4 - Doc 6 Flashcards
Additional Services
Additional Services are the services that are not included as Services to be provided by the Architect in Schedule A – Services at the time this contract is made but
which, with the written agreement of the Client and Architect, are subsequently added to the Services identified in Schedule A – Services.
Architect
The Architect is the person or entity identified in Article A3 of the agreement and who is registered, licensed or otherwise authorized to use the title “Architect” and to
practice architecture at the Place of the Work.
General Review
- synonymous with field review
- review by the Architect and Consultants during visits to the Place of the Work and fabrication sites
- intervals appropriate to the stage of the construction
- necessary to become familiar with the progress and quality of the Work
- determine that the Work is in general conformity with the Construction Documents
- and report, in writing, to Client, the Constructor, and AHJ
Instruments of Service
Instruments of Service are representations, in any medium of expression, of the tangible and intangible creative work that forms part of the Services or Additional
Services.
Ready-for-Takeover
Ready-for-Takeover is as defined in the Construction Contract or, if not defined in the Construction Contract, the date of substantial performance or completion of the Work as defined in the lien legislation applicable to the Place of the Work.
(from CCDC 2 2020)
* Substantial Performance of the Work.
* Requirements for occupancy or occupancy permit
* Final cleaning and waste removal
* As-built drawings, and operations and maintenance manuals
* Operation and maintenance
* Startup and, testing, demonstration, and training on equipment
* Secure access to the Work has been provided to the Owner
* Demonstration and training
Work
The Work means the total construction and related services required by the Construction Documents.
Professional liability insurance vs General liability insurance carried by the Architect
Professional liability insurance = is claims made policy – from commencement of Services to min three years after the Ready-for-Takeover date. (per A 20)
General liability insurance – from date of services to 1 year after Ready-for-Takeover date
GC1 Architect’s Responsibilities and Scope of Services
GC1
.1 perform services in Schedule A- services
.2 perform services with professional skill and care
- authorize person to act on behalf of Arch
- engage consultants in A11.1
- advise client in the interest of the project
- services of coordinating : manage comm with consultants, direction and review consultant services
- maintain admin, financial and other project related records
.11 perform the Services with impartiality …
Reasons for additional services
GC 2 Additional Services
* Programmatic, scope, quality, budget, schedule, or
delivery method changes
* Delayed decision making
* Changes in statutes and regulations
* Inaccurate information provided by the Client
* Differing interpretations of AHJ
* Contractor substitutions
* Excessive RFIs
* Major defects
* Dispute resolution
Client responsibilities
GC3
- as listed in Schedule A - services
- provide arch with surveys, subsurface reports, hazardous reports, all existing building info, etc
- engage consultants identified in A11.2
- engage qualified constructor
- notify arch of change in budget
- make decisions promptly
- review documents
- pay for all approvals/ permits for AHJ
- notify arch if dissatisfied with any of the services
The Construction Cost Estimate shall include contingency amounts for
GC 4.2
.1 a design and pricing contingency to provide for the evolution of the design and refinement of the Construction Cost Estimate prior to the
construction phase,
.2 an escalation contingency to cover price escalation from the time a Construction Cost Estimate is prepared to the time when bids or proposals are received, and (3 month from bid docs ready to bidding - cost estimate to be adjusted to reflect escalation)
.3 a construction contingency to cover necessary design and construction changes that cause Construction Cost increases during the construction
phase including those arising from GC7.3.
If Cost Estimate or bid exceeds Construction Budget, but by less than percentage in A19, client shall:
GC 4.4
.1 provide written approval of an increase in the Construction Budget or,
.2co-operate with the Architect in decreasing the Project scope or quality as an Additional Service.
If Cost Estimate or bid exceeds Construction Budget, by more than percentage in A19, client shall:
GC 4.5
.1 provide written approval of an increase in the Construction Budget, or
.2 abandon the Project and terminate this contract in accordance with GC11 Termination and Suspension, or
.3 co-operate with the Architect in decreasing the Project scope or quality. (at no additional fee)
Architect’s Role and Authority During Construction
GC5
- provide administration of the Construction Contract.
- is not the Client’s authorized agent or representative for the purposes of the Construction Contract.
- shall perform General Review of the Work
- be, in the first instance, the interpreter of the Construction Contract
- be in all communications between client and constructor
- have authority to reject work
- have authority to request inspection or testing
- have authority to order minor adjustments to the work (that doesn’t add cost or time to work)
- issue certificate for payment (based on general review and schedule of values)
NOT responsible for
- omissions by the Constructor
- supervision, safety, means, methods etc of the site/ construction
- toxic materials
- info by product manufacturers
- services that involve substantive modifications
Can terminate or suspend contract for:
GC 11
- bankruptcy
- client can suspend services
- if client suspends service at no fault of the Arch - arch is entitled to be paid for all services to date + additional costs
- if no agreement to resume within 60 days from suspensions , architect may terminate contract
- if client does not pay - arch can terminate contract (by written notice sent to client)
