Scope, Responsibilities, and Services of Architect. 2.1. Architect shall render the Services described in Exhibit “A,” commencing with receipt of a written Notice to Proceed signed by the District representative. Architect’s Services will be completed in accordance with the schedule attached as Exhibit “C.” 2.2. Architect’s duties and services under this Agreement shall not include preparing or assisting the District with any portion of the District’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the District. The District shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Architect’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Architect shall cooperate with the District to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Architect pursuant to this Contract. 2.3. Architect shall provide Services that shall comply with professional architectural standards, including the standard of care applicable to architects designing public school facilities and applicable requirements of federal, state, and local law, including, but not limited to, the requirements of the California Business and Professions Code, the California Education Code, and the California Code of Regulations. All persons providing professional services hereunder shall be properly licensed as required by California law. 2.4. The District intends to award the Project to Contractor(s) pursuant to a competitive bid process. District reserves its right to use alternative delivery methods and the Architect’s scope of work may be adjusted accordingly. 2.5. Architect acknowledges that all California public school districts are obligated to develop and implement the following storm water requirements for the discharge of storm water to surface waters from its construction and land disturbance activities where the project disturbs one (1) or more acres of land and is not part of a larger common plan of development or sale, the project disturbs one acre or more of land, or the project disturbs less than one (1) acre of land but is part of a larger common plan of development or sale, or where the District engages in maintenance (e.g., fueling, cleaning, repairing) or transportation activities. 2.5.1. Architect shall provide the design for the Project, without limitation: 2.5.1.1. A municipal Separate Storm Sewer System (“MS4”). An MS4 is a system of conveyances used to collect and/or convey storm water, including, without limitation, catch basins, curbs, gutters, ditches, man-made channels, and storm drains. 2.5.1.2. A Storm Water Pollution Prevention Plan (“SWPPP”) that contains specific best management practices (“BMPs”) and establishes numeric effluent limitations. 2.5.2. Architect shall conform its design work to the District’s storm water requirements indicated above, that are approved by the District and applicable to the Project, at no additional cost to the District. In addition, as required Architect shall develop a grading and drainage plan and a site plan from architectural information showing a final development of the site. This drawing will also include a horizontal and vertical control plan and a utility infrastructure plan. The Services described in this subparagraph shall be provided by a professional civil engineer who contracts with or is an employee of the Architect. 2.6. Architect shall contract for or employ at Architect’s expense, Consultant(s) to the extent deemed necessary for completion of the Project including, but not limited to: architects; mechanical, electrical, structural and civil engineers; landscapers; and interior designers, licensed as such by the State of California as part of the Basic Services under this Agreement. The names of Consultant(s) shall be submitted to the District for approval prior to commencement of Services, as indicated below. The District reserves the right to reject Architect’s use of any particular Consultant. Nothing in the foregoing procedure shall create any contractual relationship between the District and any Consultant employed by the Architect under terms of the Agreement. Architect shall require each of the Consultants retained by it to execute agreements with standard of care and indemnity provisions commensurate with this Agreement, but Architect shall remain solely responsible and liable to District for all matters covered by this Agreement. 2.7. Architect shall coordinate with District personnel or its designated representatives as may be requested and desirable, including with other professionals employed by the District for the design, coordination or management of other work related to the Project. This shall include, without limitation, coordination with State labor compliance, if any. If the Architect employs Consultant(s), the Architect shall ensure that its contract(s) with its Consultant(s) include language notifying the Consultant(s) of State labor compliance, if any. 2.8. Architect shall identify the regulatory agencies that have jurisdiction over essential building and design elements and coordinate with and implement the requirements of the regulatory agencies, including, without limitation, the California Department of Education, the Office of Public School Construction, the Department of General Services, DSA, including DSA Fire/Life Safety, DSA Access Compliance Section, DSA Structural Safety Section, the State Fire Marshal and any regulatory office or agency that has authority for review and supervision of school district construction projects. 2.8.1. If the Project is subject to DSA jurisdiction, then Architect, and its Consultants, if any, shall comply with all the DSA requirements, including without limitation, all the requirements included and/or referenced in the following forms, bulletins (“BU”), interpretations of regulations (“IR”), policies (“PL”), or procedures (“PR”): 2.8.1.1. DSA IR A-6, Construction Change Document Submittal and Approval Process. 2.8.1.2. DSA IR A-24, Construction Phase Duties of the School District, Contractor and Design Professional. 2.8.1.3. DSA PR 18-04.BB18: Electronic Plan Review for Design Professionals of Record Using Bluebeam 2018. 2.8.1.4. DSA PR 18-09.BB18: Electronic Plan Review for Over-the-Counter (“OTC”) Projects Using Bluebeam 2018. 2.8.1.5. Form DSA PR 13-01, Construction Oversight Process. 2.8.1.5.1. Each of Architect’s duties as provided in the DIR Construction Oversight Process shall be performed timely so as not to result in any delay to the Project.
Appears in 4 contracts
Samples: Architectural Services Agreement, Architectural Services Agreement, Architectural Services Agreement
Scope, Responsibilities, and Services of Architect. 2.1. Architect shall render the Services described in Exhibit “A,” , commencing with receipt of a written Notice to Proceed signed by the District representative. Architect’s Services will be completed in accordance with the schedule attached as Exhibit “C.”
2.2. Architect’s duties and services under this Agreement shall not include preparing or assisting the District with any portion of the District’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the District. The District shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Architect’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Architect shall cooperate with the District to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Architect pursuant to this Contract.
2.3. Architect shall provide Services that shall comply with professional architectural standards, including the standard of care applicable to architects designing public school facilities and applicable requirements of federal, state, and local law, including, but not limited to, the requirements of the California Business and Professions Code, the California Education Code, and the California Code of Regulations. All persons providing professional services hereunder shall be properly licensed as required by California law.. DRAFT
2.42.3. The District intends to award the Project to Contractor(s) pursuant to a competitive bid process. District reserves its right to use alternative delivery methods and the Architect’s scope of work may be adjusted accordingly.
2.52.4. Architect acknowledges that all California public school districts are obligated to develop and implement the following storm water requirements for the discharge of storm water to surface waters from its construction and land disturbance activities where the project disturbs one (1) or more acres of land and is not part of a larger common plan of development or sale, the project disturbs one acre or more of land, or the project disturbs less than one (1) acre of land but is part of a larger common plan of development or sale, or where the District engages in maintenance (e.g., fueling, cleaning, repairing) or transportation activities.
2.5.12.4.1. Architect shall provide the following in the design for the Project, without limitation:
2.5.1.12.4.1.1. A municipal Separate Storm Sewer System (“MS4”). An MS4 is a system of conveyances used to collect and/or convey storm water, including, without limitation, catch basins, curbs, gutters, ditches, man-made channels, and storm drains.
2.5.1.22.4.1.2. A Storm Water Pollution Prevention Plan (“SWPPP”) that contains specific best management practices (“BMPs”) and establishes numeric effluent limitations.
2.5.22.4.2. Architect shall conform its design work to the District’s storm water requirements indicated above, that are approved by the District and applicable to the Project, at no additional cost to the District. In addition, as required Architect shall develop a grading and drainage plan and a site plan from architectural information showing a final development of the site. This drawing will also include a horizontal and vertical control plan and a utility infrastructure plan. The Services described in this subparagraph shall be provided by a professional civil engineer who contracts with or is an employee of the Architect.
2.5. Architect acknowledges that on , 20 , the District’s Board of Education approved Resolution No. adopting mitigation measures in compliance with the California Environmental Quality Act (CEQA). Architect agrees to coordinate its work with that of any CEQA consultants retained by District, to provide current elevations and schematic drawings for use in CEQA compliance documents, incorporate any mitigation measures adopted by District into the Project design at no additional cost to District. DRAFT
2.6. Architect shall contract for or employ at Architect’s expense, Consultant(s) to the extent deemed necessary for completion of the Project including, but not limited to: architects; mechanical, electrical, structural and civil engineers; landscapers; and interior designers, licensed as such by the State of California as part of the Basic Services under this Agreement. The names of Consultant(s) shall be submitted to the District for approval prior to commencement of Services, as indicated below. The District reserves the right to reject Architect’s use of any particular Consultant. Nothing in the foregoing procedure shall create any contractual relationship between the District and any Consultant employed by the Architect under terms of the Agreement. Architect shall require each of the Consultants retained by it to execute agreements with standard of care and indemnity provisions commensurate with this Agreement, but Architect shall remain solely responsible and liable to District for all matters covered by this Agreement.
2.7. Architect shall coordinate with District personnel or its designated representatives as may be requested and desirable, including with other professionals employed by the District for the design, coordination or management of other work related to the Project. This shall include, without limitation, coordination with State labor compliance, if any. If the Architect employs Consultant(s), the Architect shall ensure that its contract(s) with its Consultant(s) include language notifying the Consultant(s) of State labor compliance, if any.
2.8. Architect shall identify the regulatory agencies that have jurisdiction over essential building and design elements and coordinate with and implement the requirements of the regulatory agencies, including, without limitation, the California Department of Education, the Office of Public School Construction, the Department of General Services, DSA, including DSA Fire/Life Safety, DSA Access Compliance Section, DSA Structural Safety Section, the State Fire Marshal and any regulatory office or agency that has authority for review and supervision of school district construction projects.
2.8.1. If the Project is subject to DSA jurisdiction, then Architect, and its Consultants, if any, shall comply with all the DSA requirements, including without limitation, all the requirements included and/or referenced in the following forms, bulletins (“BU”), interpretations of regulations (“IR”), policies (“PL”), or procedures (“PR”):
2.8.1.1. DSA IR A-6, Construction Change Document Submittal and Approval Process.
2.8.1.2. DSA IR A-24A-18, Use of Construction Phase Documents Prepared by Other Professionals.
2.8.1.3. DSA IR X-00, Xxxxxxxxxxxx Xxxxx Duties of the School District, Contractor and Design Professional.
2.8.1.4. 2.8.1.3DSA PR 07-01: Pre-Check Approval Process.
2.8.1.5. DSA PR 07-02: Over-The-Counter Review of Projects Using Pre-Check Approved Design.
2.8.1.6. DSA PR 18-04.BB18: Electronic Plan Review for Design Professionals of Record Using Bluebeam 2018. 2.8.1.4DRAFT
2.8.1.7. DSA PR 18-09.BB18: Electronic Plan Review for Over-the-Counter (“OTC”) Projects Using Bluebeam 2018. 2.8.1.5.
2.8.1.8. Form DSA PR 13-01, Construction Oversight Process.
2.8.1.5.12.8.1.8.1. Each of Architect’s duties as provided in the DIR Construction Oversight Process shall be performed timely so as not to result in any delay to the Project.
2.8.1.9. Form DSA PR 13-02, Project Certification Process.
2.8.2. Notwithstanding the DSA forms, BUs, IRs, PLs, or PRs referenced anywhere in this Agreement, each of which is current as of the Effective Date, all Projects subject to DSA’s jurisdiction shall be submitted for review, back check, and approval, under the electronic plan review process (“EPR process”), rather than paper submission, for all projects submitted to DSA. Architect, and its Consultants, if any, shall comply with the EPR process and related DSA procedures, including, without limitation, DSA PR 18-04.BB18 and DSA PR 18-09.BB18, and any subsequent or replacement procedures relating to the EPR process promulgated by DSA. Any reference herein to a particular DIR form, BU, IR, PL, or PR, shall mean and include the then-current DIR form, BU, IR, PL, or PR, respectively, and, to the extent that the EPR process has superseded such form or paper submission process, the EPR process then in effect shall control.
2.9. Architect shall provide Services as required to obtain any local, state and/or federal agencies’ approval for on-site and off-site work related to the Project including review by regulatory agencies having jurisdiction over the Project.
2.10. Architect shall direct and monitor the work of District’s DSA project inspector(s) (“Project Inspector(s)”) and the Laboratory of Record. Architect shall provide code required supervision of special inspectors not provided by the Laboratory of Record.
2.11. Architect shall give efficient supervision to Services, using its best skill and attention. Architect shall carefully study and compare all contract documents, drawings, specifications, and other instructions (“Contract Documents”) and shall at once report to District, Construction Manager, and Contractor, any error, inconsistency, or omission that Architect or its employees may discover, in writing, with a copy to District's Project Inspector(s). Architect shall have responsibility for discovery of errors, inconsistencies, or omissions. DRAFT
2.12. Architect recognizes that Architect may have to assume certain coordination and management responsibilities, including tracking Requests for Information (“RFI”), providing RFI responses, and leading all coordination meetings between District, Project Inspectors, and Contractors on the Project. District reserves the right to retain the services of a Construction Manager at any time. The Construction Manager, if any, shall be authorized to give Architect Services authorizations and issue written approvals and notices to proceed on behalf of District. District reserves the right to designate a different Construction Manager at any time. Any task, including, but not limited to, reviews or approvals that District may perform pursuant to this Agreement may be performed by the Construction Manager, unless that task indicates it shall be performed by the Governing Board of District. In addition, District may have a constructability review of Architect’s design documents. Architect shall conform any design documents to the constructability review as part of the Services under this Agreement and shall not be entitled to any compensation as Extra Services for this activity.
2.13. Architect shall provide computer-generated pictures downloaded to computer files, updated as requested by District, that District may use on its website.
2.14. As part of the basic Services pursuant to this Agreement, Architect is not responsible for:
2.14.1. Ground contamination or hazardous material analysis.
2.14.2. Any asbestos and/or lead testing, design or abatement; however, it shall coordinate and integrate its work with any such information provided by District.
Appears in 1 contract
Samples: Architectural Services Agreement
Scope, Responsibilities, and Services of Architect. 2.1. Architect shall render the Services described in Exhibit “A,” commencing with receipt of a written Notice to Proceed signed by the District representative. Architect’s Services will be completed in accordance with the schedule attached as Exhibit “C.”
2.2. Architect’s duties and services under this Agreement shall not include preparing or assisting the District with any portion of the District’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the District. The District shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Architect’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Architect shall cooperate with the District to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Architect pursuant to this Contract.
2.3. Architect shall provide Services that shall comply with professional architectural standards, including the standard of care applicable to architects designing public school facilities and applicable requirements of federal, state, and local law, including, but not limited to, the requirements of the California Business and Professions Code, the California Education Code, and the California Code of Regulations. All persons providing professional services hereunder shall be properly licensed as required by California law.
2.4. The District intends to award the Project to Contractor(s) pursuant to a competitive bid process. District reserves its right to use alternative delivery methods and the Architect’s scope of work may be adjusted accordingly.
2.5. Architect acknowledges that all California public school districts are obligated to develop and implement the following storm water requirements for the discharge of storm water to surface waters from its construction and land disturbance activities where the project disturbs one (1) or more acres of land and is not part of a larger common plan of development or sale, the project disturbs one acre or more of land, or the project disturbs less than one (1) acre of land but is part of a larger common plan of development or sale, or where the District engages in maintenance (e.g., fueling, cleaning, repairing) or transportation activities.
2.5.1. Architect shall provide the design for the Project, without limitation:
2.5.1.1. A municipal Separate Storm Sewer System (“MS4”). An MS4 is a system of conveyances used to collect and/or convey storm water, including, without limitation, catch basins, curbs, gutters, ditches, man-made channels, and storm drains.
2.5.1.2. A Storm Water Pollution Prevention Plan (“SWPPP”) that contains specific best management practices (“BMPs”) and establishes numeric effluent limitations.
2.5.2. Architect shall conform its design work to the District’s storm water requirements indicated above, that are approved by the District and applicable to the Project, at no additional cost to the District. In addition, as required Architect shall develop a grading and drainage plan and a site plan from architectural information showing a final development of the site. This drawing will also include a horizontal and vertical control plan and a utility infrastructure plan. The Services described in this subparagraph shall be provided by a professional civil engineer who contracts with or is an employee of the Architect.
2.6. Architect shall contract for or employ employ, at Architect’s own expense, Consultant(s) to the extent as deemed necessary for the complete and satisfactory completion of the Project includingProject. This includes, but is not limited to: , architects; mechanical, electrical, structural structural, and civil engineers; landscapers; and interior designers, all of whom must be licensed as such by the State of California as California. These services are considered part of the Basic Services under this Agreement. The names of Consultant(s) Architect shall be submitted submit to the District for approval the names of all such Consultant(s) prior to the commencement of Services, as indicated below. The District reserves the right to reject Architect’s the use of any particular Consultant. Nothing in the foregoing procedure shall create any contractual relationship between the District and any Consultant employed proposed by the Architect under terms of the Agreement. Architect shall require each of the Consultants retained by it to execute agreements with standard of care and indemnity provisions commensurate with this Agreement, but Architect shall remain solely responsible and liable to District for all matters covered by this AgreementArchitect.
2.7. Architect shall coordinate with District personnel or its designated representatives as may be requested and desirable, including with other professionals employed by the District for the design, coordination or management of other work related to the Project. This shall include, without limitation, coordination with State labor compliance, if any. If the Architect employs Consultant(s), the Architect shall ensure that its contract(s) with its Consultant(s) include language notifying the Consultant(s) of State labor compliance, if any.
2.8. Architect shall identify the regulatory agencies that have jurisdiction over essential building and design elements and coordinate with and implement the requirements of the regulatory agencies, including, without limitation, the California Department of Education, the Office of Public School Construction, the Department of General Services, DSA, including DSA Fire/Life Safety, DSA Access Compliance Section, DSA Structural Safety Section, the State Fire Marshal and any regulatory office or agency that has authority for review and supervision of school district construction projects.
2.8.1. If the Project is subject to DSA jurisdiction, then Architect, and its Consultants, if any, shall comply with all the DSA requirements, including without limitation, all the requirements included and/or referenced in the following forms, bulletins (“BU”), interpretations of regulations (“IR”), policies (“PL”), or procedures (“PR”):
2.8.1.1. DSA IR A-6, Construction Change Document Submittal and Approval Process.
2.8.1.2. DSA IR A-18, Use of Construction Documents Prepared by Other Professionals.
2.8.1.3. DSA IR A-24, Construction Phase Duties of the School District, Contractor and Design Professional.
2.8.1.4. 2.8.1.3DSA PR 07-01: Pre-Check Approval Process.
2.8.1.5. DSA PR 07-02: Over-The-Counter Review of Projects Using Pre-Check Approved Design.
2.8.1.6. DSA PR 18-04.BB18: Electronic Plan Review for Design Professionals of Record Using Bluebeam 2018. 2.8.1.4.
2.8.1.7. DSA PR 18-09.BB18: Electronic Plan Review for Over-Over- the-Counter (“OTC”) Projects Using Bluebeam 2018. 2.8.1.5.
2.8.1.8. Form DSA PR 13-01, Construction Oversight Process.
2.8.1.5.12.8.1.8.1. Each of Architect’s duties as provided in the DIR Construction Oversight Process shall be performed timely so as not to result in any delay to the Project.
2.8.1.9. Form DSA PR 13-02, Project Certification Process.
2.8.2. Notwithstanding the DSA forms, BUs, IRs, PLs, or PRs referenced anywhere in this Agreement, each of which is current as of the Effective Date, all Projects subject to DSA’s jurisdiction shall be submitted for review, back check, and approval, under the electronic plan review process (“EPR process”), rather than paper submission, for all projects submitted to DSA. Architect, and its Consultants, if any, shall comply with the EPR process and related DSA procedures, including, without limitation, DSA PR 18-04.BB18 and DSA PR 18-09.BB18, and any subsequent or replacement procedures relating to the EPR process promulgated by DSA. Any reference herein to a particular DIR form, BU, IR, PL, or PR, shall mean and include the then-current DIR form, BU, IR, PL, or PR, respectively, and, to the extent that the EPR process has superseded such form or paper submission process, the EPR process then in effect shall control.
2.9. Architect shall provide Services as required to obtain any local, state and/or federal agencies’ approval for on-site and off-site work related to the Project including review by regulatory agencies having jurisdiction over the Project.
2.10. Architect shall direct and monitor the work of the District’s DSA project inspector(s) (“Project Inspector(s)”) and the Laboratory of Record. Architect shall provide code required supervision of special inspectors not provided by the Laboratory of Record.
2.11. Architect shall give efficient supervision to Services, using its best skill and attention. Architect shall carefully study and compare all contract documents, drawings, specifications, and other instructions (“Contract Documents”) and shall at once report to District, Construction Manager, and Contractor, any error, inconsistency, or omission that Architect or its employees may discover, in writing, with a copy to District's Project Inspector(s). Architect shall have responsibility for discovery of errors, inconsistencies, or omissions.
2.12. Architect recognizes that the District may obtain the services of a Construction Manager and that Architect may have to assume certain coordination and management responsibilities, including tracking Requests for Information (“RFI”), providing RFI responses, and leading all coordination meetings between the District, Project Inspectors, and Contractors on the Project. The District reserves the right to retain the services of a Construction Manager at any time. The Construction Manager, if any, shall be authorized to give Architect Services authorizations and issue written approvals and notices to proceed on behalf of District. The District reserves the right to designate a different Construction Manager at any time. Any task, including, but not limited to, reviews or approvals that the District may perform pursuant to this Agreement may be performed by the Construction Manager, unless that task indicates it shall be performed by the Governing Board of the District. In addition, the District may have a constructability review of Architect’s design documents. Architect shall conform any design documents to the constructability review as part of the Services under this Agreement and shall not be entitled to any compensation as Extra Services for this activity.
2.13. Architect shall provide computer-generated pictures downloaded to computer files, updated as requested by the District, that the District may use on its website.
2.14. As part of the basic Services pursuant to this Agreement, Architect is not responsible for:
2.14.1. Ground contamination or hazardous material analysis.
2.14.2. Any asbestos and/or lead testing, design or abatement;
Appears in 1 contract
Samples: Architectural Services Agreement
