HomeMy WebLinkAboutKIN 92 067 Chamberlain Architect
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1992-67
A BY-LAW TO AUTHORIZE THE SIGNING OF A STANDARD
CLIENT/ARCHITECT AGREEMENT DOCUMENT
WHEREAS the Council for The Corporation of the
Town of Kincardine deems it advisable to enter into a
standard Client/Architect Agreement;
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 into
an agreement with Chamberlain Architect Services Limited
to services in providing architectural services for the
additions and renovation to the Kincardine Public
Library .
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 Limited
which is attached to this by-law and to affix the Town's
Corporate seal as and when required.
3. This by-law shall come into full force and effect upon
its final passage.
4. This by-law may be cited as the "Chamberlain
Architectural Services Agreement By-law".
READ a FIRST and SECOND time this 6th day of August, 1992.
READ a THIRD time and FINALLY PASSED this 20th day of August,
1992.
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l Canadian Standard
Fonn of Agreement
Between Client
and Architect
Abbreviated Version
DOCUMENT SEVEN
1989 Edition CO,I,IITIEE OF C\.'\.\DL\.\; .\RCHITECTCR\L COCSCILS
Ri?/'Ísed 1991
Canadian Standard Form of Agreement
between Client and Architect
Abbreviated Version
DOCUMENT 7
1989000
Revised 1991
This document has been endorsed by the following member associations of the Committee of Cana-
dian Architectural Councils (CCAC):
Architectural Institute of British Columbia
Alberta Association of Arcbitects
Saskatchewan Association of Arcbitects
Manitoba Association of Architects
Ontario Association of Architects
Arcbitects Association of New Brunswick
Nova Scotia Association of Architects
Arcbitects Association of Prince Edward Island
Newfoundland Association of Architects
Royal Architectural Institute of Canada
Enquiries should be directed to:
Practice Aft'airs
Committee of Canadian Architectural Councils
Suite 330, 55 Murray Street
Ottawa, Ontario
KIN 5M3
(613) 232-8341
Contents
Agreement Between Client and Architect
L 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 Uability of the Architect
3.3 Project Suspension or Abandonment
3.4 Termination
3.5 Extent of Agreement
4. Fees and Reimbursable Expenses
4.1 Professional Fees
4.2 Percentage Based or Fixed Fee
4.3 Calculating the Fees by Percentage of Construction Cost
4.4 Schedule of Payments
4.5 Additional Services
4.6 Reimbursable Expenses
4.7 Changes & Adjustments
4.8 Interest
S. Other Conditions
Schedule"K Schedule of Architect's Services and Client's Responsibilities
l
CCAC Copyright t989 and 1991
MUlt 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 3rd day of
nineteen hundred and
April
in the year of 1992
Between the Client:
(Include name and address)
Town of Kincardine
707 ~een Street
Kincardine, cntario
N2Z 1Z9
and the Architect:
(Include name and address)
Chamberlain Architect Services Limited
1001 Charrplain Averrue, Suite #300
Burlington, cntario
L7L 5Z4
For the following Project: Kincardine Public Library
Address: Addition and Renovations
Description: ~een Street, Kincardine, cntario
Design Develcpnent Phase and Construction Documents Phase
Existing Library Building: 3,966 sq. ft.
Proposed Addition: 4.530 sq. ft. (approximate)
as described in detail in the Scherœ1tic Design Study Report dated
February 28, 1991, as prepared by CharTDerlain Architect Services
Limited for the Town of Kincardine.
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
L1
L2
L3
L4
L5
1.6
L7
The Construction Budge¡ is the Client's estimated ConstrucUon
Cost including contingencies for cost increases.
Construction COS¡ means the contract price( s) of the projec¡
designed or specified by or on behalf of the Archi¡ect, including
all applicable taxes whether recoverable or not. Where there is no
contract price for all or par¡ of the project, the Construction COS1
shall be the estimated cost at market rates at the es¡imated time of
construction as determined by the Architect ConstrucUon Cost
does no¡ include the compensation of the ArchUect and the
Architecfs consultants, the cost of the land, or other costs which
are the responsibility of the Client. In the event tha¡ 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 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
projec¡.
Design Development Documents consis¡ of drawings and other
documents appropria¡e to the size of the project, to fix and
describe the size and character of the entire project as ¡o 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 detennine whether the construction is in
general conformity with the contract documents and reporting
thereon.
Schematic Design Documents consist of documents which
illusuate the scale and character of the project and how the parts
of the project functionally rela¡e to each other.
Bank Rate meanS the bank ra¡e established by the Bank of Canada
as the minimum rate at which the Bank of Canada makes short
term advances to the chartered banks.
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Revision 1991
1. 7 Bank Rate Added
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Responsibilities
The Architect's services and Client's responsibilities are as set out in
Schedule "!I.' attached herewith.
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The Architect shall review statutes, regulations, codes and by-laws
applicable to the desigu and where necessary review the same with
the authorities having jurisdiction in order that the required consents,
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
necessary approvals, the client acknowledges that the Architect can-
not guarantee their issuance nor predict the time required to obtain
the required consents, approvals, licenses and permits.
Where the Architect prepares estimates of the Construction Cost for
the Client, he does not warrant the accuracy of such estimates as
matters of cost are beyond his control. For the acceptance of the
Client, he shall review and revise these estimates as the preparation
of drawings and specifications proceeds.
In the event that the Architect makes revisions to or provides addi-
tional drawings, specifications or other documents when such revi-
sions or additions ace:
(a) inconsistent with written approvals or instructions previously
given,
(b) required by the enactment or revisions of statutes, regulations,
codes or by-Jaws,
(c) due to the interpretation of the authorities having jurisdiction
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
(e) not contemplated in Schedule "!I.',
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 Client unless explicitly provided otherwise.
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General Conditions
Plans, sketches, drawings, graphic representations and specifications
as instruments of 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 representa-
tions and specifications for infonnation and reference in connection
with the Client's use and occupancy of the project. Except for refer-
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.
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2
2.1 Architect's Semces
and Client's
Responsibilities
2.2.1
2.2.2
2.3
2.4
2.5
3.1.1
Statutes,
Regulations,
Codes 8< By-Laws
Estimates of
Construction
Cost
Additional
Semces
Client
Information
3
Copyrigbt
and Use of
Documents
3~2
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 Oient 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 agains1
errors and omissions in effect at the date of execution of this
agreement, including the deductible 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 available 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-opefate 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 Clien1 with respect to a claim in favour of
any of such persons shall constitute a waiver by the Client 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 factory
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.
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It is agreed that the Architect shall not be liable for 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.
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Revision 1991
3.2.4 and 3.2.5
.
The Architect's liability for all claims of the Client shall 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 Arcbitect's services in this agreement, or
(d) commencement of the limitation period for claims prescribed
by any statute of the province or territory 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 clain1s
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 dan¡age incurred by the Client,
including but not limited to clain1s for loss of profits and loss of
markets.
Unless otherwise provided in this Agreement, the Architect and
the Architect's consnltants shall have no responsibility for the
discovery, presence, bandling, 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.
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This agreement may be terminated by either party upon seven
days' written notice shonld the other party fail substantially to
perform in accordance with its terms through no fault 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 termination 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 Arcbitect.
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Revision 1991
].2.6 revised
].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.S.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
Professional Fees and
Reimbursable Expenses
4.1 The Client shall pay professional fees and reimbursable expenses
to the Architect when invoices are rendered as set forth in this
article.
4.2.1
4.2.2
4.2.3
4.2.4
4.3.1
4.3.2
A percentage fee as defined in 4.3.1 of N/A
Fifty-eight Thousand,
A fixed fee of Five Hundred DoJ 1 "'T«
Percent and/or
$ 58.500.00
andlJøoC: Plus a maximum amount of Nine Hundred and Fifty
dollars ($950.00) for reirrDursable expenses.
Hourly Rates: Refer to attached Schedule.
Staff
$
$
$
$
$
Total Not to Exceed $
without Client's approval in writing.
The hourly rates shall apply for all additional services.
Where services are performed on the basis of hourly rates,
invoices shall be issued N / 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 Development 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.
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 below in the "Schedule of Payments".
Revision 1991
4.2.1, 4.2.2 to 4.2.4 (relocated) and 4.].1
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The fee for the Architects services shal1 be apportioned to the phases 4.4 Schedule
of service as follows: of Payments
Execution of this agreement S N/A or %
Predesign Phase S N/A or %
Schematic Design Phase $ N/A or %
Design Development Phase $ 10.000. or 17%
Construction Documents Phase S 48.500. or 83 %
Bidding or Negotiation Phase S N/A or %
Construction Phase - S N/A or %
Contract Administration
TOTAL: S58 500. or 100%
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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.
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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 15 %
of such actual expenditures. They include expenditures for:
(a) travel, including transportation, lodging and meals, with car ex-
pense computed at . 30 per kilometer;
(b) communication 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.
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If the services covered by this agreement have not been completed
within 6 months of the date of this agreement, through no
fault of the Architect, the amounts of compensation as set out in this
agreement shall be renegotiated.
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.
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 Taxes 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 the Clients and Architect's
principal places of business, tbe location of the project and elsewhere may affect
the vatUtlry of tbis proviSiOn. Specific legal advice should be obtained with respect
to deletion, modification, ()f' other requirements sucb (l$ written disclosures or
waivers.)
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Revisions 1991 4.6, 4.7.2, 4.7.3 and 4.8
4.5
4.6
4.7.1
4.7.2
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4.8
Additional
Services
Reimbursable
Expenses
Changes &
Adjustments
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Other Conditions
1. The fixed fee and re:irnbursable expenses am:JUnts
do not include the applicable Goods and Services
Tax.
This agreement entered into as of the day and year first above
written.
Client
Town of Kincardine
707 Queen Street
Kincardine, Ontario N2Z lZ9
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Architect
Chamberlain Architect Services Limited
1001 Charrplain Avenue, SUite #300
Burlington, Ontario
by
Brian K.
Witness
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Schedule "X'
Schedule of Architect's Services and Client's Responsibilities
ARCHITECT'S
ADD!- CLIENT'S NOT
ITEM TlONAL RESPON- APPLlC-
SERVICES SERVICES SIBlLlTlES ABLE
Statement of Requirements or Building Program X
Measured Drawings X
Certified Land Survey X
Z
ø¡¡¡ Soil Report X
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Construction Budget
~'" X
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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
;..¡
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en Landscape Architectural Services
Z X
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U Cost Estimating Services
X
Other: X
Review of Program of Client's Requirements X
Investigate Existing Conditions X
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~~¡¡¡ Schematic Design Documents X
¡¡¡ffi~ Estimate of Construction Cost
:tQ'" X
U
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Other: X
Review and Client Approval to be Obtained Before Proceeding to Next Phase
~ Design Development Documents X
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Z::;;¡¡¡ Estimate of Construction Cost X
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¡¡¡ Review and Client Approval to be Obtained Before Proceeding to Next Phase
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Revision 1991
1bxic and Hazardous Materials Report added
A.l
Schedule "N.'
ARCHITECT'S
ADDl- CUENT'S NOT
ITEM TIONAL RESPON- APPLIC-
SERVICES SERVICES SlBILITIES ABLE
Drawings X
Z Specifications
9~ y
¡...z~ Estimate of Construction
U~'" X
~~:â Præaration of Bidding Information
"'U~ an Construction Contract Conditions X
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00 Other y
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Review and Client Approval to be Obtained Before Proceeding to Next Phase
Bid Call X
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09 Bid Receipt and Review X
,,~~ Contract Negotiations
~¡...:â X
§8~ Preparation of Contract
¡¡:¡~ X
Other X
OFFICE FUNCTIONS
Obtain Proof of Bonds and Insurance Policies X
Z Review Construction Schedule
0 X
-
~ Supplementary Details and Instructions X
¡;;
- Shop Drawing Review
Z X
-
::is Change Orders
~ X
¡...,-., Review Contractors Documentation at
~~ Project Completion X
FIELD FUNCTIONS
O¡;j Site Meetings
U.... X
,i::i Site Visits
~ X
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:â8 Consultant Co-ordination X
~ Ins/bection & Testin~Services
Z
0 (Su ject to paragrap 2.5) X
-
¡... Contract Document Interpretation
U X
~ Certificate for Payment Review X
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Z Substantial Performance Certification
0 X
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Twelve Month Warranty Review X
Other: X
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A.2
Schedule 'W'
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ARCHITECT'S
ADOI- CliENT'S NOT
ITEM TlONAL RESPON- APPliC-
SERVICES SERVICES SIBIL1TIES ABLE
Zoning Amendment X
Site Development Review X
... Development Approval! Agreement
~ X
-
U Zoning By-law Variance X
-
13 Building Permit X
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,..... Other: X
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~~ Planning X
¡:::r:: Health X
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"'... WorkJRoadslEngineering X
ª~ 0
- Conservation X
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~~ ¡:¡ Other: X
~:£
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~- Housing X
¡::~
::;¡~ Labour X
O~
~~ Health X
< . Fire Marshal X
¡:::£
_0 Elevating Devices X
~~ ~
"'u Transponation X
Z_
0'" U
"" Z Communications
§~ § X
,.." I:iii Environment X
8~ ""
~3 Social and Family Services X
U Municipal Board X
Z
- Liquor Licensing Board
'-' X
Other: X
~ CMHC X
Other: X
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IICHAMBEQLAIN
II
CHAMBERLAIN ARCHITECT SERVICES LIMITED
FEE SCHEDULE
(Effectiye January 1, 1992)
PERSON
PRINCIPAl ARCHITECT
HOURLY RATE
$155.00
ARCHITECT OR ENGINEER (Staff)
SENIOR TECHNOLOGIST
85.00
55.00
INTERMEDIATE TECHNOLOGIST
43.00
JUNIOR TECHNOLOGIST
31.00
CLERICAL
29.00
COMPUTER AIDED DESIGN AND DRAFTING (CADD)
15.00
TERMS
1 . Invoices are rendered monthly and are due and payable when rendered.
2. Unpaid accounts shall bear interest at 2% 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.
3. Disbursements are in addition to the Architect's Fees.
Disbursements are defined as copying, printing, photographs, long distance telephone or
telefax, postage, 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 related expense.
4. Automobile travel shall be invoiced at .30 cents/km.
5. Corporate aircraft travel shall be invoiced at $165.00 per hour.
6. The CADD hourly rate shown above is factored into the hours of the person operating the
computer.
7. These fees and reimbursable expenses are subject to adjustment in the event of the
imposition of new or additional taxes, such as the Goods and Services Tax, in respect of
the services included in this Agreement.
(rev. 7/92-[17))
caslhour IR