Synopsis
B101 is a one-part standard form of agreement between Owner and Architect for building design and construction contract administration. Services are divided traditionally into basic and additional services. Basic services are performed in 5 phases: Schematic Design ; Design Development ; Construction Documents ; Bidding or Negotiation ; Construction Phase Services. This agreement may be used with a variety of compensation methods, including percentage of construction cost and stipulated sum. B101 is intended to be used in conjunction with A201, General Conditions of the Contract for Construction, which it incorporates by reference.
1 - INITIAL INFORMATION
Details of the project :
- Project site and program
- Owner’s contractors and consultants
- Architect’s consultants
- Owner’s budget for the Cost of the Work
- authorized representatives
- anticipated procurement method
- Owner’s anticipated dates for commencement of construction
- both parties agree this information is subject to change
2 - ARCHITECT’S RESPONSIBILITIES
- perform services with professional skill and care
- perform its services expeditiously
- Architect shall identify a representative
- Architect shall not engage in any activity that would compromise their professional judgment
- Architect shall maintain certain insurance
3.1 - SCOPE OF ARCHITECT’S BASIC SERVICES
- structural , mechanical and electrical engineering services
- Architect may retain outside consultants to provide these services
- Architect must manage their work and consult with Owner
- Architect will coordinate their work with the work of others
- Architect must submit a schedule for their services
3.2 - SCHEMATIC DESIGN PHASE SERVICES
Architect shall:
- prepare a preliminary evaluation of the Owner’s program, schedule, budget, Project site
- explore feasibility of environmentally responsible design
- prepare and present for Owner’s approval a preliminary design
- submit an estimate of the Cost of the Work
3.3 - DESIGN DEVELOPMENT
Based on Owner’s approval of SD, architect shall:
- prepare Design Development Documents for Owner’s approval
- update estimate of the Cost of the Work
3.4 - CONSTRUCTION DOCUMENTS
- prepare Construction Documents for Owner’s approval
- incorporate design requirements to meet code
- assist the Owner with bidding and negotiation
- update estimate of the Cost of the Work
3.5 - BIDDING OR NEGOTIATION
- prepare list of prospective contractors
- assist Owner in obtaining competitive bids or negotiated proposals
- assist Owner in selecting winning bid or proposal
3.6 - CONSTRUCTION PHASE SERVICES
- provide administration of Contract between Owner & Contractor
- not have control over or responsibility for the construction means and methods
- not be responsible for Contractor’s failure to perform
- visit the site at appropriate intervals to observe the work
- have authority to reject Work not confirming to Contract Documents
- render initial decisions on Claims between Owner and Contractor
- render and certify Contractor’s requests for payment
- make timely review of Contractor’s submittals
- issue supplemental drawings and specs in response to Contractor requests for information ( RFI )
- prepare Change Orders
- review Contractor release of liens
4 - ADDITIONAL SERVICES
only for fees and services with Owner’s authorization
5 - OWNER’S RESPONSIBILITIES
Owner shall provide:
- information in a timely manner
- written program
- project budget
- a representative
- surveys and geotechnical reports of site
- tests, inspections and reports required
- prompt written notice to the Architect if the Owner becomes aware of any fault or defect
- access to the site for Architect
6 - COST OF THE WORK
Does not include:
- Architect’s fee
- cost of the land
- cost for financing
If lowest bid exceeds budget, Owner shall:
- approve increase in budget
- authorize rebidding
- terminate
- revise the program, scope or quality to reduce cost
- Architect shall modify Construction Documents as necessary, without additional compensation
7 - COPYRIGHTS AND LICENSES
Architect and his/her consultants keep ownership of the drawings:
- called their “ Instruments of Service “
- grants Owner a nonexclusive license for use
8 - CLAIMS AND DISPUTES
Any claims are :
- open for 10 YRS after the date of SUBSTANTIAL COMPLETION
- to be resolved by mediation
- arbitration is optional
9 - TERMINATION OR SUSPENSION
Contract is terminated if:
- Owner fails to make payments ( substantial nonperformance )
- Owner suspends the Project for more than 90 days
- either party fails substantially to perform
- provided 7 DAYS written notice
10 - MISCELLANEOUS PROVISIONS
Agreement also includes:
- shall be governed by the law at project location
- Architect not responsible for discovery of hazardous materials
- Architect has right to photograph the work for their portfolio
- Both parties will keep confidential information private
11 - COMPENSATION
- Additional Services
- Reimbursable Expenses
- amount of initial payments
- billing cycle
- fee breakdown over phases:
- SD, DD, CD, Bidding or Negotiation, Construction Phase Services
12 - SPECIAL TERMS AND CONDITIONS
any additional terms or conditions should be inserted here
13 - SCOPE OF THE AGREEMENT
This Agreement represents the entire agreement between Owner and Architect:
- amended only by written document signed by both Owner and Architect
