The Boston Society of Architects Access Committee

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	Resources: Sample Contract Documents Go to Publications Go to Common Accessibility Errors and Ommissions Go to Organizations for Technical Assistance Go to Sample Contract Documents Go to Accessibility Consultants Go to Committee Members' Favorite Resources Contract Language for Use by Design Firms Provided by Joseph Geller, Geller DeVellis, Inc. The following clauses have been developed by our office and our insurance company XL Design Professionals Insurance for use in proposals and contracts. They are presented here as samples for your review, and are not intended to be utilized without consultation with an attorney or your insurance carrier for form and applicability. MAAB and ADA COMPLIANCE FOR NEW CONSTRUCTION GDI VERSION The Americans with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MAAB) regulations provide that it is a violation of these regulations to design and construct a facility that does not meet the accessibility and usability requirements of the ADA and MAAB unless it can demonstrate that it is structurally impractical to meet the requirements. The Client understands that the requirements of ADA and MAAB will be subject to various and possibly contradictory interpretations. The Consultant therefore will use its reasonable professional efforts and judgment to interpret applicable ADA and MAAB requirements and other State local and federal regulations as they apply to the project. The Consultant however can not and does not warrant or guarantee that the Client’s project will comply with all interpretations of ADA and AAB requirements and/or requirements of other federal, state, and local laws, rules, codes, ordinances and regulations as they apply to this project. ADA COMPLIANCE RENOVATION XL DESIGN PROFESSIONALS VERSION The Americans with Disabilities Act (ADA) provides that alterations to a facility must be made in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to persons with disabilities. The Client acknowledges that the requirement of the ADA will be subject to various and possibly contradictory interpretations. The Consultant, therefore, will use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. The Consultant, however, cannot and does not warrant or guarantee that the Client's Project will comply with all interpretations of the ADA requirements and/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. ADA COMPLIANCE NEW CONSTRUCTION XL DESIGN PROFESSIONALS VERSION The Americans with Disabilities Act (ADA) provides that it is a violation of the ADA to design and construct a facility that does not meet the accessibility and usability requirements of the ADA unless it can be demonstrated that it is structurally impractical to meet such requirements. The Client understands that the requirements of the ADA will be subject to various and possibly contradictory interpretations. The Consultant, therefore, will use its reasonable professional efforts and judgment to interpret applicable ADA requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. The Consultant, however, cannot and does not warrant or guarantee that the Client's Project will comply with all interpretations of ADA requirements and/or requirements of other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. ADA COMPLIANCE MORE CLIENT RESPONSIBILITY XL DESIGN PROFESSIONALS VERSION It is recognized that the Client faces certain obligations under the Americans with Disabilities Act (ADA) that could affect the design of the Project. It is further recognized that the ADA is federal civil rights legislation that is not part of, or necessarily compatible with, state or local law, codes, and regulations governing construction. Consequently, the Consultant will be unable to make recommendations or professional determinations that will ensure compliance with the ADA or guarantee that the design will conform to the ADA standard of "reason-able accommodation." The Consultant strongly advises the Client to obtain appropriate legal and financial counsel with respect to compliance with the ADA. The Consultant will endeavor to design for accessibility by persons with disabilities in conformance with applicable provisions and references in applicable state or local building codes. The Consultant further agrees to include in the design such provisions for persons with disabilities as the Client may request in response to the ADA, provided such requests are timely made, technically achievable and in conformance with all other pertinent codes and regulations. The Client will determine the full extent of its obligations under the ADA. The Client shall communicate design requests regarding compliance with the ADA to the Consultant in writing and in a timely manner to allow for incorporation into the construction documents. SAMPLE SPECIFICATIONS LANGUAGE FOR PAVING AND WALKWAYS It is essential that Contractors are aware of the MAAB requirements for inspection of pavement and walkways. The regulations do not point out what method will be used to determine compliance, specifically that the grade will be measured at two foot intervals with a tool called a Smart Level. GDI has developed the following specifications language to assure that Contractor’s are aware of the requirement at the point in time when they are bidding the project. In addition we have made a point in this specification section as well as in our drawings to provide maximum slopes that are less than what is allowed by the ADA and MAAB. This provides for construction tolerances that the ADA and MAAB do not provide for in the regulations. If these grades are not achievable, the specification requires that the contractor contact the designer before they move forward with the work. 1.06 ADA AND MAAB COMPLIANCE Special Attention is to be given to compliance with the American with Disabilities Act (ADA) and the requirements of the Massachusetts Architectural Access Board (MAAB). 1. Slopes: All walkways as defined by section 22.1 of 521 CMR shall be graded to a maximum of 4.5%. The cross-pitch (perpendicular to travel) for all walkways and paths shall be constructed at 1.5%. The slopes of all ramps and side slopes on handicap curb cuts as defined by section 21.1 of 521 CMR shall be constructed at 7% maximum. Ramps as defined in Section 24.1 of 521 CMR shall be constructed to a maximum slope of 7%. 2. The Contractor is to assume that all sidewalk grades shall be verified/ checked with a 2-foot long electronic ‘smart level’. 3. A 5’-0” minimum level (1.5% pitch) area shall be provided at all entrances to buildings. Puddling of water at the entrances will not be allowed. 4. The above requirements shall supersede the grades shown on the plans. If these requirements cannot be met with the grades shown on the plans, the Architect shall be notified immediately for direction.	Massachusetts Best of Accessible Design Awards, sponsored by the Massachusetts Architectural Access Board (description)

	BSA Access Committee 52 Broad Street, Boston MA 02109 617-951-1433x221 E-mail the committee (access@architects.org) BSA Access Committee Website (http://www.architects.org/access)