡;: $j '" $ $ $ Total Not to Exceed $ without Client's approval in writing. The hourly rates shall apply for all additional services. Where services are perfor¡ned on the basis of hourly rates, invoices shall be issued Nf..A . When the fee for the Architect's services is based on a percentage of the construction cost as described below, the basis for the apportioning of the applicable percentage of the fee for the phases of the services shall be calculated on the following: Schematic Design Phase: the mutually agreed Construction Budget at the commencement of the phase. Design Deveiopment Phase: the approved estimate of Construction Cost at the commencement of the phase. Construction Documents Phase: the approved estimate of Construction Cost at the commencement of the phase. Bidding or Negotiation P.hase: the approved estimate of the Construction Cost at the commencement of the phase. Construction Phase - Contract Administration: the actual Construction Cost. ¡;: .:::: i;! ~ ð When invoices are issued on a monthly basis where the fees are based on a percentage of Construction Cost or a fixed fee, the amounts invoiced shall be in proportion to the services performed within the phases listed beiow in the "Schedule of Payments". 00 '& \0 Revision 1991 4.2.1, 4.2.2 to 4.2,4 (relocated) and 4.],1 . . The fee for the Architects services shall be apportioned to the phases of service as follows: Execution of this agreement Predesign Phase Schematic Design Phase Design Development Phase Construction Documents Phase Bidding or Negotiation Phase Construction Phase - Contract Administration N/A N/A N/A N/A N/A $ 3 . 700 $ 20.000 $ $ $ $ $ or or or or or or 16 80 or ¡:: c ~ "" ~ .¡¡ ~ I $ 23,700 or 100% TOTAL: When revisions or additions are made to the program of requirements or previously approved documents prepared by the Architect in any of the phases of services stated above and such revisions or additions require services beyond those already provided in this phase or any previous phase, the fee for such services shall be increased based on additional services or as otherwise mutually agreed for any of the applicable phases. 1:3 f ] <:! .~ is Reimbursable expenses are in addition to the Architect's professional fees, and are the actual expenditures of the Architect and the Architect's consultants in the interest of the project plus 7. 5 % of such actual expenditures. They include expenditures for: (a) travel, inclUding transportation, lodging and meals, with car ex- pense computed at .31 per kilometer; (b) commuuication and shipping, including long distance telephone calls, telegrams, telex, courier service, postage and electronic conveyances; (c) reproduction of plans, sketches, drawings, graphic representa- tions, specifications and other documents, excluding reproduc- tions for the Architect's and the Architect's consultants' office use. j ~ i '& Ë ~ ~ ~ ¡¡ '" ¡:: .¡¡ ] ð if the services covered by this agreement have not been completed within 12 months of the date of this agreement, through no fuult of the Architect, the amounts of compensation as set out in this agreement shall be renegntiated. In the event that new or additional taxes in respect of the services included in this Agreement are required by federal or provincial iegislation after the Agreement is executed, the amount under this Agreement shall be adjusted to include such levies. Fees and reimbursable expenses may be subject to 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 Goods and Services 'Iàxes that become payable in relation to the fees and reimbursable expenses as required by legislation. Unpaid accounts shall bear interest at 2% 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. (Federal and Provincial statutes and regulations at tbe Client'$ and Archttects principal places of bustness, tbe locatwn of tbe project and elsewhere may affect the validity altbis provision. Specific legal advice should be obtained with respect to deletion. modification, or other requirements such as wrinen disclosures or waivers.) "" '& '" . Revisions 1991 4.6, 4,7.2, 4.7.3 and 4.8 4.4 % % % % % % % 4.5 4.6 4.7.1 4.7.2 4.7.3 4.8 Schedule of Payments Additional Services Reimhursab1e Expenses Changes & Adjustments - Interest 5. Other Conditions . 1. Fixed Fee and reimbursable expense amm.mts do not include the applicable Goods and Services Tax. 2. Refer to previous, separate Client/Architect Agreement dated April 3rd, 1992 for Design Develo¡xnent Phase and Construction Documents Phase. ¡:: .0 ~ '" ~ .<:! ~ "'" ~ I This agreement entered into as of the day and year first above written. Client ~ " ~ ;,¡; ~ '" ¡:: <:! .~ ¡J J ~ ¡; ~ ~ 'Q> ~ :2 ~ ~ ¡:: ::¡ Vj ¡:: .::¡ ~ ¡:: ð TOWN OF KINCARDINE - . 707 Q.Jeen Street Kincardine, Ontario N2Z 1Z9 . . - ~ /. ~ ~. ". . ".--:-- ~ . . Architect ---- CHAMBERLAIN ARCHITECT SERVICES LIMITED co 'Q> co 100LChamplain Avenue, Suite #300 Burlington, Ontario L7L SZ4 by . Witness -e . II " " llCHAMßE:RLAIN II CHAMBERLAIN ARCHITECT SERVICES LIMITED FEE SCHEDULE (Effective July 1, 1992) PERSON HOURLY RATE PRINCIPAL ARCHITECT $165.00 ARCHITECT OR ENGINEER (Staff) SENIOR TECHNOLOGIST 87.00 57.00 INTERMEDIATE TECHNOLOGIST 48.00 JUNIOR TECHNOLOGIST 33.00 CLERICAL 29.00 COMPUTER AIDED DESIGN AND DRAFTING (CAD D) 16.00 TERMS 1. Invoices are rendered monthly and are due and payable when rendered. 2. IRter9£t is sRar§9d at 1i%. per eAAblR=I 9Ft I:IAp:liå aSS9I::1Ats. See Article 4.8 - Interest of the Client/Architect Disbursements are in addition tO~he Arc ect's Fees. Agreement. Disbursements are defin~s~ç rinti~tOgraPhS' long distance telephone or telefax outside the (416) area 51) ,postage, taxi or courier, travel, accommodation and meals outside a radius of 60km of the Consultant's Office plus any other monies spent on behalf of the Client as a direct job cost rela ex .3 'Â1fI.- Automobile travel shall be invoiced at s/km.U·- 3. 4. 5. Corporate aircraft travel shall be invoiced at $165.00 per hour. 6. The CADD hourly rale shown above is factored into the hours of the person operating the computer. 7. The fees and reimbursable expenses are subject to adjustment in the event of the imposition of new or additional taxes. The Goods and Services Tax is in addition to all charges. (rev. 9/92-[17]) . ~ . Schedule "An Schedule of Architect's Services and Client's Responsibilities ARCHITECT'S ADOI- CLIENT'S NOT iTEM TiONAL RESPON- APPLlC- SERVICES SERVICES SIBlLlTiES ABLE Statement of Requirements or Building Program X Measured Drawings X Certified land Survey X Z I.?¡¡.¡ Soil Report X ~ª Construction Budget !:àø. X ø. Toxic and Hazardous Materials Report X Other: X Review and Client Approval to be Obtained Before Proceeding to Next Phase Structural Engineering Services X ~ Mechanical Engineering Services X Electrical Engineering Services X ¡..¡ => en Landscape Architectural Services Z X 0 U Cost Estimating Services X Other: X Review of Program of Client's Requirements X Investigate Existing Conditions X U - ~~¡¡.¡ Schematic Design Documents X ¡¡'¡gJª Estimate of Construction Cost :to'" X U en Other: X Review and Client Approval to be Obtained Before Proceeding to Next Phase ~ Design Development Documents y Z:;¡¡¡.¡ Estimate of Construction Cost y I.?ø.ª -0 æ....'" Other: y O~ Review and Client Approval to be Obtained Before Proceeding to Next Phase 0 Revis/on 1991 1bxic and Hazardous Materials Report added Al Schedule "A" . ARCHITECT'S ADD!- CliENT'S NOT ITEM TlONAL RESPON- APPLiC- SERViCES SERVICES SlBiUTlES ABLE Drawings X Z Specifications 6~~ y Estimate of Construction X ~~~ Præaration of Bidding Information ",Uø.. an Construction Contract Conditions X ZO OQ Other X U Review and Client Approval to be Obtained Before Proceeding to Next Phase Bid Call X ø::Z 09 Bid Receipt and Review y I.?~~ Contract Negotiations ~8~ X Preparation of Contract æ¡~ X Other X OFFICE FUNCTIONS Obtain Proof of Bonds and Insurance Policies X Z 0 Review Construction Schedule X - ~ Supplementary Details and Instructions X I;; - Shop Drawing Review Z X - ::E OIange Orders S! y ¡.."" Review Contractors Documentation at ~~ Project Completion X :> FlEW FUNCTIONS O::! Site Meetings u~ X I~ Site Visits X ~a:¡ ~8 Consultant Co-ordination X ø.. Ins~ction & Testin~ Services Z 0 (Sli ject to paragrap 2.5) X ¡:: Contract Document Interpretation U X ~ Certificate for Payment Review X Substantial Performance Cenification 0 X U Twelve Month Warranty Review X Other: X . A.2 Schedule "A" . ARCHlTECf'S ADOI- CliENT'S NOT ITEM TlONAL RESPON- APPLlC- SERVICES SERVICES SIBILlTlES ABLE Zoning Amendment X Site Development Review X ...¡ Development ApprovaVAgreement X ~ .. U Zoning By-law Variance X ~ Building Permit X ::i1 Other: X ,....., ~ ~~ Planning X ¡::::c Health X U "u ~ ~::J Work/RoadsIEngineering X ;:¡~ Q Conservation X ....., ~ ~~ Other: X ~~ ",0 ~~ Housing X i:i!~ labour X O~ §~ Health X < - Fire Marshal X i5~ _0 Elevating Devices X ~§ ~ Transportation X ~::J ø.. ~ Communications X ~~ Environment X ~ ~~ Social and Family Services X Municipal Board y U 2; Liquor Licensing Board '-' X Other: X ...¡ CMHC X ~ Other: X ¡,¡¡ Q æ . A.3