CDS - Contracts

Question 1

A101-2007

Answer 1

Standard Form of Agreement BetweenOwner and Contractor where the basis ofpayment is a Stipulated Sum

Question 2

A201-2007

Answer 2

General Conditions of the Contractfor Construction

Question 3

A701-1997

Answer 3

Instructions to Bidders

Question 4

B101-2007

Answer 4

Standard Form of Agreement BetweenOwner and Architect

Question 5

C401-2007

Answer 5

Standard Form of Agreement BetweenArchitect and Consultant; ex. C141; Architect-Consultant agreement; consultant is responsible for code compliance regarding their area of work; consultant responsible for checking their own document for consistency, but architect is liable to the owner for consultant’s work

Question 6

BOILERPLATE

Answer 6

a standard portion (generally a paragraph or more) of a written document, such as a contract or architectural specification, that appears in all similar documents

Question 7

DESCRIBED IN THE BASE FEE (contracts)

Answer 7

major project milestone dates, scope of services, reimbursable expenses with respective unit billing rate, number of meetings with third parties included (authorities having jurisdiction, landlords, etc.)

Question 8

CM AS ADVISOR

Answer 8

Owner-Construction Manager Agreement; B801/CMa

Question 9

CM AS CONSTRUCTOR

Answer 9

Owner-Construction Manager Agreement; A121/CMc or A131/CMc

Question 10

PRIVITY

Answer 10

this concept theoretically protects the architect from claims by parties with whom he or she has no direct contractual relationships

Question 11

INDEMNIFICATION CLAUSE

Answer 11

attempts to hold harmless both the owner and architect for any damages, claims, or losses resulting from the performance of any work on the project whether by thecontractor or others with whom the architect has no contractual relationship.

Question 12

B141 used on projects where

Answer 12

services are based on traditional five phases

1. SD
2. DD
3. CD
4. BIDDING/NEGOTIATION
5. CA

Question 13

B161

Answer 13

standard form of agreement between o-a for designated services

1. for more extensive services performed by the architect
2. B161 & B162 must be used together

Question 14

B141

Answer 14

1. outlines scope of basic services

2. at tend of each of the first three phases, architect to submit cost estimates for construction

Question 15

owner responsible for

Answer 15

1. program
2. desired schedule
3. budget
4. surveys
5. soil tests
6. furnish the services of other consultans

Question 16

additional services

Answer 16

services not included in basic standard services

1. project representation beyond basic services
2. contingent additional services - if drawings/specs are required due to change order, architect to receive add’l compensation
3. optional additional services - services the owner would like but that are beyond basic services, ex. programming, tenant planning, verification of work by others
4. if included in the agreement, they are written into the agreement along with the basis for compensation

Question 17

hazardous materials

Answer 17

architect has no responsibility for the

1. discovery
2. handling
3. removal
4. disposal
5. exposure of persons to hazardous materials
   ex. asbestos, PCBs, toxic substances

Question 18

9 categories of services (B161)

Answer 18

1. predesign
2. site analysis
3. schematic design
4. design development
5. CDs
6. bidding / negotiation
7. construction contract administration
8. post construction
9. supplemental services

Question 19

basic provisions common to all contracts

Answer 19

1. description of work (exclusions can be spelled out here)
2. times of commencement (specific date, or when contractor/architect is given notice to proceed)
3. time of substantial completion (specific date or num. of calendar days from notice to proceed)
4. contract sum

Question 20

if a specific date is important to the owner

Answer 20

1. provisions for liquidated damages may be included
2. liquidated damages - monies paid by the contractor to the owner for every day the project is late
3. can write in contract anticipated losses the owner will incur if the project is not complete in time
4. usually a bonus provision for early completion based on saving the owner will incur for early occupancy
5. if a penalty clause is included, a bonus provision must be included

Question 21

A201 - General Conditions (owner responsibilities)

Answer 21

1. article 2- duties, responsibilities, and rights of the owner
2. furnish evidence that financial arrangements have been made to fulfill owner’s obligations and pay the contractor
3. must provide free of charge necessary copies of the contract documents
4. owner may order contractor to stop work if contractor fails in their duties (7 days from written notice)

Question 22

A201 - General Conditions (contractor responsibilities)

Answer 22

1. contractor solely responsible for means, methods, techniques of construction and coordination/scheduling
2. contractor not liable to the owner or architect for damage resulting from errors/omissions in the contract documents
3. contractor not responsible to ascertain that contract documents are in accordance with building codes, ordinances, other regulations
4. if contractor notices variance, must notify architect and owner in writing; if not, contractor assumes responsibility
5. contractor to provide a schedule for review by O/A
6. contractor to indemnify and hold harmless O/A and architect’s consultants and agents against claims/damages/expense arising out of performance of the work

Question 23

indemnify

Answer 23

to secure against loss or damage

Question 24

architect’s documents

Answer 24

1. contract documents are instruments of a service and belong to the architect (copyright)

Question 25

compensation: stipulated sum (o-a agreement)

Answer 25

1. fixed fee/sum of money for set services | 2. reimbursable expenses are in addition to the fee

Question 26

compensation: cost plus (o-a agreement)

Answer 26

1. architect is compensated for actual expense to do the job plus a fee for profit 2. multiple of direct salary expense - larger multiplier to provide for employee benefits 3. hourly billing rates - build in the multiplier to the hourly rate so that the client only sees one number for each of the types of people working on the project

Question 27

compensation: percentage of construction cost (o-a agreement)

Answer 27

1. the professional fee is tied to the cost of construction as a fixed percentage

Question 28

compensation: unit cost method (o-a agreement)

Answer 28

1. fees are based on a definable unit, such as square footage, for such work as tenant planning in a leased building or on a per-house basis in a large residential development project

Question 29

designated services

Answer 29

1. a more extensive range of services than is normal under the B141; B161 can be used

Question 30

B162

Answer 30

1. must be used in conjunction with B161 2. scope of designated services lists in great detail many of the possible tasks that might be included under each category

Question 31

architect's responsibilities during CA

Answer 31

1. visit site at regular intervals 2. does not have control over means, methods, techniques, procedures, or safety 3. has authority to reject work that is not in conformance with contract documents or design intent 4. does not have the right to stop work 5. reviews shop drawings and other submittals for design intent 6. prepares change orders 7. interprets and decides on matters concerning the performance of the contract 8. architect's decisions regarding aesthetic effect are final if consistent with intent of contract documents

Question 32

if owner wants to provide construction or by separate contractors

Answer 32

1. owner must provide coordination of work

Question 33

contract time

Answer 33

the period from the starting date established in the agreement to substantial completion

Question 34

liens

Answer 34

1. mechanics lien: a claim by one party against the property of another for satisfaction of a debt 2. common method for an architect, contractor, or supplier to gain payment 3. property with a lien cannot be sold or transferred until the lien is satisfied, except through foreclosure 4. if a lien is unpaid, property can be foreclosed by the lien holder, lender, or taxing entity 5. contractor must provide proof of 0 liens to owner before receiving final payment or retainage is released

Question 35

architect not responsbile for

Answer 35

1. giving advice to owner or contractor on insurance/bonds (typ. excluded by architect's professional liability insurance)

Question 36

contractor covered by these insurances

Answer 36

1. workers comp 2. damage to the work 3. personal injury 4. motor vehicle insurance 5. claims involving liability

Question 37

contractor's insurance coverage

Answer 37

1. amount of coverage should not be less than the limits of liability specified in the contract 2. must be maintained from beginning of work until final payment without interruption 3. architect to have copies of contractor's insurance certificates and will not issue a payment until received and reviewed

Question 38

owner covered by these insurances

Answer 38

1. maintain liability insurance to protect against losses and claims arising from operations under the contract 2. insurance for property damage and loss of use 3. property insurance: all risk policy for full value of work 4. bonds may be required of the contractor by the owner to protect against default by the contractor