N.M. Admin. Code § 1.5.18.9
Current through Register Vol. 35, No. 24, December 23, 2024
Section 1.5.18.9 - PROCEDURESA. The schedule is applicable to all owner-architect agreements between a state agency and an architect and is based upon a percentage of the estimated construction cost for work which will be let on a stipulated-sum construction contract. The schedule establishes the highest permissible architect rate and is not to be mistaken as establishing the lower limit, average, or actual fee.B. Included as basic services are programming, schematic design, design development, construction documents, assistance in bidding and negotiation, construction administration and post-construction services, all of which are further outlined in Sections 6.2.1 through 6.2.7 [now Paragraphs (1) through (7) of this subsection]. This list does not necessarily correlate with the descriptions or numbering of the architect's basic services as described in an agency's owner-architect agreement but do provide the general description of basic services. If the maximum architectural fee is allowed, pursuant to the rate schedule appendix "A" herein, all of the basic services listed in Section 6.2.1 through 6.2.7 [now Paragraphs (1) through (7) of this subsection] of these rules shall be provided. If any of the basic services listed in 6.2.1 through 6.2.7 [now Paragraphs (1) through (7) of this subsection] are not included in the architectural services, other factors, as specified in these rules, shall be present before the owner may award the maximum allowable architectural rate. (1) Programming phase - programming phase services(a) project administration(b) owner-supplied data coordination(c) establishment of program goals and needs(e) determination of space area requirements(f) establishment of space relationships(g) site analysis for building location(h) site utility studies and reports(i) obtaining licensing agencies' or other regulatory entities' consultation/review(k) presentation(s) to owner(l) obtaining approval of programming documents from owner(2) Schematic design phase - schematic design phase services (a) project administration(b) concept design for all applicable disciplines, including but not limited to:(c) interim design presentation(s) to owner(d) preliminary alternative materials and systems recommendations, including: (i) life cycle maintenance briefing(ii) feasibility of utilizing alternative energy sources(e) statement of probable construction cost(f) submittal and presentation of schematic design documents to owner(g) obtaining approval of schematic design documents from owner(3) Design development phase - design development phase services(a) project administration(b) finalization of design and selection of materials and systems for all applicable disciplines, including but not limited to:(d) statement of probable construction cost(e) outline of specifications, including equipment and furnishings(f) obtaining licensing agencies' or other regulatory entity's review and approvals, as required(g) submittal and presentation(s) of design development documents to owner(h) obtaining approval of design development documents from owner(4) Construction document phase - construction documents phase services(a) project administration(b) preparation of final bidding and construction documents for all applicable disciplines, including but not limited to:(c) detailed cost estimates(d) obtaining licensing agencies' and other regulatory entities' reviews and approvals(e) presentation(s) of bidding and construction cocuments to owner(f) obtaining approval of bidding and construction documents from owner(5) Bidding phase - bidding phase services(a) project administration(b) bidding documents distribution(c) bidding inquiries review and disposition(d) proposed substitution, pre-approval, or prequalification review and disposition(f) representation and assistance to owner at bid opening(g) analysis of bids and recommendation on award of contract(h) assistance to owner in preparation and execution of construction agreement(6) Construction administration phase - construction administration phase services (a) project administration(b) administration of preconstruction conference(c) periodic construction field observations(d) administration of progress meetings(e) review and disposition of (iii) contractor pay requests(f) interpretation of documents(g) monitoring of construction schedule(h) coordination of applicable regulatory agency review and approvals(i) determination of substantial and final completion(j) project closeout, including:(i) maintenance, operation, and start-up sssistance(ii) recording of construction and warranty documents(7) Post-construction - post-construction services(a) maintenance and operational troubleshooting(b) eleven-month warranty reviewC. The services listed in Article 6.2 [now 1.5.18.9 NMAC] should be viewed as a guide to basic services required of the architect on each project. Wherever appropriate, the list of services actually required must be reviewed to ascertain the services to be deleted or modified. Such modifications could include deletion or requirement of furnishings; soils and foundation investigation; boundary, topography, utilities, and existing facility surveys; and cost engineering, construction management, and other owner-required special services beyond those that would ordinarily be included for the type of project involved. Such modifications should be considered in the negotiation of the fee.D. Based on the scope of services, the architect is required to make a fee proposal, supporting the proposal with cost-based estimating documentation. The agency and the architect shall negotiate the rate and document the methodology and basis for arriving at the architect's fee. A copy of this documentation shall be kept with the project file. Documentation required shall be submitted on approved phase compensation worksheets, phase/service matrix worksheets, and project time and payment schedules, all of which are attached hereto as appendix "C."E. Reimbursable expenses: Where provided by the owner-architect agreement, reimbursable expenses are not included in basic services compensation and are actual expenditures made by the architect or his employees in the interest of the project. Examples of reimbursable expenses are as follow: (1) expenses of mileage and per diem when traveling in connection with the project;(2) expense of fees paid for securing approvals of authorities having jurisdiction over the project;(3) expense of reproduction of drawings, specifications, and other documents as required by the owner to solicit bids and execute contracts;(4) expense of applicable gross receipts taxes on basic services, reimbursable expenses, or additional services.F. Additional services of the architect: Additional services are beyond basic services and, when authorized by the owner, shall be negotiated separately and paid for as agreed to by the parties and stated in the owner-architect agreement. Examples of potential additional services are as follows: (1) providing financial feasibility or other special studies;(2) providing programming, planning surveys, site evaluations, environmental impact studies, or comparative studies of prospective sites other than those services required under basic services to provide a complete and operable facility;(3) providing services related to future facilities, systems, and equipment which are not intended to be constructed during the construction phase;(4) making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control or not the responsibility of the architect; this does not apply to revisions necessary for final approval of programming, schematic design studies and statement of project scope and design development documents, or to revisions necessary to bring the project within the designated MACC; the architect shall receive written authorization from the owner before commencing work on any change or alteration to the contract documents;(5) preparing drawings, specifications, and supporting data and providing other services in connection with change orders to the extent that the adjustment in the basic compensation resulting from the adjusted construction cost is not for work which should have been provided pursuant to basic services and that such change orders are required because of causes not related to the actions or responsibilities of the architect;(6) making investigations, surveys, valuations, inventories, or detailed appraisals of existing facilities when such work is not covered by the owner-architect agreement;(7) providing consultation concerning replacement of any work damaged by fire or other cause during construction and furnishing services as may be required in connection with the replacement of such work;(8) full-time or part-time project representation beyond that required as part of basic services.G. Application of architect rate schedule(1) The maximum architect rate (MAR) shall be limited by the architect rate schedule chart, attached hereto as appendix A and incorporated herein as though set forth in full, as modified by the building type group schedule, attached hereto as appendix B and incorporated herein as though set forth in full.(2) The maximum allowable rate is arrived at by the fee curve for the appropriate building type and associated guide notes found in the building type group schedule and the fixed MACC found in the architect rate schedule chart. (Appendix "A") architect rate schedule chart
N.M. Admin. Code § 1.5.18.9