Summary: B214™–2012, Standard Form of Architect’s Services for LEED® Certification

Content.

Synopsis

Purpose

Changes from the previous edition

 

Synopsis.

AIA Document B214–2012, Scope of Architect’s Services: LEED® Certification, establishes duties and responsibilities when the owner seeks certification from the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) program. B214–2012 may be used to provide the scope of services for a prime architect who is providing LEED Certification services as an Additional Service, or, in the alternative, for an architect who is providing only LEED Certification services as a consultant to the owner. 

Although some of the architect’s services vary based on whether the architect is performing its services as the prime architect or as a LEED consultant, in either case, the architect’s services include conducting a LEED Workshop, preparing a LEED Certification Plan, and Project registration and submission of LEED Documentation. 

B214–2012 may be (1) incorporated into the owner/architect agreement as the architect’s sole scope of services or in conjunction with other scopes of services documents, or (2) attached to AIA Document G802™–2017, Amendment to the Professional Services Agreement, to create a modification to an existing owner/architect agreement. B214–2012 is a scope of services document only and may not be used as a stand-alone owner/architect agreement. For use and execution of a document, see its instructions  »

 

Purpose. 

AIA Document B214–2012 provides the Architect’s scope of services for LEED Certification in a standard form that the Owner and Architect can modify to suit the needs of the Project. B214–2012 may be used to provide the scope of services for a Prime Architect who is providing LEED Certification services as an Additional Service, or, in the alternative, for an Architect who is providing only LEED Certification services as a consultant to the Owner. However, B214–2012 should not be used to provide a scope of services for a consultant working for an architect, rather than for an owner. For that purpose, AIA Document C401™–2017 may be used, and modified as necessary, to provide a detailed description of the consultant’s services.

AIA Document B214–2012 is not a stand-alone document and to become effective it must be incorporated into an owner-architect agreement. It may be used with AIA Document B102™–2017, Standard Form of Agreement Between Owner and Architect without a Predefined Scope of Architect’s Services, to provide the Architect’s sole scope of services, or with B102–2017 in conjunction with other standard form services documents. 

It may also be incorporated into any owner-architect agreement when the agreement is executed or used with AIA Document G802–2017, Amendment to the Professional Services Agreement, to create a modification to any owner-architect agreement. 

B214–2012 should not, however, be used with the AIA’s Sustainable Projects Owner-Architect agreements. Those agreements already have provisions that will encompass services for LEED Certification as part of the Architect’s Sustainability Services when the Owner’s Sustainable Objective includes LEED certification.

 

Changes from the previous edition.

This standard form of architect’s services document was revised in 2012 to reflect changes to the LEED rating system, including LEED-Online, and recent case law published since the 2007 edition. Below is a description of several significant revisions included in B214–2012.

Article 1 – Initial Information

§ 1.1.1 A new section has been included for the parties to designate the Owner’s LEED Certification goal for the Project. The parties should include the desired level of LEED Certification—e.g., Platinum, Gold, Silver, or Certified, and the specific Green Building Rating System and version under which certification will be pursued.

§ 1.2 Because of B214–2012’s dual-purpose, either as a scope of services to be provided by a LEED Consulting Architect or as a scope of Additional Services to be provided by a Prime Architect, some provisions are set forth in the alternative. The parties should check the “Prime Architect” or “LEED Consulting Architect” box as appropriate. Based on the parties’ selection under Section 1.2, the applicable section of B214–2012 describing certain of the Architect’s LEED Certification Services will vary. The Prime Architect is responsible for all of the services under this Standard Form of Architect’s Services except those under Section 2.8. The LEED Consulting Architect is responsible for all of the services under this Standard Form of Architect’s Services except those under Section 2.7.

Article 2 – LEED Certification Services

§ 2.3 LEED Certification Agreements. On LEED Projects, the United States Green Building Council (USGBC) and Green Business Certification Inc. (GBCI) require that the person registering the Project consent to a number of agreements with GBCI and/or the USGBC as part of the registration and certification processes. B214–2012 assumes that the Architect will register the Project on behalf of the Owner. The Architect will provide any agreements required by the USGBC/GBCI to the Owner for review; and the Owner agrees to execute all documents required by the USGBC/GBCI to establish the Architect as the agent of the Owner for purposes of certifying the Project.

§ 2.4 LEED Workshop. The Architect is required to complete a LEED Workshop with the Owner and, as requested by the Architect, with the Owner’s consultants and the Architect’s consultants, no later than the conclusion of the Schematic Design Phase. During the LEED Workshop, the attendees will: review the LEED Green Building Rating System; examine LEED credits to be targeted, utilizing the appropriate Green Building Rating System Project Checklist, and identify potential LEED points associated with those credits; examine strategies for implementation of the targeted LEED credits; and discuss the potential impact of the targeted LEED credits on the Project schedule and Owner’s program and budget.

§ 2.5 LEED Certification Plan

§ 2.5.1 The requirements of the LEED Certification Plan have been modified to closely track the requirements of the Sustainability Plan in the AIA’s Sustainable Projects documents. Following the LEED Workshop, the Architect will develop a LEED Certification Plan that will identify and describe: the LEED credits sought and the Owner’s LEED Certification goal; each Project participant’s roles and responsibilities associated with achieving the LEED credits; and each participant’s responsibility for providing LEED Documentation. Once completed, the LEED Certification Plan is submitted to the Owner for approval.

§ 2.5.1.1 Like the AIA’s Sustainable Projects documents, B214–2012 has been revised to include language that requires the Architect to perform those services that are the responsibility of the Architect under the LEED Certification Plan.

§ 2.6 Project Registration and Submission of LEED Documentation to GBCI

§ 2.6.1 Language has been included requiring the Architect to register the Project with GBCI. Acting as the Project registrant can have ramifications which are explored in greater detail in AIA Document D503™–2011, Guide for Sustainable Projects. Under B214–2012, registration fees are treated as a reimbursable expense.

§ 2.6.2 The Architect is required to collect LEED Documentation from each party responsible for producing it in accordance with the LEED Certification Plan, and submit the LEED Documentation to GBCI as necessary for the LEED Certification process.

§ 2.6.3 Section 2.6.3 has been added to address the appeal of credit or point rulings under LEED. Provided the Architect has received timely notice of denial of a minimum program requirement, prerequisite, credit or point necessary to achieve LEED Certification, the Architect will prepare and file an appeal to GBCI. Appeals to GBCI are performed as part of the Architect’s Basic Services subject to a limitation on the number of appeals under Section 3.1 or Section 3.2. Any appeals in excess of the limitations in Section 3.1 or Section 3.2 will be compensated as an Additional Service. In addition, it should be noted that the Architect’s obligation under Section 2.6.3 does not extend to prosecuting appeals to GBCI, or taking any other actions determined by the Owner to be necessary or desirable, arising from the revocation or reduction of an awarded LEED Certification.

§ 2.6.4 The Architect is required to prepare and submit the application for certification to GBCI. This activity can have ramifications that are explored in greater detail in AIA Document D503–2011, Guide for Sustainable Projects.

§ 2.6.5 Language has been included requiring the Architect to prepare responses and submit additional documentation required by comments or questions received from GBCI, subject to the limitations set forth in Section 3.1 or Section 3.2.

§ 2.6.6 Language has been included stating that any certification, declaration or affirmation the Architect makes to GBCI does not create a warranty or guarantee to the Owner.

§ 2.7 Services Performed Only By the Prime Architect Pursuant to Section 1.2

§ 2.7.1 LEED Certification Drawings and Specifications. The Architect, as Prime Architect for the Project, has responsibility for preparing Contract Documents, including the Drawings and Specifications that incorporate the requirements of the LEED Certification Plan.

§ 2.7.2 In order to achieve LEED Certification, the Project requirements may necessitate the use of untested materials and equipment on the Project. The Architect may be unable to confirm a track record of reliability for the materials or equipment. If the materials or equipment fail to perform in accordance with the manufacturer’s representations, the Project may fail to achieve LEED Certification. It is important that the Architect discuss the proposed use of such materials or equipment with the Owner and inform the Owner of any potential impact on LEED Certification that may occur if the product fails to meet the manufacturer’s representations. If the Owner chooses to use the product, Section 2.7.2 may limit the Architect’s liability for a failure of the product to perform in accordance with the manufacturer’s representations.

§ 2.7.3 LEED Certification Services during Bidding or Negotiation. During the Bidding or Negotiation Phase, the Architect, as the Prime Architect, is responsible for: conducting a pre-bid conference to receive questions regarding the Bidding Documents related to LEED Certification; preparing responses and addenda to questions from prospective bidders related to LEED Certification; considering substitutions, if permitted, and identifying approved substitutions related to LEED Certification; and assisting the Owner in evaluating information in bids or proposals and determination of the successful bids or proposals related to LEED Certification.

§ 2.7.4 LEED Certification Services during Construction. During the Construction Phase, the Architect, as the Prime Architect, is responsible for: reviewing properly prepared requests from the Contractor for additional information; preparation of supplemental Drawings, Specifications and other information in response to the Contractor’s requests for information related to LEED Certification; visiting the site and informing the Owner of the progress of the Work-related to LEED Certification; approving and taking other appropriate action on the Contractor’s submittals for the purpose of checking for conformance with LEED requirements; reviewing properly prepared and timely requests for changes in the Work-related to LEED Certification; and notifying the Owner of changes that may materially affect the LEED Certification of the Project.

§ 2.8 Services Performed Only By the LEED Consulting Architect Pursuant to Section 1.2

§ 2.8.1 LEED Certification Drawings and Specifications. As the LEED Consulting Architect, the Architect is not responsible for incorporating the requirements of the LEED Certification Plan into the Drawings and Specifications. The LEED Consulting Architect provides the LEED Certification Plan to the Owner’s prime Architect for incorporation into the Drawings and Specifications and provides advice to the Owner regarding the Contract Documents and any impediments to achievement of the anticipated LEED Certification.

§ 2.8.2 LEED Certification Services during Bidding or Negotiation. During the Bidding or Negotiation Phase, the Architect, as LEED Consulting Architect, is responsible for: attending the pre-bid conference, if requested by the Owner, to receive questions regarding the Bidding Documents related to LEED Certification; assisting the Owner and the Owner’s consultants with regard to clarifications and interpretations of the Bidding Documents related to LEED Certification; assisting the Owner and the Owner’s consultants with review of substitutions related to LEED Certification; and assisting the Owner and the Owner’s consultants in evaluating information in bids or proposals related to LEED Certification.

§ 2.8.3 LEED Certification Services during Construction. During the Construction Phase, the Architect, as LEED Consulting Architect, is responsible for: assisting the Owner and the Owner’s consultants in reviewing requests by the Contractor for additional information related to LEED Certification; providing advice and recommendations to the Owner and Owner’ consultants regarding supplemental Drawings, Specifications and other information that may be developed by the Owner and the Owner’s consultants in response to requests for information by the Contractor related to LEED Certification; providing advice and recommendations to the Owner and the Owner’s consultants regarding the Contractor’s submittals for the limited purpose of checking for conformance with applicable LEED credit requirements; providing advice and recommendations to the Owner and the Owner’s consultants regarding changes in the Work-related to LEED Certification; and notifying the Owner of changes that may materially affect the LEED Certification of the Project.

§ 2.9 Project Completion

§ 2.9.1 This section has been added to clarify that the term “Substantial Completion” is used as defined in A201™–2007. This is an important distinction. Substantial Completion is defined as the stage in the progress of the Work when the Work may be occupied or utilized for its intended purpose. This does not mean that Substantial Completion occurs when LEED Certification is granted. Typically, a Project may be occupied and used for its intended purpose while the Owner awaits the award of LEED Certification.

§ 2.9.2 Section 2.9.2 has been added so that the parties may insert an outer time limit on the services of the Architect. It could be one or more years after Substantial Completion of the Project before the Project is awarded LEED Certification. Services performed after the limitation provided in Section 2.9.2 are compensated as Additional Services.

Article 3 – Additional Services

§ 3.1 and § 3.1 Because of the different scopes of services for the Prime Architect and the LEED Consulting Architect, Sections 3.1 and 3.2 are slightly different. Section 3.1 applies to the Prime Architect and includes a provision for placing a limitation on-site visits. Section 3.2 applies to the LEED Consulting Architect and does not include a provision to establish such a limitation, because site visits are not part of the LEED Consulting Architect’s scope of services.

Article 4 – Owner’s Responsibilities

§ 4.2 LEED Projects may require additional information about the Project site or existing construction. An obligation has been added for the Owner to provide additional relevant and necessary information upon the Architect’s request.

§ 4.6 Because the USGBC and GBCI may place requirements specifically on the Owner in addition to those related to the design and construction of the Project, such as the requirement to provide utility bills, language has been added stating that the Owner will comply with the requirements of the USGBC and GBCI before and after construction.

§ 4.7 Language has been included obligating the Owner to pursue any appeals or other actions with the USGBC or GBCI necessitated by the revocation or reduction of an awarded LEED Certification.

§ 4.8 Commissioning is an important aspect of sustainable design and construction. B214–2012 assumes that the Owner will provide a commissioning agent for the Project unless the Owner and Architect agree otherwise.

§ 4.9 The Owner has a duty to notify the Architect of any proposed changes to the Project which may affect the LEED Certification Plan. This provision ensures that the Architect performing services under B214–2012 is aware of changes and is able to adjust the LEED Certification Plan as required by Section 2.5.2.

Article 5 – Compensation

§ 5.4 Because of the potentially significant costs involved in registering a Project for LEED Certification, this new provision allows for an initial payment from the Owner for registration fees, and other fees, payable to GBCI and necessary to achieve LEED Certification. The initial payment should be based on an estimate of the potential cost of registration and will be credited to the Owner’s account at the time the expense is incurred.

Article 6 – Miscellaneous Provisions

§ 6.2 A new section has been included, making clear that the Architect does not guarantee or warrant that the Project will be granted LEED Certification. This language reinforces the notion that the success of a sustainable project is dependent on the work of all participants and cannot be guaranteed by any one party. This language is not intended to absolve the Architect of responsibility for its own negligence.

§ 6.3 Section 6.3 has been added to clarify that, in addition to any other waiver of consequential damages in the Owner-Architect Agreement, claims for damages arising from unachieved energy savings, unintended operational expenses, lost financial or tax incentives, or unachieved gains in worker productivity, are considered consequential and waived by the parties.

§ 6.4 For projects in which a LEED Certification is sought, the Owner may be required to submit certain of the Architect’s Instruments of Service to the USGBC or GBCI in order to comply with the documentation requirements. This section has been added to provide the Owner with a license to transmit the Architect’s Instruments of Service to the USGBC or GBCI and to allow the USGBC or GBCI to publish the Architect’s Instruments of Service in accordance with their policies and agreements.

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