*Proposals & Contracts Flashcards
What is an RFP?
A request for proposal or RFP is a document prepared by the client. It contains the specific information the client seeks from the interested design firm. This can include:
-the full scope of services request
-the project description
-the proposal requirements section
-the due date for the submission
What is a performance bond?
A statement by an insurance company that ensures project completion should the contractor default on its obligations.
What is a labor and material payment bond?
Promises payment to labor and for materials by a defaulting contractor.
What are the four elements a contract must include?
1.) an offer
2.) acceptance
3.) consideration
4.) mutual agreement.
Who are the A series agreements between?
Owner and the Vendor or contractor
What are A series agreements typically used for?
These are typically used for large projects with a fixed payment amount.
These include three basic categories of information: schedule, cost, and the scope of the work
What is A101and why would it be used?
Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum
What is A104?
Standard Abbreviated Form of Agreement Between Owner and Contractor
This contract is used on construction projects of limited scope and complexity when there is a stipulated sum or cost plus.
What is A201?
General Conditions of the Contract for Construction
This contract sets the rights, responsibilities, and relationships of the owner, contractor, and architect. Various design-bid-build agreements incorporate and reference this “umbrella” document.
What is A151?
Standard Form of Agreement Between Owner and Vendor for Furniture, Furnishings, and Equipment
The Vendor sells, delivers, and installs work
This contract is used between owner and vendor for furniture, furnishings and equipment (FF&E) where the basis of payment is a stipulated sum (fixed price) agreed to at the time of contracting.
What is A152?
Purchase Order
This purchase order agreement is intended for situations where a Purchaser will buy goods from a Vendor.
What is A751?
Invitation and Instructions to Vendors for Quotations for Furniture, Furnishings, and Equipment (FF&E)
This contract is used for an invitation to bid for an interiors project.
Who are the B series agreements between?
The owner and architect or designer
Basic services include the scope of work and schedule, cost for the scope of work, and all fees.
What is B101?
Standard Form of Agreement Between Owner and Architect.
(Used with A201 general conditions)
Services listed are divided into basic, supplemental, and additional services. It may be used with a variety of compensation methods, including percentage of the budget for construction cost and stipulated sum.
What is B152?
Standard Form of Agreement Between Owner and Architect for Interior Design and Furniture, Furnishings, and Equipment (FF&E) Design Services,
This contract between owner and architect is used with any sized interior project which includes interior design services including furniture, furnishings and equipment.
What is B252?
Standard Form of Architect’s Services: Interior Design and Furniture, Furnishings, and Equipment (FF&E) Design Services.
This contract is used with any sized interior design project to establish duties and responsibilities when the architect provides architectural interior design services and design services for furniture, furnishings, and equipment.
What is B253?
Standard Form of Architect’s Services: Furniture, Furnishings, and Equipment (FF&E) Design Services
This contract is used with any sized interior design project to establish duties and responsibilities when the architect provides design services for furniture, furnishings, and equipment.
What is B254?
Standard Form of Architect’s Services: Purchasing Agent Services for Furniture, Furnishings, & Equipment
This contract is used in situations where an Architect is expected to assist an Owner in purchasing furniture, furnishings, and equipment (FF&E) and managing FF&E contracts.
For FF&E Procurement, allows A/ID to enter into FF&E sales contracts on the owner’s behalf, and positions A/ID as a legal agent for the owner for purchasing services, instead of as reseller of goods
What are terms and conditions?
identify the rights and responsibilities of parties agreeing. Terms and conditions do not refer to the overall contract but the legal terms. This can include general conditions and special conditions.
define liquidated damages
the moneys paid by contractor to the owner for every day the project is late.
Actual anticipated losses the owner will incur if the project is late. For example, if the owner must pay double to rent since they cannot move.
What is Area Fee and when should it be used?
Area fee: professional fees based on the area method are determined by multiplying the square footage of a project by some fixed rate.
This method is generally used only in commercial construction and then only for project types with which the interior designer has much experience.
Define a percentage of the cost pricing method and when it should be used
A percentage of project costs is appropriate for projects where the interior designer can accurately anticipate the amount of work required and has a good idea of the expected time involved and the project’s cost.
be weary of doing this for new clients though
The project is in a building currently listed for sale. Which type of bond would be most important to prevent the project from interfering with any potential sale of the building?
Labor and Materials Payment Bond
What are liens and what can they do?
Labor and Materials Payment Bond
Define Common carriers
Those who offer services to the public
Define contract carriers
provide service only to certain companies they choose to do business with
Define private carriers
companies who own and operate their own trucks to move their own merchandise
What does FOB mean?
Free on board
Meaning the manufacturer pays for loading the goods onto the truck/train
What does FOB Factory mean?
that the title is transferred at the factory. They buyer pays transportation costs, and the manufacturer is not responsible for loss or damage during shipping.
Title passes to the buyer after the goods are cosigned to the common carrier at the factory
What does FOB destination mean?
the seller is responsible for shipping and recovering any damage or loss during shipping.
What is the intended purpose of an indemnification clause in a contract?
to hold harmless both the owner and interior designer for any damages, claims or losses resulting from the performance of any work on the project, whether by the contractor or others with whom the interior designer has no contractual relationship
Which of the following is more legally binding?
a) schedules
b) all of these
c) specifications
d) drawings
C) Specifications
The courts have held in many past cases that information in the specifications takes precedence over other documents in the case of conflicts. This provision is often written into contracts.