1.1 The Architect’s services consist of those services performed by the Architect, the Architect’s employees, and the Architect’s Consultants set forth herein and any other services including the provision of normal structural, mechanical and electrical engineering services by professional engineers when these Consultants are engaged by the Architect.
1.2 The Architect’s services include Consultant Coordination required to integrate all parts of the services.
2.0 Schematic Design Phase
The Architect shall:
2.1 review the program of requirements furnished by the Client and characteristics of the site;
2.2 review and comments on the Client’s Construction Budget in relation to the Client’s program of requirements;
2.3 review with the Client alternative approaches to the design of the Project and the types of construction contracts;
2.4 review applicable statutes, regulations, codes and by-laws and where necessary review the same with the Authorities Having Jurisdiction;
2.5 based on the mutually agreed upon program of requirements, schedule and Construction Budget, prepare for the Client’s review and approval, schematic design documents to illustrate the scale and character of the Project and how the parts of the Project functionally relate to each other; and
2.6 prepare and submit to the Client an estimate of probable Construction Cost based on current area or volume unit costs.
3.0 Design Development Phase
Based on Client approved schematic design documents and agreed estimate of probable Construction Cost, the Architect shall:
3.1 Prepare for the Client’s review and approval, design development documents consisting of drawings and other documents appropriate to the size of the Project, to describe the size and character of the entire Project including the architectural, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate;
3.2 Prepare and submit to the Client for approval a revised estimate of probable Construction Cost, and
3.3 Continue to review applicable statues, regulations codes and by laws as the design of the Project is developed.
4.0 Construction Documents Phase
4.1 prepare, for the Client’s review and approval, Construction Documents consisting of drawings and specifications setting forth in detail the requirements for the construction of the Project
4.2 advise the Client of any adjustments to the estimate of probable Construction Cost, including adjustments indicated by changes in requirements and general market conditions;
4.3 obtain instructions from the advise the Client on the preparation of the necessary bidding information, bidding forms, conditions of the contract and the form of contract between the Client and the contractor; and
4.4 review statutes, regulations, codes and by-laws applicable to the design and where necessary review the same with the Authorities Having Jurisdiction in order that the Client may apply for and obtain the consents, approvals, licenses and permits necessary for the Project.
5.0 Bidding or Negotiation Phase
5.1 Following the Client’s approval of the Construction Documents and the latest estimate of probable Construction Cost, the Architect shall assist and advise the Client in obtaining bids or negotiated proposals and in awarding and preparing contracts for construction.
6.0 Construction Phase Contract Administration
6.1 The extent of the duties, responsibilities and limitations of authority of the Architect as the Client’s representative during construction shall be modified or extended only with the written consent of the Client and the Architect.
6.2 During the construction phase contract administration, the Architect shall:
6.2.1 be a representative of the Client;
6.2.2 advise and consult with the Client
6.2.3 have the authority to act on the Client’s behalf to the extent provided in this contract and the construction contract documents;
6.2.4 have access to the Work at all times wherever it is in preparation or progress;
6.2.5 forward all instructions from the Client to the contractor;
6.2.6 carry out the Field Review / General Review of the Work;
6.2.7 examine, evaluate and report to the Client upon representatives samples of the Work;
6.2.8 keep the Client informed of the progress and quality of the Work, and report to the Client defects and deficiencies in the Work observed during the course of the site reviews;
6.2.9 determine the amount owing to the contractor under the construction contract based on the Architect’s observations and evaluation of the contractor’s applications(s) for payment;
6.2.10 issue certificates for payment in the value proportionate to the amount of the construction contract, of Work performed and products delivered to the Place of the Work;
6.2.11 in the first instance, interpret the requirements the construction contract documents and make findings as to the performance thereunder by both the Client and contractor;
6.2.12 render interpretations in written and graphic form as may be required with reasonable promptness on the written request of either the Client or the contractor;
6.2.13 render written findings within a reasonable time, on all claims, disputes and other matters in question between the Client and the contractor relating to the execution or performance of the Work or the interpretation of the construction contract documents;
6.2.14 render interpretations and findings consistent with the intent of and reasonably inferable from the construction contract documents; showing partiality to neither the Client nor the contractor; but shall be liable for the result of any interpretation or finding rendered in good faith in such capacity;
6.2.15 have the authority to reject Work which does not conform to the construction contract documents, and whenever, in the Architect’s opinion, it is necessary or advisable for the implementation of the intent of the construction contract documents, have authority to require special inspection or testing of Work, whether or not such Work has been fabricated, installed or completed;
6.2.16 review and take other appropriate action with reasonable promptness upon such contractor’s submittals as shop drawings, product data, and samples, for conformance with the general design concept of the Work as provided in the construction contract documents;
6.2.17 prepare change orders and change directives for the Client’s approval and signature in accordance with the construction contract documents;
6.2.18 have the authority to order minor adjustments in the Work which are consistent with the intent of the construction contract documents, when these do not involve and adjustment in the contract price or an extension of the contract time;
6.2.19 furnish supplemental instructions to the contractor with reasonable promptness or in accordance with a schedule for such instructions agreed by the Architect and the contractor
6.2.20 determine the date of Substantial Performance of the Work;
6.2.21 receive from the contractor and forward to the Client for Client’s review the written warranties and related documents;
6.2.22 verify the validity of the contractor’s application for final payment and issue a certificate of final payment; and
6.2.23 prior to the end of the period of one year following the date of Substantial Performance of the Work, review any defects or deficiencies which have been reported or observed during that period, and notify the contractor in writing of those items requiring attention by the contractor to complete the Work in accordance with the construction contract.
7.0 Construction Budget and Estimate of Probable Construction Cost
7.1 The Architect shall review and comment on the Client’s Construction Budget and shall prepare the estimate of probable Construction Cost as set out in this contract.
