B101

Question 1

B101

Answer 1

Standard form of agreement between owner and architect

Question 2

Consultants relationship to B101

Answer 2

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.

Question 3

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

Answer 3

General Liability
Automobile Liability
Worker’s Compensation
Professional Liability

Question 4

Architect coordination of services. B101

Answer 4

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.

Question 5

schedule for the performance of the Architect’s services B101

Answer 5

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

Question 6

During Schematic Design Phase Services the architect: B101

Answer 6

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.

Question 7

The Schematic Design Documents shall consist of: B101

Answer 7

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.

Question 8

Schematic design and environmental issues B101

Answer 8

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.

Question 9

Design Development Documents are based on? B101

Answer 9

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

Question 10

Design Development Documents consist of: B101

Answer 10

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.

Question 11

During Design Development the Architect performs what services? B101

Answer 11

1. Prepare Design Development Documents

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

Question 12

Construction Documents Phase Services are based on? B101

Answer 12

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

Question 13

The Construction Documents consist of? B101

Answer 13

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.

Question 14

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

Answer 14

(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.

Question 15

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

Answer 15

Updates the estimate for the cost of the work

Question 16

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

Answer 16

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.

Question 17

Bidding Documents shall consist of? B101

Answer 17

bidding requirements and proposed Contract Documents

Question 18

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

Answer 18

.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.

Question 19

Substitutions during bidding phase: B101

Answer 19

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.

Question 20

Proposal Documents shall consist of: B101

Answer 20

proposal requirements and proposed Contract Documents

Question 21

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

Answer 21

.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.

Question 22

Substitutions in regards to proposals: B101

Answer 22

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.

Question 23

When are proposals and proposal documents used? B101

Answer 23

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.

Question 24

General Construction Phase Services of the Architect B101

Answer 24

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.

Question 25

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

Answer 25

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.

Question 26

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

Answer 26

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

Question 27

Architects evaluations of the Work during construction phase services: B101

Answer 27

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.

Question 28

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

Answer 28

(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.

Question 29

Who can reject work and why? B101

Answer 29

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

Question 30

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

Answer 30

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.

Question 31

When does the Architect have final decision? B101

Answer 31

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

Question 32

Initial Decision Maker B101

Answer 32

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

Question 33

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

Answer 33

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.

Question 34

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

Answer 34

(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.

Question 35

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

Answer 35

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.

Question 36

The Architect's approval of Submittals. B101

Answer 36

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.

Question 37

What are the different type of submittals? B101

Answer 37

Shop Drawings, Product Data and Samples

Question 38

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

Answer 38

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

Question 39

Review of Submittals is NOT for: B101

Answer 39

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.

Question 40

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

Answer 40

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

Question 41

Minor changes in work B101

Answer 41

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.

Question 42

Inspections by Architect B101

Answer 42

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.

Question 43

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

Answer 43

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.

Question 44

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

Answer 44

(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.

Question 45

review of the facility operations and performance by Architect. B101

Answer 45

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.

Question 46

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

Answer 46

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

Question 47

The owner shall furnish: B101

Answer 47

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

Question 48

Owners Consultants B101

Answer 48

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

Question 49

Owner and tests and Inspections B101

Answer 49

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.

Question 50

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

Answer 50

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

Question 51

Cost of the Work B101

Answer 51

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.

Question 52

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

Answer 52

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.

Question 53

Architect's estimate of the Cost of the Work B101

Answer 53

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

Question 54

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

Answer 54

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.

Question 55

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

Answer 55

.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.

Question 56

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

Answer 56

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

Question 57

Instruments of Service B101

Answer 57

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

Question 58

How can the Instruments of Service be used? B101

Answer 58

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.

Question 59

Claims and Disputes should be handled how? B101

Answer 59

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.

Question 60

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

Answer 60

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

Question 61

Administration of Arbitration B101

Answer 61

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

Question 62

How does someone enter into Arbitration? B101

Answer 62

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.

Question 63

Decision of Arbitrator B101

Answer 63

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.

Question 64

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

Answer 64

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

Question 65

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

Answer 65

give seven | days' written notice to the Owner before suspending services

Question 66

If the Owner suspends the Project B101

Answer 66

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.

Question 67

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

Answer 67

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

Question 68

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

Answer 68

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.

Question 69

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

Answer 69

the Owner's convenience and without cause.

Question 70

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

Answer 70

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

Question 71

Architects Compensation for Reimbursable Expenses B101

Answer 71

.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.