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- O-C agreement
- General Conditions
- Supp. Conditions (if any)
- Addenda, any docs, and Modifications issued after execution of the contract.
Every project is different, each faces unique problems
used in Fast Track Construction
- where work starts before all design is done or ready to be priced
CM needed if A. cant coordinate it all
Some advantages to this type of project delivery method are:
The following are all common methods for establishing what:
O. pays actual cost of constr. (direct plus indirect) + a Fee (agreed to bf constr. begins.
- (Fast Track- delivery method)
cost plus fee
Used mainly in commercial construction
- usually on cost reimbursable basis
Joint Venture - two companies (design and contruction) join to for a project
-schedule; a) owners review b) owners consultants c) authority approval.. time limits cannot be exceeded!!
-A. must remain confidentiality
- no activity impairing judgement
- A. rely on O. provided info. (program, etc.) report errors
-A. services: Design and Contract Administration
-- PROJECT ADMIN. SERVICES: coordination of all, schedule, consultants, reports, documents, submittals to O. and authorities, design
-- EVALUATION OF BUDGET & COST OF WORK:
-preliminary cost estimate, update it, refine it, thru end of constr. docs. compare with O. budget, make reccommendations to O. to adjust, - size, quality, or budget, O. must cooperate with A.
- Estimates/bids are not firm- soft only C. guarantees prices.
-- EVALUATION & PLANNING: A. evalutation of O. prov. info-- review for balance b/n the : Quality, Cost, & Time. notify O. of impact of their budget, schedule, site, method of contracting may have on project.
--DESIGN : SD, DD, CD-end of CD's A. must assist O. with Bid Docs & conditions of Contract.
- By assisting --A. is NOT a party to O. - C. Aggrmnt!
-- CONSTRUCTION PROCUREMENT: A. "assists" O. in obtaining comp. bids. & assists in awarding contract & preparing contracts for construction.
- A. prepares Bid Doc.'s, , distributes, considers request. for substitution, holds pre-bid conf. , answ. q's.,
--CONTRACT ADMIN.: AIA B141 outlines the services
A. must make site visits- tell O. progress, according to contract., report to O. , but not req. to make exhaustive, or continuous on-site inspections.
O. & C., also Consultants are to communicate thru. A.!
Representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. (B141)
can either 1. increase budget
2. authorize rebidding/renegotiation
3. terminate project
4. cooperate in revising scope/quality--A. must revise CD's without add, fee (Value Engineering)?
Can be changed after, but must be in writing by both O. & A., valid add. compensation (other than A. screwup) :
- O. instruction changes
- Code Rev.
- O. late decisions
- Significant change in size, quality, complexity, O, sched., budget, procurement method.
- O. or O, Consult./Contr. failure
- Prep for pub. hearings, attendance, dispute resolutn, legal proceedings..
- Changes in first acticle of Agmnt B141,
Included in part two of B141:
-review of out of sequence. C. sbmtl.
- RFI- when its right there in CD's.
-Chg. Ords./ cnstr. change directives req. eval. of proposals
- Consulting relating to replacement of work caused by fire or other factors.
-Excesive # of claims by O's Cnslt., C., or others
- Eval. of subst. proposed by O. Cnslt. , C, & req. rev. to cd's/spec,
- Bid. Alt- prep& doc. req. by O.
- CA after 60 days after subst. compl.
ALSO: Not typ. provided unless requested by O.:
-programming, economic feasibility studies, site analysis and selection, landscape design, tenant planning, int. design, on-site proj. representation, CM, prep of record dwgs.
resolve out of court
accordance with AAA
Stipulated Sum (fixed fee)
-fixed amount, for set services, paid out mnthy+riemb.
Cost Plus Fee
- act exp. (salrs, empl. bnfits, direct exp. ovhd)+prof.
- mult dir. psnl (hourly rate x multiplier) 30x2.5
- Mult. of dir. slry exp.=(hrly rate x lrgr multplr)
- Hourly Billing rate (same as abv. just show O. 1 #
% of Constr. Cost:
- not used as much as used to-- O. could think your raising constr. cost incr. fee,
-A. disadvantage if proj comes in lower, as much work as complex proj.
Unit Cost: - based on definable unit, ex, sf. of building, like tenant planning in a leased building, or per house in a lg. res. project.
based on method of compensation of C. .... A101. (stipulated sum)
many provisions of A101used in other agreement types, used in non AIA agreements b/n O. & C.
-can use if quantity is not set at time of bid
-when changes, or additions to bid.
-can be used to determine if you want to do more or less, or make the change
-ex.) excavation, retooling/plaster work SIC, Selma
THE ARE RESPONSIBLE FOR PROVIDING OR OBTAINING SHOP DRAWINGS FROM SUBCONTRACTORS AND MANUFACTURERS. THEIR APPROVAL AND SUBMITTAL OF SHOP DRAWINGS TO THE ARCHITECT REPRESENTS THAT THEY HAVE REVIEWED AND VERIFIED THE USE OF APPROPRIATE MATERIALS, PROPER FIELD MEASUREMENTS, FIELD CONSTRUCTION REQUIREMENTS, AND HAVE COORDINATED THE INFORMATION CONTAINED IN THE SUBMITTAL.
THIS APPROVAL IS TO BE DONE IN A TIMELY MANNER SO AS NOT TO DELAY THE PROGRESS OF THE WORK. DEVIATIONS FROM THE CONTRACT DOCUMENTS MUST BE CALLED TO THE ATTENTION OF THE ARCHITECT IN WRITING AND REQUIRES SPECIFIC APPROVAL FROM THE ARCHITECT. ARCHITECTURAL APPROVAL OF THE SHOP DRAWINGS DOES NOT RELIEVE THE CONTRACTOR OF THE RESPONSIBILITY OF ERRORS OR OMMISSIONS. (SEE AIA DOCUMENT A201)
what is the difference between the Work and the Project?
WHICH PART OF THE CONSTRUCTION DOCUMENTS ALLOWS THE OWNER TO TAILOR THE COST OF A PROJECT?
A) OPEN SPECIFICATIONS
C) CONTINGENCY ALLOWANCE
AS PART OF THE BIDDING DOCUMENTS, ALTERNATES REQUIRE THE CONTRACTOR TO PROVIDE OPTIONS IN THE SELECTION OF MATERIALS, THE LEVEL OF QUALITY, OR THE ADDITION OR DELETION OF WORK. THE ALTERNATES ARE REFLECTED IN THE VARIATION IN PRICE FROM THE BASE BID AND GIVE THE OWNER A CHANCE TO ALTER A PROJECT IN ORDER TO CONTROL CONSTRUCTION COST.
states that the material and workmanship is quality, no defects, and conforms to rqrmt. of contract documents.
- separate & distinct from 1 yer correct. period
-must also pay taxes for work
set amount of $ est. by A. covering a material/equipment. when undeterminable at time of bid.
-shall cover all costs to C. for itemdelivered to site & taxes.
-C. has to add labor and O/P
-if these costs are +/- than orig. est. -- contract sum is adj. by Change Order.
· Record Drawings – provided by the contractor, reflect changes made during the course of construction by the contractor
· Record Specifications – the set of approved shop drawings, usually required to complete record document package delivered to the owner
Closeout Submittals include:
a. Product data
b. shop drawings
d. Record Documents
article in Gen. Cond. A201, on shop dwgs, data, samples, sometimes requires C. to get proff. services for design, engineering... and certification by professionals.
-allows the use of Performance Specs for materials, or for C. to select best, and methods..
ex.) proj. required C. to build specialized temp. bracing..needs an eng. to design it.
hold harmless clause--
-C. will h,h,c, the O. and A. +Consultants and agents against claims, damages, expenses arising from performance of the work.
- Does not relieve A. liability for errors in dwgs. , specs., or admin. of contract.
- To indemnify is to secure against loss or damage.
Clause intended to protect O. & A. against when a person gets injured, or from property damages, vs the work itself.
-Site Visits / Obsvr.
-A. not rliable for means, methods of contr.
- A. has authority to reject work, but cant stop it, has to tell O. and C.
-Review / process shop dwgs.
-Change Orders (min. changes that do not adj. the contract sum & time, that are consist. w/ contract)
-interprets- decides on issues O. and C. request.
-A. aesthetic decisions are FINAL.
-A. resolves claims,/disputes, if cant -- mediation.
General Conditions changes in the work
-by Change Order
-construction change directive
-minor change in the work
-written agreement btn O.A.C. concearning extent, cost and time.
-issued after the execution of the contract.
-change in construction time and sum can only be changed by a change order
-claim by one party against the property of another for a debt.
-common method for A., C., material supp. to gain payment.
-if prop. has ml. it cannot be sold, or transferred untile lien is diposed of. except through foreclosure.
-if sub files lien on prop. bc C. did not pay, O. is responsible payment
-if lien is not paid prop. can be foreclosed by lien holder, lender, or taxing entity.
-O. protected by gen. cond. "release of liens" - C., & affidavit of release, (AIA form----)
Insurance & Bonds
At beginning of project A. should write O.... -reminding them of their responsibilitis under the terms of the agreement and requesting they go over with legal and ins. advisors the type and amount of coverage
-O. needs liability ins. covering any losses or damages duting constr.
-O. prop. ins. covers fire, theft, vandalism, & other hazards.
- must be for all perils
-must be for the full amount, contract sum + any modifications.
-A. verify C. has Certif. of Ins. bf issuing C. Cert. of payment!
Bond: O. has right for C. to carry bond covering faithful performance of the work. ofen called Surety Bonds.
- surety-bonding co. agrees to be responsible to the oblige - which is the O. for defaults of the third party, the Principle, (C.)
O. has right to have someone else do the work. O. gives C. 7-day written notice, or else O. hires someone else, then another 3-day written notice to C.
-O. can choose to also accept nonconforming work, so long as it meets code reqts. > must be done via change order.reduce contract sum.
Both O. & C. can term. contract....
C. : can if:
-stopped work 30+days when there is no fault by C. for any of:
- court order, act of gov't., failure of A. to give cert. of payment w/o giving a reason, repeated susp. by O., O. not providing evidence of ability to financially pay.
- 7 days written notice is req'd.
0.: can if: A. cert. that suff. cause exists for :
- C. fails to have enough skilled labourers & material,
fails to make payment to subs, unlawful, breach of cd's.
-O. also can stop/susp work for no reason at all.
-Amendments/ Revisions to the AIA General Conditions, Doc A201
-purpose: bc of unusual/special circumstances or to accomodoate specific project requirements.
-ex: Contractor required to purchase property insurance, rather than the owner-- so, include cost in the bid price= adds risk to Contractor.
-may restrict the Contr. to certain working hours or to certain portion of the site.
Part of the contract documents, other than general and supplementary conditions, describing unique conditions of a project
public projects have to be competitive bid. awarded lowest price, with qualifications...
Negotiated O. selects, one, or interviews a few.
These supplements to the bid forms will be found in the bidding requirements portion of the project manual.
-provides a practical way to inform contractors about unique/special aspects of a project.
-only the Arch. understands the rationale behind all elements of the CDs.
-gives an opportunity to explain the design intent, discuss anticipated results w/ contractors.
-answers to q's must be formalized in an Addendum to become part of the Bid Docs.
OFFICIAL PROCESS IN WHICH SEALED BIDS ARE OPENED, USUALLY IN THE PRESENCE OF ONE OR MORE WITNESSES, AT THE TIME AND PLACE SPECIFIED IN THE INVITATION FOR BID
--don't accept a bid if its late, unless none of bids have been opened yet.
-contractor request for a substitiution for a material specified.
-often happens with proprietary specs.
- a base bid with alternates is a type of specification that calls out a proprietary product but allows the subst. of other products the C. thinks are equal.
3. A. to revise scope to reduce cost, (A. does so w/o add. fee :( )
- ALTERNATES- used as a good way to give options, , can delete and substitute alternative materials to reduce cost. these are bid along with the Base Bid, so O. & A. can easily see ramifications of selecting
4. abandon ship!
According to the A701, bids that have previously been withdrawn, may be resubmitted if they are in full conformance with Instructions to Bidders.
(True or False)
1. consideration of bids (process for)review/eval. by A., O. has right to reject/accept + alt.(in any order)
If successful bidder req. it O. prov. evidence of financial arrangements to fulfill obligations, no less than 7 days prior to the exp. of time for withdrawls.
-changes to specific parts of CDs/specs that allow owner to tailor bid proposals to fit avail. funds, or allow a choice betwn alternative materials/eqpt.
-can be additive (preferred) or deductive from base bid.
-owner shouldn't select alternates merely to manipulate the bidding process to give one bidder an advantage at the expense of the others.
DURING THE BID PHASE, A BIDDER FINDS TWO DIFFERENT DETAILS FOR THE SAME CONNECTION. WHAT IS THE CORRECT COURSE OF ACTION?
A) PROVIDE A BID PRICE FOR THE LESS EXPENSIVE DETAIL.
B) PROVIDE A CONTINGENCY ALLOWANCE.
C) NOTIFY THE ARCHITECT.
D) INCREASE THE BID TO COVER BOTH OPTIONS.
C) NOTIFY THE ARCHITECT
THE DISCREPANCY SHOULD BE BROUGHT TO THE ATTENTION OF THE ARCHITECT IN WRITING. THE ARCHITECT SHOULD INTERPRET THE CONFLICT AND DETERMINE WHICH DETAIL IS APPROPRIATE. THEN, THE ARCHITECT SHOULD ISSUE A WRITTEN ADDENDUM TO ALL BIDDERS FOR CLARIFICATION. THIS WILL ALLOW THE CONTRACTORS TO BID MORE ACCURATELY.
contractor can sometimes use these to appear as the low base bidder, by inflating many allowances to cover costs of work.
-- These need to be separated out in order to get hard costs so that A. can compare bids apples to apples...
--also: not a time to change design, only minor twks
-- also... A. required to keep Submittal Log, with transaction dates, name. identification of submittlas
1. Schedule a meeting with the contractor and owner
2. Find out if the owner is willing to accept the non‐conforming work
3. If the owner accepts non‐conforming work, issue the decision in writing to all parties.4. If the owner does not accept the non‐conforming work, let the contractor know that if he refuses to correct the work, the owner can have another contractor correct the work and deduct that amount from monies due the contractor
* copies sent to O & C. , A. not resp. for exh. & continuous visits/reports
** Architect decision is final and binding! BUT subject to Mediation and Arbitration
2. Claims for concealed or unknown conditions
Payments made by the owner to the contractor during progress of the work on account of work completed , against the contract sum, and/or materials suitable stored.
DEFINED ACCORDING TO THE REQUIREMENTS OF THE CONTRACT DOCUMENTS; FINAL INSPECTION, FINAL PAYMENT, SUBMITTAL OF DOCUMENTATION, AND ACCEPTANCE OF THE CONSTRUCTION PROJECT. AS THE PROJECT COMES TO AN END, IT IS NECESSARY FOR THE ARCHITECT TO FINALIZE OUTSTANDING BILLING, COLLECTIONS, PROJECT FILES, AND CREATE THE PROJECT ARCHIVE.
SOMETIMES CALLED SUBSTANTIAL PERFORMANCE, THIS IS THE DATE IN THE PROGRESS OF A PROJECT WHEN IT IS SUFFICIENTLY COMPLETE, ACCORDING TO THE CONTRACT DOCUMENTS, AND THE OWNER MAY OCCUPY ALL OR A PORTION OF THE PROJECT FOR ITS INTENDED USE.
TYPICALLY, THIS IS THE DATE USED FOR THE CERTIFICATE OF OCCUPANCY AND IT IS ESTABLISHED WHEN THE ARCHITECT, CONTRACTOR, AND OWNER SIGN THE CERTIFICATE OF SUBSTANTIAL COMPLETION (AIA DOCUMENT G704).
WARRANTIES GENERALLY BECOME ACTIVE ON THIS DATE, THE FINAL APPLICATION FOR PAYMENT IS PROCESSED, AND THE CONTRACTOR IS DUE THE CONTRACT SUM, LESS THE VALUE OF THE UNFINISHED WORK. AT FINAL COMPLETION THE CONTRACTOR RECEIVES THE FINAL PAYMENT.
the contract sum, less the amount of incomplete work and retinage
-AIA G704 Certificate of Subst. Compl to establish the DATE of SC; defines security, maint., heat, utilities, liabilities provisions; establishes time limit for completion.; Contr. is required to prepare PUNCH LIST; Arch inspects work (vs. observe) to see if conforms to CDs.
-Owner may prefer to delay date of SC so won't have to reduce retainage/lose use of those funds
-Contr. wants SC ASAP to receive retainage funds.
-Arch must remain neutral/objective on SC date.
** if work is not complete -- O. can occupy part of work bf cert. of subst. compl. is issued
** A. services are done - CA,- when final certificate for payment is issued, is more services = change in service. (add service)
what are three architectural office organizations?
It involves 3 parties:
- A principal
- An agent (who has been authorized by the principal to act on the principals behalf)
- A third party, who enters into a contract with the principal
** ex.. why change orders must be signed by O. & A. conveying agreement of info.
in what ways are duties established for architect's?
How can an architect limit exposure to liability through good risk management?
where is the indemnification clause or "hold harmless clause" located at in the Contract for Construction?
Professional Liability- malpractice..errors & omissions, causing bodily harm, excl. intentional..
General Liability- protects against claims of propert damage, liability, personal injury caused by arch. or employees or consultants.
Property Insurance: protects A. building& contents against nat. disasters/theft even if off. space is rented.
Personal Injury: protects A. against slander, libel, def. of character, misrepresentation, and other torts (tort - civil wrong causes injury to another person.
Automobile Ins.: liability&prop. damage to business cars & employees cars used for business.
Workers Comp: mandatory in all states- employees covered if injured on job.
other... health, life, for employees, special flood, valuable papers ins, business life ins.
keeping track of progress of job to see if planned aspects of time , fee, and quality are accomplished.
can use weekly timesheets w/ orig. estimate to check progress... actual vs budgeted.
constantly checking in with: A. staff, Consult., O., building code officials, firm management.
Team must be directed on a weekly/daily basis- make sure schedule / work is getting done, make deadlines.
do this by: checklists, weekly progress meetings, discuss issues and assign work. exchanging dwgs. with consultants.
Everything done on a project needs to be documented.
- for legal reasons
- for future projects, to use, compare
In the program report phase of a site analysis what type of documentation is needed?
A. Architectural and engineering drawings, industry standards, owner/end user information
B. Building codes and ordinances, owner manuals, equipment directions and applications
C. Project directories, architect’s contact information, public safety impact form
D. Public health clearances and HUD sound decibel rating information packet
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