Schedule C Article 6 Other Conditions

advertisement

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’s basic services shall consist of the phases described in paragraphs 2.1 through 2.9 inclusive and in addition to normal structural, mechanical and electrical engineering shall include as basic services

Landscape Architect and storm-water management engineering. In secondary school projects, the kitchen consultant shall be included as a basic service. new

The Architect, as a basic service, shall arrange for, and co-ordinate on behalf of the Client, throughout the progressive phases, until necessary information is incorporated into the Contract Documents, for the quotations of services for 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. [It is not to be assumed that this is a complete list for additional sub-consulting services that may be required.] The fees for these additional consultants shall be paid directly by the Client, upon review and approval by the Architect. (The exception are flow tests which will be paid for by the Consultant.)

C6.4 Add the following to Clause 2.2.4:

The Architect as a basic service shall include preparation and submissions required for approval by authorities having jurisdiction including for zoning issues, variances from by-laws and/or site plan approvals necessary for proceeding with the project;

C6.5 Add the following to Clause 2.3.2:

The Construction Cost estimate shall indicate various trade division costs, percentage comparison of trade work, area costs etc., and all proposed cash allowances from all Architect’s consultants, to be included in Division 1 of the specifications. If authorized by the Client any contingency allowance shall be included; and

C6.6 Add the following to Clause 2.3.3:

The Architect as a basic service, if requested by the Client, may be required to make a public meeting presentation of the design of the school to the local community.

1

C6.7 Add the following to Clause 2.4.2:

An adjusted Construction Cost estimate, based on the previous format shall be submitted to the Client for approval at approval of sketch plans and at

50% completion and prior to 80% completion of the Contract Documents;

C6.8 Substitute ‘the Architect’ for ‘the Client’ and add the following to Clause

2.4.4:

As agent of the Client, the Architect as a basic service, will make every effort to obtain all required consents, approvals, licenses and permits from authorities having jurisdiction. The Municipal charges for such consents, approvals, licenses and permits to be paid by the Client. The Architect and

Architect’s consultants shall prepare and submit to the Municipality an acceptable set of documents complying with all required acts, codes, by-laws and established standards of the Municipality. Documents shall comply with requirements of The Office of the Fire Marshal and local Fire

Department, without exception.

C6.9 Add the following to Clause 2.5.1:

The Architect, as a basic service, shall 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-2/94.

C6.10 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.

C6.11 Add the following to Clause 2.6.2.6:

The Architect shall provide General Review to comply with OAA good practise 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;

C6.12 Add the following to Clause 2.6.2.19:

Within sixty (60) days of award of the construction contract, the Architect as basic services shall submit to the Client for approval the final colour scheme and signage schedule and other similar services required for or in connection with completion of the project;

C6.13 Add new Clause 2.6.2.24:

Generally, a principal of the Architect shall 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

2

necessary, the Architect, and Architect’s consultants shall attend other coordination meetings requested by the Client to improve construction schedules and flow of information.

C6.14 Revise Clauses 2.8.2

and 2.8.3

as follows:

From 15% to 8% for elementary schools -or- from 15% to 5% for secondary schools.

C6.15 Add the following to Clause 2.8.3:

The Architect as a basic service shall provide services for a second bid should the project exceed the latest Client approved Construction Cost estimate of Clause 2.8.2, as revised.

C6.16 Revise sentence 1 of Clause 3.1.1.1

as follows:

Upon request, the Architect will provide as basic services, an analysis of the

Client’s needs and assist in developing a program of spatial and functional requirements for the project,

C6.17 Add new Clause 3.1.1 5:

The scheduling of all design and contract documents phases, which must reflect a Client approved time frame for building permit issuance and construction of the project. The pre-determined opening date of the school cannot be changed and shall be respected by the Architect and the

Architect’s consultants.

C6.18 Delete the following from Clause 3.2.2:

“obtain and’”

C6.19 Delete the following Clauses:

4.3.1.1, 4.3.1.2, & 4.3.1.3 and ‘plotting of computer generated drawings’ from Clause 4.3.1.4.

C6.20 Modify the following to Clause 4.3.1 3: submission of plans and specifications required for Municipal Approvals by the Architect only – this applies specifically to the Site Plan application and

Building Permit application only, bid documents issued by the Architect at the time of Tender of the project only, and only Client pre-approved distribution costs. Verification and proof of these printing costs must be provided at the time of claim for reimbursement.

C6.21 Delete 4.5.1.1

to 4.5.1.5

and add the following new sentences to Clause

4.5.1:

6. The GST 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 construction value, excluding

GST. All phases will be adjusted accordingly. The tender will be the basis of the construction value.

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

.

3

C6.22 Alter the following Clause 4.8.1: from '60 days' total to '180 days' total

C6.23 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.

C6.24 Delete the following from Clause 5.2.1:

' for additions or alterations to the Project or'

C6.25 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 of the electronic medium of the entire project, including all disciplines. The format shall be determined at the time.

C6.26 Add the following new Clause 5.5.1 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 consultants.

C6.27 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.

4

C6.28 Insert at Schedule A - A1.1:

'Nil/zero'

C6.29 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 GST. 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.

C6.30 Insert at Schedule A - A2.2:

24 months - 48 months

C6.31 Insert at Schedule A - A3.3:

'24 months from Date of this Agreement'.

C6.32 Insert at Schedule A - A3.2 & A4.1:

'Zero (0%)'

C6.33 Delete at Schedule B - B3 the following Clauses:

B3.1; B3.11; B3.24; B3.27

C6.34 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

C6.35 Delete Clause B3.8

in its entirety .

C6.36 Add the following at the beginning of Clauses B3.18

& B3.19:

'The Architect may choose to charge the Contractor for additional services when...'

C6.37 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 Owner-

Contractor construction agreement.'

LATEST REVISIONS ARE IN GREEN FONT

DATE ISSUED

:

NOVEMBER

3, 2003

REVISION

3:

REVISION 1:

REVISION 2:

MAY 2001

MARCH 2006

REVISION 4:

JULY

2006

JUNE 2008

FGL/sm. E:\Data\Word\DPCDSB INFO MANUAL FOR ARCHITECTS\DPCDSB-ARCHITECTS Schedule C Client-Arch.Agrmnt..doc

5

Download