1
Q
B101
A
O/A agreement
2
Q
B101 divides architectural services into two groups
A
basic
additional
3
Q
B102 separates for the specialist
A
agreement _ B102
services _ B201
4
Q
Standard of Care
A
service consistent w/ level of skill and care ordinarily provides under similar circumstances
5
Q
basic conversation req’d with O @ SD phase
A
sustainable design
Note: additional services = additional $
6
Q
Instruments of Service
A
- no liability if drawings are used out of contract
- O pays licensing fee for continued use
7
Q
B 103 _ O/A for Large/Complex Projects
A
- 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
8
Q
B 104 _ O/A Limited Scope
A
- abbreviated version
- 3 phases _ Design, CD’s, C
- w/ A 107 _ SFA O/C for project w limited scope
9
Q
B 105 _ Residential / Small Commercial
A
- brief duration
- 2 pg doc
- w/ A105 O/C
- O provides cost estimating through C
- A retains ownership of Instruments of Service
10
Q
min. Insurance required of A
A
- general liability
- automobile
- workers comp
- professional liability
11
Q
consultant services included in Basic Services
A
- structural
- mechanical
- electrical
12
Q
A is entitled to rely on
A
information from O & O’s consultants
13
Q
A submits schedule to O for
A
approval of A’s services
14
Q
A’s schedule will include
A
anticipated dates of construction
Note: times are not binding but assumptions.
15
Q
A’s schedule informs O
A
O’s decisions are needed in a timely manner to keep schedule
16
Q
A’s schedule may extend
A
w/ O’s approval
17
Q
responsibility of filing docs w authorities
A
O w/ assistance of A
18
Q
Preliminary Design services
A
- 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
19
Q
Multiple Prime Contracts
A
- 1 / + Constructors employed under separate contracts
- Work either in a sequence or coincidentally
20
Q
before advancing to next stage or design A must
A
get approval of O
21
Q
Fast track projects will often reference these documents as part of contract docs
A
DD
22
Q
Addenda
A
before signing contract, during bidding
23
Q
A’s construction phase services
A
award of contract for construction
through
issue of final certificate for payment
24
Q
Inspection
A
more detailed evaluation than site visit
25
Punch list: prepared by
prepared by C, supplemented by A
26
Retainage for work performed is released @
substantial completion
27
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
28
Additional services section of contract needs to be completed before
agreement is exectued
29
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
```
30
FFE
Fixture, Furnishings + Equipment
31
When providing an additional service, this should be attached to the agreement
description of additional service
32
Along the way, additional services may be necessary, requiring
O's signature
33
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
34
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
35
many Change Orders include preparation outside of the A's controle, =
additional fee's
36
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
37
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
38
Contract limits #'s of these construction phase services, and sets a time limit for these to occur
- reviews of shops
- site visits
- inspections
39
- 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
40
O has __ days after written notice by A to provide info for lien to secure A's payment
15 days
41
O shall not communicate directly with C without
A's advice
42
before executing contract for construction, O must
coordinate duties of A with O / A agreement
43
O must provide A access to site before work,
and obligate C to allow A anytime
44
Cost of Work does not include
- compensation of A
- cost of land
- rights of way
- financing
45
if the cost of Works exceeds O's budget
A is obligated to redesign @ no cost
46
These elements are included in the cost of work to provide fair compensation for A
donated / volunteer elements
calculated @ market rate
(owner furnished items)
47
A prepares these to isolate elements which may exceed owners budget
Alternates / Over base bids
48
___ days from submittal of CD's to O
| for bidding or negotiation to commence or ____
90 days, or O's budget must be adjusted
49
if A's estimate exceeds O's budget
A must make recommendation to O
50
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
51
O not to transfere license to IS w/o
written consent of A
52
O may not hold A liable after
10 yrs from substantial completion
53
"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
54
O / A waive rights against each other, and others contractually linked to work, to the extent that
damages are covered by property insurance
55
waivers of Subrogation prevent
insurance company from suing any principal participant for what IC has paid to another principal participant
56
benefit of the waiver of subrogation
- only 1 property insurance req'd to cover all parties
- saves time / $
- promotes harmony
57
O / A waive consequential damages, ex.
- indirect damages
- loss of reputation / business profits
Benefit: removes source of inflated claims
58
If waive of Consequential damages is deleted
a limitation of liability provision should be added
59
Mediation is required
prior to binding dispute resolution
60
Mediation may be requested concurrently w/
request for binding resolution, but mediation must come first
61
mediation fees
are shared between O / A
62
when a mediation agreement is reached
decision becomes binding, but mediator cannot impose settlement
63
if mediation fails,contract can document which step is next. O / A can agree on next step in advance
arbitration
litigations
other
64
default step after mediation is
litigation,
| but parties may agree on a lesser as req'd
65
'Joinder'
bringing several claims against the same party together
note: this is allowed
66
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
67
A may terminate project after ____ days written notice if
7 days written notice if O suspends project for more than 90 days
68
if O terminates for convenience
- A entitled to termination expenses
- O's use of docs will terminate
unless additional licensing fee is paid
69
Termination expenses
- costs of terminating consultants
- reducing staff / leased space
- profit on work Not performed
70
O must submit consents / certificates to A __ days before they are due
14 days
71
A has right to access property for ___.
photo promotion
72
Contract included listed amount, or basis for compensation for
- basic services
- additional services
- consultants, their invoice + ___ % A profit
- listed hourly rates for employees / consultants
73
Stipulated sum / % cost of work shall include in the contract
% breakdown for project phases
74
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
75
licensing fee to be documented
in contract
76
initial payment to A is due
@ execution of agreement
77
payments are scheduled
monthly
78
amounts unpaid
accrue a % interest after a noted number of days
79
O shall not withhold $ from A to
impose penalty or to offset changes in the work
80
O / A agreement is comprised of
B 101 _ Standard Agreement
| E 201 _ Digital Data Protocol Exhibit
81
B 101 Exhibit A includes
Initial Information
1) Project Information
2) Project Team
82
initial Project Information includes
- O's program
- physical characteristics
- budget
- scheduling info
- procurement / delivery info
83
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
Construction Documents
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Decks in class (9)
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