B101 Flashcards
B101
O/A agreement
B101 divides architectural services into two groups
basic
additional
B102 separates for the specialist
agreement _ B102
services _ B201
Standard of Care
service consistent w/ level of skill and care ordinarily provides under similar circumstances
basic conversation req’d with O @ SD phase
sustainable design
Note: additional services = additional $
Instruments of Service
- no liability if drawings are used out of contract
- O pays licensing fee for continued use
B 103 _ O/A for Large/Complex Projects
- no cost estimate
b/c assumes 3rd party estimator for $ + schedule - b/c fast track / phased / accelerated schedule
- A agrees to design to budget @ conclusion of DD phase
B 104 _ O/A Limited Scope
- abbreviated version
- 3 phases _ Design, CD’s, C
- w/ A 107 _ SFA O/C for project w limited scope
B 105 _ Residential / Small Commercial
- brief duration
- 2 pg doc
- w/ A105 O/C
- O provides cost estimating through C
- A retains ownership of Instruments of Service
min. Insurance required of A
- general liability
- automobile
- workers comp
- professional liability
consultant services included in Basic Services
- structural
- mechanical
- electrical
A is entitled to rely on
information from O & O’s consultants
A submits schedule to O for
approval of A’s services
A’s schedule will include
anticipated dates of construction
Note: times are not binding but assumptions.
A’s schedule informs O
O’s decisions are needed in a timely manner to keep schedule
A’s schedule may extend
w/ O’s approval
responsibility of filing docs w authorities
O w/ assistance of A
Preliminary Design services
- review program / O info / regulations
- prepare prelim eval of schedule / budget / site / delivery method
- notify owner of inconstancies
and consulting services for the project - prepare prelim design for O’s approval
Multiple Prime Contracts
- 1 / + Constructors employed under separate contracts
- Work either in a sequence or coincidentally
before advancing to next stage or design A must
get approval of O
Fast track projects will often reference these documents as part of contract docs
DD
Addenda
before signing contract, during bidding
A’s construction phase services
award of contract for construction
through
issue of final certificate for payment
Inspection
more detailed evaluation than site visit
Punch list: prepared by
prepared by C, supplemented by A
Retainage for work performed is released @
substantial completion
Within 1 yr from substantial completion, A/O meet to review:
A / O meet to review facility operations / performance
w/o additional compensation
Note: may lead to post-occupancy services
Additional services section of contract needs to be completed before
agreement is exectued
List of additional services
Programming Multiple Preliminary Designs Measured Drawings Existing facilities surveys Site Eval + Planning (B203) BIM Civil Engineering Landscape Design Architectural Interior Design (B252) Value Analysis Detailed cost estimating On-site project represtentaion Conformed construction docs As-designed record drawings As-constructed record drawings Post occupancy eval Facility Support services (B210) Tenant related services Coordination of O's consultants Telecommunications / data design Security evaluation and planning (B206) Commissioning (B211) Extensive environmentally responsible design LEED certification B214 Fast-track design services Historic Preservation (B205) FFE (Fixture, Furnishings + Equipement) Design B253 Other
FFE
Fixture, Furnishings + Equipment
When providing an additional service, this should be attached to the agreement
description of additional service
Along the way, additional services may be necessary, requiring
O’s signature
List of additional services after agreement
Changes to docs per revisions of codes
Decisions of O not rendered in timely manner
Prep of digital documentation
Prep, & attendance at public presentation, meeting or hearing
Attendance @ legal preceeding, except where A is party thereto
Eval of qualifications of bidders
Consultation concerning replacement of Work resulting for fire/other cause during construction
Assistance to IDM, if other than A
Protocol when Additional services are required during construction phase
- A to provide service as to avoid delay
- notify O promptly
- O can give written notice for A to stop, and no further obligation to pay A
many Change Orders include preparation outside of the A’s controle, =
additional fee’s
Examples of change orders out of A’s control
- review C’s submittal out of sequence
- C’s RFI’s for information outside of CD’s
- providing construction phase services 60 days after Substantial Completion or anticipated date of SC per Initial Info, whichever is earlier
Additional Service: A’s providing construction phase services __ days after _______ or _______, whichever is earlier.
60 days after Substantial Completion or anticipated date of SC per Initial Info, whichever is earlier
Contract limits #’s of these construction phase services, and sets a time limit for these to occur
- reviews of shops
- site visits
- inspections
- written program (req’s and limits)
- periodically update project budget
- provide survey of site
- geotechnical engineers, w/ written reports & recommendations
- test of site req’d by law
- legal, insurance, and accounting services
O’s responsibilities
O has __ days after written notice by A to provide info for lien to secure A’s payment
15 days
O shall not communicate directly with C without
A’s advice
before executing contract for construction, O must
coordinate duties of A with O / A agreement
O must provide A access to site before work,
and obligate C to allow A anytime
Cost of Work does not include
- compensation of A
- cost of land
- rights of way
- financing
if the cost of Works exceeds O’s budget
A is obligated to redesign @ no cost
These elements are included in the cost of work to provide fair compensation for A
donated / volunteer elements
calculated @ market rate
(owner furnished items)
A prepares these to isolate elements which may exceed owners budget
Alternates / Over base bids
___ days from submittal of CD’s to O
for bidding or negotiation to commence or ____
90 days, or O’s budget must be adjusted
if A’s estimate exceeds O’s budget
A must make recommendation to O
if O’s budget is exceeded by lowest bid, O shall
- written approval of increase in budget
- authorize rebidding w/in reasonable time
- terminate
- revise w/ A
- mutually acceptable alt
O not to transfere license to IS w/o
written consent of A
O may not hold A liable after
10 yrs from substantial completion
“discovery rule”
legal time begins @ time injury reasonably should have been discovered
Note: this is trumped by the contract agreement to 10 yrs from substantial completion
O / A waive rights against each other, and others contractually linked to work, to the extent that
damages are covered by property insurance
waivers of Subrogation prevent
insurance company from suing any principal participant for what IC has paid to another principal participant
benefit of the waiver of subrogation
- only 1 property insurance req’d to cover all parties
- saves time / $
- promotes harmony
O / A waive consequential damages, ex.
- indirect damages
- loss of reputation / business profits
Benefit: removes source of inflated claims
If waive of Consequential damages is deleted
a limitation of liability provision should be added
Mediation is required
prior to binding dispute resolution
Mediation may be requested concurrently w/
request for binding resolution, but mediation must come first
mediation fees
are shared between O / A
when a mediation agreement is reached
decision becomes binding, but mediator cannot impose settlement
if mediation fails,contract can document which step is next. O / A can agree on next step in advance
arbitration
litigations
other
default step after mediation is
litigation,
but parties may agree on a lesser as req’d
‘Joinder’
bringing several claims against the same party together
note: this is allowed
A has right to suspend contract if
- non payment by owner ( = substantial non performance)
- A may provide written notice, then + 7 days, may suspend work
- A has no liability for delay or damage to O
A may terminate project after ____ days written notice if
7 days written notice if O suspends project for more than 90 days
if O terminates for convenience
- A entitled to termination expenses
- O’s use of docs will terminate
unless additional licensing fee is paid
Termination expenses
- costs of terminating consultants
- reducing staff / leased space
- profit on work Not performed
O must submit consents / certificates to A __ days before they are due
14 days
A has right to access property for ___.
photo promotion
Contract included listed amount, or basis for compensation for
- basic services
- additional services
- consultants, their invoice + ___ % A profit
- listed hourly rates for employees / consultants
Stipulated sum / % cost of work shall include in the contract
% breakdown for project phases
Compensation for reimbursables
in addition to basic and additional services:
- transportation & subsistance
- dedicated data / communication services
- authority fees
- printing
- postage
- overtime, if authorized in advance
- renderings / models
- additional insurance req’ts made by O
- taxes on professional services and reimbursables
- site office expenses
Note: % profit added to reimbursables
licensing fee to be documented
in contract
initial payment to A is due
@ execution of agreement
payments are scheduled
monthly
amounts unpaid
accrue a % interest after a noted number of days
O shall not withhold $ from A to
impose penalty or to offset changes in the work
O / A agreement is comprised of
B 101 _ Standard Agreement
E 201 _ Digital Data Protocol Exhibit
B 101 Exhibit A includes
Initial Information
1) Project Information
2) Project Team
initial Project Information includes
- O’s program
- physical characteristics
- budget
- scheduling info
- procurement / delivery info
initial Project Team
- O (important to select 1 point of responsibility)
- parties in addition to O
- A / A’s representative (1)
- A’s Consultants
- Document conflicts of interest
