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B101 Flashcards

1
Q

B101

A

Standard form of agreement between owner and architect

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2
Q

Consultants relationship to B101

A

The consultants of the Architect shall require each such consultant to be bound to the Owner by terms of this Agreement and the Contract Documents, and to assume toward the Owner all the obligations and responsibilities which the Architect assumes toward the Owner.

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3
Q

What are the types of insurance that an architect may have? B101

A

General Liability
Automobile Liability
Worker’s Compensation
Professional Liability

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4
Q

Architect coordination of services. B101

A

The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner and the Owner’s consultants.

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5
Q

schedule for the performance of the Architect’s services B101

A
  1. As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services.
  2. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work
  3. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the
    Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project
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6
Q

During Schematic Design Phase Services the architect: B101

A
  1. The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services.
  2. The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of
    the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of(a) any inconsistencies discovered in the information, and (b) other information or consulting services that may be reasonably needed for the Project.
  3. The Architect shall prepare and present for the
    Owner’s approval a preliminary design illustrating the scale and relationship of the Project components.
  4. The Architect shall submit to the Owner an estimate of the Cost of the Work.
  5. Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design
    Documents for the Owner’s approval.
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7
Q

The Schematic Design Documents shall consist of: B101

A

drawings and other documents, a site plan, if appropriate, and preliminary building plans sections and elevations;and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing.

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8
Q

Schematic design and environmental issues B101

A
  1. The Architect shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches.
  2. The Architect shall consider environmentally responsible design alternatives such as material choices and building orientation.
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9
Q

Design Development Documents are based on? B101

A
  1. the Owner’s approval of the Schematic Design Documents

2. the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work

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10
Q

Design Development Documents consist of: B101

A

drawings and other documents
including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels.

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11
Q

During Design Development the Architect performs what services? B101

A
  1. Prepare Design Development Documents

2. Update the estimate of the Cost of the work.

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12
Q

Construction Documents Phase Services are based on? B101

A
  1. the Owner’s approval of the Design Development Documents

2. the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work

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13
Q

The Construction Documents consist of? B101

A

shall consist of Drawings and Specifications setting

forth in detail the quality levels of materials and systems and other requirements for the construction of the Work.

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14
Q

During the development of the Construction Documents, the Architect shall assist The Owner in the development and preparation of: B101

A

(1) bidding and procurement information that describes the time, place and conditions of bidding,
including bidding or proposal forms;
(2) the form of agreement between the Owner and Contractor; and
(3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions).
(4) The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms.

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15
Q

During CDs the architect does what in regard to estimates? B101

A

Updates the estimate for the cost of the work

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16
Q

During the Bidding or Negotiating Phase the Architect assists the owner in? B101

A

establishing a list of prospective contractors.
(1) obtaining either competitive bids or negotiated
proposals;
(2) confirming responsiveness of bids or proposals;
(3) determining the successful bid or proposal, if any; and,
(4) awarding and preparing contracts for construction.

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17
Q

Bidding Documents shall consist of? B101

A

bidding requirements and proposed Contract Documents

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18
Q

The Architect shall assist the Owner in bidding the Project by B101

A

.1 procuring the reproduction of Bidding Documents for distribution to prospective bidders;
.2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the”bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders;
.3 organizing and conducting a pre-bid conference for prospective bidders; .
.4 preparing”responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and
.5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the
bidding results, as directed by the Owner.

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19
Q

Substitutions during bidding phase: B101

A

he Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall
prepare and distribute addenda identifying approved substitutions to all prospective bidders.

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20
Q

Proposal Documents shall consist of: B101

A

proposal requirements and proposed Contract Documents

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21
Q

The Architect shall assist the Owner in obtaining proposals by: B101

A

.1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and , requesting their return upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors; and
.3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner.

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22
Q

Substitutions in regards to proposals: B101

A

The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.

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23
Q

When are proposals and proposal documents used? B101

A

They are part of the Bidding or Negotiating phase. The proposals are “Negotiated proposals” and the architect must provide either assistance in bidding or in Negotiating but not both.

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24
Q

General Construction Phase Services of the Architect B101

A
  1. The Architect shall provide administration of the Contract between the Owner and the Contractor
  2. The Architect shall advise and consult with the Owner during the Construction Phase Services.
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25
Q

During Construction phase the architect does not have the right to? B101

A

The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The
Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work.

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26
Q

The Architect’s responsibility to provide Construction Phase Services commences and terminates when? B101

A

commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment.

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27
Q

Architects evaluations of the Work during construction phase services: B101

A

The Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.

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28
Q

On the basis of site visits during the construction phase services the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed and report to the Owner: B101

A

(1) known deviations from the Contract Documents and from the most recent instruction schedule submitted by the Contractor, and
(2) defects and deficiencies observed in the Work.

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29
Q

Who can reject work and why? B101

A

The Architect has the authority to reject Work that does not conform to the Contract Documents

30
Q

Architect’s authority to require inspection or testing of the Work. B101

A

Architect shall have the authority to require inspection or testing of the
Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed.

31
Q

When does the Architect have final decision? B101

A

The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.

32
Q

Initial Decision Maker B101

A

Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker the Architect shall render initial decisions on Claims between the Owner and Contractor

33
Q

The Architect’s certification for payment shall constitute a representation to the Owner that….. B101

A

based on the Architect’s evaluation of the Work and on the data comprising the Contractor’s Application
for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents.

34
Q

When the Architect prepares a certificate for payment it represents that the work has progresses as indicated and the quality follows the contract documents but that is still subject to the following: B101

A

(1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial
Completion,
(2) to results of subsequent tests and inspections,
(3) to correction of minor deviations from the Contract
Documents prior to completion, and
(4) to specific qualifications expressed by the Architect.

35
Q

The issuance of a Certificate for Payment shall not be a representation that the Architect has B101

A

1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work,
(2) reviewed construction means, methods, techniques, sequences or procedures,
(3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or
(4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum.

36
Q

The Architect’s approval of Submittals. B101

A
  1. The Architect shall review the Contractor’s submittal schedule
  2. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review.
37
Q

What are the different type of submittals? B101

A

Shop Drawings, Product Data and Samples

38
Q

Architect shall review and approve or take other appropriate action upon the Contractor’s submittals
for the limited purpose of? B101

A

checking for conformance with information given and the design concept expressed in the
Contract Documents.

39
Q

Review of Submittals is NOT for: B101

A
  1. not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility.
  2. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures.
  3. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component.
40
Q

A contractors Request For Information from the architect shall include at a minimum: B101

A

A detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested.

41
Q

Minor changes in work B101

A

The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.

42
Q

Inspections by Architect B101

A
  1. The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion
  2. The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected.
43
Q

At time of substantial completion Architect does what in regards to owners payments. B101

A

When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for fmal completion or correction of the Work.

44
Q

The Architect should forward on to the owner these items at the time of Substantial Completion B101

A

(1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment;
2) affidavits, receipts releases and waivers of liens or bond indemnifying the Owner against liens; and
(3) any other documentation required of the Contractor under the Contract Documents.

45
Q

review of the facility operations and performance by Architect. B101

A

Upon the request of the Owner, and prior to the expiration of one year from the date of Substantial Completion the Architect shall, without additional compensation conduct a meeting with the Owner to review the facility operations and performance.

46
Q

Potential additional services of the Architect that would require additional compensation. B101

A
  1. Programming
  2. Multiple preliminary designs
  3. Measured Drawings
  4. Existing facilities surveys
  5. Site Evaluation and Planning
  6. Building Information Modeling
  7. Civil Engineering
  8. Landscape design
  9. Architectural Interior Design
  10. Value Analysis
  11. Detailed Cost Estimating
  12. On-Site Project Representation
  13. Conformed Construction Documents
  14. As-Designed Record Drawings
  15. As-Constructed Record Drawings
  16. Post Occupancy Evaluation
  17. Facility Support Services
  18. Tenant-Related Services
  19. Coordination of Owner’s Consultants
  20. Telecommunications / Data Design
  21. Security Evaluation and Planning
  22. Commissioning
  23. Extensive environmentally Responsible Design
  24. LEED Certification
  25. Fast-Track Design Services
  26. Historic Preservation
  27. Furniture, Furnishings, and Equipment Design
47
Q

The owner shall furnish: B101

A
  1. A written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements.
  2. The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site.
  3. The Owner shall furnish services of geotechnical engineers
48
Q

Owners Consultants B101

A

The Owner shall coordinate the services of its own consultants with those services provided by the Architect.

49
Q

Owner and tests and Inspections B101

A

he Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials.

50
Q

Owner’s communication with the Contractor and Architect’s Consultants B101

A

Except as otherwise provided in this Agreement, or when direct communications have been specially authorized,
the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services

51
Q

Cost of the Work B101

A

he total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-ofway, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner.

52
Q

Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect B101

A

represent the Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions.

53
Q

Architect’s estimate of the Cost of the Work B101

A

shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service

54
Q

If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the
Work B101

A

the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget
for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments.

55
Q

If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: B101

A

.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
.4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the
Cost of the Work: or
.5 implement any other mutually acceptable alternative.

56
Q

If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal and decides to revise the Project program, scope, or quality as required to reduce the Cost of the Work the architect must: B101

A

the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services

57
Q

Instruments of Service B101

A

The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective
Instruments of Service

58
Q

How can the Instruments of Service be used? B101

A

1, By the owner and solely and exclusively for purposes of constructing, using, maintaining, altering and adding to
the Project
2. this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project.

59
Q

Claims and Disputes should be handled how? B101

A
  1. The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement.
  2. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation.
  3. If that does not resolve the problems then it would go to binding Arbitration.
60
Q

How long does the Architect and Owner have to bring claims against the contractor? B101

A

10 years from the date of substantial completion of the Work.

61
Q

Administration of Arbitration B101

A

administered by the American
Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement.

62
Q

How does someone enter into Arbitration? B101

A

A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration.

63
Q

Decision of Arbitrator B101

A

The award rendered by the arbitrators) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

64
Q

When can the Architect Terminate or Suspend their services under the contract B101

A

f the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement

65
Q

If the Architect elects to suspend services, the Architect shall B101

A

give seven

days’ written notice to the Owner before suspending services

66
Q

If the Owner suspends the Project B101

A

the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.

67
Q

If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the ‘
Architect B101

A

the Architect may terminate this Agreement by giving not less than seven days’ written notice.

68
Q

Either party may terminate this Agreement upon not less than seven days’ written notice B101

A

should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.

69
Q

The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for… B101

A

the Owner’s convenience and without cause.

70
Q

In the event of termination not the fault of the Architect, the Architect shall be compensated for? B101

A

services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses.

71
Q

Architects Compensation for Reimbursable Expenses B101

A

.1 Transportation and authorized out-of-town travel and subsistence;
.2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets;
.3 Fees paid for securing approval of authorities having jurisdiction over the Project;
.4 Printing, reproductions, plots, standard form documents;
.5 Postage, handling and delivery;
.6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner;
.7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the 0wner;
.8 Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants;
9. All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses; and
.11 Other similar Project-related expenditures.

Eric's cards (5 decks)

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