Dated 2015
(1) THE HALL FOR CORNWALL TRUST
and
(2) [ARCHITECT]
Appointment of Architect
to provide architectural and other multi-disciplinary services in relation to the design for the Hall for Cornwall, Capital Redevelopment Project
53 Davies Street, London W1K 5JH DX: 2307 Victoria
Telephone: 020 7152 6550 Fax: 0845 458 9398 [email protected]
THIS APPOINTMENT is dated 2015
BETWEEN
(1) THE HALL FOR CORNWALL TRUST (a company limited by guarantee registered number 03101443) of Hall for Cornwall, Back Quay, Truro, TR1 2LL (the “Client") (2) [ARCHITECT] (registered in England and Wales under company number [ ])
whose registered office is at [ ] (the “Architect")
NOW IT IS AGREED as follows:-
1 TERMS OF THIS APPOINTMENT
This appointment incorporates by reference the terms of the Standard Conditions of Appointment for an Architect, 2012 revision (a copy of which is attached at Schedule 1) as supplemented and amended by this appointment.
2 THE PROJECT DATA
2.1 This appointment sets out the details of the Project Data for the purposes of the above Standard Conditions as set out below.
2.2 The “Brief” is set out in the ITT documentation that preceded this appointment copies of the relevant extracts are attached at Schedule 2. 2.3 The “Conditions” are the conditions referred to in clause 1.
2.4 The “Project” comprises the proposed development of the Hall for Cornwall at Back Quay, Truro Cornwall as set out in the ITT documentation that preceded this appointment brief details of the Project are set out in Schedule 2.
2.5 The “Project Manager” is [insert name ] of Cornwall Development Company, whose registered office is at [insert
address ]
2.6 The “Services” that the Architect will provide are set out in Schedule 3 and include the Architect acting as the “Principal Designer” for the purposes of the Construction (Design and Management) Regulations 2015 and being responsible for the provision of the multi-disciplinary services including the provision of Civil and Structural Engineering and Building Services Engineering services in addition to acting as Lead Designer and Architect in relation to the Project.
2.7 Time and cost: the Client wishes the Project to be completed in accordance with the initial timescale outlined in the ITT documentation that preceded this appointment within a budget of £10.5 million excluding VAT but including all consultant fees, construction costs and realistic risk contingencies.
2.8 Liability and insurance: the time limit for action or proceedings and insurance cover is 12 years from the date of completion of the Project (as certified under the relevant form of building contract) and the amount of professional indemnity insurance to be maintained by the Architect in respect of each and every claim or series of claims arising out of the same originating cause is £5 million, subject to any aggregate limit applicable under the Architect’s insurance cover in respect of pollution and contamination and/or asbestos or fungal mould.
2.9 Collateral warranties: the Architect will, within 21 days of request from the Client, enter into collateral warranties in the form set out in Schedule 4 in favour of any persons or organisations having any interest in the Project, whether as purchaser, tenant, funder or assignee of the benefit of this appointment. In addition, the Architect will procure that any additional consultants that it engages to provide part or parts of the Services will enter into collateral warranties in the same form in favour of the Client and in favour of any persons or organisations having any interest in the Project, whether as purchaser, tenant, funder or assignee of the benefit of this appointment. 2.10 Dispute resolution: any disputes will be resolved in accordance with the
provisions of clause 5 of this appointment. 2.11 Applicable law: the law of England and Wales.
2.12 The Effective Date of this appointment is the earlier of the date of this appointment or the date on which the Architect commences the provision of the Services.
3 ASSIGNMENT AND SUBCONTRACTING
3.1 The provisions of clause 4 of the Conditions will not apply and the following provisions will apply instead:
3.2 Assignment and subcontracting by the Architect
The Architect shall not assign, or charge any right or obligation under this appointment to any other person or subcontract the whole of the Services. The Architect shall not subcontract any part or parts of the Services without the prior written consent of the Client. Any consent to subcontract any part or parts of the Services shall not affect or reduce the scope of the Architect’s obligations under this appointment.
3.3 Assignment by the Client
3.3.1 The Client may assign by way of absolute legal assignment its rights under this appointment on two occasions without the Architect’s consent provided that it gives notice in writing of such assignment within a reasonable period thereafter. Any further assignment shall require the prior written consent of the Architect (such consent not to be unreasonably withheld).
3.3.2 The Architect acknowledges that the assignee may rely upon the Architect's performance of its obligations under this appointment prior to and following the date of any permitted assignment of this appointment in accordance with clause 3.3.1. The Architect further acknowledges that it may be liable to the assignee for all losses suffered by the assignee as a result of any breaches of such obligations irrespective of whether any such breach occurred or any such losses were suffered prior to or following the date of such assignment.
4 FEES AND EXPENSES
4.1 The provisions of clause 5 of the Conditions will not apply and the following provisions shall apply instead:
4.2 On or before 5 Business Days prior to the end of each calendar month the Architect may apply for payment in respect of the Services and any additional services properly carried out prior to the end of the relevant calendar month including any reasonable expenses incurred by the Architect at the Client's
specific request. For the avoidance of doubt the Architect shall not be entitled to apply for payment in respect of:
4.2.1 work covered in previous applications; or
4.2.2 the correction of errors or defects in Services previously carried out; or
4.2.3 payment in excess of the Fee set out in Schedule 5 (subject to any agreed amendments to this Fee in accordance with this appointment).
4.3 The Architect shall provide such evidence as the Client may reasonably request to demonstrate that the amount claimed in accordance with clause 4.2 represents payment for Services and/or additional services properly carried out.
4.4 If the Client, by express written request, requires the Architect to perform any additional services, the Client shall pay to the Architect an additional fee as agreed between the Client and the Architect or (in the absence of agreement to the contrary) calculated by reference to the hourly rates set out Schedule 5.
4.5 Payment of the Architect's applications for payment in accordance with clause 4.2 shall become due for payment 14 days after the later of, the first day of the calendar month after the month in respect of which the application for payment is made or the date of the Client’s receipt of a valid Value Added Tax invoice in respect of the payment due (the “payment due date”). The final date for payment of such instalments shall be 14 days after the payment due date.
4.6 Not later than 5 days after the payment due date the Client shall give notice to the Architect setting out the sum that the Client considers to be, or have been, due at the payment due date and the basis on which that sum is calculated. For the avoidance of doubt, a notice shall be served in accordance with this clause even if the sum due is zero but if the Architect has not made any application for payment within the period set out in clause 4.2, subject to the Architect serving a default payment notice in accordance with clause 4.7, no payment will be due to the Architect.
4.7 Where notice is not given in accordance with clause 4.6, the Architect’s application for payment will be treated as the relevant notice, otherwise, the Architect may give notice (a “default payment notice”) specifying the sum the Architect considers to be, or have been, due at the payment due date and the basis on which the sum is calculated in accordance with this clause 4.7 at any time after the date on which the Client was to give notice under clause 4.6. Where the Architect has given a default payment notice, the final date for payment shall be postponed by the same number of days as the number of days after the date referred to in clause 4.6 that the default payment notice is given.
4.8 The Client shall pay simple interest on any payments that have not been made to the Architect by the final date for their payment at the rate set out in Schedule 5 for the period from the final date for their payment until the date of actual payment.
4.9 The Client shall pay the sum notified in accordance with clause 4.6 or the sum notified in accordance with clause 4.7, if applicable, by the relevant final date for payment unless the Client has given notice to the Architect of its intention to pay a lesser sum complying with the following requirements: 4.9.1 the notice is given not less than 5 days before the final date for
payment, provided that where a default payment notice has been given, notice under this clause 4.9 may not be given before the default payment notice; and
4.9.2 it specifies the sum that the Client considers to be due on the date the notice is served under this clause 4.9 and the basis on which that sum is calculated;
in which case the Client shall pay the lesser sum referred to above.
4.10 All costs fees and disbursements expressed to be payable or reimbursable by the Client are exclusive of Value Added Tax unless otherwise stated.
Value Added Tax shall be payable by the Client on the submission by the Architect of a valid Value Added Tax invoice.
5 DISPUTE RESOLUTION
5.1 The provisions of clause 9 of the Conditions will not apply and the following provisions shall apply instead:
5.2 Both parties shall endeavour to notify each other of any anticipated dispute so that any potential dispute can be avoided by negotiation between them. 5.3 Both parties shall endeavour to resolve any disputes which arise by direct
negotiations in good faith between senior executives of their respective organisations and shall give serious consideration to any request by either of them to refer the dispute to mediation.
5.4 Any disputes arising under or in connection with this appointment may be referred by either party to adjudication in accordance with the Scheme for Construction Contracts. In the absence of agreement between the parties as to the choice of adjudicator, the adjudicator shall be appointed by the Chairman for the time being of the Technology and the Construction Solicitors Association or his nominated representative.
5.5 The decision of any adjudicator shall be binding on, and implemented by, both parties pending final determination of the relevant dispute by the English courts.
6 WHERE THE ARCHITECT IS NOT PROVIDING ALL OF THE SERVICES
6.1 Where the Architect has agreed to carry out the Services on the understanding that it will engage any additional consultants to carry out a part or parts of the Services, or where consent to subcontract part of the Services is given in accordance with clause 3.2, the Architect shall:-
6.1.1 have provided full details of the organisation(s) and the named individuals within such organisation(s) who will be responsible for carrying out the relevant part or parts of the services;
6.1.2 provide copies of the appointments of all additional consultants engaged by the Architect;
6.1.3 provide collateral warranties duly executed as a deed by all Additional Consultants in favour of the Client in the form set out in Schedule 4 within 14 days of the date of this appointment; and 6.1.4 provide full details of the professional indemnity insurance
maintained by all additional consultants (such professional indemnity insurance not to be for an amount of less than £5 million in respect of each and every claim or series of claims arising out of the same originating cause unless agree otherwise in writing by the Client).
6.2 Subject to the Architect's full compliance with clause 6.1, to the extent that the Architect's Professional Indemnity Insurance does not cover the performance of the part or parts of the Services to be carried out by the additional consultants the Architect shall not be responsible for the performance of such additional consultants.
6.3 Notwithstanding clause 6.2, the Architect shall be responsible for co-ordinating all design carried out by any additional consultants into a complete and coherent design for the Project.
6.4 The Client agrees that the Architect shall be permitted, subject to obtaining the Client's prior written consent (such consent not to be unreasonably withheld or delayed), to terminate the employment of any of the additional consultants and to replace any such terminated additional consultants with new consultants that have been selected by the Architect and approved by the Client (such approval not to be unreasonably withheld or delayed). 6.5 Until the Architect has fully complied with its obligations under clause 6.1, the
Client shall not be bound to make any payment to the Architect and may suspend any payment due to the Architect in accordance with this appointment provided the Client complies with clause 4.9 above.
7 NOVATION
If requested at any time by the Client, the Architect will enter into a Deed of Novation with the Client and any design and build contractor appointed by the Client to complete the design and carry out the construction of the Project in the form of the Deed of Novation attached at Schedule 6 within 14 days of such request. The Consultant shall at the same time enter into the form of collateral warranty set out in the Deed of Novation in favour of the Client and will procure that any additional consultants appointed by it to provide any part or parts of the Services will enter into separate Deeds of Novation (in the same form) in favour of the design and build contractor..
8 THIRD PARTY RIGHTS
This appointment is enforceable by the original parties to it and by their successors in title and permitted assignees. Any rights of any person to enforce the terms of this appointment pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded.
IN WITNESS whereof this appointment has been executed as a deed and delivered on the date stated above.
EXECUTED AS A DEED by
THE HALL FOR CORNWALL TRUST by the signatures of:
Director:
Director/Company Secretary:
EXECUTED AS A DEED by the Architect acting by a Director and the Company Secretary or by two Directors whose signatures appear below:
Director:
SCHEDULE 1 – COPIES OF THE STANDARD CONDITIONS OF APPOINTMENT FOR AN ARCHITECT, 2012 REVISION
[Attach reference copy of the Standard Conditions of Appointment for an Architect, 2012 Revision]
SCHEDULE 2 – DETAILS OF THE BRIEF AND THE PROJECT
Part 1 - The Brief is [attached] [set out below]
Part 2 – The Project comprises:
SCHEDULE 3 – THE SERVICES
The Architect is authorised to perform, and shall be responsible for performance, of the following activities in all relevant stages:
Project Lead Preparing the Client’s initial statement of Project objectives, taking into account the Client’s core operations and identifying constraints. Establishing the requirement for professional skills, procedure and programme management, and legal, insurance and financial services.
Identifying the roles of Client representatives and stakeholders. Managing the appointment of the project team.
Issuing information, decisions, approvals and instructions to the cost consultant and Contract Administrator/Employer’s Agent.
Implementing of any feasibility studies and/or options appraisals required.
Developing and maintaining a Project strategy.
Developing and maintaining a management structure and communications environment in which all consultants, contractors and other persons can perform effectively.
Managing development of the Brief and overseeing its implementation.
Identifying Project procedures including:
•
any relevant existing procedures of the Client;•
administrative actions such as contributions to and frequency of progress reports, etc;•
change control procedures for programme and cost matters and contingency expenditure;•
risk management; and•
performance and design quality reviews.Preparing and maintaining cost information in co-ordination with any construction cost estimates and cash flow projections prepared by others.
Monitoring performance and activity, cost planning and control, programme and progress, and reporting to the Client. In consultation with consultants and/or contractors, authorises or applies for authorisation to take any corrective action required. Facilitating communications between the project team provided that communications on significant design matters will be dealt with by the Architect in its role as lead designer and principal designer.
Leading, co-ordination and preparation of a project execution plan and the project programme.
Advising on methods of procuring construction. Reviewing the progress of design work with the Client.
Developing and managing change control procedures, and making or obtaining decisions necessary for time and cost control.
With the contract administrator and Client co-ordinating and reviewing the work of consultants and site inspectors during Stages 4 and 5.
Principal Designer Exercising the powers and duties of, and associated with, the statutory function of Principal Designer under the Construction (Design and Management) Regulations 2015.
Providing, as and when requested, information on health and safety issues to the contract administrator/employer’s agent, designers and any other persons providing work or services reasonably necessary for such persons to carry out their duties.
Facilitating communications on health and safety issues between the Client and such other persons.
Lead Designer Co-ordinating preparation of stage programme[s] for the design process.
Co-ordinating design of all constructional elements, including work by consultants, specialists or suppliers and for health and safety matters.
Establishing the form and content of design outputs, their interfaces and a verification procedure.
Communicating with the Client on significant design issues.
Leading and co-ordination preparation of a Project Execution Plan, including work outstanding from previous stages.
Advising on the need for and the scope of services by consultants, specialists, sub-contractors or suppliers.
Monitoring the work of the designers.
Designers (including Lead Designer) Preparing and maintaining for each stage a programme for performance of the Services, including any Services not completed in a previous stage.
Providing designs, specifications, advice and information concerning the design for which the designer is responsible (‘the Relevant Design’) with due regard to cost, functionality, build quality and impact, buildability, construction safety, operation and maintenance.
Determining materials, elements and components, standards of workmanship, type of construction and performance in use for the Relevant Design.
Preparing drawings, sketches, schedules, specifications, calculations and production and tender information for the Relevant Design as appropriate.
Giving due regard to the guidelines contained in the current publication Good Practice in the Selection of Construction Materials 2011 (British Council of Offices Publication) unless authorised by the Client in writing to specify or authorise products or materials generally known within the Designer’s profession at the time of specification or authorisation to be deleterious or hazardous to health or safety or to affect the durability of construction works. (Where engaged to provide services during the construction stage other than any duties in connection with administration of the building contract), making the appropriate number of visits to the site for:
• inspection generally of the progress and quality of the Relevant Design as built;
• approval of such elements of the works as may be specified to be to the reasonable satisfaction of the Designer;
• obtaining information necessary for the issue of any notice, certificate or instruction by the administrator of the building contract.
Architectural design services include siting, spatial arrangement, amenity and appearance of buildings and external works elements. Includes services as relevant to Landscape Architects or Interior Designers.
Civil and structural engineering design services include civil engineering elements, structural stability of building sub-structures, super-structures and external works elements.
Building services engineering design services include building services (including mechanical, electrical, public health, transport and/or communications systems) elements.
Specialist design services relate to elements allocated to a contractor or sub-contractor who it is intended will construct the specialist work, or to a consultant with special expertise where the specialist work will be constructed by another firm.
DETAILED SERVICES AND THE SCOPE
The Architect will carry out the services of lead designer, architect, civil and structural engineer and building services engineer as set out in the addition to the RIBA standard “Schedule of Multidisciplinary Services” (a copy of which is attached). In addition, the Architect will carry out the following services as set out below:
Introduction
It is the intention that the primary role of the Architect is to take total responsibility for all the design activity required to deliver the Client’s capital works project.
It is ultimately the Architect’s responsibility to deliver the entire design and ensure that the services required by the Scope are correctly completed.
The Architect’s role will require the delivery of the design for all of the Project, which shall all accord with the project specific requirements, including the time, cost and quality constraints set by the Project Manager and cost consultant. Work will be instructed on a stage by stage basis subject to funding and satisfactory performance of the preceding stage.
The Architect shall provide all the design related input and support to the Project. The general disciplines
In order to deliver the Services, the Architect shall be required to employ (whether directly or by sub-consulting) the necessary professionals and appropriately qualified staff. It is the responsibility of the Architect to determine the appropriate member[s] of staff to utilise and it is the responsibility of the Architect to ensure it employs persons with the correct skills, experience, qualifications and professional accreditations to effectively deliver the Services. The Client and/or the Project Manager will not specify the professional disciplines the Architect must use for the Project because the Client is relying on the skill and care (in accordance with this appointment) of the Architect when selecting the appropriate skills and disciplines to utilise on the Project.
To try and assist the Architect, set out in the table below is an overview of the primary disciplines that the Client expects the Architect may need to employ. Under each discipline is a very brief summary of their duties.
Strategic Definition and Preparation and Brief (RIBA Work Stages 0 and 1) have been undertaken in preparation of the Round 1 Arts Council England and Heritage Lottery Fund bid submission. As part of this, a feasibility study was undertaken and it is expected that this should be reviewed by the Architect but should substantially form the basis of the developing scheme which has been negotiated with funders. A laser survey of the building will be separately commissioned and undertaken prior to the commissioning of the Architect.
Architect This is the primary role responsible for the leadership of the design team, delivery of the architectural design and co- ordination of all the design activities. This is to be undertaken in accordance with the current Royal Institute of British Architects (RIBA) Plan of Work 2013, and includes the additional responsibilities, services and duties set out in this document.
This role takes full responsibility for the co-ordination of the total project design and the management of all the design activities associated with the project.
This role will also be the Principal Designer in accordance with the requirements of the Construction (Design and Management) Regulations 2015.
Provide leadership and coordinate the entire project design services. Structural and
civil engineer
This is the role responsible for the delivery of the structural engineering design. This is to be undertaken in accordance with Normal Services and Additional Services as set out in the current Association of Consulting Engineers (ACE) Agreement, and includes the additional responsibilities, services and duties set out in this document.
Building services engineer
This is the role responsible for the delivery of the Building Services engineering design. This is to be undertaken in accordance with Design Activities Schedule as set out in the current Building Services Research and Information Association (BSRIA) Design Framework, and includes the additional responsibilities, services and duties set out in this document
BREEAM assessor
This is the primary role responsible for the delivery of the BREAAM assessment, in accordance with the requirements set by the BRE and the Client.
Specialist services
• accredited historic building consultancy (to include heritage impact assessment)
• theatre consultant
• specialist theatre acoustician
• interior designer (to include fixtures, fittings and equipment) • access consultant
• fire strategy (including review and alteration of existing fire risk assessment strategy and management plan for the building) • highways consultant (including travel plan covering increased
audience numbers)
any additional skills or services that the bidding organisation thinks are relevant.
The detailed elements of the Architect’s Scope
The table below has been split into 4 sections which are namely the requirements for: • all stages of the Project;
• the pre-construction stage; • the construction stage; and • the post-construction stage.
The reference to “all stages of the Project” requires the Architect to carry out and complete the duties at all times and in accordance with the requirements of the specific duty.
The reference to the duties included within the remaining stages requires the Architect to carry out and complete those duties only during that particular stage of the Project.
Order of precedence
Where the Scope requires a certain document to be provided or completed and such document is not set out within this appointment, the Architect shall establish the minimum requirements for such document in accordance with the following order of precedence (the first item taking precedence over the second item and so on):
1. As detailed in this appointment or as otherwise agreed with the Client 2. As defined by the relevant professional body or organisation, as follows:
• the current Royal Institute of British Architects (RIBA) Plan of Work 2013, including the additional responsibilities, services and duties set out in this document
“Normal Services” and “Additional Services” as set out in the current Association of Consulting Engineers (ACE) Agreement 1: Design 2009 Edition, Second Revision Building Services Research and Information Association (BSRIA) Design Framework, including the additional responsibilities, services and duties set out in this document.
1.0 General Duties (Relevant to “all stages of the Project”)
This section of the document sets out the general requirements that the Architect shall comply with and forms part of the Scope.
1.1 Visiting site or property
To observe, perform and obey all of the rules put in place by the Client, the contractor and/or the person that has control of the Project/site when visiting the Project/site. This is to include attendance at any inductions, health and safety or other related meetings that are required to enable the Architect to access the site safely.
To not access or make use of any plant, materials, equipment, access equipment or other elements of the Project without first obtaining the contractor’s or the person in control of the Project/site permission.
To provide, and wear as required all protective clothing, headwear and footwear as necessary to safely carry out the Scope.
To observe, obey and perform in accordance with all the rules and procedures that apply to the Client. Such compliance with the building’s rules may require the Architect to:
• obtain a security pass; • park off-site;
• complete an induction; • register and sign-in
• wear specific items of clothing, headwear or footwear; • comply with certain opening hours;
• be accompanied by another person; or
• such other requirements that are put in place for the building which the Architect requires access to.
1.2 Policies At all times to comply with the the Client’s policies, where provided, or otherwise the requirements of Cornwall Council’s (CC’s) policies, procedures and design standards that are published on the following internet page:
http://www.cornwall.gov.uk/default.aspx?page=9885
Where there are no appropriate policies, procedures and standards noted; the Architect shall comply with the most up to date national/international standards, guidance and best practice.
To comply with any policies that are specific to the Project that they are required to carry out and complete the Scope for. This may, without limitation, include specific:
• safeguarding requirements; • health and safety requirements; • parking requirements;
• restrictions on visiting times; • clothing or other attire; • confidentiality agreements; or
• telecommunications or data restrictions. 1.3 Health and
safety
At all times to observe, perform and obey the health and safety requirements put in place at the Client as part of their obligation to carry out and complete the Scope.
To ensure their employees (and anybody under their control) have been provided with suitable health and safety training and guidance prior to allowing them to carry out any activities relating to their appointment under this appointment. The minimum standard for this training shall be certified to CSCS construction site visitor level.
1.4
Documents, records and retention
The Project Manager will be establishing an electronic file storage system for the retention of a u d i t records for a minimum of 10 years. The Architect will be required to assist with the storage of Project information by providing all necessary documents to the Project Manager in the appropriate format to allow this obligation to be fulfilled. The storage system must enable the Client to download any document into PDF or Microsoft Office applications.
Where specifically required, to provide hard copies of the key Project documentation to the Project Manager (signed or certified as a true copy where relevant), which shall include, but not be limited to:
• this appointment;
• the contracts arranged, managed and/or procured by the Architect;
• the appendices and enclosures forming part of any contract; • copies of correspondence with the funding body and
documents that the funding body require to be kept in hard copy;
• documents which the underlying contract or the contracts arranged, managed and/or procured by the Consultant specifically required to be in writing (i.e. notices);
• all certificates;
• other documents that are deemed by the Architect to require a hard copy to be retained.
1.5
Communicatio n
For the benefit of clarity the Architect’s primary point of contact on the project shall be the Project Manager.
The Project Manager shall be the conduit for all questions relating to the Project, unless agreed otherwise.
within this section 1.5 of the Scope.
To comply with the requirements of the Client’s communications strategy when communicating with any member of the general public. Obtain the contact details of the relevant communications officer within the Client to ensure the Architect can obtain their approval to any proposed communications with parties outside of CC.
To comply with the Client’s communications strategy throughout the entire project. As required by the Project Manager and/or the Client, provide input to the following documents and tasks:- • communications strategy report – to include but not be
limited to, objectives, audiences, messages, method/frequency/format of communication, resources, and timescales.
• project directory – names of staff, positions, companies, telephone numbers, email addresses, website URLs
• production of draft press releases
• management of stakeholder and public engagement, including attendance, note taking and responding to any actions
• provide support to the Client’s communications team. 1.6 Data and
IT access
To be solely responsible for providing their own data source to access the internet, emails and such similar data that is necessary to carry out the Scope. To be responsible for all mobile and fixed devices that are necessary for the carrying out and completion of the Scope and such devices which may include, but is not limited to:
• mobile phones; • landlines; • tablet devices; • laptops; • computers; • PDA; 3G/4G data devices.
1.7 Audit To comply with any recommendations forming part of an audit carried out on any Project or any other activity carried out under or connected to the Architect’s employment under this appointment. Where the Client and/or CC is the subject of any request pursuant to the Freedom of Information Act or the Environmental Information Regulations to provide such assistance as is necessary to ensure either does not breach its requirements under such regulations. To ensure all access is granted to the required documents and provide the Client with suitable accommodation at the site where the documents are located to be able to review them.
Assist the Project Manager, by providing original and electronic copies of key Project documentation as requested, in their task to create and manage an audit file including but not limited to the following key documents. This file will be held electronically together with original copies of all documents (signed where relevant) or copies signed and verified as true copies:-
• contract documents including specification and drawings • all project reports, including the Brief and/or PID
• contract notice adverts and press releases
• consultations for example public exhibition material
• all correspondence with tenderers, including the tender clarification log
• tender opening sheet
• memorandums of agreement • tender cost and quality assessment • final tender report
• planning submissions, approvals and conditions
• all returned tender documents, including all successful & unsuccessful applications for both PQQs and ITTs
• building contract documentation including standard forms for Project Manager instructions, notice of compensation events, early warning notices, extensions of time, completion certificate contractor’s progress reports
• as built drawings, health and safety file, operational and maintenance manuals and post project review report
• BIM and environmental models
• signed key registers and training records • BREEAM documentation
• records of all stakeholder and community consultations 1.8 Working
hours
To base normal working hours on an 8 hour day excluding any travel that may be required. The Client shall define normal working hours as a Business Day between the hours of 7am and 7pm.
1.9 Facilities To arrange all the necessary facilities to carry out the Scope and the payment of any charges necessary to rent or purchase space or facilities for the completion of the Services shall be the Architect’s responsibility. The Client will not provide any physical or electronic storage space for the storage of Architect’s documents.
If the Architect requires the use of meeting rooms, office space or other areas within any the Client buildings to obtain permission of before approaching any party responsible for managing such space. If such space requires the Architect to
pay any fees or charges for the use of such space then the Architect shall be liable for such costs. Electricity, water, gas, etc. when using the Client buildings – will be free of charge, subject to reasonable use.
1.10 Travel and parking
To be responsible for travel as set out within the pricing document. The Architect is also liable for all parking costs and fees they incur as a result of delivering the Scope.
To comply with the requirements of any parking policies published by C C , and any policies that are relevant to the location that the Architect is actually parked or proposing to park at.
1.11 Insurance
If any event occurs which may give rise to any claim or proceeding in respect of loss or damage to the Works or injury or damage to persons or property arising out of the Works, to immediately give notice to the Client, the Project Manager and ensure that the party that is potentially liable for the loss contacts their insurers and puts them on notice of a potential claim. The Architect shall be liable for any loss which may be caused by failure to give such notice.
1.12 Payment The Client will place an order for the Architect’s commission in accordance with the Client’s procedures. The Architect is to submit on each assessment date an application for payment and invoice for the sum it considers to be due to [insert relevant the Client officer] in accordance with clause 4 of this appointment. The Architect must ensure that every payment request and invoice contains the order number provided by the Client.
When the amount due has been agreed, payment will be made by the Client in accordance with the provisions of clause 4.
1.13 Defects Not used 1.14 Lead Designer and coordinator
To act as the lead designer and design co-ordinator for the entire Project, taking responsibility for all aspects of the Project design to ensure compliance with this appointment, to ensure the design and the Works are completed on or before the date established by the Client for completion.
To always undertake a well-considered, efficient, fully detailed and high quality design production, at all times acting in the best interests of the Client.
To give full consideration to the capital costs, future maintenance requirements, running costs and operational costs for the asset, in order to achieve a cost effective design solution. To be mindful that the assets are for public use and require user friendly operations.
As well as the general disciplines set out in the introduction above, the design scope shall be deemed to include, but not be limited to:
• building design • external works
• planning and master-planning • urban design
• conservation and historic building design • drainage system designs
• structural works including foundations, structures & frames • mechanical engineering design including hot and cold water
services, ventilation, air conditioning, sprinkler systems, heating systems and building management systems
• electrical engineering design, including internal, external and emergency lighting, power distribution, security and access control systems, fire alarm systems, communications and ICT data wiring and infrastructure
• vertical transportation
• renewable technologies design
• uninterruptable power systems and standby generation • acoustic design
• accessibility
• fire engineering, smoke ventilation, smoke control and fire risk assessments
• utility infrastructure design
• Building Information Modelling (BIM) Level 2 minimum • Government Soft Landings (GSL).
Provide leadership and coordinate the entire Project design services team and proactively manage the design activities.
In carrying out this duty, provide a dedicated person to act as the design lead that is the focus point to co-ordinate the design activities with the project controls consultant, the Client, the contractor and others.
To be responsible for checking, verifying and integrating the design, specifications, and all other related documents that may affect the Architect’s design.
As directed by the Project Manager, liaise and co- ordinate with the Client, stakeholders, end users and others to ensure the factors critical to the success of the Project are fully established and understood.
Work proactively with such groups to ensure that Project objectives and success criteria are understood, stakeholder expectations are effectively managed and that cost effective efficient solutions are sought.
funding bodies to ensure their requirements are complied with throughout the course of the Project including presentation of required reports.
1.15 Project management progress report
To provide all necessary information, in a complete and timely fashion, as requested by the Project Manager to allow the Project Manager to produce the project management progress report to be issued to the Client at minimum monthly intervals throughout the Project in electronic format by email in pdf format.
The project management progress report is to include but not be limited to the following key headings:-
• Project overall dashboard with a management summary of key project information and status
• programme and progress update – to include key milestones completed/missed, 4 week look-ahead and anticipated completion date
• risk update – summary of highest category risks and proposed mitigations
• cost estimate in accordance with the RICS New Rules of Measurement– to include:
• at feasibility review – formal elemental cost plan 1 • design – formal elemental cost plan 2
• pre-tender estimate – formal elemental cost plan 3 • cash flow update and forecast outturn total project cost
• key issues – description, proposed mitigation and timescale for resolution
• decisions required – description, by whom and by when
• change log update – summary table of changes and new additions • surveys and investigations update – investigations commissioned,
carried out and summary of results
• health and safety report – schedule of incidents and near- misses within the period, summary of activity pursuant to the Construction (Design and Management) Regulations.
• change tolerance update • progress photographs
• construction progress report (during construction phase).
1.16 Meetings As requested by the Project Manager and/or the Client, to attend and contribute to all project meetings, including but not limited to:
• project board
• steering group meetings – as required • stakeholder liaison meeting – as required
• design team meetings (as required, minimum monthly) client/end user review/update (as required, minimum monthly)
• statutory authority (as required) • public meetings (as required) • members (as required)
• construction progress (as required, minimum monthly) • risk reduction meetings (as required, minimum monthly) • change control (as required minimum monthly)
• post project review meeting
It has been assumed 10 meeting visits may be necessary within RIBA stages 2 and 3, followed by 1 monthly visit for all following stages to practical completion (combining and coordinating meetings and events to coincide wherever possible).
1.17 Reports To provide all necessary information, in a complete and timely fashion, as requested by the Project Manager to allow the Project Manager to produce project reports as detailed in this Scope.
1.18 Client Interfaces
As required by the Project Manager, to coordinate and liaise with Client interfaces including:
• Legal services, whether internal to the Client or external, for the purposes of ensuring the building contract are complete, signed and properly executed.
• The Client’s maintenance and facilities management teams and their supplier(s) to ensure the fabric and engineering maintenance implications of the project are fully realised and addressed.
1.19 Change control
To assist the Project Manager with the change control process including: • To assist with documenting the proposed change in a
Change/Exception Approval Form, and with undertaking an initial assessment of the time, quality, cost and risk implications of the change (carried out to ensure compliance with the timeframe for reply).
• Illustrate the change in sketches / diagrams as required. 1.20
Programme
Produce a design programme for acceptance by the Client that is realistic, practical and shows the coordination and management of the order and timing of all operations of the Architect and others.
Unless otherwise instructed the Architect shall submit a revised programme to the Project Manager to be incorporated into each project management progress report for acceptance by the Client on a monthly basis.
To inform the Project Manager of any anticipated delays to the programme as soon as they become apparent and to provide information
relating to the likely impact to the Project. 1.21 Cost
management
Support the cost consultant where elements of design work require cost input. Manage the design of the project to ensure that it is aligned with the project budget at all times, advising the Project Manager and cost consultant in a timely fashion of any design issues likely to affect the total project budget.
Produce design solutions that are efficient and cost effective, at all times acting in the best interests of the Client and giving full consideration to the Project capital budget, as well as ongoing maintenance and operational costs.
Provide information in accordance with the programme and as requested by the cost consultant to allow the production of the project pricing document in accordance with the Royal Institution of Chartered Surveyors (RICS) New Rules of Measurement (second edition or the latest edition).
Attend meetings as requested by the cost consultant and/or the Client, with the cost consultant and contractor’s cost managers, to agree valuations, to negotiate values of project changes and to make financial assessments of existing and emerging risks, at all times acting in the Client’s best interest.
1.22 Funding applications
Input into project grant applications, providing design information as requested by the Project Manager for the following:-
• initial funding applications
• respond to funder queries during application appraisal support those attending meetings with funders
• drafting of renewable energy grant applications • close-out documentation.
1.23 CDM Regulations
To ensure that health and safety has been fully considered for all design production, in accordance with the Construction (Design and Management) Regulations 2015, and to fulfil the duty of Principal Designer. Ensure that the Project is designed to the highest levels of health and safety standards, giving full consideration to future health and safety implications with regards to the ongoing maintenance and operation of the completed Project.
1.24 Risk To input into the production and ongoing updating of the project risk register, to be managed by the Project Manager. To advise the Project Manager of any project design risks in a timely fashion and to provide information relating to the possible mitigation strategies.
To act as risk manager for any design risks assigned to the Architect by the project controls consultant, at all times acting in the best interests of the Client in order to minimise the Project risk exposure to the Client. 1.25 BREEAM
assessor
To provide input and data as required by the Project Manager in accordance with the programme, to support the BREEAM process. 1.26
Government Soft Landings
To provide input, specification information and data, and liaise as required with all project stakeholders to support the Government Soft Landings process.
1.27 BIM Take responsibility for the set-up of, and development of, the 3D Building Information Model to a minimum of level 2, from the pre-construction stage and through to handover of the model to the Client at post-construction stage.
2.0 Pre-construction duties and outputs
This section of the Scope sets out the requirements that the Architect shall comply with during the pre-construction stage (and associated sub-stages).
2.1 RIBA Stages 0 and 1 (Strategic Definition and Preparation and Brief)
Not used – already undertaken by others.
2.2 RIBA Stage 2 (Concept Design)
Evaluate initial Brief; consider programme, cost, risks, consultation requirements, structural, building engineering services and environmental issues.
Review feasibility design study, initial heritage statement site surveys, condition survey and investigations and appraise constraints.
Identify any additional information required and consequent programme implications.
Provide updated commentary on feasibility, building only where necessary on the work completed to date (by others).
Undertake physical and documentary investigations to prepare proposals for restoration and repair of heritage assets with adequate evidence to support listed building consent application and funding bids.
Undertake assessment of current building engineering services and proposals within feasibility study and appraise suitability for sustainable future use and options for replacement.
Facilitate the refinement of the Project Brief through direct engagement with the client group and stakeholders.
Prepare options and recommendations for the protection, repair and restoration of historic elements.
Produce a consultation strategy in conjunction with the client and initiate and report on preliminary consultations with statutory bodies, stakeholders and key consultees.
Prepare initial design studies incorporating cost reviews, environmental strategies, conservation and structural appraisals. Incorporate comments/feedback from the Client and consultees into design studies.
Prepare concept design proposals in accordance with the strategic brief and developing Project Brief and provide information for initial cost studies.
Undertake structural surveys of sections of the existing buildings and structures that may be impacted by potential alterations and
new structure
Advise the Client and design team on the structural aspects of initial design studies.
Co-ordinate with the cost consultant and provide all required information for initial cost studies.
Contribute to the ongoing development of the conservation management plan, the cost reports, the activity plan and the business plan to be undertaken by others.
Register the Project with the BRE and identify appropriate BREEAM version to be used. Undertake preliminary BREEAM workshop to identify potential deliverables and options for further investigation.
Produce a joint working document to improve the understanding of the BREEAM credits required; identify missing evidence and any information to be provided, assign responsibility for each credit to be targeted. Ensure the performance of the building is maximised for least capital cost and help the Client to understand what needs to be implemented into the design to achieve the desired rating.
Make enquiries with the current utility service providers, including all load checks as appropriate. Obtain quotes as required.
Attendance and input to a feasibility design review meeting with the Client and the Project Manager to review findings.
2.3 RIBA Stage 2 Report
Provide the design information and input to allow the production of a RIBA Stage 2 report, building only where necessary on the work completed to date (by others) and to include but not be limited to: • executive summary and Project brief
• adopted standards and specifications • site analysis
• design approach
• outline scope of works and specifications
• conservation strategy including preliminary schedule of restoration, repair and adaptation
• transportation assessments • statutory services/utilities
• statutory planning commentary including record of consultations or pre app discussions
• sketch designs appraisal • access philosophy
• schedule of accommodation • risk register
• elemental cost plan and cash flow forecast • whole life cost in-use estimate
• building services/civil and structural engineers’ report and drainage assessment
• preliminary BREEAM assessment and relevant design and options advice to be included within the scope of the project as required
• preliminary maintenance and operational strategy • site investigations report
design programme, to set out deliverables and consultations to achieve project deadlines.
2.4 RIBA Stage 3 (Developed Design)
Undertake the planning design, including but not limited to: • site plans
• external works plans • general arrangement plans • sections and elevations
• scope of works and outline specifications
• computer generated images and building flythrough • mood boards
• room data sheets
• schedule of surveys and investigations and evaluations • design risk assessments
• design and access statement
• conservation proposals including detailed drawings and specifications sufficient to support listed building consent application and accurate costing
• details of restoration repair works, including decorations and fittings where appropriate
• perspective illustrations [internal and external] of all major spaces and features to demonstrate quality and impact of scheme to wide audience including statutory and funding bodies, stakeholders and the community.
• statement of community involvement • transport assessment/travel plan
• external works general arrangement to show any proposed works within the adopted highway to paving, kerbs, levels, lighting or street furniture
• building engineering services scope of works including initial daylight and thermal modelling, room loading schedules, internal and external lighting and acoustic reports. ensuring adequate information is available for elemental cost plan.
• detailed energy management strategy, and outline specification of building management system including target programming, metering strategy and projected operating costs.
• carbon footprint assessment for the Client
• incoming services strategy to include detailed methodology, design, programming, external infrastructure and all utility requirements
• sustainability, maintenance and operational and handover strategies
• interim building regulations assessment • initial BIM to level 2 as a minimum • Government Soft Landings proposals
Co-ordinate input from the Client, end users and other stakeholders as required. Output is in the format of the Planning Design Review Report and the planning applications, as defined in the Brief.
The Project is to be developed to the level of detail required to develop an elemental cost plan and for round 2 ACE, HLF and ERDF bid submissions. A 10 year management and maintenance plan, compliant with Heritage Lottery Fund guidance will be required so that this can be embedded within the over-arching business plan for the Client
(www.hlf.org.uk/HowToApply/goodpractice/Pages/Management_mainte nance_plan_guidance.aspx).
A procurement strategy will also be required, including brief/Client requirements for the contractor and any other significant sub-contractors.
Attendance and input to the planning design review meeting.
Produce and issue to the Project Manager the design information required for the planning design report at least 10 days in advance of the scheduled meeting.
During the meeting present the report, giving a full explanation of the contents and justification for the proposal
Take responsibility for the completion of any design amendments and actions required as a result of the design review. Make the necessary adjustments to the planning, listed building and conservation area consent applications and report.
Provide all required design information to the cost consultant to allow the completion of the whole life cycle cost analysis for the proposed design solution being presented to the Client.
2.5 Planning Submissions
As part of the planning process obtain all necessary statutory consents and approvals, at all times acting in the best interests of the Client,
minimising any restrictive conditions being imposed:
Produce all necessary design information to support the statutory planning approval process. This includes but is not limited to, the pre-application process and the production of the necessary design and survey information.
• Facilitation and attendance (to include minute taking) at client meetings and stakeholder consultations to include, but not limited to, planning and conservation staff, English Heritage, Truro City Council, the Client’s board and staff representatives, Cornwall Design Review Panel and Disability Cornwall. Collate responses, taking these into account within amended designs where appropriate. Summarise responses and actions in a statement of community engagement.
• Provision of display materials and attendance at public exhibition as part of pre planning consultation.
• Carry out the final collation of the planning package and carry out the submission of validated planning, listed building and conservation area consent applications in accordance with the programme.
• Respond to any planning queries, ensuring prompt responses. Participation in public presentations and meetings.
• Reviewing proposed conditions and advising the Client on implications.
• Prepare and submit information as required to allow planning conditions to be discharged, in accordance with the programme and the requirements of the planning approval.
• Prepare and submit all other necessary approvals and licences required for the project.
Provide the design information and input to allow the production of a planning review report. This should include all documents that will be submitted for statutory planning approval, including:
• architectural scope of works and outline specification building services scope of works and outline specification structural/civil engineering scope of works and outline specification
• transportation and environmental impact scope of works to support application and increased business and audience capacity
• building regulations and other statutory approval compliance • elemental cost plan and cash flow forecast
• risk register
• programme and full whole life cycle cost analysis including year one maintenance plan and costings.
2.6 RIBA Stage 4 (Technical
Undertake and complete the technical design, including but not limited to:
Design) • contractor’s access, storage and working area plan including phasing arrangements
• access proposals
• draft construction traffic management plan • phasing and decant plan
• external works plans • general arrangement plans • sections and elevations • co-ordinated setting out plans • co-ordinated/dimensioned floor plans
• co-ordinated/dimensioned reflected ceiling plans • door and window schedules
• fixtures and fittings plan
• schedule of finishes and finishes display boards • loose furniture schedules and plans
• room elevations • construction details
• statutory compliance certificates including planning and building control
• detailed specifications and schedules of works • schedules of conservation and refurbishment works • design risk assessments
• draft non-technical building user guide
• updated sustainability, maintenance and operational and handover strategies
• production and submission of formal BREEAM pre-assessment report outlining the agreed route to achieving the desired BREEAM rating, to ensure the BREEAM design stage assessment is completed, including coordination with BRE’s quality assurance team, paying all relevant fees, and ensuring the client receives all relevant certification.
• updated BIM to level 2 as a minimum
• updated Government Soft Landings proposals
• Co-ordinate input from the Client, end users and other stakeholders as required. Output is in the format of contractor pre tender report, as defined in the Scope.
Attend and input to two value management workshops. The Architect may be required to attend such other value management meetings that are required to meet the requirements of the Project.
The Architect shall input to the action log to reflect:-
• the options considered, appraised and the decisions taken • the full cost and risk analysis undertaken with each option
Provide to the Project Manager all necessary design documentation to allow the production of the form of enquiry and ultimately, the project to be tendered. Ensure the information is provided in accordance with the programme and in the format agreed with the Project Manager.
2.7 Contractor procurement strategy
Provide the design information and input to allow the production of a contractor pre tender report containing all the documents to be issued for tender, including the total project pre tender estimate and risk register.
2.8
Procurement (Contractor)
Support the procurement process for the works and services being procured. The process may include, but is not limited to:
• actioning and responding to tender queries and changes • production of any supplementary design information required
during the tender process
input to the tender evaluation and scoring.
2.9 Novation If novation is put into effect, negotiate and agree with the Contractor such changes as are necessary to the scope of services required by the Contractor, and associated fee. During the procurement of the Contractor answer such queries as may be required. Such negotiation shall be at no charge to the Client. 3.0 Construction duties and outputs
This section of the Scope sets out the requirements that the Architect shall comply with during the construction stage.
3.0 RIBA Stages 5 (Construction)
During the construction process, provide support and input to the Project Manager on all design related matters. Key roles include but are not limited to the following:
• Attend site at a minimum monthly or as requested by the Project Manager and/or the Client, and as appropriate to the scale of the project. Advise the Project Manager of any deficiencies and non-conformities noted during the visit.
• Produce any additional design information required during the construction process.
• Review, comment on and provide recommendations as required on the Contractor’s programme, proposals and technical submissions. • Ensure that all technical queries and requests for information are
dealt with in a timely manner and in accordance with the programme.
Project Manager’s instructions and compensation events.
• Support the Project Manager in responding to early warning notices, attending meetings as requested by the Project Manager to discuss and resolve early warnings.
• Proactively engage with the contractor in the resolution of site quality related queries.
• Provide approvals to the contractor for samples and quality control works. These should be documented in writing after the approval has been given.
• Review and comment on the site inspection reports produced by the Project Manager.
• Record in writing all defects identified during the site visits and issue in writing to the Project Manager.
• Provide support and input to the Project Manager in the resolution of any contractual claims, extensions of time and loss and expense claims.
• Provide support and input to the project controls consultant in the agreement of the project final account with the contractor.
Input into design work, as requested by the Project Manager, for any ancillary Client direct contracts that may be necessary to facilitate the transition of the Client and end users in order to take full occupation of the Project, including but not limited to:
• ICT installations
• furniture and final fittings installation • signage
• artwork
• decant and office moves • building de-commissioning • landscaping and internal planting
• post completion works during the defects liability period • maintenance contractor(s).
Attend and input to two value management workshops. the architect may be required to attend such other value management meetings that are required to meet the requirements of the project.
The Architect shall input to the action log to reflect:-
• the options considered, appraised and the decisions taken • the full cost and risk analysis undertaken with each option.
As requested by the Project Manager, provide input to and comment on contractor’s risk assessments and method statements (RAMS) relating to
the works.
Support the Project Manager and provide input to the handover of the project from its construction phase into the post-construction phase and its ultimate use and occupation by the Client, in accordance with the flow chart. This is to include but not be limited to the following activities and functions:
• Attend and witness the commissioning and setting to work of all plant and systems. Provide feedback to the Project Manager regarding the completeness of the commissioning process on a regular basis. • Provide input to the ‘construction nearing completion’ notification. • Attend and contribute to the pre-handover meeting. The objective of
the meeting is to pre-empt the facilitation of a smooth handover of the asset to ensure its ongoing operation, its integration with the end user’s operational requirements, the arrangements for future maintenance, to agree the contents of the handover checklist and to ensure the necessary operational documentation and certification is provided in accordance with the building contract.
• Provide support to the Project Manager in ensuring that all the required training relating to the completed project has been undertaken.
• Notify the Project Manager in writing of any defects and omissions within the Project.
• Provide written confirmation to the Project Manager that the installations and systems provided meet the requirements of the design and have been commissioned to meet the specified performance requirements, including but not limited to operation and maintenance manuals, health and safety files, as built drawings and certification.
• Attend and contribute to the project handover meeting. the objective of the meeting is to facilitate the smooth handover of the asset to ensure its ongoing operation, its integration with the end user’s operational requirements, the arrangements for future maintenance, to agree and sign-off the handover checklist and to ensure the verified operational documentation and certification is provided in accordance with the building contract.
• Upon Project handover, support the Project Manager in the production of the ‘Certificate of Completion’, with the list of defects and completed and signed handover checklist.
Provide design information and input as requested by the project controls consultant to the monthly construction progress report, including but not limited to:
• a statement of progress and programme status
• summary of work completed and work planned in next period • programme with progress drop-line
