Appendix A
Schedule C
Article 6 Other Conditions
C6.1 The work and services and the terms and conditions described in this Article
6 form part of and apply to the basic services and additional services being
provided by the Architect to the Client pursuant to this Agreement, as the
case may be.
C6.2 Add the following to the end of Clause 2.1.1:
The Architect shall also include as basic services landscape architect, civil
engineering and storm-water management engineering. In secondary school
projects, the kitchen consultant shall be included as a basic service.
C6.3 Add new Clause 2.1.3:
The Architect as a basic service, shall arrange for, and co-ordinate on behalf
of the Client, throughout the progressive phases until all required information
is incorporated into the Contract Documents, for the quotations of services
for including, but not limited to, necessary land surveys, subsurface/soil
investigations and reports, for asbestos and hazardous materials
investigations, for acoustical and traffic consultants, flow tests; and, if
required by the Client, for environmental gas investigations/reports. The fees
for these additional consultants shall be paid directly by the Client, upon
completion of the work, review and approval by the Architect.
C6.4 Replace clause 2.2.1 with the following:
The Architect shall:
.1
Review the program requirements furnished by the Client, and the
characteristics of the site, and the project scheduling.
.2
Provide any analysis of the Client’s requirements and assist in further
developing the program.
C6.5 Add new Clause 2.2.7:
Prepare and submit documents required for approval by authorities having
jurisdiction for, including but not limited to; zoning issues, variances from bylaws and/or site plan and building permit approvals, necessary for proceeding
with the project.
C6.6 Add new Clause 2.3.4:
Prepare a detailed Construction Cost estimate to indicate the various trade
division costs, percentage comparison of trade work, area costs etc., and all
proposed cash allowances, to be included in Division 1 of the specifications.
If authorized by the Client a contingency allowance may be included.
C6.7 Add new Clause 2.3.5:
Be prepared, unless otherwise instructed to make a public meeting
presentation of the school design to the local community.
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Appendix A
C6.8 Add new Clause 2.4.5:
In addition to 2.4.2, prepare and submit to the Client an adjusted
Construction Cost estimate, based on the previous format for approval at
approval at 50% completion and prior to 80% completion of the Contract
Documents.
C6.9 Delete Clause 2.4.4 and replace with the following revised Clause 2.4.4:
“review statures, regulations, codes and bylaws, applicable to the design and
where necessary, review the same with the authorities having jurisdiction, in
order that the Architect may make every effort, apply for and obtain all
consents, approvals, licenses and permits necessary for the project from the
same”.
C6.10 Add new Clause 2.4.5:
“The Client shall pay the Municipal charges for consents, approvals, licenses
and permits. The Architect and their Architect’s consultants shall prepare
and submit to the Municipality, an acceptable set of document, complying
with all required acts, codes, bylaws and established standards of the
Municipality. Documents shall also comply with the requirements of local Fire
Department, and if applicable, the Office of the Fire Marshall.
C6.11 Add new Clause 2.4.6:
As basic services, submit for Client’s approval, proposals for finishes (Colour
Schedule) prior to completion of contract documents for tender, and submit
the final version of finishes (Colour Schedule) within 60 days of award of
Contract.
C6.12 Add the following to Clause 2.5.1:
The Architect, as a basic service, shall also provide services to assist the Client
in connection with pre-qualification of bidders for the project, negotiation, or
construction prior to completion of the Construction Documents Phase. The
Architect as a basic service shall provide for phased bidding should a separate
foundation or other site preparation work be required to expedite the project
to meet the required scheduled opening. The procedure for award of
construction contract is to be by public tender/bid process. Construction
delivery process to be stipulated sum contract CCDC-2/2008.
C6.13 Add the following to Clause 2.6.1:
The Architect and Architect’s consultants shall respond in a timely manner to
problems and provide necessary clarification arising as a result of the
Contract Documents to avoid extra costs and associated delays to the project.
The Architect’s consultants as basic services, shall carry out all appropriate
site reviews during the Construction Phase, at Substantial Performance and
for any respective warranty deficiencies or defects.
C6.14 Add the following to Clause 2.6.2.6:
The Architect shall provide General Review to comply with OAA good practice
procedures, the requirements of the Ontario Building Code, and the
requirements of the Municipal commitment forms signed by the Client,
Architect and the Architect’s consultants.
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Appendix A
C6.15 Add new Clause 2.6.2.24:
Assure that, a principal of the firm attend by-weekly site meetings. The
Architect shall conduct by-weekly site meetings and prepare and issue
minutes accordingly. In addition to by-weekly site meetings, when necessary,
the Architect, and Architect’s consultants shall attend other co-ordination
meetings requested by the Client to improve construction schedules and flow
of information.
C6.16 Add new Clause 2.6.2.25
prepare tender documents and call tenders for sub trade work identified in
tender Cash Allowances, such as, but not limited to: Testing and inspections,
HVAC system commissioning and Testing, adjusting and balancing (TAB),
hardware supply, signage, P.A. and ICT requirements, etc.
C6.17 Revise Clause 2.8.2:
First sentence as follows:
“If the bona fide bid or lowest negotiated proposal exceeds the latest approved
construction cost estimate by more than 8% for elementary schools or 5% for
secondary schools. The Client shall”….
C6.18 Revise Clause 2.8.3:
Delete: “15%”
Add: “8% for elementary schools, or 5% for secondary schools”.
C6.19 Delete the following from Clause 3.2.2:
“obtain and’”
C6.20 Delete and add to 4.3.1
Delete: “ plus the percentage of such actual expenditure for administrative
services specified in Schedule “A”.
Add: “An allowance will be assigned by the Client to the project for the
allowable reimbursable expenses. Verification and proof must be presented
to the Client for claim of these reimbursable expenses by the architect from
this allowance”.
C6.21 Delete the following Clauses:
4.3.1.1, & 4.3.1.3
C6.22 Delete 4.5.1.1 to 4.5.1.5 and add the following new sentences if percentage
based fee is determined to Clause 4.5.1:
.6
The HST is not included in the calculation of fee amounts for basic and
additional services.
.7
The Architect’s and Consultants’ full fees for basic and additional
services shall be determined on the final construction value, excluding
HST. All phases will be adjusted accordingly.
.8
A fee will be negotiated if the tender costs exceed the budget and limits
specified in clauses 2.8.2 and 2.8.3.
C6.23 Alter the following Clause 4.8.1:
Replace reference to “60 days” with “180 days”
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Appendix A
C6.24 Add the following paragraphs to Clause 5.1.1:
The Architect, and the Architect on behalf of the Architect’s consultants,
hereby provides to the Client the full and unfettered right to use the building
as the Client sees fit in its sole determination; the Client may alter the building
in any manner as it sees fit to accommodate the use or proposed use of the
building; and the Client may alter, renovate or add to the building in any
manner it sees fit - all without infringing on the copyright of the Architect, the
waiving of such copyright being granted by execution of this Agreement by the
Architect.
The Architect hereby grants the Client the right to use the electronic files of
the project for internal alterations to the building and for additions to the
building by others as may be retained by the Client at some future date, and
in any manner the Client sees fit. Under these circumstances, the Client will
hold this Architect of Record harmless and indemnify this Architect against
all losses, damages, and extra costs arising out of any such use or reuse.
C6.25 Delete the following from Clause 5.2.1:
' for additions or alterations to the Project or'
C6.26 Add the following to Clause 5.2.1:
The Architect as a basic service, shall provide to the Client at completion of
the Project the as-built version in an electronic medium of the entire project,
including all disciplines. The medium shall be in CAD format.
C6.27 Add the following new Clause 5.5.3:
The Architect shall submit proof of Professional Liability Insurance, including
errors and omissions coverage and shall submit proof for each of the
Architect’s sub consultants. This is to be submitted at time of contract
execution.
C6.28 Delete Clause 5.5.2 in its entirety:
C6.29 Add the following new Clause 5.5.3:
The Client may seek compensation from the Architect where additional
construction
costs arise after execution of the construction contract, from the following
specified causes:
-
non-compliance with the preceding Clause 6.8 of Other Conditions;
design and/or contract documents errors, including Architect’s
consultants;
lack of co-ordination errors from all bid, contract, or contract documents;
foreseeable site conditions under responsibility of the Architect;
deviation from Client guidelines, requirements or directives;
Respective consultant design fees resulting from the specific causes may or
may not be paid to the Architect as determined by the Client.
C6.30 Insert at Schedule A - A1.1:
'Nil/zero'
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Appendix A
C6.31 Insert the following at Schedule A - A2.1:
The basis for the final fee calculation, including all phases of the project, when
based on a percentage fee of the work (4.5.1), shall be based on the bid
amount until determination of the final contract amount at the last Certificate
for Payment, incorporating all credits, extras, any unused allowance, unused
contingency amounts and shall exclude the HST. Fee payments on previous
phases performed from Clause 4.5.1 are not final cumulative amounts earned
but shall be inclusive in the final fee calculation to determine the last net
payment owing. Construction Lien holdback shall apply to all fees and to
same time frames as Contractor for both Substantial and Total Performance.
C6.32 Insert at Schedule A - A2.2:
24 months - 48 months
C6.33 Insert at Schedule A - A3.3:
'24 months from Date of this Agreement'.
C6.34 Insert at Schedule A - A3.2 & A4.1:
'Zero (0%)'
C6.35 Delete at Schedule B - B3 the following Clauses:
B3.1; B3.11; B3.24; B3.27
C6.36 Add the word ‘extensive’ in front of services, or wherever appropriate, at
Schedule B B-3 to all the following Clauses:
B3.5; B3.14; B3.15; B3.16; B3.17; B3.18; B3.20; B3.21; B3.25
C6.37 Delete Clause B3.8 in its entirety.
C6.38 Add the following at the beginning of Clauses B3.18 & B3.19:
'The Architect may choose to charge the Contractor for additional services
when...'
C6.39 Delete the following at Schedule B - B3 in Clause B3.26:
'... mediation, arbitration proceeding... when in conjunction with the
parameters of the Dispute Resolution Clause 5.4 and the CCDC Document 40
is invoked by any party to this Agreement or by the separate OwnerContractor construction agreement.'
LATEST REVISIONS ARE IN BLUE FONT
DATE ISSUED:
NOVEMBER 3, 2003
REVISION 1:
MAY 2001
REVISION 2:
MARCH 2006
REVISION 3:
REVISION 4:
REVISION 5:
JULY 2006
JUNE 2008
AUG. 2011
REVISION 6: AUGUST 2015
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