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CSE Prep > Contract Development/ Project Planning > Flashcards

Contract Development/ Project Planning Flashcards

1
Q

Define an Architect as set forth in the Architects Practice Act

A

An Architect is a person who is licensed by the California Architects Board to practice architecture in the State of California under the authority of the Architects Practice Act

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2
Q

What are the two codes that make up the Architects Practice Act

A
  1. Business and Professions Code - Chapter 3, Division 3.
  2. California Code of Regulations - Title 16, Division 2.
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3
Q

How does the Practice of Act define the Architects Practice of Architecture?

A

Offering or preforming, or being in responsible control of professional services which require the skills of an architect in the planning of sites and the design, in whole or in part, of buildings or groups of buildings and structures.
This Appliesto all persons whether licensed or not, whether they are independent consultants, firm principals or employees.

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4
Q

What is the purpose of the California Architects Board and what department is it a subdivision of?

A

Purpose: to regulate the practice of architecture to protect the health, safety and welfare of the public.

The CA Architects Board(CAB) establishes the minimum professional qualifications and preformance standards for admission to and practice of the profession of architecture.

CAB is a division of the Department of Consumer Affairs.

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5
Q

What is in “responsible control” as defined by the Architects Practice Act?

A

Responsible Control means the amount of control over the content of all architectural instruments of service during their preparation that is ordinarily exercised by architects applying the professional standard of care.

An architect cannot stamp and sign documents not produced under his/her responsible control.

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6
Q

Can an architect demostrate responsible control even if a project drawing set is produced outside of his/her office?

A

Yes, as long as the architect is maintaining responsible control, drawings can be produced in another office or in another part of the world.

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7
Q

What are the consequences for practicing without a license or holding one’s self out as an architect?

A

Misdemeanor punishable by a fine of not less than $100 or more than $5000 or by imprisonment in a county dail not exceeding 1 year, or both.

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8
Q

Must a licensed architect stamp and sign documents? Why?

A

Yes. All persons preparing or being in responsible control of plans, specifications and instruments of service for others shall sign those documents and all contracts as well as affix a stamp as evidence of the person’s responsibility for those documents.

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9
Q

Does a licensed architect need to stamp and sign documents for structures unlicensed individuals are allowed to design?

A

Yes. Even though an unlicensed individual can design certain structures, once licensed, an architect must sign and stamp all documents within his/her responsible control.

This requirement applies to all types of projects since it addresses a responsibility imposed on the architect not the project.

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10
Q

What five items are required to be on an architects stamp?

A
  1. Name of Architect
  2. License Number
  3. Renewal date(not expiration date)
  4. State of California
  5. Licensed Architect
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11
Q

Who has the responsibility of verifying a licensed individual has produced project plans and specifications?

A

It is the responsibility of the agency that issues the permit to determine that the person who signed and stamped the plans and specifications or who submitted the signed statement is licensed to prepare the plans and specifications.

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12
Q

What are three liability factors an architect is not responsible for once project documents are signed and stamped?

A
  1. Not responsible for unauthorized hanges to plans, specs, reports or documents as long as approval was note unreasonably withheld.
  2. No legal duty to observe the construction of fixed works.
  3. Construction Observation is periodic observation to determine general compliance with plans, specs, etc. Not to supervise construction operations, site conditions, equipment or site safety.
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13
Q

How does the Architects Handbook of Professional practice define standard of cade?

A

The architect is required to do what a reasonably prudent architect would do in the same community and in the same timeframe, given the s same or similar facts or circumstances.

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14
Q

What does SCANT stand for?

A

S - Services (Description of services to be performed)
C - Compensation (Basis of Compensation
A - Addresses (Name, address, license number of architect & Name and address of client)
N - New Services (Additional services at hourly rate)
T - Termination (Description of procedure for termination of contract)

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15
Q

Under what conditions is a written contract not requried?

A
  1. Professional services rendered when the client will not pay compensation.
  2. Arrangement as to the basis for compensation is similar to provided in the past for the same client.
  3. If the client knowingly states in writing after full disclosure that a contract is not required.
  4. Professional services rendered to a registered professional engineer.
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16
Q

How is the practice of architecture administered and which agency regulates it?

A

The practice of architecture is administered in three ways:
1. Examination
2. Licensing
3. Enforcement

The California Architects Board(CAB) is the regulating agency.

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17
Q

What type of structures can drawings be prepared for by an unlicensed individual?

A
  1. Single family detached dwellings of wood frame construction no more that 2 stories plus basement in height.
  2. Multiple dwelling units(no more than 4) wood frame construction, 2 stories + basement in height.
  3. Garages or similar of wood frame construction, 2 stories + basement in height.
  4. Wood frame agricultural and ranch buildings, unless deemed unsafe by building official.
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18
Q

Name six violations that can result in a license being suspended or revoked?

A
  1. Violation of Architects Practice Act.
  2. Fraud in obtaining a license.
  3. Impersonating an Architect.
  4. Negligence or willful misconduct.
  5. Incompetency or recklessness
  6. Disciplinary action taken by another public agency.
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19
Q

Can Architects for an LLC?

A

No.
According to the Corporations code, a domestic or foreign LLC is not permitted to render Professional services, which means that architects cannot legally form an LLC.

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19
Q

When does a license expire and what are the guidelines for renewal of an expired license?

A

Expire on the last day of the birth month of the license holder in each odd numbered year, following hte issuance or renewal of the license.

Can be renewed anytime within 5 years of expiration. A license which is not renewed within 5 years after its expiration may not be renewed, restored or reissued.

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20
Q

According to the CA code of Regulations, how must the term “ Architect” be used?

A

It is unlawful for any person to used a business name that includes as part of its title or description of services the term “Architect”, “architecture” or “architectural”, or any abbreviations or confusingly similar variations thereof, unless that person is a business entity where an architect is owner, employee, or in management control of the professional services being provided.

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21
Q

What stipulations are placed on a person who uses the term “Architect” in their business name?

A

If a person uses a business name that includes as part of its title or description of services the term “ architect”, or any abbreviations or confusingly similar variations thereof, all professional services offered and provided by that person are to be offered and provided by or under the responsible control of an architect.

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22
Q

Name three situations that would be considered a conflict of interest to an architect?

A
  1. an architect shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed to and agreed by all parties.
  2. An architect shall not solicit or accept monetary compensation for specifying materials or products.
  3. An architect shall endeavor to secure faithful performance for all parties to the construction contract and shall not show partiality to any party.
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23
Q

What methods are available for Architects to limit their exposure to professional liability?

A
  1. Efficient in-house organization and communication
  2. Select projects carefully & work within the firm’s capability
  3. Carry the necessary types & amounts of insurance
  4. Utilize a written contract
  5. Documentation and approvals of key decisions.
  6. Provide contract administration services.
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24
Q

According to the Architects Practice Act, how are architects who preform voluntary building inspection at the site of an emergency protected from liability exposure?

A

Architects who preform voluntary building inspection at the site of an emergency at the request of a local official shall not be liable in negligence for any damage caused by good faith but negligent inspection (only within 30 days of emergency).

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25
Q

Describe the five types of insurance coverage a firm owner should carry.

A
  1. Professional Liability(errors and omissions - protects against damages
  2. General liability - protects against damages from an architects office operations on a job site.
  3. Workers Compensation - protection for work related injuries.
  4. Auto - comprehensive liability policy.
  5. Property - protection from fire, theft, loss, etc.
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26
Q

Which type of insurance is required by the state of CA?

A

Auto and workers compensation.

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27
Q

What measures can be taken to cross check documents for qualify assurance?

A
  1. In-house team meetings with entire project team including consultants and owner.
  2. Use of checklists.
  3. Obtain written sign off/approvals by the owner at the end of each phase.
  4. Develop library of details.
  5. Third party peer review (Senior staff not involved in the project may review).
  6. Procedures for coordinating with consultants.
28
Q

Name 5 different types of firm structures?

A
  1. Sole Proprietor - owned & run by one individual, no legal distinction between owner and buisness.
  2. Partnership - partners agree to share in job duties as well as profits and losses of a business.
  3. S corporation - allows income and expenses to flow through individual business owner.
  4. C corporation - separation of business and owner.
  5. Joint venture - business agreement in which parties agree to work together for a finite time.
29
Q

Which firm structure is the most expensive? Which is the least?

A

Generally speaking, Corporations, both S & C are the most expensive firm sturcures to create and maintain. State of California Franchise Yax Board requires minimum $800 annually for being a corporation, plus accountant fees are higher due to filing corporate tax returns being more labor intensive.

least expensive - Sole proprietor. Most common for sole practitioners.

30
Q

Name fire areas of knowledge essential for a Project Manager?

A
  1. Ability to identify client expectations and preferred method of communication.
  2. Ability to get things done - take on challenges and accomplish objectives.
  3. Ability to take charge and provide guidance and direction for project team.
  4. Ability to manage client relationships.
  5. Ability to carry out the project within the scope of services, schedule and budget.
31
Q

What process should be followed regarding allocation of personnel to project tasks?

A
  1. Establish the specific skills and level of effort needed for the project.
  2. Identify people to work on the project.
  3. Balance the needs of the project with those of the firm and its other projects.
32
Q

Delegating tasks is an important function of a project manager. How can this be accomplished?

A
  1. Identify team member most capable of doing task.
  2. Give that person the responsibility and authority he/she needs.
  3. Establish the level of performance required.
  4. Define the completed activity or results.
  5. Define the suitable completion date.
  6. Agree on the level of effort and time required.
  7. Check progress.
33
Q

Describe the three statges of project operations in relation to coordinating staff, tasks, communications and schedules?

A
  1. Startup- team briefing, project authorization, establish project files, identify key project information (Program, site, codes, schedules, etc.)
  2. Communications - meetings, contact info & date on all correspondence, take notes, use transmittals & fax cover letters.
  3. Closeout - collect project info, finalize billing, archive project files.
34
Q

What are six characteristics of effective team building?

A
  1. Small enough to convene and communicate easily and frequently.
  2. Foster discussions that are interactive and open to all members.
  3. Mutual understanding of members roles and skills.
  4. Specific set of team goals are in place.
  5. Members have a sense of mutual accountability.
  6. Ability to measure progress against specific goals.
35
Q

What Documents are contained within a Business Plan?

A
  1. Mission Statement - Purpose of the comany
  2. Strategic Plan - Achieve goals of the company.
  3. Marketing Stratagy - how to communicate plans and strategies
  4. Cash Flow Projections - monthly, annually, 5 year.
  5. Overhead expenses - fixed, office rent, salaries.
  6. Profit Plan - Monthly, annually, 5 year.
36
Q

What Programs do some firms offer regarding employee training and professional development?

A
  1. IDP - Intern Development Program
  2. AIA continueing education program
  3. Mentoring within the firm
  4. In house programs
  5. Outside seminars
  6. Lunch and Learn
  7. Office site visits
37
Q

What Financial Management principles are more important to Project Management?

A
  1. Utilize computer software- Quickbooks
  2. Accounts payable and receivable
  3. Monthly financial statement
  4. Profit and loss - monthly, annually
  5. Payroll information by employee
  6. Reimbursable expenses tracking
  7. Architectural services tracking
  8. Complete date from past projects to use for future projects
38
Q

Who are the five primary members of a typical project team?

A
  1. Project Manager - coordinates entire team, keeps client informed of progress, produces competent set of instruments
  2. Job Captain - coordinates working drawing set, supervises drafters, reports to project manager.
  3. Draftsman - produces drawings, responsible for specific drawing task, interfaces with job captain
  4. Interior designer
  5. Specifications writer - complies with spec book
39
Q

You are designing a preforming arts center on a sloping site. What four consultants should be brought on board for this project type?

A
  1. Acoustical engineer
  2. Structural engineer

3 - Geotechnical engineer - determine which soils are present for foundation design

  1. Site surveyor - to determine topography elevations and site dimensions.
39
Q

What is the primary role of the Project Manager?

A

The Project Manager serves as the central figure and person in the architecture firm who is responsible for the project?

Their primary role is to communicate both with the project team(including in-house and consultants) as well as the client regarding information on progress of the work, schedule, design and budget issues.

40
Q

An owner has a site with a historical building and gardens located adjacent to the property. Name three consultants who may be needed to evaluate this project?

A
  1. Historic preservation consultant - confirm California Historic building code requirements
  2. Landscape designer
  3. Biologist - to determine if the proposed project would adversely affect the existing gardens and wildlife on the site .
41
Q

What factors should be considered when selecting consultants?

A
  1. Complimentary skills
  2. Experience in project types
  3. Prior relationships
  4. References
  5. Client Preference
  6. Ability to meet schedule/deadlines
42
Q

According to the AIA 201, name three services, other than architectural services that are part of the scope of Architect’s basic services?

A

Structural, Mechanical and electrical engineering are all part of the architects basic services.

43
Q

What responsibilities does a consultant have in relationship with the architect? How is their relationship defined?

A

According to the AIA C401 - Standard form of agreement between the architect and consultant, the consultant shall assume toward the architect all obligations and responsibilities that the architect assumes toward the owner.

The consultant is definedas an independent contractor to the architect.

44
Q

If an Architect hires a team of consultants, does the architect maintain sole professional credit for the project? How are marketing and promotion expenses paid for?

A

No, the architect and consultant agree to share professional credit for the project as well as share costs and expenses incurrec in marketing, promotion, and display of the project if applicable.

45
Q

What are typical responsibilities assumed by the consultant on a project?

A
  1. Consultant to uphold Standard of care
  2. Recommend to the architect investigations, surveys, tests and reports required for the project
  3. Coordinate services with the architect
  4. Provide copies of drawings, reports, specs, etc to the architect & other consultants
  5. Submit a schedule for performance of services for architects approval.
46
Q

Name four types of insurance required for the consultant to maintain, according. to the architect/Consultant agreement?

A
  1. General liability
  2. Automobile Liability
  3. Workers Compensation
  4. Professional Liability
47
Q

Describe the scope of the consultant services?

A
  1. Provide the architect with the same professional services as the architect provides to the owner.
  2. License required in the jurisdiction where the project is located.
  3. Upon request, furnish interpretations of contract documents prepared by the consultant.
  4. Render written recommendations on claims and disputes between the owner and contractor.
  5. Assist Architect in rejecting non-conforming work.
47
Q

What is a consultant NOT responsible for?

A

The consultant shall NOT be responsible for acts or omissions of the architect or others. The Consultant shall provide prompt written notice to the Architect if the consultant becomes aware of any errors, omissions or inconsistencies in the services or information provided to the architect or other consultants.

48
Q

Name four responsibilities of the Architect in regards to consultants?

A
  1. Provide information in a timely manor, including owner’s program.
  2. Designate an authorized representative to act on the Architect’s behalf.
  3. Confer with consultant before issuing interpretations or clarifications of documents prepared by consultant.
  4. Advise consultant of the identity of other consultant participants.
49
Q

What documents must the architect provide to the consultant?

A
  1. Detailed layouts showing location of connections
  2. Tabulations of sizes, loads, etc. on equipment designed or furnished by others
  3. Estimates of Cost of Work submitted to owner
  4. Contract documents, change orders, bidding documents, negotiated proposals, and related documents.
  5. Information from surveys, tests, and reports of other consultants if requested by consultant, architect shall request owner to provide.
50
Q

What does AIA C401 require regarding accuracy of services preformed by the consultant?

A

The architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the consultant. The architect shall provide written notice to the consultant if the architect becomes aware of any errors, omissions or inconsistencies in such services or information.

51
Q

What is the consultants responsibility towards cost of work estimations?

A

After all project requirements have been identified the consultant shall prepare and submit to the architect an estimate of the cost of work for the portion of the project the consultant has responsibility for. The consultant shall update their estimate as required by the prime agreement between architect and owner.

52
Q

What must a consultant do if the estimate for the cost of work exceeds the owner’s budget?

A

If at any time the estimate for the cost of the work exceeds the owners budget, the consultant shall make appropriate recommendations to the architect to adjust the projects size, quality or budget related to the consultants portion.

Additionally, the consultant shall cooperate with the architect and the architects other consultants in redesigning their portion to comply with the budget for the cost of work.

53
Q

Does a consultant maintain copyrights and licenses over their portion of the work?

A

Yes. The consultant grants the architect a license to use the consultant’s instruments of service in the same manner the architect has granted a license to the owner in the prime agreement.

The Architect and Consultant shall not make changes in each others instruments of services without written permission of the other party.

54
Q

What does AIA B102 define

A

AIA B102 is the standard Form of agreement between owner and architect without a predefined scope of architects services

This document provides agreement terms only and does not include scope of the architects services. This must be inserted into article 1 or attached as an exhibit.

B102 also contains provisions for mediation and arbitration of claims and disputes.

55
Q

Which document provides the architect’s scope of services?

A

AIA B201 - Standard for of Architects services - design and construction contract

This is based on the five traditional phases. Schematic design, design developement, construction documents, bidding or negotiation, and construction administration.

56
Q

Is AIA B201 a standalone document?

A

No, it must be inorporated into and owner architect agreement such as the B102

57
Q

What site conditions would a civil engineer be concerned with?

A

Site issues outside teh building footprint. Such as topography, infrastructure, retaining walls.

57
Q

Who is the initial decision maker and what do they do?

A

Is the person identified to render initial decisions on claims and, unless the owner and contractor choose otherwise, is the architect. The architect shall endevor to fairly and impartially try to resolve a dispute.

58
Q

What is the next step if the initial decision maker is unable to settle a conflict between the owner and contractor?

A

If architect is unable, or if doing so would be conflict of interest, the next step is mediation administered by the American arbitration association.

59
Q

Why is it important for the members of the design team to review documents after a third party peer review?

A

Third party peer review(senior staff not involved in the project) is a valuable method for quality assurance because others may be able to identify technical issues that may have been missed during document development.

However, these individuals may not pick up program errors, so its important the project team also cross checks for accuracy.

60
Q

What form of communication should an architect engage in with the owner in order to maintain project momentum?

A

Major decisions should be documented in writing, including meeting minutes or emails sent as follow up to phone calls.

61
Q

What is mediation

A

Mediation is the first line of conlict resolution if parties are unable to resolve it themselves. It is a form of alternative dispute resolution and must take place before arbitration. A neutral third party aims to assist two or more parties in reaching an agreement. Bother parties share the expenses of mediation. Mediation is non-binding.

62
Q

How is arbitration different from mediation?

A

The main difference is Mediation is non-binding and arbitration is binding. mediation comes first.

63
Q

Why is arbitration a preferable method of dispute resolution over litigation?

A

Less expensive and faster. Arbitration is binding like litigation, but is private while litigation decisions are public.

64
Q

What is the benefit of litigation over arbitration?

A

Unlike arbitration, the judge’s decision can be appealed.

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