1
Q
buyout
A
- The process of selecting suppliers and finalizing prices from any remaining subcontractors and vendors that are not part of the Integrated Project Delivery (IPD) process
2
Q
MERV rating
A
- A measurement scale designed to rate the effectiveness of air filters.
3
Q
MERV
A
- Minimum efficiency reporting value.
4
Q
environmental impact statement
A
- Describes the positive and negative environmental
effects of a proposed action and usually lists one or
more alternative actions that may be chosen instead of
the described action.
5
Q
green building certification
A
- Refers to the evaluation of a building’s design,
construction methods, and post-occupancy performance in comparison to a set of predefined criteria related to sustainable building practices, consequently achieving specific performance
thresholds. - Examples of green rating systems include ENERGY STAR®, Green Globes, LEED©, and BREAM.
6
Q
certificate of insurance
A
- A memorandum that outlines the types and limits of the insurance coverages carried by the contractor for a project.
7
Q
liability insurance
A
- Insurance that financially protects the insured against liability on account of bodily injury or property damage sustained by another
8
Q
subcontractor
A
- One who has a contract with a prime contractor to
perform a portion of the work.
9
Q
property insurance
A
- Fire and property damage insurance for a project during construction, usually purchased by the owner. Also called builder’s risk insurance.
10
Q
subrogation
A
- The substitution of one entity for another with regard
to legal rights.
11
Q
XCU
A
- The exclusion from insurance coverage for liability
arising out of
(X) explosion or blasting,
(C) collapse of or structural damage to a building, and
(U) underground damage caused by mechanical equipment.
12
Q
surety
A
- An individual or company that guarantees to make
good to another party the debt, default, or failure to
perform of a third party.
13
Q
gurantee
A
- A legally enforceable assurance of the quality of materials and labor furnished for a project, or of the length of time that a project or a part thereof will perform satisfactorily. Also called a warranty.
14
Q
contingency allowance
A
- The amount included in a construction budget, normally 5% – 10%, to provide for unforeseen or unpredictable costs.
15
Q
Davis-Bacon Act
A
- Federal legislation that requires the Department of Labor to set prevailing wages for government-financed construction projects.
16
Q
multiple of direct personnel expense agreement
A
- An agreement providing for payment for professional services based uponthe direct personnel expense multiplied by an agreed factor.
17
Q
Trade discount
A
- The difference between the list price and the actual price paid
18
Q
bond
A
- An agreement under which one party (the surety or bonding company) guarantees to make good to another party (the obligee or owner) the debt, default,
or failure to perform as a third party (the principal or contractor). Also called a surety bond.
19
Q
separate prime contract
A
- One of several owner-contractor agreements for a project, each of which provides for constructing a major portion of the work (general construction, electrical, mechanical, etc.) by a different contract.
20
Q
addition (to the contract sum)
A
- An amount added to the contract sum either by an accepted additive alternate or by a change order.
21
Q
indemnification
A
- A contractual obligation whereby one party agrees to guarantee another party against loss or damage from specified liabilities. Also called the hold harmless clause.
22
Q
shop drawings
A
- Drawings prepared by the contractor, subcontractor, manufacturer, or supplier, showing how specific portions of the work shall be fabricated, installed, or both.
23
Q
worker’s compensation insurance
A
- Insurance that covers workers’ job-related injuries, usually required by law.
24
Q
bonus and penalty clause
A
- A provision in the construction contract for payment of a bonus to the contractor for completing the project prior to a specific date, and for a charge (penalty) against the contractor for failing to complete the project by that date.
25
cut sheet
- **A short-format summary of a material or product’s properties and characteristics; often included in the product data submission**.
- If the standard published data includes products other than those proposed for incorporation into the work, **the contractor should clearly indicate which products are being submitted**.
26
AIA Document G711, Architect’s Field Report
- Maintains a **record of site visits or daily log of construction activities**.
27
BAQ
- Building air quality
28
substitution
- **A material, system, or product proposed by a contractor as being equivalent to that required by the contract documents.**
29
observation
- **On-site examination of the contractor’s work by the architect to determine in general** if it is proceeding in accordance with the contract documents.
30
PERT
- Acronym for **project evaluation review technique**. A form of network analysis developed for military work and similar to the **critical path method.**
31
total quality management (TQM)
- An approach to the delivery of goods or services in which **quality is determined by customer satisfaction and conformance to requirements.**
32
clerk of the works
- The owner’s job site representative.
33
project representative
- The **architect’s representative at the site** who assists in the general administration of the construction contract for a project.
34
construction management
- Management services performed by the architect or others, over and **above normal architectural services that contribute to the control of time and cost in the construction project.**
35
supervision
- Direction of the work by the contractor’s personnel. **Supervision is not the responsibility of the architect.**
36
What should an architect do if he or she finds an unsafe condition on the project site?
- If an architect observes such a condition on the project site, he or she must immediately **notify the owner and contractor.**
37
What two parties should each receive a copy of an architect’s field reports?
- A copy of each of these architect’s reports must be provided to the **owner and contractor**.
38
Value Engineering
- The process of analyzing a particular material, assembly, system, or even an entire design to see whether the same functional requirements **can be met in a less expensive way, or whether a product or system of higher quality can be found for the same cost**
39
AIA Document A305, Contractor’s Qualification Statement
Questionnaire to provide information about a contractor’s background; **to be filled out by the contractor**.
40
AIA Document A701, Instructions to Bidders
Establishes project needs for contractor to submit bids.
41
Value-Based Selection
- The process that considers **more than just the lowest cost, but also factors such as quality, schedule, and contractor personnel**.
42
AIA Document A201, General Conditions of the Contract for Construction
- “Overarching” document used for **design-bid-build projects**.
43
Alternate
- A request included in **the bidding documents** asking the contractor to supply a price for some **type of variation from the base bid**.
44
Bid security
- Certified check, cashier’s check, or **bid bond required to ensure that the successful bidder will enter into a contract with the owner**;
- usually equates to approximately **5% of the estimated cost of construction or bid price**.
45
negotiation
- The process in which the owner, with the assistance of the architect, works out the final contract price with **one contractor**.
46
environmental site assessment
- Analysis typically addressing **both the underlying land as well as physical improvements** to a property.
47
ESA
- Environmental site assessment.
48
Phase III environmental assessment
- Investigation **involving remediation of a site with the aim to delineate the physical extent of contamination based on recommendations made in Phase II** assessments.
49
Phase II environmental assessment
- **Intrusive investigation** that **collects original samples of soil, groundwater, or building materials** to analyze for quantitative values of various contaminants.
50
Phase I environmental assessment
- **Report** prepared for a real estate holding that identifies **potential or existing environmental contamination liabilities**.
51
IPD
- A collaborative approach to designing, fabricating, and constructing buildings where the architect, technical consultants, and contractors work as one team to **reduce delivery times, reduce costs, reduce wastes, and eliminate litigation**.
52
instructions to bidders
- Instructions in the bidding documents **for preparing and submitting bids for a project**. Also called **notice to bidders**.
53
schedule of values
- A statement furnished to the architect **by the contractor reflecting the amounts to be allotted for the principal divisions of the work**.
- It serves as a guide for reviewing the contractor’s periodic **applications for payment**.
54
guaranteed maximum cost
- An amount established in an agreement between an owner and a contractor as **the maximum cost of performing specified work**.
- Also called the **upset price**.
55
Post-Occupancy Evaluation (POE)
- A **review of the complete project after the client has occupied** it for some time, typically **from three to six months**.
- A POE is not a standard part of the architect’s services.
56
project closeout
- The **final portion of the construction administration phase**.
- During this phase, **the building work is complete, the structure is made ready for occupancy, and all remaining documentation is finalized**.
57
post-completion services
- **Additional services** rendered to the owner by the architect following actual completion of the project.
58
mechanic’s lien
- A claim on property by those who furnish material or labor for the construction of a building. **Clear title to the property cannot be obtained until the claim is settled**.
59
waiver of lien
- A document by which one **relinquishes the right of a mechanic’s lien** against the property of another.
60
record drawings
- A term sometimes used to describe **drawings revised to show changes made during construction**. Sometimes erroneously called **as-built drawings**.
61
release of lien
- A **legal document signed by a supplier of material or labor for a project, that releases his or her mechanic’s lien** against the property.
62
final completion
- The completion of all work in accordance with the terms and conditions of the contract documents.
63
date of substantial completion
- **The date certified by the architect when the construction is sufficiently completed**. This is in accordance with the contract documents so that the owner can occupy the project for the intended use.
64
incentive clause
- A clause in a **cost-plus-fee contract between the owner and contractor** in which the savings between the guaranteed maximum cost and the actual project costs are **proportionally shared**.
65
punch list
- **A list of items to be corrected or completed**, which is **provided by the contractor** and usually expanded by **the architect based on a detailed inspection of the work _prior to substantial completion_**.
66
penalty
- A charge against the contractor for failing to complete the project by a specific date.
67
as-built drawings
- A term sometimes erroneously used to describe drawings revised to show changes made during construction. **The correct term is record drawings**.
68
certificate of occupancy
- A document **issued by the governing authority stating that a building complies with applicable laws** and permitting occupancy for its designated use.
69
completion bond
- A **bond obtained by the contractor or owner that guarantees the project will be _completed free of liens_.**
70
At the closeout of a project, the contractor typically submits five items to the owner. What are they?
- warranties and operating manuals
- final payment documents
- record (as-built) drawings
- _certificate of occupancy_
- extra materials
71
If a construction claim is made by the contractor, what actions may be taken by the initial decision maker?
- If the contractor takes this action, the initial decision maker may do any of the following.
-- Request supporting data.
-- Suggest a solution.
-- Accept the contractor’s assertion.
-- Reject the contractor’s assertion.
-- Notify the parties that a determination cannot be made.
72
Bidding documents
- the advertisement or invitation to bid
- instructions to bidders
- supplementary instructions to bidders (if any)
- bid forms
- bid security information
- performance bond, if required
- labor and material payment bond, if required
73
contract sum
- The **total amount payable by the owner to the contractor**, as stated in the owner-contractor agreement, for performing the work under the contact documents.
74
express warranty
- A legally enforceable promise made by the warrantor.
75
cost-plus-fee contract
- An agreement under which the contractor, or the architect, is **reimbursed for his costs as well as paid a fee for his services**.
76
surety bond
- An agreement under which **one party (the surety or bonding company) guarantees to make good to another party (the obligee or owner) the debt, default, or failure to perform as a third party (the principal or contractor)**. Also called a bond.
77
What is an allowance?
- **An amount included in the contract sum to cover the cost of certain items not specified in detail**. Hardware and other finish items are often handled in this manner.
78
payment request
- A contractor’s written request for payment of the amount due on account of work completed, materials suitably stored on site, or both. **Also called application for payment**.
79
What is the advantage to the owner of using a construction change directive?
This document gives the owner a way to order changes in the work before agreeing to an adjustment to the cost and/or time with the contractor.
80
What type of drawings must the architect keep a log of?
- **Shop drawings** require this type of record keeping.
81
liability insurance
- Insurance that **financially protects the insured against liability on account of bodily injury** or property damage sustained by another.
82
How is “contract time” defined?
This period starts at **the date established in the agreement and ends at substantial completion**.
83
Who is responsible for organizing a preconstruction conference, and which parties are required to attend?
- This meeting is organized by the **architect** and should be attended by **the architect, owner, contractor’s personnel (project manager, account executive and superintendent), major subcontractors, and members of the design team** (structural, mechanical, electrical, civil and plumbing engineers, and so on, as required).
84
In which two forms of communication may field reports be distributed?
- **Hard copies and electronic formats** may be used to distribute this document after a site observation.
85
Who must evaluate and approve the Statement of Special Inspections?
- The **building official** must review this document **before special inspections can be incorporated into the project**.
86
Which document requires that certain portions of the work be subject to special inspections?
- **The International Building Code (IBC) requires special inspections of structural systems, manufactured or prefabricated items**, unusual design applications, and certain materials to meet this code requirement.
87
If work is uncovered and determined to conform with the contract documents and the architect had not previously requested that it remain uncovered, who pays to uncover and replace the work?
**The owner** will pay to uncover and replace the work in this situation.
88
Who will pay for work to be uncovered when the work was covered contrary to the architect’s request?
**The contractor** will pay to uncover work when this situation arises.
89
Through whom must the owner and general contractor communicate during construction administration?
- **These two parties must communicate through the architect** unless stated otherwise in their agreement.
90
Which document defines the lines of communication among the parties during construction administration?
**AIA Document A201, General Conditions of the Contract for Construction**, controls this during construction administration.
91
What are two situations in which completed work may have to be uncovered?
This may occur **if work was covered contrary to the architect’s request** or **when no specific request was made by the architect**.
92
During construction, why must the architect speak directly to the general contractor and not to the subcontractors?
**The architect is an agent of the owner** and does not have a contractual relationship with this entity.
93
Who pays for additional field testing if the work does not conform with the contract documents?
**The contractor** must pay for this if the work is deficient.
94
What is the next activity after the contractor has completed the punch list?
- After the contractor has completed this, the next step is **for the architect to make an inspection to determine whether the project is substantially complete**.
95
For a large, complex building project, who usually hires the commissioning agent?
- This person is **hired by the owner to coordinate the efforts of the building’s performance** from the programming through post-occupancy phases.
96
What action may the owner take upon the acceptance of substantial completion by the parties?
- When this is reached, **the owner may move in or utilize the work** for its intended purpose.
97
Why would an architect provide a post-occupancy evaluation free of charge to the owner?
- This activity provides **valuable information to the architect** after the owner has occupied the building.
- It is a **good marketing effort** by the architect and maintains contact with the owner for potential future work.
98
What activity must take place if the architect determines the project is not substantially complete after a site inspection?
- The architect must notify the contractor of the work that must be completed to achieve this.
99
What post-construction activity is a prerequisite for LEED® certification?
- **Commissioning of the energy systems** is a prerequisite for this.
100
When does the contractor’s warranty period start?
This begins when the project has reached substantial completion.
101
Post-Occupancy Evaluation (POE)
- A review of the complete project after the client has occupied it for some time, **typically from three to six months**.
- **A POE is not a standard part of the architect’s services**.
102
What is the architect not responsible for during the construction of the project?
- This team member is **not required to perform exhaustive or continuous on-site inspections**, or to be involved with **means or methods of construction,** or site safety.
103
Who determines the number and frequency of the architect’s site observation visits?
- **The architect determines this during the construction administration phase** at intervals appropriate to the stage of construction.
104
What is the purpose of the architect’s site observation?
- This is to observe **the progress and quality of the work and keep the owner informed**.
105
During agency review, what is the architect’s role in an integrated project delivery project?
- The architect’s role in this phase is **limited to working with the permitting authority to show code compliance** related to the building information model.
106
What other construction delivery method is most similar to the construction manager as constructor with regard to the many roles and responsibilities of the architect?
- With regard to the many roles and responsibilities of the architect, this delivery method is similar to **design-bid-build.**
107
letter of intent
- A letter **signifying intention to enter into a formal agreement and setting forth the general terms** thereof.
108
single prime contract
- A contract for building construction under which **one prime contractor is responsible for the entire project**, rather than having separate contracts.
109
general contract
- The agreement between **the owner and the contractor** for the construction of a project.
110
bid bond
- A surety bond **guaranteeing that the bidder will sign a contract**, if offered, in accordance with her proposal.
111
fixed limit of construction cost
- The **maximum allowable cost of the construction work**, as established in the owner-architect agreement.
112
deposit for bidding documents
- A deposit of money required for each bidder as security for the bidding documents, **to ensure the return of the documents by unsuccessful bidders**.
113
contract documents
- owner-contractor agreement.
- general conditions of the contract, supplementary conditions,
- Working drawings,
- specifications,
- addenda,
114
lowest acceptable bona fide bid
The lowest bid that **complies with all the stipulated requirements**.
115
advertisement for bids
**Published public notice** soliciting proposals for a construction project.
116
fast track
- Describing a construction procedure in which construction on each phase of a project is begun when its design is completed, **without waiting for overall project design completion**.
117
additive alternate
- A proposal by a bidder for an amount to be **added to the base bid if the corresponding change in the work is accepted**
118
stipulated sum contract
An agreement under which the architect or contractor is paid a specific amount as the total fee for services performed. **Also known as a lump-sum contract**.
119
deductive alternate
A proposal by a bidder for an amount to **be subtracted from the base bid** if the corresponding change in the work is accepted.
120
Division One
- **The General Requirements Division of the specifications** that establishes the administrative and **_procedural duties of the contractor, architect, and owner during construction_.**
121
Bidder mistakenly entered with lower bid price and refuse to enter the bid what is possible action?
- Strictly speaking, contractors whose bids contain clerical or **computation errors of this magnitude may be allowed to withdraw their bids without penalty**, but **not for mistakes involving judgment interpreting the intent of the construction documents**.
- In this case, the owner can offer the erring bidder **the contract for the amount of the original bid and retain the bid security** if the contractor refuses to enter into a contract for that amount
122
performance bond vs labor and material payment bond
- The answer is the limit for each bond is the full amount of the construction contract.
- The performance bond and labor and material payment bond are usually **written together, though they do not cover the same risks**.
- Each is **normally written for the full amount of the construction contract, and there is generally no reduction in premiums if lesser limits are purchased**. Although this is somewhat arbitrary, experience has shown this practice to be reasonably effective and economical.
123
architect can order contractor to modify the work which doesn't cause contract sum and time. true ?
- It is true, **because it does not involve an adjustment in the contract sum or the contract time, is called a minor change in the work**. Subparagraph 7.4 of the AIA Document A201-2017, General Conditions of the Contract for Construction
- the **architect has the authority to order minor changes in work that do not involve adjustment in the contract sum or extension of the contract time** and are consistent with the intent of the contract documents.
- Such changes will be **effected by written order and will be binding on the owner and contractor**.
124
architect can reject work that doesn't conform with specification but the bidding price is based on the non-conformed material. true ?
- it is true.
- As the owner's agent, **she cannot reduce the quality of materials and workmanship required by the documents without the owner's written consent**.
- **The bid price is based on the specifications, and any deviation must be in the form of a change order**.
- **The architect's only option is to reject the sample and insist on conformance with the specifications**.
125
shopdrawing liability issue
- The AIA General Conditions **requires the general contractor to review and approve shop drawings before submitting them to the architect**.
- Architects reviewing shop drawings without a contractor's stamp of approval may assume the contractor's potential liability.
126
AIA Document B101-2017, Standard Form of Agreement Between Owner and Architect for the architect's responsibilities regarding warranties,
- which are **limited to forwarding the documents from the contractor to the owner**.
127
who approves shop drawings?
- Subparagraph 3.12.5 of the AIA General Conditions requires the **contractor** to approve shop drawings
- 4.2.7 requires the **architect to do likewise**. (contractor stamps before architect approves)
- The owner is not involved in the shop drawing process.
- Subcontractors may prepare the shop drawings.
- **The engineers may review and stamp shop drawings, but the _AIA General Conditions do not recognize the engineers as entities independent of the architect_**
128
sub contractor refues to release lien what contractor has to do?
- The answer is **furnish a payment bond to the owner to indemnify the owner**.
- If a subcontractor refuses to furnish a lien release to the contractor, there is a strong possibility that the subcontractor intends to file a lien. Therefore, to protect the owner, **the general contractor can furnish a new bond**.
129
who establishes standard for testing
- If the standard for a special test is not established in the construction documents, the architect must determine if the required codes for the project **(determined by the Authority Having Jurisdiction) reference** a required testing standard.
- **If not, the architect must then establish the testing standard that shall be met**.
- **If the test is related to one of the architect’s scope of work, the architect should collaborate with the engineer responsible for the work in question**. The **architect must make the final decision on which testing standard is to be used** since they hold a contract with the owner.
130
blind nail vs face nail for flooring
131
Design-bid-build
- Design- bid- build method of delivery is a traditional method of completing the project.
- **Architect's preconstruction responsibilities consists mainly assisting with the bidding documents**.
- In order to assist with bidding documents, Architect
**-- Designs the projects
-- Completes construction drawings
-- Writes specifications
-- Estimates costs**
- Bidding documents are put out to bid and successful bidder is awarded the contract.
- Bids could be obtained using **Competitive bidding or by Negotiation.**
132
Bidding Documents
- Bidding documents are **not part of the contract documents.**
- Bidding documents are **bound into project manual**
- The Bidding Documents include
**-- the Invitation to Bid,
-- Instructions to Bidders,
-- Bid Form,
-- Subcontractor List,
-- sample bidding and contract forms,
-- proposed Contract Documents as defined in the General Conditions
-- any Addenda issued prior to receipt of bids**.
133
Bidding Requirements include:
- Advertisement or invitation to bid
- Instructions to bidders
- Supplementary instructions to bidder( if any)
- Bid forms
- **Bid Security information**
- Requirements of **Performance bond**, if required
- Requirements of **Labor and material payment bond**, if required
134
The Proposed Contract Documents include:
- The unexecuted form of Agreement between Owner and Contractor and agreement exhibits
( AIA Document Al 01 - 2017- Standard form of Agreement Between Owner and Architect)
- Conditions of the Contract (General, Supplementary and other conditions)
( AIA Document A201- 2017- General Conditions of the Contract for Construction)
- Drawings
- Specifications
- All Addenda
- All other documents enumerated in Article 8 of the instructions to Bidder
(eg: AIA Document E203-2013- Building Information Modeling and Digital Date Exhibit )
135
Bidding Procedures in Design-Bid-BuiId Project Delivery Method
- The bidding procedure has been standardized
- The common procedures used during bidding in Design- bid- build project delivery method include
**-- Advertising for Bids/Availability of Bid Documents
-- Substitution
-- Addenda
-- Pre-Bid Conference
-- Bid Opening
-- Evaluation and awarding of Bid
-- Prequalification of Bidder**
136
Evaluation and Awarding of Bid
- **Owner and Architect evaluate the bid together**.
- Bid Evaluation include:
**-- Checking references
-- Confirming insurance
-- Rejecting bids with incomplete documentation
-- Any other review the owner thinks is needed**
- The owner has the right to **reject any or all bids**
- The owner could **accept alternates in any order or combination and determine the low bidder on the basis of the sum** of base bid and alternates
137
Evaluation of Bid & Project Budget
- If the bids exceed the project budget, the owner shall:
**-- give written approval of an increase in the budget for the Cost of the Work
-- authorize rebidding or renegotiating of the project of the project within a reasonable time
-- terminate agreement with architect
-- in consultation with the architect, revise the Project program, scope or quality as required to reduce the Cost of the Work
-- implement any other mutually acceptable alternative**
- If the owner chooses to proceed, **the Architect is responsible for modifying the Construction Documents to fit Owner's budget without compensation**
138
Architect's Roles and Responsibilities - CMa
Construction Manager as Adviser
- Owner may elect Construction Manager to assist with the project delivery
- **It is less common for CM to act as agent than as Adviser or Constructor.**
- One contractor or multiple contractor
- **Architect's preconstruction responsibilities is governed by _AIA Document B132_**, Standard form of agreement between Owner and Architect, Construction Manager as Adviser Edition.
- The roles and responsibilities of architect is similar to those under the **traditional design-bid-build project delivery method except**:
**-- Providing cost estimates is not part of service
-- Architect work with CM during schematic design and design development while CM develops cost estimate, schedule and matters of constructability
-- Architect prepares outline specification**
- **Bids could be obtained using Competitive bidding or by Negotiation and Architect duties are similar to Design bid built**
139
Architect's Roles and Responsibilities - CMC
Construction Manager as Contractor
- Under owner-CMc agreement, the basis of payment is cost of work plus a fee, either **with or without a guarantee maximum price**.
- **Architect's preconstruction responsibilities is governed by _AIA Document B133_**, Standard form of agreement between Owner and Architect, Construction Manager as Constructor Edition
- **The roles and responsibilities of architect is similar to those under the traditional design-bid-build**project delivery method except:
**-- Architect submits a schedule of design services to CM to be included in project schedule
-- _Providing cost estimates is not part of service_
-- Architect work with CM during schematic design and design development while CM develops cost estimate, schedule and matters of constructability
-- _Architect prepares outline specification_**
- **Bids could be obtained using Competitive bidding or by Negotiation and Architect duties are similar to Design bid built**
140
Architect's Roles and Responsibilities - DB
Design- Build
- **Architect serves as consultant to Design-Builder**
- **Architect's preconstruction responsibilities is governed by AIA Document B143**, Standard form of agreement between Design- Builder and Architect
- The **roles and responsibilities of architect during all phases of the project are defined in an exhibit to the agreement**.
- The agreement could include **design services only, in that case the architect would have no roles and responsibilities related to bidding and negotiation**.
- **If the agreement include construction procurement services, then the architect roles and responsibilities would be similar as with a traditional design-bid-build** approach
141
Architect's Roles and Responsibilities - IPD
Integrated Project Delivery Method
- Architect's preconstruction responsibilities are defined **by various AIA documents depends on the approach**
-- Transitional form
-- Multiparty agreement
-- A single purpose entity
- With any approach, the architect's roles and responsibilities are very limited and includes
-- **_Agency review- Standard Building code check by authority having jurisdiction(AHJ)_** as well other permitting agencies
-- **_Buyout- process_ of selecting subcontractor and suppliers that are not part of IPD process**.
142
Selection of Contractor
- **In public sector**, most times the contractor is selected based on submission of **the lowest bid**
- **Privately Funded project and Publicly Funded** and local jurisdiction project that allow **value based selection process**, architect often assist in election of contractor
--With value based selection, the **owner selects a contractor based on the weighted values of multiple criteria** including **construction cost or fee and proposed schedule, as well as qualifications based criteria such as past experience on similar projects and proposed personnel**.
143
Some Criteria while assisting with the selection of a contractor, Architect may check:
- Previous Experience in the project type being built
- References from past clients
- Experience personnel
- Sufficient personnel to complete the project
- Financial qualification
- _Bonding capacity_
- Ability to obtain the insurance required by the project
- History of past claims
- History of ability to complete jobs on time and on budget
- Knowledge and experience with special construction methods, if
required
- Possession of special licensing or certification if required by the project
144
AIA document to help selection of contractor
- In some cases, **the owner may require the bidders to submit AIA document A305-1986, Contractor's Qualification statement** to be eligible to bid for the project.
- While in some cases, **the owner may want AIA Document A305-1986 after bidding**
- **In Negotiated contracts**, the owner may compare AIA Document **A305**-1986 of various contractor **to select the contractor**.
- Through AIA Document **A305**—1986, **the contractor provides a sworn, notarized statement and appropriate attachments to elaborate on important aspects of the contractor's qualifications**.
145
project documentation
146
Selection of Contractor
Review of Contractor's Bid
- Architect assist owner
**-- To identify and reject bids with incomplete documentation or is not accompanied by required bid bond
-- Review bids as per criteria
-- Comparing the received bids
-- Checking references
-- Confirming insurance
-- Any other review the owner thinks is needed**.
- **Architect and owner may also consider substitutions, lists of proposed subcontractors, qualification statements** and other documentation required in instruction to bidders.
- The **owner could accept alternates in any order or combination**
- The **owner has the right to reject any or all bids and abandon the project**
- Finally, **Architect assist the owner in determining the successful bid**
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Selection of Contractor
**If the bids exceed the project budget, the owner shall:**
- **give written approval of an increase** in the budget for the Cost of the Work
- **authorize rebidding or renegotiating of the project of the project within a reasonable time**
- **terminate** agreement with architect
- in consultation with the architect, **revise the Project program, scope or quality as required to reduce the Cost of the Work** or
- **implement any other mutually acceptable alternative**
- **If the owner chooses to proceed, the Architect is responsible for modifying the Construction Documents to fit Owner's budget without compensation**
148
Analyze contract or design to adjust project costs
- In Design-Bid-BuiIt project delivery method, Architect is involved in preconstruction activities listed below
**-- Designs the projects
-- Completes construction drawings
-- Writes specifications
-- Estimates costs**
- Architect **prepares construction cost estimate at each phase** but **doesn't guarantee** that final construction cost will not vary from estimate.
- **Owner receives firm Construction cost only with Bidding** in Design-Bid-Built project delivery.
- **Bidding with the above mentioned preconstruction activities affect the Project Cost, Quality and Schedule**
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Analyze contract or design to adjust project costs
**how bid is obtained**
- Typically, bids could be obtained using **Competitive bidding or by Negotiation**.
- In competitive bidding,
-- Bids are based on **same set of documents**.
-- Contract is **awarded to lowest bid**.
- In Negotiated contracts,
-- Selection is **value based**
-- **Not only bid price** but **contractor qualification and other criteria** are taken into account
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Analyze contract or design to adjust project costs
**Architect should focus on few factors**
- Architect should focus on few factors during bidding that can affect Project Cost, quality and schedule like:
**-- Marketplace
-- Short bidding period
-- Quality of documents- Drawings and Specification
-- Construction Methods
-- Short construction period
-- Proposed Contract documents**
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Bidding in Marketplace
**Contractor's price is based on following variables**
- **Actual cost** of subcontractors bids
- Cost of the contractor's own labor and materials
- Cost of equipment rental
- The contractor's indirect costs
- Overhead
- profit
-- **If local economy is depressed, subcontractors might work for lower price**.
-- **Some flexibility in owner's schedule can be advantageous to either delay or accelerate design and bidding** to match favorable market conditions.
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Effects of documents on Bids
- **Poorly prepared drawings and specifications**, will give raise to ambiguous situations as to what is implied and omitted
- **To cover unforeseen items**, the contractor may add extra money.
- **A complete and clearly coordinated set of documents gives the contractor confidence** in the scope and quality of the work
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**Architect should also pay attention to few Procedures during bidding that can affect Project Cost, quality and schedule** like:
- Informal and irregular procedures
- Selection of alternates
- Addendum procedures
- Determination of the successful bidder
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Alternates
Alternate is a request included in bidding documents to supply a price for some variation from base bid. Variation could be change in material or level of quality of a material, deletion of some component, or the addition of some construction element.
155
Unit Prices
Unit prices are set costs for certain portions of work, based on an individual quantity. They are listed on bid form and provide a basis for determining the cost of changes to the contract.
156
Allowance
Allowance is a set amount of money estimated by the architect to cover a particular material or piece of equipment when the cost for that material or equipment cannot be determined precisely at the time of the bid or negotiated proposal.
157
Value Engineering/ Value Analysis:
Value Engineering can be used prior to bidding, or even after,
but it is best used earlier in the design process.
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Analyze contract or design to adjust project costs
**In Construction Manager project delivery method**
- Architect **doesn't have direct responsibilities for estimating**
- **Architect works with CM to meet the project budget and _considers request for substitutions_**
- **_Architect assist the owner in reviewing the GMP or control estimate_ after the CM has provided these to the owner**.
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Analyze contract or design to adjust project costs
**In Design Build project delivery method**
- **The extent of preconstruction service depends on the scope of the agreement** between the Design builder and Architect.
- Owner **may call for Architect** under AIA Document **C143** to **provide an evaluation of information furnished by design builder**
160
Analyze contract or design to adjust project costs
**In Integrated project delivery method**
- Architect Has very little ability to adjust project costs
161
culmination
the highest or climactic point of something, especially as attained after a long time.
162
base bid
- The sum of money stated in the bid for which the bidder offers to do the work, not including any alternate bids.
163
statute of limitations
An ordinance that specifies the period within which legal action must be brought to obtain legal relief for damage or injury.
164
alternate bid
- A proposal by a bidder for an amount **to be subtracted from or added to the base bid if the corresponding change in the work is accepted**. This may be either a deductive or additive alternate.
165
notice to bidders
- **Instructions in the bidding documents for preparing and submitting bids for a project**. Also called instructions to bidders.
166
sick building syndrome
A term used to describe poor air quality that can lead to discomfort and possibly disease.
167
What is an invitation to bid?
- An invitation to a selected list of contractors soliciting bids for a project.
168
According to AIA Document B101-2017, Standard Form of Agreement Between Owner and Architect, what form of dispute resolution must be tried first before the owner and architect can go to arbitration or litigation?
- According to AIA Document B101-2017, the owner and architect may not resort to this until **mediation** has been tried
169
In relation to contract documents, what is an addendum and who prepares it?
This document authorizes a revision to the original contract documents before the construction contract has been signed by the owner. **It is prepared by the architect**.
170
What type of insurance protects employees from medical costs and lost income due to work-related injuries?
Workers’ compensation applies to these injuries.
171
At a public bid opening, which two items are announced by the architect after each bid is opened?
The two items announced at this time are the **written amount of the bid and whether the bidder has submitted the required supporting documentation**.
172
Who is the only party who guarantees by contract all construction costs?
**The general contractor** is the only party who guarantees this.
173
Who must approve a proposed substitution, and if approved, what is done with the proposal?
This kind of proposal **must be reviewed by the architect** **If approved, it becomes an addendum** to be included in the bid documents.
174
Which document, placed in a public publication, is used to notify prospective bidders?
**An advertisement for bid** is used in this situation.
175
Who is responsible for cost control in design-build delivery?
**The contractor (design-build entity)** is responsible for this but the architect may be responsible for the tracking and controlling of the cost of the architect’s design services
176
Which project delivery limits the role and responsibilities of the architect during the preconstruction phase?
**Integrated project delivery**, or IPD, limits this project team member’s activities in preconstruction.
177
List three typical prequalifications an owner may require to restrict the number of contractors to bid on the project.
- **Bonding capacity**,
- project experience,
- references
- size of firm
- **experience of personnel**.
178
Why would an owner hire a construction manager as adviser (CMa)?
This person is hired to assist in project delivery by providing **cost estimating, scheduling, and construction contract management services** to the owner.
179
Name two differences between a negotiated bid and a competitive bid.
- A negotiated bid is a privately funded project and **invites only one contractor**.
- A competitively bid project can be publicly or privately funded and involves **multiple contractors**.
180
When are shop drawings usually prepared?
These drawings, schedules, or diagrams are usually prepared **after the subcontractor or material supplier has signed a contract with the general contractor**.
181
If an owner fails to substantially perform according to contract, what must an architect do to terminate the contract?
To take this action in regard to a contract with an owner, an architect must give the owner **seven days’ written notice**.
182
What fee method should be used when the owner has identified a specific set of services?
When the owner has done this, the architect can **accurately estimate a stipulated sum contract**.
183
Who pays for work rejected by the architect?
Under these circumstances, the additional work must be paid for **by the contractor**.
184
What information must be included on every progress payment application?
This application **must include the value of the work completed to date** and **the value of any stored material**.
185
Which party pays for additional nonconformance field testing?
This is the only type of field testing paid for **by the contractor**.
186
What is normally withheld from a progress payment until work is completed?
**Retainage** is normally withheld from this kind of payment.
187
Describe the difference in roles between a mediator and an arbitrator.
- In mediation, this person **facilitates a discussion for the parties to reach their own settlement**.
- In arbitration, this person allows **the parties to submit their evidence and hears witness testimony** before making a decision or ruling on the matter.
188
In a shop drawing review, what are the similarities and differences between the “revise and resubmit” and “rejected” designations assigned by the architect?
- Neither submittal complies with the contract documents as submitted.
- In the first, the contractor may **provide additional information or make corrections and return the submittal to the architect** for review.
- In the second, **an item is unsuitable for use in the project** and may not be resubmitted to the architect for review.
189
During the construction phase, who may make a claim on the project?
**The owner or the contractor may take this action** if they seek an adjustment to the time or payment of money or other relief from the terms of the contract.
190
The architect’s review of the shop drawings does not relieve the contractor of what?
The review of this by the architect **does not relieve the contractor of conformance with the contract documents**.
191
If the work does not conform with the contract documents, who has the authority to reject the work?
**The architect has the authority** to take this action if work is not in compliance with the contract requirements.
192
Which document is used to record minor changes in the work?
This administrative action is recorded by the architect using AIA Document **_G710, Architect’s Supplemental Instructions_**.
193
During the construction phase of the project, the contractor is required to make submittals to the architect. Name four types of submittals.
- shop drawings,
- samples,
- product data,
- documents related to sustainability issues.
194
When is the contractor allowed to submit a request for payment of a construction cost directive to the owner on the application for payment?
This item can be submitted to the owner for payment **upon agreement of the additional cost of the work by the contractor and owner**, and completion of the work.
195
Which party produces a request for information (RFI)?
The contractor, owner, or architect can use this document to request additional information during the construction phase.
196
In AIA Document A201, General Conditions of the Contract for Construction, what term is given to the architect’s visit to the site?
In AIA Document A201, this is called a site visit.
197
substantiate
provide evidence to support or prove the truth of.
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Architect general responsibilities per B101, A201 for design-bid-build
- The Architect **provide administration of Contract between the Owner and the contractor**
- The Architect **advises and consult with the owner during the construction Phase**.
- The **Architect is not responsible for the Construction means and methods, techniques, sequences or procedures or for safety precautions and program**
- The **Architect is not responsible for the contractors failure to perform the work in accordance**
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Architect site visit per B101, A201 for design-bid-build
- The Architect **visit the site at regular interval appropriate to the stage of construction**.
- The **Architect doesn't make exhaustive or continuous on- site inspections** to check the quality or quantities.
- However the number and timing of visits to a job site are left to **the judgement of architect and based of few factors**
-- The size and the complexity of the project
-- The type of construction contract
-- The exact schedule of construction operation
200
Architect responsibilities during construction per B101, A201 for design-bid-build
- During construction,
-- **Owner and contractor should communicate through Architect**
-- Contractor and design consultant should communicate **through Architect**
-- Architect and Subcontractor/ supplier should communicate **through contractor**
- During the construction observation, the architect generally **becomes familiar with the progress and quality of the portion of the work completed**.
-- Architect **keeps Owner reasonably informed about the progress and quality and report**
-- Known **deviations from the Contract Documents**
-- Known **deviations from the most recent construction schedule submitted by the contractor**
-- Defects and deficiencies observed in the work.
- The Architect has the **authority to reject the work** that doesn't conform to the contract documents and **may require for additional test or inspection of work**.
- The Architect interprets and decide the matters concerning performance.
- The Architect on matters relating to aesthetics is considered final.
201
architect's field report
Architect notes the observation in field report that includes:
- Report **name and number along with Architect's project number**
- **Date and time of observation and the weather conditions at the site**
- Work currently in progress
- **Number of workers** present at the site or an estimate of the number, if the project is large
- Observation made, including **any problems which may include photograph documenting the condition** at the site
- **An assessment of the conformance with the construction schedule and the estimate percentage of completion**
- **List of items to verify and action or information needs** from owner, contractor or consultants
- List of any attachments, and the **name of the person making the report**.
202
Certificates for Payment to Contractor
- **Contractor submits the architect a notarized application** for payment at least **10 days before the date established for each payment** based on schedule of values, it includes
-- **The value of work- both labor and material**- completed
-- **The value of material purchased and stored** at acceptable storage
- The Architect reviews and certifies the amount depending on the progress and the quality of work **to the best of the architect's knowledge, information and belief**.
- However, certification **doesn't represent that Architect has**
-- **Made exhaustive or continuous on- site inspections** to check the quality or quantity of the work
-- **Reviewed construction means, method, technique, sequences or procedures**
-- **Reviewed copies of requisitions received from subcontractors and suppliers and other data requested by the owner**
-- **Ascertained how or for what purpose the contractor has used money previously paid**
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Architect may withhold all or portion of the funds requested on application for payment in order **to protect the owner for following reasons**:
- Defective work **not remediated**
- Third party **claim filed or reasonable evidence indicating probable filing of such claim, unless security acceptable to the owner is provided by the contractor**
- **Failure of the contractor to make payment properly to subcontractors or suppliers** for labor, material or equipment
- **Reasonable evidence that work cannot be completed for the unpaid balance** of the contract sum
- **Damage to the owner or separate contractor**.
- **Reasonable evidence that the work cannot be completed within the contract time**, and that **the unpaid balance would not be adequate to cover actual or liquidated damages** for the anticipated delay or
- **Repeated failure to carry out the work** in accordance with the contract documents.
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Submittals
After the contract is awarded, Architect reviews contractor's submittal schedule. Submittals include:
- **Shop Drawings** are drawings, diagrams, schedules, performance charts, instructions, brochures, diagrams and other information furnished by the contractor to illustrate materials, equipment or equipment for some portion of the work.
- **Product data** are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the contractor to illustrate materials or equipment for some portion of the work. This is usually provided by manufacturer.
- **Samples** are physical examples that illustrate materials, equipment or workmanship and establish standards by which the work will be judged.
- Architect reviews and approve or take appropriate action after receiving contractor's submittal but only for limited purpose of checking for conformance with the information given and the
design concept expressed in the contract documents.
- Review of such submittal is not for the purpose of determining the accuracy and completeness of other information such as dimensions, qualities and installation or performance of equipment or system.
- Architect's approval of submittal doesn't imply that architect has approved the safety precautions or construction means, methods, techniques, sequences or procedures.
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Change in work During construction
- During construction, architect responds to request for information from contractor
- If contractor believes that additional cost or time is involved because of Architect's clarification of RFl-request for information, the contractor must submit claim.
-- If the contractor fails to perform the obligations, the contractor pays such costs and damages to the owner.
-- If the contractor performs those obligations, the contractor is not liable to owner or architect for damages resulting from error.
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method of changes in the work during construction
- **Minor changes in the work**- When a change does not involve modification of the contract sum or time and is consistent with the contract time and is consistent with contract documents, the
**architect may issue a written order directing the contractor to make a minor change**.
- **Construction change directive**- When a change needs to be made right away to allow the project to proceed, **but the owner and contractor cannot agree on a price or time revision**, the architect may issue a construction change directive.
- **Change Order**- A change order is a document authorizing a variation from original contract documents that involves a change in contract price, contract time, or both. **A change order is issued
by the owner but it is prepared by architect**.
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project type architect communication relationship
- Construction Manager as Advisor
-- Governed under AIA B132, and AIA A232.
-- **The owner and contractor communicate through the CM with copies to the architect**.
- Construction Manager as Constructor
-- **The CM is serving as the standard "contractor."**
-- Governed under AIA B133, and AIA A201.
- Design Build
-- Governed by AIA B143
-- **The architect fall under the umbrella of services provided by the design-builder**.
- Integrated Project Delivery (IPD)
-- Basically the same as those under AIA A201
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Preconstruction Conference
- The architect is responsible for organizing and conducting the meeting.
- Attended by the architect, design consultants, owner, contractor, major subcontractors, and any others necessary.
- The agenda, prepared by the architect, should emphasis owner's considerations
209
periodic project meeting
**- Typically organized by the architect.
- Similar participants as in the preconstruction conference.
- Attendance will change depending on the stages of construction.
- Ensure construction is on schedule and changes, if any, are discussed
- Best when meetings are on-site**
210
plywood code
211
Usually, after the contract between owner and contractor is signed, Contractor submits to Architect/ Owner
**- Construction schedule
- Submittal schedule
- Name of subcontractors and suppliers
- _Schedule of values if Stipulated sum or GMP_
- And other documents of insurance and bond as stated in the agreement**
212
Detail of Construction schedule depends on the project type and complexity
The schedule may contain:
- **The date of commencement of the work, interim schedule milestone dates, and the date of substantial completion**
- **An apportionment of the work by construction activity**
- **The time required for completion of each portion of the work**
- however, **architect doesn't approve schedule as this is contractor's means and method**.
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schedule of values
When the contract is based on a stipulated sum or Guaranteed Maximum Price, the contractor submits a **schedule of values** to the architect before the first **application of Payment allocating the entire contract sum to various portion of the work**.
- The schedule of values shall be prepared in the form and supported by data
- Schedule of values is **used as a basis for reviewing Contractor's subsequent Applications for payment**.
214
application and certificate for payment
215
There are four basic types of schedules typically used in construction industry.
1. Critical path method
2. Milestone charts
3. Bar charts, also known as Grant charts
4. Wall schedule
- Contract time may start on the date of signing the owner- contractor agreement, upon the issuance of a formal notice to proceed, or on another date stated.
- In Critical Path Method-CPM, the total project time is established by path with the longest total required time.
- Activities along the critical path are called critical activities, any delay in critical activities is likely going to delay the completion of the project.
- Contract time ends when construction work is substantially complete.
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Liquidated damage
- Liquidated damage is an amount of money stipulated in the contract **that is chargeable against the contractor as reimbursement for damages suffered by the owner** because of the **contractor s failure to fulfill contractual obligations**.
217
schedule value
218
A project monitoring chart
A project monitoring chart is an architectural project management tool that is used to predict both **the time and the amount of money (or percentage of the overall project budget) needed to complete certain tasks**.
219
Macleamy curve
220
mockup
- Mock-ups are typically full-size representations of proposed construction, built in order to evaluate proposed design, whether aesthetics or construction detailing, or to test for technical performance.
- Utilizing mock-ups can help prevent rework and keep a project both on time and on budget.
- Because of their scale and the work involved, the requirement for mock-ups in the specifications should be carefully considered by the architect.
221
Process & Submittal Log
- When shop drawings and other submittals are prepared by subcontractors and material suppliers, they are sent to the general contractor, who is responsible for reviewing and approving them.
By reviewing them, **the contractor confirms that field measurements have been verified, materials have been checked, and other construction criteria have been coordinated**.
- After this review the contractor must give the submittals to the architect in accordance with the **submittal schedule** so there is no delay in the work.
- If the submittals require the review of one of the architect's consultants, **the architect forwards them to the consultant, who returns the submittals to the architect after review**.
222
submittal timing
- The architect must review submittals **in accordance with the submittal schedule prepared by the contractor and approved at the beginning of the project by the architect**.
- In the absence of an approved submittal schedule, the submittals are approved with reasonable promptness while allowing sufficient time in the architect's professional judgment **to permit adequate review (AIA A201)**.
- The issue of time is generally dealt with in two ways.
**1. AIA A201 General Conditions of the Contract for Construction
2. Division 01 of the specifications
typically 10 business day (2 weeks) is a standard amount of time**.
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Architect's Review and Response for submittals
- Submittals are generally marked in one of four ways, although the language used varies by firm.
-- no exceptions taken
-- approved as noted
-- revise and resubmit
-- Rejected
- Firms stamp submittals indicating the possible responses and the date and initials of the reviewer. The architect can use the check boxes to indicate the action taken as a result of the review.
- The architect should also include comments or questions for the contractor and indicate the responses to any questions posed by the contractor.
- It is possible that the response to such questions may necessitate a change to the project time or cost; if this is the case, **the architect can request that the contractor submit an RFI on the issue, which can initiate the change order process** as necessary.
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Response to submittals — No Exceptions Taken
- Marking a submittal "approved," **"no exceptions taken,"** or "reviewed" implies that the product or assembly may be incorporated into the work as submitted and is in compliance with the requirements of the contract documents.
- Submittals may also be marked "approved with changes noted," "approved as noted," or "note markings." This means that if the changes indicated are made, the product or assembly may be used on the project.
- **If submittals are marked in either of these ways they do not require resubmission by the contractor or additional review by the architect**.
225
Response to submittals — Revise & Resubmit
- Submittals for items that do not comply with the contract requirements are marked "revise and resubmit" or "rejected."
- "Revise and resubmit" is usually used when the product may be suitable for use on the project but the information provided is inadequate for performing a thorough review, or when there are significant errors or conflicts in the submittals package.
- "Rejected" indicates that the product proposed does not comply with the contract requirements and may not be used on the project.
- **If submittals are marked in either of these ways, they are returned to the contractor with comments, and the contractor must prepare additional or revised submittal data and submit it to the architect again**.
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An action submittal
An action submittal **requires the architect's review and approval before the product may be used on the project**. If the contractor proceeds without obtaining the architect's approval, the item is provided at the risk of the contractor. If the properties of the item do not comply with the contract requirements, the contractor may be required to remove and replace it at the contractor's **Action submittals provide quality assurance and conformance with the design own expense. intent**.
227
Informational submittals
Informational submittals provide a **process for the quality control which occurs after the product or material is installed, and do not require a response from the architect**.
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Substitutions — The right way
- Substitutions must be **proposed by the contractor during the bid phase**. During bidding, contractors can request that substitutions be considered for some of the specified materials. The submitted product is subject to review and approval by the architect and owner before it can be incorporated into the bid. **The work of finding these alternatives and providing information to prove that they are equal falls to the contractor**.
- The conditions under which substitutions will be considered and the procedures for reviewing submissions are **clearly defined in the instructions to bidders**.
- **Once construction commences, shop drawings and submittals are not a way for the architect or contractor to make changes** whether in the design or details by the architect or substitution requests by the contractor.
- Although minor corrections and changes can be made, the **contractor may request a change order if the architect's modification of the shop drawings or samples results in an increase in project cost or time**
229
Substitutions
Substitutions **should be avoided during construction, but several legitimate scenarios may occur when substitutions may be required**. Some justifiable reasons include:
- Owner-Initiated
- Unavailability of product
- Integrated Project Delivery / Fast Track Project Delivery
- Contractor-initiated
-If the contractor wants to make a substitution during construction, he or she can do so **only with the consent of the owner, after evaluation by the architect, and in accordance with a change order**. The request must include:
**-- the merit of the substitution
-- the name of the material or equipment for which the substitution is submitted
-- manufacturer's literature and complete backup information about the proposed substitution
-- all modifications required to other elements of work due to substitution
-- changes in cost or schedule due to the substitution**
230
**AIA General Conditions document** requires that **notice of claims** regarding _change orders_ must be made within
21 days
231
accepting non-conforming work
- At times, an element of the construction does not conform to the design intent or the requirements of the contract documents, yet may be determined to be acceptable in terms of appearance, functionality, and quality.
- Rather than rejecting the work and possibly delaying the project or causing other problems, **the architect may accept it with the approval of the owner**.
- If the accepted product or work is determined to be less expensive that the specified product would have been, **the owner has the right to request a credit for the difference**.
- If the installed product or work is more expensive than the work required by the contract documents, and **the error is the contractor's or the substitution was made without the owner's approval, the contractor will bear the cost**.
232
Accepting Nonconforming Work — Against Architect's Recommendation
- There are also times when nonconforming work is not acceptable to the architect but acceptable to the owner.
- **In this case, the owner has the final authority to accept the deviation, but the architect, as required by contract, must note the difference as not conforming to the contract documents**.
- **On the certificate of substantial completion, the architect should note the difference as a nonconforming exception**.
- **The contractor must document the deviation on the as-built drawings**.
233
Rejecting Work
- The architect has the authority to reject work that does not conform to the contract documents. **The reasons for rejection should be carefully documented, and the owner should be kept informed of the situation**.
- The contractor must promptly correct work rejected by the architect or work not conforming to the contract documents, **whether discovered before or after substantial completion**. The contractor pays for the cost of correcting such work.
- If the contractor fails to correct work not in conformance with the contract documents, **the owner may order the contractor to stop the work until the issue is resolved**.
234
The contractor sealed a portion of the concrete floor with a premium sealer and polish instead of installing ceramic tile as shown in the drawings.
How should the architect respond when discovering this?
- The architect should respond in the following way:
-- **Discuss** this difference from the drawings with the contractor to understand why this occurred
-- Analyze the work to ensure there is **no conflict with code**.
-- Discuss the non-conformance **with your consultants, if necessary, and get their opinion**.
-- Discuss the non-conformance with the owner and **get owner approval**.
-- **Resolve** the non-conformance issue by settling any cost or schedule savings.
- **Lastly, the architect should never issue the certificate of substantial completion until all nonconformance issues are resolved**.
235
Decision to Withhold Certification [of Payment]
- The architect may withhold payment to the Contractor for the following reasons:
**-- Nonconforming work not correct
-- Work will not be completed on time
-- Repeated failure to correct the Work**
Architect should recommend to withhold payment until the Contractor has corrected the nonconforming work.
236
Owner's Right to Carry Out the Work
- The Owner also has the right to carry out and correct the work.
- If the contractor neglects to carry out the Work in accordance with the contract documents and **fails within a ten-day period after receipt of notice from the Owner to commence** and continue correction with diligence and promptness, then the **Owner may correct such work**.
- Such actions by the Owner and amount to be charged to the Contractor **are both subject to prior approval of the architect**. **These costs also include Owner's expenses and compensation for any additional services to the architect**.
- **If current payments and the remaining balance of the project are not sufficient to cover such amounts**, the contractor shall pay the difference to the Owner. If the contractor disagrees with these actions, or the amounts claimed as costs to the Owner, the contractor may file a claim.
237
Filing a Claim
- A claim is a demand or assertion by the contractor or owner **seeking payment of money, an extension of time**, an adjustment or interpretation of the contract terms, or other relief from terms of the contract.
- Claims must be made by **written notice to the other party and to the architect**. They also must be initiated **within 21 days** from the occurrence of what prompted the claim or within 21 days after the person making the claim **first recognized the problem**. Whoever makes the claim must substantiate it with documentation or other evidence.
238
Substantial Completion
- Substantial completion is the stage in the progress of the work when the work is substantially complete in accordance with the contract documents so that the owner can occupy or utilize the work for its intended use.
- **The contractor prepares and submits to the architect a comprehensive list of items to be completed or corrected prior to inspection known as punch list**.
- Upon receipt of contractor's list, the architect makes an inspection whether there are more item to be added to punch list.
- Contractor makes correction and completes the work if required so that the owner can utilize the work for its intended use.
- When work is substantially complete, the architect prepares a Certificate of Substantial Completion.
- **The contractor's contract schedule ends at substantial completion**.
239
Procedural Close-out Activities
- **substantial completion**
- **Warranties** required by contract documents **commence on the date of substantial completion**.
- **The certificate of substantial completion is submitted to owner and contractor for their written acceptance**.
- Certificate of **substantial completion also establish responsibilities of the owner** and **contractor for security, maintenance, heat, utilities, damages to work and insurance**
- **Schedule and list for all items further to be completed as per contract documents is also included with Certificate of substantial completion**
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Procedural Close-out Activities
- **Before authorizing final payment**, the architect must receive the following documents from contractor
**Upon receipt of contractor's notice for final inspection**, Architect make final inspection and issue Final Certificate of Payment if work is acceptable under the contract documents.
**Before authorizing final payment**, the architect must receive the following documents from contractor:
- An **affidavit** that payrolls, bills for materials and equipment and other **project related expenses have been paid**
- **A certificate proving that insurance required by the contract to remain in force after final payment is currently in effect**
- **A written statement** that the contractor knows of **no substantial reason** that insurance will not be renewed
- **Consent of surety to final payment**, if applicable
- Other data establishing payment or satisfaction of obligations arising out of the contract
- **All warranties, maintenance contracts, operating instructions, certificates of inspection and bonds**
- **All documentation required to be submitted with the application for final payment**
- **A set of as-built drawings**, if required by the owner- contractor agreement
- Extra stock of materials (attic stock) as called for in the specifications
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Procedural Close-out Activities
- **Final payment constitutes**
Final payment constitutes **a waiver of claim by owner except the claim involves**
- **Lien, claim, security interest out of the contract and unsettled**
- **Failure of the work** to comply with the requirements of contract documents
- **Terms of special warranties** required by contract documents
- **Audits performed by owner**
- Within one year after the date of substantial completion of the work, **if any work is found not in accordance with the contract documents, contractor should correct it promptly after the receipt of notice from the owner**.
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Continuation Sheet
- Continuation Sheet is itemized list of completed work and stored item.
- **The final payment request form is no different from previous payment request forms**. AIA Document G703 Continuation Sheets must be confirmed for final application for payment to be approved by the architect.
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Final Inspection
-The contractor sends a final application for payment, and the architect schedules and performs the final inspection.
- As a part of the work following the substantial completion date, **the contractor must also complete final cleaning, instruct the owner or owner's representatives in the operation of systems and equipment**, complete the keying for locks and turn keys over to the owner, and restore any items damaged by the contractor. If the specifications require the contractor to provide attic stock, or extra materials for future repairs, this material should be delivered and documented.
- The architect issues the final certificate for payment and the **entire balance due to the contractor, including retainage, is due and payable**.
- **Final completion is documented by the architect's issuance of the final certificate for payment**.
- **The architect's consultants may issue separate certificates of completion for their portions of the work**, such as electrical, HVAC, and so forth.
244
Additional documents architect should check
In addition, the following documents and activities should be checked by the architect:
**- Field Reports issued and on file
- Certificate(s) of substantial completion issued and on file
- Contractor's required closeout documents received and on file
- Final change order prepared, issued, executed, and on file
- Contractor warranty contact information on file
- All invoices paid
- All other completion-related documents finalized.**
_The architect's services may terminate_ **when the final certificate for payment is issued**.
In AIA Document Bl 01, Standard Form of Agreement Between Owner and Architect, construction administration services provided by the architect **_beyond the date of substantial completion are considered an additional service_**.
245
how many days earlier application for payment needs to be submitted
Applications for payment must be submitted at least **10 days** in advance of the scheduled payment date _according to American Institute of Architects (AIA) Document A201_
246
quasi-judicial
Quasi-judicial means “court like.”
247
Contractor's overhead and profit percentage
Overall, **overhead and profit can total 15% to 40% of construction cost**. In most cases, profit will range from 5% to 20% of the construction cost. Overhead ranges from 10% to 20%. Overhead can be divided into general overhead and project overhead.
**General overhead is the cost to run the contracting business, while project overhead is the money it takes to complete a particular job, not including labor, materials, or equipment.**
248
sub contractors aren't paid. what architect should do?
- discuss the situation with both the owner and the contractor.
- **notify the bonding company**.
- not authorize future payments to the general contractor until the matter is resolved.
249
contractor can stop work
The contractor does have the option to stop work upon the **only** owner’s failure to pay. **But they must provide 7 days written notice** to the owner and architect
250
Grade stakes
Grade stakes are used to indicate how much cut or fill is required at a specific location to reach finish grade. They are set by a survey crew and reset periodically during excavation to monitor progress.
251
transit
A transit is a surveying tool used to determine the elevations of points on a site. It is typically mounted on a tripod for stability. Transits can be as sophisticated as a laser level with a sight that “shoots” elevations using a prism, or as simple as a handheld scope.
252
Batter boards
**Batter boards are temporary supports** erected to hold wires or strings that indicate the excavation line for a building site. The corners of the building or limits of excavation are marked at the intersection of the lines using a plumb bob. Batter boards are set back from the **excavation line** and are preferred to corner stakes or pins placed at the corners of the structure because they will not be disturbed during construction operations.
253
Who does special inspection required by IBC
The owner (or the architect, acting as the owner’s agent) engages a qualified special inspection firm which has the ability to perform the required tests and provide supervision of the work as it progresses. This firm must be independent of the contractor. The owner is responsible for the costs of these services and tests. Section 1704.2 of the IBC notes that the owner or the owner’s authorized agent, other than the contractor, shall employ the special inspector. The special inspector cannot be hired by the contractor in order to prevent the test results from being manipulated in the contractor’s benefit, since the quality and workmanship of the contractor’s work is being inspected
254
Action submittals
- Shop drawings, samples, and **cut sheets** are examples of action submittals, **which must be reviewed and approved by the architect** before the work can proceed.
- Submittals are addressed in both American Institute of Architects (AIA) Document **B101**, Standard Form of Agreement Between Owner and Architect, Sec. 3.6.4, and AIA Document **A201**,
255
Written number vs figured number
**The written words prevail in any discrepancy between words and figures**. In this case, the words make the contractor the low bidder. A bid is a binding offer without regard to the process leading to its submittal.
256
Temporary structure
Temporary structures needed for construction are part of the means and methods and are not reviewed by the architect or design team.
257
Value engineering
Value engineering typically occurs in **schematic design and design development**. Completing that in the bidding stage of the project would require redesigning and re-documenting the project.
258
Change order and bond relationship
- The Performance Bond and Payment **Bond (Document A312) does not require that the surety be notified when change orders are issued**.
- **Non-AIA bond forms, however, may require such notification**. If so, this is usually the **contractor's responsibility**.
- **Change orders usually do not invalidate bonds, although increases in the contract sum may result in increased bond premium costs**.
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Before authorizing final payment, the architect must receive documentation of certain items.
- extra stock of **building materials**
- **warranties**
- **instruction manuals required by the specifications**.
- **all documents required with the application for final payment**
-- maintenance contracts,
-- a set of record drawings if required by the contract documents
- Lastly, the contractor must provide the **certificate of occupancy** as issued by the building department to the owner
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specification division
Division 01 — General Requirements
Division 02 — Site Construction (Existing Condition)
Division 03 — Concrete
Division 04 — Masonry
Division 05 — Metals
Division 06 — Wood and Plastics
Division 07 — Thermal and Moisture Protection
Division 08 — Doors and Windows
Division 09 — Finishes
Division 10 — Specialties
Division 11 — Equipment
Division 12 — Furnishings
Division 13 — Special Construction
Division 14 — Conveying Systems
Division 15 — Mechanical
Division 16 — Electrical
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Quality control
Quality control is the most basic form of quality regulating practice; it involves **carefully reviewing work before it leaves the office for distribution**.
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Quality assurance
Quality assurance is more in depth; work is checked for completeness and accuracy **during each part of the design process, rather than being reviewed only at the end before the work is distributed**.
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Total quality management
Total quality management is a **practice combining the intermediary checks of quality assurance with the comprehensive review of quality control**, with an added emphasis on an office-wide practice of quality work and **client satisfaction**.
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specification parts
- Part 1 of a specification outlines **general information**. This includes the **scope of the section, definitions, related sections, quality control requirements, submittals, and warrantees**.
- Part 2 outlines **materials** and includes lists and descriptions of **materials, products, and equipment used in the project**.
- Part 3 outlines the **execution, which describes the installation methods of materials and products**. There is not a fourth part to a specification.
265
architect's coordination with consultant
- architect doesn't coordinate with the of work of consultant. architect coordinates between consultant.
- consultant is responsible for their work coordinated with architect.
266
architect's site visit to observe/inspect/supervise/oversee?
It is important for the architect to make regular site visits to **observe the work and determine whether it is in accordance with the contract documents**. Since architects are not responsible for the means and methods of construction, **they should never be making site visits to inspect, oversee, or supervise the construction or the workers, as that is beyond their expertise**.
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CSI / ASTM / ANSI / ICC
- **The Construction Specifications Institute (CSI)** sets forth **standards for writing specifications** adopted by the building industry.
- **The American Society for Testing and Materials (ASTM/ASTM International)** develops technical standards for **evaluating products and materials**.
- **The American National Standards Institute (ANSI)** develops **standards for products, processes, and systems**.
- **The International Code Council (ICC)** develops the **International Building Code (IBC)** as a model building code to be adopted by other jurisdictions, which has become the industry standard.
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where project specific closeout procedures are found?
**Division 01 of the project specifications discusses general requirements for the project, including closeout procedures**. It differs from the general conditions outlined in American Institute of Architects (AIA) Document A201 and Document A101, which cover general information that is common to most every project, rather than project-specific information. **It is important for bidders to receive the closeout procedures, but they are supplied to prospective bidders as part of the specifications, not in AIA Document A701 with the instructions to bidders**
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contract modification means?
**Change orders and construction change directives, are used to modify the original contract**, and they are executed by an AIA Contract Document: **G701 - Change Order and G714 - Construction Change Directive**. Addenda are not modifications to the original contract because they were issued after the bidding documents were distributed but before the signing of the contract.
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labor cost
Labor costs typically represent **20-40** percent of the total construction costs
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how many days architect should respond about submittal's review?
According to contract document A201, General Condition of the Contract for Construction, the architect shall be allowed a **reasonable amount of time** to review submittals per section 3.10.2 of the contract. **In the practice, this is generally considered to be 14 weekdays**, but can vary depending on the complexity of the submittal.
2-PPI
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