Funded Research analysis.
1. What is the scope of work of the contract?
Scope includes interior finish upgrades of units, accessibility modifications of 10 units and
thought the development, new windows, electrical updates, and site drainage maintenance.
(Agreement, Recitals - Pg. 1).
Article 3.1
The Architect’s Basic Services consist of those described in the Article 3 and include usual
and customary structural, mechanical and electrical engineering services. Services set forth
in this Article 3 are Supplemental or additional services. It is the intention of this Agreement
that the Architect shall provide for all the necessary and appropriate Architecture and design
services required for the Complete design, bidding, construction, administration and
completion of the project, in accordance with Architect’s proposal, through and including
Project Closeout, Whether specifically identified in this Agreement and construction
documents or reasonably implied or inferred therefrom. (Agreement, Article 3.1 - Pg. 4).
Article 3.2.5
The Architect shall submit the Design Documents to the owner and request the Owner’s
approval. (Agreement, Article 3.2.5 - Pg. 4).
Article 3.2.7
The accuracy of the estimated Construction Cost shall be the responsibility of the Architect.
(Agreement, Article 3.2.7 - Pg. 5).
Article 3.4.4
The Construction Documents shall conform to the intent of the Design Documents as finally
approved by the Owner and shall be submitted to the Owner within the time frame set forth
in the Architect’s Proposal (or, if no time period is specified, promptly after Owner’s
approval of the Design Documents). (Agreement, Article 3.4.4 - Pg. 4).
Entire Article 3 speaks about the Architect’s responsibilities and his sope of work of the
contract.
2. What are the fee terms of the contract for the scope of work?
Article 6.1
The cost of the work also includes the reasonable value of labor materials, and equipment,
donated to, or otherwise furnished by, the owner. The cost of the work does not include the
compensation of the Architect; the costs of the land, rights-of –way, financing, or
contingencies for the changes in the work; or other costs that are the responsibility of the
owner. (Agreement, Article 6.1 - Pg. 10).
Article 5.2
With the assistance of the Architect, the owner shall establish the Owner’s budget for the
Project… (Agreement, Article 5.2 - Pg. 9).
Article 11.9.1
An initial payment of…. (Agreement, Article 11.9.1 - Pg. 16).
3. What areas are outside of the scope of work?
Article 10.4
If the Owner requests…(Agreement, Article 10.4 - Pg. 14).
Article 10.5
Nothing Contained in this Agreement, (Agreement, Article 10.5 - Pg. 14).
Article 10.6
The Architect shall have….(Agreement, Article 10.6 - Pg. 14).
4. Is there any inspection, acceptance or approval language before
the architect can get paid or move forward with the project?
Article 3.2.5
The Architect shall submit the Design Documents to the owner and request the Owner’s
approval…. (Agreement, Article 3.2.5 - Pg. 4).
Article 3.2.7
The accuracy of the estimated Construction Cost shall be the responsibility of the Architect…
(Agreement, Article 3.2.7 - Pg. 5).
Article [Link]
TheArchitect shall review….…(Agreement, Article [Link] - Pg. 7).
5. Are there any liquidated damages for delay or any other penalty
clauses for the architect?
Article [Link]
The Owner shall not withhold…. (Agreement, Article [Link] - Pg.17).
6. Are there any clauses that discuss intellectual property rights?
Are there any restrictions on the architects ability to utilize its
design efforts on this project or use the research in the future?
Article 7.1
The architect and the Owner Warrant….(Agreement, Article 7.1 - Pg.10).
Article 7.2
The architect and the Architect’s consultants….(Agreement, Article 7.2 - Pg.11).
Article 7.3
The architect grants….(Agreement, Article 7.3 - Pg.11).
Article 7.3.1
In the event of Owner uses….(Agreement, Article 7.2.1 - Pg.11).
7. Are there any incorporated documents that are not included in
this contract?
Schedule A is referred in A, Exhibit is referred in Article 11.7 page 16 and Article 13.2 page
17, but missing in the document.
B) Summary of the contract analysis based on the questions
responses from above and describing whether the contract is
funded or not.
1. Agreement entered between Architect and Architect’s Client (“Owner”) on November 26,
2019.
2. Scope includes interior finish upgrades of units, accessibility modifications of 10 units and
thought the development, new windows, electrical updates, and site drainage maintenance.
3. The program for the first phase of Renovation is for budget of $6M.
4. The parties will use this Agreement to establish the protocols for the development, use,
transmission, and exchange of digital data.
5. Agreement will expire after one year from the date of its effective date.
6. Architect has General, basic, additional and or supplemental Services.
7. It is the intention of this Agreement that the Architect shall provide for all the necessary
and appropriate Architecture and design services required for the complete design, bidding,
construction, administration and completion of the project.
8. The architect has included in Basic Services of 24 visits to the site by the Architect during
construction.
9. If the services covered by this Agreement are not completed within 18 months of the date
of this Agreement, through no fault of the Architect, extension off the Architect’s services
beyond that time shall be compensated as Additional Services.
10. Payment under the contract is contingent on the success of the Project,
as per Article 11 in the Agreement; Hence Project is funded and can be
called as contract is funded.
