standard agreement 2010: schedules - riba · pdf fileroyal institute of british architects...

Royal Institute of British Architects

Standard Agreement 2010:

Schedules(2012 revision – RIBA Plan of Work 2013 compatible version)

This is the Standard Agreement 2010: Schedules (2012 revision) referred to in the Agreement relating to

The Project, namely:

between

The Client, namely:

Initials

and

*

Initials

*Insert ‘The Architect’ or ‘The Consultant’, namely

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2

Copyright notice

© Royal Institute of British Architects, 2010, 2012Schedules, 2012 revision

Published by RIBA Publishing, 15 Bonhill Street, London EC2P 2EA First published 2010; updated September 2011Revised edition published 2012

RIBA Publishing is part of RIBA Enterprises Ltd.www.ribaenterprises.com

What is this document? This component comprises the schedules for use with the Standard Conditions of Appointment for an Architect, 2012 revision or a Consultant, 2012 revision.

They are also available from www.ribabookshops.com/agreements as separate editable electronic files. Note that the Services Schedule can be replaced if necessary or added to by the following online alternatives:Access Management Services ScheduleContractor’s Design Services ScheduleInitial Occupation and Post-occupation Evaluation Services ScheduleHistoric Building or Conservation Project Services ScheduleMulti-disciplinary Design Services ScheduleMaster Planning Services Schedule

All parties must rely exclusively upon their own skill and judgment or upon their advisers when using electronic components from the suite of RIBA Agreements 2010, 2012 revision, and RIBA and RIBA Enterprises Ltd do not assume any liability to any user or any third party.

Copyright Licence:4 This document is for the sole use of the purchaser.4 You may use it for one professional services contract only.4 You and the other party to your contract may distribute copies of this document to advisers and to other persons

as necessary in connection with the proper performance of your contracts.✘ In any other case, you may not distribute or reproduce the whole or any part of this document in any work,

whether in hard copy, electronic or any other form, without the prior written consent of RIBA Enterprises Ltd.✘ You may not use the RIBA initials or logo unless you are an RIBA chartered member or RIBA chartered practice.

In this updated edition amendments have been made:• intheProjectDatatothetextrelatingtoTimeandCostandLiabilityandInsurance.• in the Services Schedule to reorganise the Other Services schedule which includes an additional service

‘Prescribed software for data transfer’.• in the Fees and Expenses schedule to the layout.

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3

THE PROJECT

The Client is acting for business or commercial purposes / is a Public Authority / is a consumer client

Deleteunwantedoptions.

The Services relate to[1]

at (‘the Site’)

to be procured by[2]

Project description

This box may be deleted if briefing documents are attached – see next entry

[1] Insert Project title. [2] Eg lump sum building contract, design and build, construction management etc.

ProjectData2010,2012revision

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4


Brief Briefing document(s) are attached as Appendix[3]:

Conditions Amendments to the Conditions are attached as Appendix[4]:

Time and cost The Client wishes the Project to be completed in accordance

with the initial Timetable (Project Programme) for [5]:

and the initial Project Budget including the Construction Cost of the Project, ex VAT,

ie: or such other date(s) or cost as may be agreedIf not stated the time or cost constraints are a fair and reasonable period or amount.

LIABILITY AND INSURANCE

Clauses 7.1, 7.2 and 7.4 The time limit for action or proceedings and insurance cover is: yearsIf no period is stated the period is six years (or 12 years if executed as a deed).[6]

The amount of PI insurance cover to be maintained in respect of each and every claim

or series of claims arising out of the same originating cause is:

except where an annual aggregate limit applies in respect of

pollution and contamination the limit is:

and/or

asbestos or fungal mould the limit is:

If no entries are made, liability is unlimited.

7.7 Supplementary Agreements applicable to this Agreement

Appendix [7] Collateral Warranty

Third Party Schedule [8]

Novation Agreement

other

[3] Insert number or letter. [4] Insert number or letter. [5] Insert the event eg Practical Completion and the target date. [6] If no period is stated, where the law of England and Wales or the law of Northern Ireland applies, the period is

six years (or 12 years if executed as a deed). If no period is stated, where the law of Scotland applies, the period is six years where the Agreement is valid but not formally executed in a self proving manner and 12 years where the Agreement is formally executed in a self proving manner, subject to the prior operation of statutory prescription.

[7] Select the preferred option and insert number or letter of the appendix. [8] ADraftThirdPartyRightsScheduleisavailableatwww.ribabookshops.com/agreements

If an aggregate cap applies delete ‘in respect of each and every claim or series of claims arising from the same originating cause’ and insert ‘in the aggregate’.

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5


DISPUTE RESOLUTION

Clauses 9.1 to 9.3

Mediation The parties may agree to refer a dispute or difference arising out of this Agreement to the Mediation service of:[9] Delete if mediation is not required.

Adjudication A dispute or difference arising out of this Agreement may be referred to adjudication in accordance with:

Select the preferred CIC Model Adjudication Procedures current at the date of the referenceprocedures

The Scheme for Construction Contracts Regulations[10]

Other

Or for a consumer client The RIBA Adjudication Scheme for Consumer Contracts where the Client is a consumer and the claim does not exceed:

If required, the nominator of the Adjudicator is:

If no nominator is stated, the nominator is the Royal Institute of British Architects.

Litigation or arbitration Without prejudice to any right of adjudication, any dispute or difference arising out of this Agreement

Select the applicable option is determined by legal proceedings

is referred to arbitration in accordance with the clause 9.3 except in connection with the enforcement of any decision of an adjudicator

If no selection is made, legal proceedings apply.

Where arbitration is chosen the appointor is the President or Vice-President[11] of:

If no appointor is stated, the appointor is the President or a Vice-President of the Royal Institute of British Architects.

Applicable law The law applying to this Agreement is the law of: Unless otherwise stated, the law of England and Wales applies.

Effective date The effective date of this Agreement is: Unless otherwise stated, the Effective Date is the date on which performance of the Services commenced.

[9] Mediation services available from Royal Institute of British Architects, Royal Incorporation of Architects in Scotland, ResolexLtdandADRNetLtd. [10] As relevant to England and Wales, Scotland or Northern Ireland. [11] Or the President or the Secretary of the Royal Incorporation of Architects in Scotland.

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6

PROJECT APPOINTMENTS[12]

The Other Persons listed below are or are to be appointed to perform services in connection with the Project:

Core Project Roles

Client Representative

Project Lead

Health & Safety Advisor

Cost Consultant

Contract Administrator

LeadDesigner

Architect [13]asDesigner

Additional Roles

Employers Agent

LandscapeDesigner

[12] Insert profession, name and address or ‘to be agreed/notified’. If appropriate, identify particular elements to be included in their responsibilities. Where the appointment of a sub-consultant has been agreed, enter Profession/role in the space to the left of the page and Consultant – Sub-consultant – name and address in the space to the right.

[13] ‘Architect’ is a protected title which can only be used by registered architects in the UK.


Civil and Structural Engineer asDesigner

Building Services Engineer asDesigner

Site Inspector(s)/Clerk(s) Of Works

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7

Services 2010, 2012 revision

Enter the applicable stages in the right hand box for the Roles to be performed by the appointee Delete or strike through any Roles not included in the Agreement

The Services are set out in the parts of this schedule identified below

Role Specifications

Design Services [14][15]

Other Services

and additional schedule(s) [16]

The Services shall be performed in the specified stages [as defined in the RIBA Plan of Work 2013] and include performance of any specified roles in the list below.

Stages

Role Specifications [17] Project LeadIf no Project Lead is appointed then the Client or Client’s Representative performs the role.

Health & Safety Advisor

TheClient,ifdefinedas‘domesticClient’intheCDMRegulations,willbeexemptfrom statutory duties arising including the requirement to appoint a Co-ordinator.

Cost Consultant

Contract Administrator

Employer’s Agent

LeadDesigner

ArchitectasDesigner

CivilandStructuralEngineerasDesigner

BuildingServicesEngineerasDesigner

Site Inspector(s)/Clerk(s) of Works

[14] ApplicabletoDesignersonly.[15] Amend reference if a different schedule is used. Other available schedules include Access Consultancy Services,

Contractor’s Design Services, Initial Occupation and Post-occupation Evaluation Services, Multi-disciplinary Design Services and Master Planning Services.

[16] ApplicabletoDesignersonly.[17] The Specified Roles to include any performed by sub-consultants employed directly by the Architect.

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8

Services 2010, 2012 revision RIBA Outline Plan of Work 2007 as amended November 2008

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9

The person appointed to the specified Roles is authorised to perform and shall be responsible for performance of the 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.

Issuinginformation,decisions,approvalsandinstructionstotheLeadDesigner,CostConsultant and Contract Administrator/Employer’s Agent.

Implementing of any feasibility studies and/or options appraisals required.

Developingandmaintainingaprojectstrategy.

Developingandmaintainingamanagementstructureandcommunicationsenvironmentin 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 except that communications on significantdesignmattersaredealtwithbytheLeadDesignerand/ortheHealth&SafetyAdvisor.

Leading, co-ordination and preparation of a Project Execution Plan and the Project Programme.

Advising on methods of procuring construction.

ReviewingtheprogressofdesignworkwiththeLeadDesignerandHealth&SafetyAdvisor.

Developingandmanagingchangecontrolprocedures,andmakingorobtainingdecisions necessary for time and cost control.

WiththeContractAdministrator,LeadDesignerandHealth&SafetyAdvisorco-ordinating and reviewing the work of consultants and site inspectors during Stages 4 and 5.

Services 2010, 2012 revision Part 1: Role Specifications

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Health & Safety Advisor [18] [19] Exercising the powers and duties of and associated with the statutory function of Co-ordinator under the Construction (Design and Management) Regulations 2007.

Providing, as and when requested, information on health and safety issues to the Project Lead,LeadDesigner,theContractAdministrator/Employer’sAgent,DesignersandanyOther 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.

Cost Consultant Providing and updating Cost Information including estimates, advice, valuations and other information concerning the cost of construction works.

Co-ordinating and integrating estimates, advice, valuations and information provided by any Other Person.

Providing quantity surveying services.

Contract Administrator Inviting and appraising a tender or tenders, including: (Stages5-6)or • consideringwiththeClientatendereroralistoftenderersforconstructionworks; Employer’s Agent • consideringwiththeClientappointmentofacontractor,andadvisingonthepowers(Stages 5-6) and duties of the parties and the Contract Administrator under the Building Contract; • preparingtheBuildingContractandarrangingforsignatures.

Administering the Building Contract, including: • reviewingthecontractor’sprogrammeandtheprogressofconstructionworks; • issuingofinformation,instructions,etc; • reviewingwithrelevantconsultantsofinformationprovidedbythecontractor; • providinginformationrequiredforpreparationofvaluationsofworkcarriedoutor

completed or validating contractor’s applications for payment; • givingnoticeofanyadjustmenttotheCompletionDate; • ascertainingorinstructingascertainmentoflossandexpenseduetothecontractor; • certifyingpaymentsdue; • presentingfinancialreportstoClient; • collatingrecordinformationinconjunctionwiththeHealthandSafetyAdvisor;and • exercisingimpartialandindependentjudgmentwhendealingbetweenClientandthe

contractor (not applicable to Employer’s Agent).

[18] For the purposes of the Agreement, the Co-ordinator is a member of the consultant team. In any conflict with the AgreementtheCDMRegulationstakeprecedence.

[19] Note: The Co-ordinator is to be appointed by the Client as soon as is practicable after preliminary design work, planning or other preparation for construction work has begun. Not applicable to a Client if defined as ‘domestic Client’intheCDMRegulations.

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WiththeLeadDesigner,CostConsultantandtheHealth&SafetyAdvisor,co-ordinatingand reviewing the work of all consultants and site inspectors, if any, to the extent required for the administration of the Building Contract, including:

• providinginformationrequiredbyconsultantsandsiteinspectorsfortheirservicesduring the construction period;

• receivingreportsfromsuchconsultantsandsiteinspectorstoenabledecisionstobemade in respect of the administration of the Building Contract;

• consultinganyOtherPersonwhosedesignorspecificationmaybeaffectedbyaClient instruction relating to the Building Contract, obtaining any information required and issuing any necessary instructions to the contractor;

• managingchangecontrolproceduresandmakingorobtainingdecisionsasnecessary for time and cost control during the construction period.

Reporting to the Client.

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 in conjunction with the Health & Safety Advisor.

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.

MonitoringtheworkoftheDesigners.

Designers Preparing and maintaining for each stage a programme for performance of the(includingLeadDesigner) Services,includinganyServicesnotcompletedinapreviousstage.

Providing designs, specifications, advice and information concerning the design for whichthedesignerisresponsible(‘theRelevantDesign’)withdueregardtocost,functionality, build quality and impact, buildability, construction safety, operation and maintenance.

Determiningmaterials,elementsandcomponents,standardsofworkmanship,typeofconstructionandperformanceinusefortheRelevantDesign.

Preparing drawings, sketches, schedules, specifications, calculations and production andtenderinformationfortheRelevantDesignasappropriate.

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 generallyknownwithintheDesigner’sprofessionatthetimeofspecificationorauthorisation to be deleterious or hazardous to health or safety or to affect the durability of construction works.

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(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:

• inspectiongenerallyoftheprogressandqualityoftheRelevantDesignasbuilt; • approval of such elements of the works as may be specified to be to the reasonable

satisfactionoftheDesigner; • obtaining information necessary for the issue of any notice, certificate or instruction

by the administrator of the Building Contract.

Architect as Designer’s services include siting, spatial arrangement, amenity and appearance of buildings and external works elements. Includes services as relevant to LandscapeArchitectsorInteriorDesigners.

Civil and Structural Engineer as Designer’s services include civil engineering elements, structural stability of building sub-structures, super-structures and external works elements.

Building Services Engineer as Designer’s services include building services (including mechanical, electrical, public health, transport and/or communications systems) elements.

Specialist Designer’s 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.

Site Inspector’s/Clerk of Work’s services include inspecting and reporting upon the progress and quality of the works and conformity with the contract documentation.

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Delete or strike through any services not required. Make any necessary amendments to include services and/or add additional services.

WORK STAGE SERVICES

Stage 0 Strategic Definition

Receiving Client’s instructions and information about the Project.

Assisting the Client in defining the Client’s strategic requirements and the preparation of the Strategic Brief.

Providing information for a report on the Project Budget.

Reviewing with Client alternative project team options.

Contributing to the Project Programme and assembling the project team.

Stage 1 Preparation & Brief

Visiting the Site and carrying out an initial appraisal.

Assisting development of the Initial Project Brief including consideration of Project Objectives, Quality Objectives, Project Outcomes, Sustainability Aspirations, Project Budget and other parameters or constraints. Undertaking Feasibility Studies and review of Site Information.

Undertaking development of Handover Strategy and Risk Assessments.

AssistingassemblyofprojectteamincludingcontributionstotheDesignResponsibilityMatrix, Information Exchanges and the Project Execution Plan.(Compiling, revising and editing the Initial Project Brief on behalf of the Client is Other Service 3a)

Stage 2 Concept Design

PreparingConceptDesignandincludingoutlinespecifications.

Providing information for approximate estimate of Construction Cost for inclusion with Cost Information.

Contributing to completion of the Final Project Brief.

Preparing Stage Report in accordance with agreed Information Exchanges and submitting to Client.

Preparing Sustainability Strategy, Maintenance and Operational Strategy and reviewing Handover Strategy and Risk Assessments.

Assisting with Third Party Consultations, updating of the Project Execution Plan, preparing of the Construction Strategy and Health and Safety Strategies.

Services 2010, 2012 revision Part2:DesignServices

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Stage 3 Developed Design

DevelopingtheapprovedConceptDesigntoshowspatialarrangements,typeofconstruction, materials and updated outline specifications in sufficient detail to co-ordinate the structural and building services design of the project.

InvestigatingeffectofstatutorystandardsandconstructionsafetyonConceptDesign.

Consulting statutory authorities.

Providing information for estimate of Construction Cost.

Preparing Stage Report in accordance with agreed Information Exchanges and submitting to Client.

Reviewing the Project Execution Plan and Risk Assessments and the Sustainability, Maintenance and Operational, Handover, Construction and Health and Safety Strategies.

Undertaking Third Party Consultations as required.

Planning Applications.

Arranging and preparing information for Pre-application discussions.

Preparing and submitting application for detailed planning permission.

Assisting discharge of conditions attached to Planning Consent.

Stage 4 Technical Design

Preparing technical designs, calculations and specifications sufficient to construct the projectinaccordancewiththeDesignResponsibilityMatrixandagreedInformationExchanges.

Consulting statutory authorities on developing design.

Providing information for updating estimate of Construction Cost.

Reviewing the Project Execution Plan and Risk Assessments and the Sustainability, Maintenance and Operational, Handover, Construction and Health and Safety Strategies.

Undertaking Third Party Consultations as required including preparing and making submissions under building acts and/or regulations or other statutory requirements.

Reviewing design information provided by contractors or specialists to establish whether that information can be co-ordinated and integrated with other project information.

Giving general advice on operation and maintenance of the building.

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Stage 5 Construction

MakingvisitstoconstructionworksasDesigner.[20]

Responding to site queries as reasonably required for construction

Complying with the requirements of the Handover Strategy including agreement of information required for commissioning, training, handover, asset management, future monitoring and maintenance and on-going compilation of “As Constructed Information”.

Assisting with the updating of the Construction and Health & Safety Strategies.

Providing record drawings showing the building and main lines of drainage and other information, where applicable, for the Health and Safety File (CDM 2007) and the building log book (Building Regulations Approved Document Part L2).

Reviewing compliance with statutory and contract requirements.

Stage 6 Handover and Close Out

Advising on resolution of defects.

Providing information for agreeing final account.

Assisting building user during initial occupation period, if applicable as attached schedule.

Stage 7 In Use

Carrying out Post-occupation Evaluation, if applicable as attached schedule.

Procurement Activities Identify extent of design work by contractor and/or specialist sub-contractors.

Prepare documents required for tendering purposes.

NB: Activities in italics may be moved to suit project requirements.

NB: Activities underlined will vary to suit project requirements.


[20] See Role Specifications for definition.

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Delete or strike through any services not required. Select the boxes for the required services [Y or 4], alternatively, enter ‘T’ for time-based services or ‘LS’ for lump sums, make any necessary amendments and/or add additional services.

Sites, buildings and related services

1 Selection of project team members

2 Options appraisal

3a Initial Project Brief

3b Final Project Brief Compiling, revising and editing

3c Room data sheets

4 Selection of sites and/or buildings

5 Surveys, inspections or specialist investigations

6 Accessibility audit

7 Environmental studies

8 Services in connection with party wall matters

9 Community architecture services

10 Outline planning submissions and/or pre-application planning consultations

11 Negotiations in connection with statutory approvals

12 Submissions to and negotiations with landlords, freeholders, etc

13 Applications or negotiations for statutory and other grants

14 Prescribed software for data transfer

15 Services in connection with value engineering

16 Services in connection with risk management

17 Electronic document control system

18 Services in connection with a site waste management plan

19 Two-stage tendering

20 Briefing and/or tender documentation for specialist services

21 Negotiating a price with a contractor (in lieu of tendering)

22 Additional site inspections or provision of resident site staff

Services 2010, 2012 revision Part 3: Other Services

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23 Interim and final valuations

24 Compiling maintenance and operational manuals

25 Specially prepared drawings of building as built, models, photographs, etc

26

27

28

29

30

Special Services

Special Services only required if the need arises during the commission, which may be instructed as additional Services:

• Revisionoforpreparationofadditionaldocumentsto: – comply with requirements of planning or statutory authorities, landlords, etc; – comply with changes in interpretation or enactment or revisions to laws or

statutory regulations; – make changes or corrections not arising from any failure of the Architect/

Consultant. • Investigationsandinstructionsrelatingtoworknotinaccordancewiththebuilding

contract. • Assessmentofalternativedesigns,materialsorproductsproposedbyacontractor

or sub-contractor. • AssistancetotheContractAdministratordealingwithextensionsoftimeand

contractor’s claims. • ServicesonbehalfoftheClientinconnectionwithanydisputebetweentheClient

and another party. • Servicesfollowingdamageto,ordestructionof,abuildinginconstructionor

existing buildings. • Servicesfollowingsuspensionorterminationofanycontractoragreementwith

or the insolvency of any other party providing services to the project. • Servicesinconnectionwitheasementsorotherlegalagreements.

Services 2010, 2012 revision Part 3: Other Services

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Fees and Expenses Schedule 2010, 2012 revision

Basic Fee Identify the applicable clauses, relevant work stages and the basis for calculation of the amount of the fee

Stage Clause Fee Notes

In stages 5 and 6 the Basic Fee includes site visits[21]

Unless otherwise stated, the maximum number of visits will be one per month

Other fees Other fees are fees for any Other or Special services required but not included in the Basic Fee and, if applicable, any specified copyright licence fee for the Client’s use after the date of the last Service performed under this Agreement of materials produced by the Architect (drawings, documents etc.) in performing the Services.

Subject Clause Fee Notes

[21] Unless time charges apply in which case, delete.

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Fees and Expenses Schedule 2010, 2012 revision

Person/grade Rate [22] Person/grade Rate [22]

Time Charges

Expenses and The specified expenses listed below will be charged [23]

Disbursements a) at net cost plus a handling charge of % of net cost

or

b) by the addition to the amount due of % of the total fee

or

c) Other [24]

Specified Expenses

Other Expenses (including disbursements [25]) will be charged at net cost plus % of net cost

Where applicable, travel will be charged at per mile

Hard copies of Drawings A4 A3 A2 A1 AOand Documents in black and white

inPDFformatorsimilar

Payment VAT Registration number of the payee is:

Accounts for instalments of fees [26] shall be issued:

[22] £/hour or £/day. [23] Deletethosethatdonotapply. [24] Use where specified expenses are to be charged by a method different from those listed above. [25] Such as payments to the Local Authority for planning submissions or Building Regulations approval. [26] State whether calculated on basis of the estimate of the percentage of completion of the Services or stages or

additional services or such other specified method.

Enter frequency Where payments are to be equalised or based on milestones, specify details:

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