33242798
Descrição
FlashCards por Kara Biczykowski, atualizado more than 1 year ago
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Criado por Kara Biczykowski
aproximadamente 3 anos atrás
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| Questão | Responda |
| 1) owner-arch agrmt - AIA Doc B101 2) owner-arch agrmt for a sustainable project - AIA Doc B101 SP 3) owner-contractor agrmt - AIA Doc A101 4) owner-contractor agrmt for a sustainable project 5) gen conditions of the contract for const. - AIA Doc A201 | 6) gen conditions of the contract for a sustainable project - AIA Doc A201 SP 7) supplementary & special conditions of the contract 8) arch-consultant agrmt - AIA Doc C401 9) arch-consultant agrmt for a sustainable project - AIA Doc C401 SP 10) consensus docs |
| 1) understandings about what arch does & client gives in return for services rendered (same for contractors, consultants, subcontractors) is formalized in: 2) although the arch is not a party to the owner-contractor agrmt, the docs making up the agrmt (AIA101 & B201) do: | 1) the "contract documents" 2) do assign responsibilities & roles to the arch, which means using the owner-arch agrmt w/ owner-contractor agrmt outlines role of arch & terms for compensation |
| OWNER-ARCH AGRMT AIA B101 "standard form of agrmt btwn owner-arch" 1) this doc includes: 2) 2 articles describe the arch's services for: | 1) provisions of agrmt & arch's scope of services specific to the project 2) basic services & additional services |
| 1) "basic services" describe the: 2) "additional services" include: 3) if add services are to be provided they must be noted in: 4) whether add services are part of original agrmt or arises as the project progresses, the arch may be entitled to: | 1) 5 traditional phases of a DBB project: SD, DD, CD, bidding/negotiation, CA 2) programming, building information modeling, LEED or oth sustainable bldg rating system certification, post-occupancy evaluation 3) AIA Doc B101 in the agrmt or an attachment 4) additional compensation |
| 1) Article 1 "Initial Information," req's the arch & owner to: 2) this info includes the: 3) which doc is optional for arch to use to help gather initial info? | 1) give certain info & assumptions about the project as known at the time of the contract's execution 2) project objective; site info; owner's program; the physical, legal, financial, & time parameters; key personnel for both the owner & arch 3) AIA Doc G612 "owner's instruction to arch" |
| 1) what is the intent of Article 1? 2) Article 1 states info may change, & if so: - the arch's responsibilities are explained in Article's 2, 3, 4 3) in Article 2 "arch's responsibilities," a Standard of Care excerpt req's the arch to: | 1) to encourage communication at beginning of project 2) the owner & arch are req'd to adjust sch, arch's services, arch's compensation appropriately 3) perform their services consistent w/ the level of professional skill & care ordinarily provided by arch's practicing in sim locations under sim circumstances as fast as possible, but meeting standard |
| 1) the arch must not take part in any activity or accept any employment, interest, or contribution that could: 2) Article 2 req's arch & owner to agree on & list types/ amts of: 3) bynd any insurance the arch carries, the owner must: | 1) reasonably appear to compromise the arch's judgment (ethical standards ch1) 2) insurance that the arch must carry, already listing gen./ automobile/ professional liability, workers' comp. 3) reimburse the arch for cost |
| 1) Article 3 "scope of arch's basic services" covers the: 2) the arch must coord. their services w/: 3) arch is entitled to trust all info & services provided by owner/owner's consultants is: | 1) struct, mech, elec eng. services the arch customarily provides 2) those provided by thw owner & owner's consultants 3) complete & correct, but if arch does notices anything that's not, they must notify owner promptly in writing |
| 1) after the agreement is signed the arch must prepare a: 2) ^ this doc must include: | 1) sch for the performance of their services & submit it for owner's approval 2) time for the owner's review, the performance of the owner's consultants, the approval of submissions by authorities having jurisdiction, & expected dates for start of const. & substantial completion |
| 1) once the owner approves the sch, the time limits: 2) Article 3 also req's the arch to consider enviro responsible: | 1) cannot be exceeded by either arch or owner except w/ reasonable cause 2) design alts during the SD phase via mat. choice, bldg orientation, etc |
| OTH PROVISIONS - ARTICLE 3 1) "project admin services" states the arch must manage: 2) project admin services include: 3) progress reports are writings that keep the owner informed of project's status like: | 1) their own services & administer the project 2) consulting w/ the owner, researching design criteria, attending project meetings, coord. both the arch's & owner's consultants, issuing progress reports 3) copies of correspondence, memos detailing project progress, arch's field reports, meeting minutes, etc |
| 1) the project sch is not the (__) sch which: 2) the project sch includes: | 1) const. sch which is prepared by contractor & runs from commencement of const. to date of substantial completion 2) estimated milestone dates for decisions req'd of owner, services of arch, time req'd for govt & oth approvals, completion of docs by arch, commencement of const. & substantial completion |
| 1) the arch must also consider alt's to: 2) the arch must make presentations to: 3) arch must submit what to who: 4) arch must assist owner in filing doc's req'd for: | 1) bldg mat.'s & systems 2) the owner 3) design doc's to owner for evaluation & approval 4) governmental authorities |
| OTH PROVISIONS - ARTICLE 3 1) "evaluation of budget & cost of work" states the arch must prepare a: 2) a cost estimate should be routinely compared w/: 3) if estimate exceeds the budget, the arch must make recommendations to owner to adjust: | 1) prelim estimate of cost of work & refine it as design work progresses 2) the owner's budget 3) the project's size, quality, or budget, & owner must cooperate w/ arch in making adjustments |
| 1) neither arch or owner can guarantee bids or negotiated prices will vary from: 2) only the (___) can guarantee prices | 1) owner's budget or any estimate arch made 2) the contractor |
| OTH PROVISIONS - ARTICLE 3 1) "evaluation & planning services" states the arch must provide a: 2) in the arch's evaluation they should compare: 3) arch should notify owner of any impacts that (___) may have on project | 1) prelim evaluation of info furnished by owner like site, program sch, budget, proposed method of contracting for const. 2) balance btwn quality, cost, time 3) budget, sch, site, contracting method |
| OTH PROVISIONS - ARTICLE 3 1) "design services" covers gen. what is involved in: 2) at the end of ea. design phase the owner's: 3) when SD is presented, the owner is not obligate to approve scheme if: | 1) design phases of SD, DD, CD production (bulk of arch standard services) 2) approval is a precondition that must be received before arch can begin work on next phase 3) it fails to match agreed-upon program, budget, time frame, but should work w/ arch to make revisions |
| 1) during the CD phase the arch must assist owner w/: 2) during the CD phase the arch must make clear/remind owner they're not: 3) the owner-contractor agrmt must be drafted by: | 1) development & preparation of bidding doc's & the conditions of the contract for const. 2) providing legal services to owner & are NOT a party to the owner-contractor agrmt 3) owner's attorney or oth authorized rep. |
| OTH PROVISIONS - ARTICLE 3 1) "const. procurement services" states the arch must assist owner in this phase by: 2) ^in order to perform these tasks the arch is: 3) the arch produces the: | 1) obtaining competitive bids or negotiated proposals & must assist in awarding the contract & preparing contracts for const. 2) authorized to act as an agent for the owner |
| 1) as part of const. procurement services the arch produces the: 2) sim req's are defined if the project is negotiated w/ a: | 1) bidding docs & distributes them, considers requests for substitutions, holds pre-bid conferences, answers questions, prepares addenda, participates in the bid opening 2) contractor (ch49 for more on bidding) |
| OTH PROVISIONS - ARTICLE 3 1) "contract admin services" states arch must make: 2) the arch must keep owner informed of progress & strive to protect: 3) the arch isn't req'd to make exhaustive or continuous: | 1) site visits at intervals appropriate to the stage of const. to gen. determine when completed if the project will be in accordance w/ the contract docs 2) owner against defects 3) on-site inspections |
| OTH PROVISIONS - ARTICLE 3 - GEN 1) the arch is not responsible for what in relation to the const: 2) ^this is b/c these provisions fall under AIA Doc: 3) ^ the only time the arch is, is when they: 4) the owner & contractor are supposed to communicate through: | 1) means of const., bldg techniques, safety precautions 2) A201 "Gen Cond. of the Contract for Const." (NOT the B101) - see ch50 for more of arch's role in const. admin 3) specify means & methods of const. 4) the arch, same for communications by/w consultants & contractor's subs |
| OWNER'S RESPONSIBILITIES 1) B101 states owner must provide arch w/ certain info like: 2) owner may request arch assistance to develop program as an: | 1) a program that defines owner's objectives, sch, budget, constraints, design criteria (space req's + relationships), special equip., systems, site req's 2) additional service w/ additional compensation - which should then be listed in the agreement |
| 1) owner must supply the services of: 2) owner must supply land surveys to describe the: 3) as an expansion of the arch's standard services, the arch can assist owner in procuring these services ^ under AIA Doc: | 1) consultants or authorize arch to supply these services as a change in services 2) legal limits of the site, grades, locations of utilities, easements, right-of-way, & oth aspects of a standard survey 3) AIA Doc G601 "Request for Proposal - Land Survey" |
| 1) the owner must supply services of a geotechnical engineer; these services may include: 2) the arch is entitle to rely on the (__) of these geotechnical services ^ 3) the arch may assist owner procuring these services/coord. info under AIA Doc: | 1) test borings, determinations of soil bearing values, percolation tests, evaluation of hazardous mat.'s, oth investigations necessary for site & project 2) accuracy 3) G602 "Request for Proposal-Geotechnical Services" |
| 1) the owner also has certain responsibilities regarding site info & geotechnical engineering services under the terms of the: 2) owner must supply all (__) req'd by law or contract docs which can include: 3) owner must also supply: | 1) Gen Cond. of the Contract for Const AIA Doc A201 2) tests, inspections, & reports /// structural, mechanical, chemical tests, pollution or hazardous mat.'s 3) insurance, legal, & accounting services |
| TERMS & COND'S OF THE CONTRACT 1) "instruments of service" are considered: 2) instruments of service (IOS) retain what legal weight? 3) under the terms of the agrmt, arch grants the owner a license to: | 1) dwgs, spec's, oth docs (electronic form too) whose authors/ owners are the arch & arch's consultants 2) all common law, statutory, & oth reserved rights like copyrights 3) use the IOS exclusively for constructing, using, maintaining, altering, & adding to the project |
| 1) IOS license is terminated if the arch rightfully: 2) unless either arch or owner terminates agrmt for cause, the owner retains: 3) if owner uses IOS w/out retaining the arch, the owner agrees to: | 1) terminates agrmt for acceptable causes stated in agrmt 2) the license to use the IOS after completion of the project 3) release & indemnify the arch + consultants for all claims & causes of action arising from such uses |
| 1) "waiver of consequential damages" states that both the arch & owner: 2) "hazardous materials" states the arch & their consultants have no responsibility for: | 1) waive consequential damages, which limits claims to damages resulting directly from a breach of the agrmt 2) the discovery, presence, handling, removal, or disposal of hazardous mat.'s like asbestos, PCBs, oth toxic substances, nor the exposure of persons to these |
| 1) "third-party claims" Section 10.5 of AIA Doc B101 states "nothing contained in this agrmt shall create a: 1a) ^this provision is in support of "privity," which is the principle that a contract cannot be used as the: 1b) ^no one but arch or owner can sue to: | 1) contractual relationship w/ or cause of action in favor of a third party against either the owner or arch." 1a) basis of legal claim except by those who are parties to it 1b) enforce the agrmt or to claim damages based on it |
| 1) "causes of action" states any claim or cause of action taken by either arch or owner against the oth must be: 1a) "statute of limitations or statute of repose" is where ea. state defines: | 1) initiated w/in a time period prescribed by applicable law (gen of project's state), & never +10 yrs after date of substantial completion 1a) the period of time w/in which a claim must be filed - can be longer than gen claims b/c it takes awhile for const. defects to show up |
| 1b) ^statute of limitations gen begins at the time the problem/injury is: 1c) ex - client discovers leaky roof 2yrs after substantial completion, & state law has 5yr statute of limitations, the claim can be filed up to: | 1b) first discovered 1c) 7yrs after substantial completion |
| 1) "waiver of rights" clause (aka waiver of subrogation) is a waiver of: 1a) ^it means the arch & owner cannot: 1b) the waiver prevents the insurance co. from: | 1) damages that are covered by property insurance during const. 1a) sue ea. oth for damages if they're covered by property insurance, as is req'd by owner-contractor agrmt 1b) suing any principal participants in project to recover what has been paid for an insured loss (arch, eng, consultants, contractor, subcontractors) |
| 1) "right to photograph" states the arch has the right to photograph the project &: | 1) include photos or oth artistic rep.'s of the design in the arch's promotional mat.'s unless the owner has specifically notified the arch in writing that something or all is confidential or proprietary info - otherwise the owner must give reasonable access to completed project for photography |
| 1) "termination" states either party can terminate the agrmt w/ no less than: 1a) the arch is able to suspend services w/in 7 days of writing if owner fails to: 1b) if the owner suspends work or terminates the agrmt, the arch must be: 1c) the owner may terminate the contract giving 7 days written notice w/out: | 1) 7 days written notice if the oth party fails substantially to perform according to the terms of the agrmt 1a) make fee payments when due 1b) compensated for services performed prior to termination/suspension 1c) cause & for the owner's convenience |
| COST OF THE WORK 1) "cost of the work" includes cost of: 2) costs are figured at: 3) costs such as (__) are not included b/c they're the responsibility of the owner & are part of the overall project budget | 1) labor & mat.'s provided by the owner & items specified/designed by the arch like mgmt or supervision of const. provided by a separate const. manager or contractor, & a reasonable allowance for overhead & profit 2) current market rates 3) prof. fees, land cost, financing cost, oth cost like land surveys |
| 1) the arch doesn't guarantee that bids or negotiated costs will accord w/: 2) the arch must adhere to the 3) if the lowest bid or negotiated proposal is greater than the budget, the owner has 5 options: | 1) the owner's budget or any estimate that the arch has prepared 2) owner's budget 3a) increase budget 3b) authorize rebidding or renegotiation 3c) terminate the project 3d) cooperate w/ the arch to revise the project's scope or quality 3e) implement some oth mutually acceptable alternative |
| 1) if owner decides to revise the project, the arch must revise any docs they're responsible for w/out: 2) ^this means the arch should reg. check that expected costs of design: 3) ^the arch can suggest the owner hold a portion of available funds in reserve to: | 1) additional compensation 2) accord w/ the available budget 3) cover unforeseen increases in const. prices |
| ADDITIONAL SERVICES 1) Article 4, Section 4.1 of AIA Doc B101 gives a list of add' services that may be added to the arch's responsibilities including: | 1) programming, preparing measured dwgs of existing facility, bldg info modeling BIM, landscape design, interior design, on-site project representation, post-occupancy evaluation, security evaluation & planning, LEED or oth sustainable rating certification, historical preservation |
| 1) ^the arch is not responsible for these services unless: 2) if arch provides one of these add' services, they're entitled to: - ea. service the arch will provide is described in more detail in Sec.4.2 of B101 or in an exhibit attached to agrmt | 1) specifically indicated in this section of agrmt 2) compensated by the owner (additional) |
| B-series AIA docs (additional services) "Standard Form of Arch's Services" 1) B202, " " Programming 2) B203, " " Site Evaluation & Planning 3) B204, " " Value Analysis, for use where the owner employs a Value Analysis Cons 4) B205, " " Historic Preservation 5) B206, "" Security Evaluation & Planning 6) B207, " " On-Site Project Represent'ion | 7) B209, " " Const. Contract Admin, for use where the owner has retained another Arch for Design Services 8) B210, " " Facility Support 9) B211, " " Commissioning 10) B212, " " Regional or Urban Planning 11) B214, " " LEED Certification 12) B252, " " Architectural Interior Design 13) B253, " " Furniture, Furnishings, & Equipment Design |
| ADDITIONA SERVICES NOT IN AGRMT - Section 4.3 of AIA Doc B101covers 2 situations that arch must provide services not specifically listed: *1st - Sec. 4.3.1 of B101 - services include: 1) making changes to initial info, previoius instructions, or approvals given by owner | 2) making mat. changes in project, such as to the owner's sch, the budget, delivery method, size, quality, or complexity of project 3) fulfilling owner's request for extensive enviro responsible design alts including LEED or oth certification programs 4) making changes to instruments of service already prepared b/c of changes in codes, laws, or regulations |
| 5) preparing digital data for transmission to the owner's consultants & contractors 6) preparing design & doc's for alt bid or proposal requests by owner 7) preparing for & attending public presentations, meetings, or hearings 8) preparing for & attending dispute resolution or legal proceedings (unless arch is a party) | 9) evaluating the qualifications of bidders or persons providing proposals 10) assisting the initial decision maker (IDM-person named in agrmt to render initial decisions on claims & to certify termination of the agrmt), if someone oth than arch |
| 11) any service that has become necessary b/c the owner failed to make a decision in a timely manner, or due to any oth failure of performance by the owner or owner's consultants | - when arch sees any of these services are needed, must promptly notify owner & explain circumstances, but shouldn't proceed until the owner has given authorization in writing |
| - 2nd - Sec 4.3.2 B101 - covers times when arch must provide additional services to avoid a delay in const. & arch may begin services & notify owner promptly explaining why services are needed - owner may decide all or part of services are needed & should promptly notify arch in writing - not obligated to compensated arch for unneeded services | - services in this category include: 1) reviewing a contractor's submittal out of sequence from the original submittal sch 2) preparing change orders & const. change directives that require evaluation of the contractor's proposals & supporting data |
| 3) responding to the contractor's requests for info (RFI) in cases where they haven't been prepared according to contract docs or the contractor could have found the info from the contract docs, from oth info provided by owner, or from correspondence & documentation from a prior project 4) evaluating extensive number of claims | 5) evaluating substitutions proposed by the owner or contractor & making subsequent revisions to the instruments of service 6) providing const. phase services 60 days/+ after the expected date of substantial completion given in the initial info, when this affects the arch's basic services |
| OWNER-ARCH DISPUTE RESOLUTION 1) Article 8 of B101 describes: 2) what strategy must be tried 1st when one party begins a claim or cause of action 3) no dispute resolution proceedings whose outcome would be binding may be held before at least: | 1) how disputes are to be handled 2) "mediation" - a process where a neutral 3rd party helps the disputing parties negotiate a settlement using rules est by the American Arbitration Association (AAA) 3) 60 days from the date the request for mediation was filed in hopes an agrmt can be reached in that time period |
| 1) parties to mediation share (__) & may not seek: 2) arch & owner must decide what method (like arbitration/ litigation) to use if mediation fails when: 3) "arbitration" is a: 4) 1/+ arbiters w/ experience in const. industry will hear arguments of both parties & then: | 1) costs involved / oth forms of binding dispute resolution unless mediation fails 2) writing the contract & specify it in B101 Sec 8.2.4 3) formal, legally binding process for resolving disputes w/out litigation 4) give a decision which is binding according to rules est by AAA |
| 1) demand for arbitration cannot be made: 2) arbitration cannot be made beyond: | 1) before a request for mediation has been filed (but can be at the same time as filing) 2) the time indicated by the applicable statute of limitations |
| COMPENSATION METHODS - Article 11 of B101 "compensation" - parties specify how the arch will be paid 1) "stipulated sum (fixed fee)" - the owner pays the arch a: 2) w/ a stipulated sum the arch much accurately estimate what: | 1) fixed sum for a specific set of services, typ monthly according to the % of completion of the 5 basic phases of service 2) cost for the office to do the job & still make a profit |
| 3) arch's fee doesn't include: 4) Section 11.8.1 lists reimbursable expenses which include: | 3) reimbursable expenses - paid by arch that are directly related to the project but reimbursed by owner in addition to fee 4) postage, reproductions, transportation/ travel expenses, project specific communication costs, project websites, project insurance, renderings, models |
| 1) "cost plus fee" (C+F) - arch is compensated for the actual expenses of doing the job plus: 2) actual expenses include: 3) "C+F multiple of direct personnel expense" approach means the salary of employees is determined & multiplied by 4) then the multiplier is increased to include: | 1) a reasonable fee for profit 2) salaries, employee benefits, direct expenses, office overhead 3) a factor to acct for normal & req'd personnel expenses like taxes, sick leave, health care, etc 4) provisions for overhead & profit |
| 5) ex - an employee personnel expense is $30/hr & multiplier is 2.5, then cost to client is (__) for that person 1) "C+F multiple of direct salary expense" (aka net multiplier) method is sim but the multiplier is: 1) "C+F hourly billing rates" method means the multiplier is: | 5) $75/hr 1) larger to provide for employee benefits 1) built into the hourly rate meaning the client sees only one # for ea. type of employee working on the project (variation of this method is "not to exceed" amt given) |
| 1) "percentage of const. cost" method means the prof. fee is a: 2) not as popular as oth methods anymore b/c from the owner's viewpoint it appears: 3) from the arch's viewpoint: 1) "unit cost" method means fees are based on a: 2) this approach works well for projects | 1) fixed % of the cost of const. 2) to give the arch incentive to keep the cost of const. high 3) a low-cost project can req just as much work as an expensive project, sometimes more 1) definable unit like sq ft for work like tenant planning in a leased bldg or per-house basis in a large resi project 2) w/ a lot of repetition |
| 1-3) factors to consider when choosing a compensation method include: | 1) method should compensate arch fairly for req'd work & value of prof. service 2) allow for the rising cost of providing services (esp w/ long duration projects) 3) client should be comfortable w/ method & understand where the $ is being spent |
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