PROJECT MANAGEMENT - FINAL SET
Fees you charge the client, based on approximates for major aspect of jobs, labor categories, and how much labor is required in each categoryLess accurate, you need more experience to estimate them properly, but faster to calculate and therefore better for smaller jobs
"Top-down" fees
1. General Conditions of the Contract for Construction require the contractor to prepare a construction schedule for the project, which must include a schedule of submittals that allows the architect a reasonable amount of time for review 2. in the section on submittals in Division 01 of the specifications, the architect should indicate the procedure for making submittals, including the time that the contractor must allow for review. When establishing the construction schedule, the contractor factors in this review period requirement and allows for the possi bility that submittals may not be approved and will require resubmission.
*Where can submittal requirements (for time) be found?
1- RFI - Request for Information 2- RFP - Request for Proposal 3- RFQ - Request for Qualifications
1- RFI 2- RFP 3- RFQ
claims for additional time claims for concealed or unknown conditions
2 most common claims
- directed acceleration - voluntary acceleration - constructive acceleration
3 primary causes for acceleration
duty, breach, cause, damage
4 components of negligence
G714
A Construction Change Directive is found in what AIA contract?
G701
A change order is in what AIA contract
a proposed basis for determining the adjustment of cost or time or both
A construction change directive should include the following in addition to describing the changes needed
A: The performance bond makes the owner whole: makes sure the owner never pays for anything twice. . . so, in the end, the owner pays the same total amount out-of-pocket as he would have paid for the building the contract documents describe. If the building was promised to him for X dollars, he is on the hook for X dollars, but the surety covers him after that. The surety decides how the building is finished (it may hire its own contractors, it may bring the original contractor back, it might hire a second contractor itself, or it may pay the owner). The surety doesn't cover the cost of anything that wasn't in the original contract (unknown site condition, changes in scope, change orders, etc.)
A contractor files bankruptcy after billing 750,000 on a million-dollar project. There is a performance bond for 100% of the project; however, the owner and architect notice that it is going to cost another million dollars to complete the project ($1.75M in total). How much will the owner have to pay?
A: The contractor
A contractor was performing a small job repairing an elevated terrace, patching a floor, and painting handrails. The contractor found termite damage on the edge of the floor and called the husband to advise him whether to remove the whole floor and install a new one. The owner's wife wasn't aware of the scope changes and walked toward the terrace to ask the contractor to explain what he was doing. When she opened the door to the terrace her foot slipped from the threshold, she fell through the ceiling, landed on the first floor downstairs, and suffered severe injuries (broken bones, concussion, etc...). Who is responsible?
• report name and the architect's project number (and a project number assigned by the owner or con tractor, if applicable) • field report number • date and time of the 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 • observations made, including any problems, which may include photographs documenting the condi tions at the site • an assessment of the conformance with the construction schedule and the estimated percentage of completion • list of items to verify, and action or information needed from owner, contractor, or consultants • list of any attachments, and the name of the person making the report
A field report should include the following items.
- Scope of services in agreement - Breakdown of the services to be provided into phases & individual tasks - Dependencies - Milestones - Staff needed to do the work - Allocation of time & fees to phases & individual tasks - What work will be done by consultants, and what fees & other costs will be assoc. with their work
A good work plan includes...
The architect checks with the consultant-in this case, the MEP engineer-before offering clarifications on submittals, change orders, and construction change directives.
A submittal comes to the architect concerning the electrical equipment. What now?
Includes the agreement, General and Supplementary Conditions, drawings, specs, addenda, modifications (does not include bid form, instructions/ invitation to bid, program)
A101- Identification of Contract Documents
30" width by 48" depth
ADA clear floor space
AIA A101: Owner-Contractor agreement with stipulated sum. The assumed default for the ARE. Structures the fee. Focuses on the items that change from project to project: address of site, name of contractor, date of substantial completion, what, if anything, will be charged with unit prices, parties choose arbitration or litigation if mediation fails, etc. Complementary to A201, which defines the vocabulary and establishes the contract terms for concepts that do not typically change from project to project: definition of "initial decision maker," lays out how the owner can stop the work, establishes that the contractor purchases the materials and provides the labor, requires contractor to maintain a clean worksite, etc.
AIA A101
AIA A701 - Instructions to Bidders Includes procedures for bid process, bond requirements, and complements A201
AIA A701
Similar to typical B101 contract, with a focus on Sustainability.The Owner must provide drawings, manuals, and building operational costs, appeal for certifications, ensure design fits sustainable guidelines, and comply with authorities on ownership and operations.
AIA B101 SP
Services outside of five traditional phases - Ex: BIM, LEED, POE
AIA B101: Additional services
Art. 2: General Responsibilities Art. 3: Basic services Art. 4: Additional services
AIA B101: Architect's Responsibilities
- structural, mechanical, and electrical engi neering services the architect customarily provides - coord. services with those the owner provides
AIA B101: Art. 3 Basic Services
include the five traditional phases of a design-bid-build project: schematic design, design development, construction documents, bidding or negotiation, and construction administration
AIA B101: Basic Services
Information given @ time of contract execution - project's objective - site information - the owner's program - the physical, legal, financial, and time parameters - key personnel for both the owner and the architect
AIA B101: Initial Information
AIA C401 Architect-consultant agreement:The Consultant is not responsible for other Consultant's works, but still has the same duty to say something when errors appear. The Consultant only reports to the Architect, then the Architect reports to the owner and contractor.
AIA C401 Architect-consultant agreement
A: Owner-contractor agreements B: Owner-Arch agreements C: Other agreements D: Misc. Documents E: Exhibits G: Contract admin. & proj. management forms
AIA Contract Documents (A-G)
General Conditions of the Contract for Construction
AIA Document A201
AIA Document: Standard form of Agreement between Owner and Architect
AIA Document B101
Without additional compensation, conduct a meeting with the owner to review the facility operations and performance. This meeting must take place within one year of the date of substantial completion.
AIA Document BIOI, Standard Form ofAgreement Between Owner andArchitect, provides that the owner may request that the architect provide what kind of follow-up?
a statement of time within which the contractor must correct or complete any remaining items, as well as a list of any nonconforming work that the owner has accepted. The certificate of substantial completion is submitted to both the owner and contractor, for their written acceptance of the responsibilities that the certificate assigns to them
AIA Document G704, Certificate of Substantial Completion includes the following. After, it is submitted to who and for what?
AIA G716: AIA document for contractor's request for information. To see a sample, click here. Theoretically, anything that the contractor sees in the contract documents (drawings and specs) that she can't figure out how to build, should generate one of these forms. Big projects can easily generate in excess of 1,000 RFIs. If the response to the RFI requires a change in the schedule or cost, then the architect, contractor, and owner will need to sign a change order. A change order can be seen here. Money will change. hands and/or the schedule will shift. If the architect's response requires a minor change that doesn't change the schedule or cost (like replacing one duct liner with a similar brand), then the architect will reply with a Minor Changes in the Work request. If the contractor agrees that the Minor Change is in fact minor, and doesn't adjust the schedule or cost, she will simply make the change (and forfeit the right to later demand more money for the adjustment, or blame a schedule delay on it). If the architect's response to the RFI creates a dispute between the owner and contractor as to how much more this change will cost (or how long it should delay the project), the architect may issue a Construction Change Directive, mandating that the contractor make the change to keep the project moving. Hopefully, the construction change directive will serve as a temporary placeholder while a change order can be agreed upon. If it can't be resolved with a change order, then a claim will be filed and they'll head to mediation (then to arbitration or court), and that may be long after the building is completed and occupied. The AIA's Construction Change Directive document can be seen here. If it seems odd that when the owner and contractor can't agree on the cost of a proposed change, the architect can simply decree that the contractor do the work and put off the dispute for later, it is a testament to the importance of the schedule in big construction projects. . . and serves as a checkto the immense power of the contractor to fleece the owner in change orders, once she's won the bidding process and construction has commenced.
AIA G716 RFI vs change order
AIA G802 - Amendment to Professional Services Agreement (for changes in scope) AIA D503 - Guide for Sustainable Projects
AIA G802 AIA D503
• standard owner-architect agreement • owner-architect agreement for sustainable projects • owner-contractor agreement • owner-contractor agreement for sustainable projects • general conditions of the contract • supplementary conditions of the contract • general conditions of the contract for sustainable projects • architect-consultant agreement • architect-consultant agreement for sustainable projects
AIA contract documents include
A small space that might otherwise require classification as a different occupancy group, but doesn't because it is less than ten percent of a story's floor area. For instance a small office in the corner of a factory floor doesn't need to be classified as B (which might trigger a fire-rated wall requirement), but can instead be classified the same as the rest of the factory (F-1).
Accessory space
owner and architect
Accord. to B101 Who is required to identify a representative to act on their behalf?
Yes
According to AIA A201, is the contractor able to request owner to furnish reasonable evidence that financial arrangements have been made to fulfill the owner's obligations under the contract-in other words, to show that the contractor can be paid?
As soon as practical after agreement is signed - include time for the owner's review, the performance of the owner's consultants, and the approval of submissions by authorities having jurisdiction - dates for the start of construction and substantial completion.
According to AIA B101, When does an architect submit schedule for performance of his/her services? What does this entail?
Schematic, Design Development, and Construction Documents Phases
According to American Institute of Architects (AIA) Document B101 Standard form of Agreement between Owner and Architect the architect must prepare cost estimates for the project during what phase?
90 days after CD documents have been submitted by arch
According to B101, architect must revise construction cost estimate if bidding does not commence within
no
According to C401, standard agreement between architect and consultant, does the arch need to pay consultant if owner doesn't pay arch?
no
According to C401, standard agreement between architect and consultant, does the consultant need to carry professional liability insurance in the same way the architect does?
no
According to C401, standard agreement between architect and consultant, is the architect responsible for consultant's errors and omissions?
the architect must keep a log of submittals as well as copies of the submittals
According to the owner-architect agreement, how should the architect organize submittals?
An alternate is called an add alternate if it adds to the base bid, and a deduct alternate if it reduces the base bid amount.
Add alternate vs. deduct alternate
According to Instruction to bidders, addenda must be transmiteed to all bidders and made available for inspection wherever bidding docs are on file for that purpose. Addenda must be issued no later than 4 ays prior to date of bid opening
Addenda
Both an addendum and a bulletin involve a change to the design. But the addendum change happens after bidding begins but before bidding ends-and never requires a change order because cost or schedule impacts have been incorporated into the bid. Addenda are labeled with letters (A, B, C. . . ) And the bulletin change (also called a "modification") happens after bidding-and often after the construction contract is signed. Bulletins may trigger a change order because they alter the contract after it has been signed. Bulletins are numbered (1, 2, 3. . . )
Addendum vs bulletin
These services include programming, preparing measured drawings of an existing facility, building information modeling, landscape design, interior design, on-site project representation, post-occupancy evaluation, security evaluation and planning, LEED or other sustainable building rating system certification, and historic preservation.
Additional Services (B101; Article 4)
- verifying that all operating instructions, guarantees, maintenance guidelines, and other documentation required by contract have been forwarded to the client - verifying that the owner has received all lien waivers photographing the project - sending a gift to the client, to arrive in time for opening ceremonies, if any holding an in-house review of the project - evaluating the performance of consultants on the project - compiling information about schedule performance, design fees, and construction costs for in-house records - completing a job history for office records and use by marketing staff flling all project-related documents, to be kept for the required retention period
Additional followup activities (other than review)
-two kinds of situations in which the architect must provide services not specifically listed; 1. changes to initial info, etc. 2. arch must cover additional services to avoid delay in construction - Unless the services are required due to the fault of the architect, the architect is entitled to additional compensation and an appropriate adjustment in the architect's schedule - Don't proceed until owner provides authorization in writing
Additional services not in agreement
- The fact that a call for bids is being made - The project name & location - The names & addresses of the owner & architect - A brief description of proj. including bldg. type, sisze, principal construction materials and systems, and other pertinent information - when & how bids are due - how and where bidding documents can be obtained & the deposit required, if any - where bid documents may be viewed - the type and amount of bid bonds required - the procedures for submitting bids - whether or not the bids will be opened publicly - other info as needed, such as owner's rights to waive irregularities of the bidding process or to accept bids other than the lowerst
Advertisement for bids should include the following information
If the owner terminates the contract for cause, the owner continues to have access to the drawings to complete the project. If the architect terminates the contract for cause, the owner may not use the architect's drawings.
After a party cancels the owner-architect agreement for cause, can the owner still use the instruments of service to complete the building?
the contractor notifies the architect in writing that the work is ready for a final inspection and acceptance. The contractor sends a final application for payment with this request, and the architect schedules and performs the flnal inspection.
After contractor has completed all remaining work from inspection, the contractor must...
issues the final certificate for payment and the entire balance due to the contractor, including retainage, is due and payable
After final inspection & architect finds work acceptable, the arcthiect...
correct the listed items
After punchlisting, the contractor must
makes an inspection to determine whether the work is substantially complete and whether there are more items that need to be added to the list
After receiving contractor's notification of closeout, the architect
The lawyers and insurance companies often just work it out before it gets to mediation
After the building opens, the owner is unhappy with the contractor or architect and is considering filing a claim. Does it have to go to mediation and then arbitration and the courts, or can the lawyers and insurance companies just work it out before it gets to mediation?
• shop drawings • samples • product data • documents related to sustainability issues, where applicable
After the contract is awarded, the contractor is responsible for providing those submittals that are called for in the contract documents. These include the following.
set amount of money estimated by the architect to cover a par ticular 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. For bidding, an allowance provides a way to allocate some amount of money for an item in the bid, even if the exact quantity or quality of the item is not known. The allowance (or allowances) is stated in the appropriate section (or sections) of the specifications, so all bidders are using the same amount in their bids. The contractor must add to the allowance the cost for unloading, handling, and installing the item as well as costs for the contractor's overhead and profit. If the costs for the allowance are more or less than the original estimate, the contract sum is adjusted accordingly by change order.
Allowance
- architect's estimated cost of a particular material or piece of equipment when the actual cost cannot be precisely determined at the time of the bid or negotiated proposal. It is, in effect, a placeholder so that some amount of money can be set aside for the item. - allowance should cover the cost to the contractor of the item, its delivery at the job site, and all required taxes. The allowance, however, is not intended to cover the costs of unloading, handling, and installing the item, nor does it include the contractor's overhead and profit; the contractor must include these in the contract sum
Allowances
a request included in the bidding documents asking the contractor to supply a price for some type of variation from the base bid - This may be a change in materials or level of quality of a mate rial, a deletion of some component, or the addition of some construction element. - Generally do not significantly lower total cost of project
Alternate
The Owner's budget for the Cost of the Work, which is what that 7% fee is based on, includes the reasonable value of labor, materials and equipment provided by the owner. If the owner provides his own materials or labor, the architect gets paid her portion of that too, provided the fee is based on a percentage of construction costs.
An architect is designing a horse barn, and during construction, the owner provides many of the building materials needed for construction from his personal stash. If the owner-architect contract stipulates that the architect's fee will be 7% of construction costs, will the architect be paid for that 7% of the actual construction cost or 7% of what the construction cost would have been had the material not been provided free by the owner?
The Owner's budget for the Cost of the Work, which is what that 7% fee is based on, includes the reasonable value of donated labor, materials and equipment. The owner has to pay the architect for 7% of the value of the donated labor too.
An architect is designing a place of worship, and during construction, members of the community band together as volunteers to assist with the building process. If the owner-architect contract stipulates that the architect's fee will be 7% of construction costs, will the architect be paid for that 7% of the actual construction cost or 7% of what the construction cost would have been had the labor not been donated?
Relieves the architect of responsibility for paying the consultant
An architect may suggest that the client contract directly with the structural engineering consultant because of what responsibility?
As with other domains, successful people KNOW THEIR AUDIENCE. Address issues as they relate to the comprehensive plan (many towns and all cities have one . . . it's a summary report visioning how the city will grow). If the comp plan calls for the eventual construction of a park in your area of town, and your development includes a proposed park. . . well, highlight that to the town. Address neighbors' concerns. If they're worried that the new development will bring too much through-traffic to local residential streets, listen patiently to their concerns and address them. Address zoning for the site. The local government wants to ensure that you are not building a factory in a location that's zoned "Residential." Do not address technical issues that don't concern the city planners or the neighbors (structural members that will not be visible). Do not address pro-practice issues that don't concern the city planners or the neighbors (the architect-owner contract provisions for payment have no bearing here).
An architect will be presenting the proposed project at a public review for the local government and concerned neighbors. What issues should the architect address?
Design Development
An electrical engineer would typically perform load calculations and develop panel schedules in which phase off basic services?
reviewing & checking drawings & other contract documents prior to delivery (verification, audits, supplier ratings)
Appraisal costs
settling a dispute by agreeing to accept the decision of an impartial outsider - The demand for arbitration cannot be made before a request for mediation has been filed (although it can be made at the same time as the filing), and it cannot be made beyond the time indicated by the applicable statute of limitations.
Arbitration
Write observational field report & send to O & C Unless otherwise agreed to in writing in the owner-architect agreement, the architect is not responsible for exhaustive or continuous on-site inspections, nor is the architect respon sible for the contractor's failure to carry out the work, for the means, methods, or techniques of con struction, or for safety precautions on the job.
Arch's responsibilities on site--
Architect and consultant contractual relationship Similar to Owner-Architect agreement . . .the Architect can terminate for convenience (which means without cause) with 7 days' notice and up-to-date payment, including fees The Architect is responsible for the for the quality and correctness of the consultant's work
Architect and consultant contractual relationship
• provide admin of the contract for construction between the design-builder and the contractor for the architect portion of the project. This consists of all elements of the project designed or specified by the architect. • review requests by the contractor for additional information about the contract documents and issue necessary supplemental drawings and specifications to clarify the requirements. • make site visits on behalf of the design-builder to determine the progress of the job, to endeavor to guard the design-builder against defects, and to determine if the work is meeting the requirements of the contract documents. These site visits are to review and comment on the architect's portion of the project only. • reject work that does not conform to the contract documents and, if necessary, require inspection or testing of the work. • review the contractor's applications for payment and make recommendations for payment to the owner as needed. • review and approve submittals for the architect's portion of the project. • review and prepare proposed change orders and construction change directives. • issue orders for a minor change in the work. • make the substantial completion observations. • process the final payment request. • receive from the contractor and forward to the design-builder various documents, including the consent of surety for release of retainage, affidavits, receipts, releases, waivers of liens or bonds indemnifying the owner and design-builder against liens, written warranties, and other documents required by the contract documents.
Architect's construction tasks listed in AIA DOCB143 (same as B101 & A201)
Finish CDs Administrate bidding Update cost estimates
Architect's responsibilities to prepare for bidding
- Arch may be required to answer questions from the remaining bidders and review prefabrication studies to ensure the integrity of the design intent - The arch may also be involved in the rmaining bidding or negotiation efforts but the contractor and owner are generally responsbile for finalizing these arrangements prior to the start of construction
Architect's role in buyout (IPD)
Some firms are integrated design-build entities, with architects and builders on staff permanently. In other instances, an architecture-only firm will team up with a construction-only firm, agree to work together and (mostly) not sue one another, and hire lawyers to create a formal strategic alliance or joint venture so they can together present the owner with a single design-build contract. This partnership may be contractor-lead, or it may be architect-lead. The architect, in an architect-lead design-build team, is responsible for: - Coordinating drawings with consultants (as in other contract flavors), but also. . . - Project schedule and budget (that's different than we're used to) - Control of the construction means and methods and site safety (that's very different than we're used to) The architect assumes the risk of both the traditional architect and that of the traditional contractor. He must visit his insurance agent and purchase new expensive insurance policies!
Architect-lead design-build team
architect does not have direct responsibility for estimat ing or guaranteeing construction costs - AIA Document B133, the architect works with the CM to meet the project budget and considers requests for substitutions. The architect provides clarifications or interpretations regarding the drawings and specifications prior to the owner's acceptance of the GMP or control estimate. In addition, the architect assists the owner in reviewing the GMP or control estimate after the CM has provided these to the owner.
Architects role in cost control -- CM
- Extent to which the architect is involved in project cost control during preconstruction is based on the scope of services under AIA Doc B143. - It is possible that the architect will not have been contracted to provide any type of estimating services. But may call for architect to provide an evaluation of information fur nished by the design-builder, including the budget for the cost of the work for the architect's portion of the project. Alternatively, an estimate for the architect's portion of the work may need to be prepared. Under AIA Document B143, if the project is bid the architect may be required to provide assistance to the design builder with bidding services. In this case, the architect would be providing services similar to those described by the design-bid-build approach. The design-builder may be paid by the owner based on either a stipulated sum, the cost of the work plus fee, or the cost of the work plus fee with a guaranteed maximum price. If the design-builder contracts with an architect, the architect's work should align with the design-builder's cost commitment to the owner, because the two entities are working together throughout the design process. However, if the estimated cost for the architect's portion of the project exceeds the budget after construction documents are completed, the design-builder has four options, as previously outlined. If the design-builder chooses to revise the project scope and quality to reduce costs, the architect must modify the documents for which the architect is responsible without additional compensation.
Architects role in cost control -- Design Build
No RFIs are not part of the contract documents (unless they later become a change order or addendum). Change orders: After construction started, we're adding a third public restroom to the project in what had originally been designed as a closet. . . as you surely know by now, change orders affect schedule/time/scope and are signed off by architect, owner, and contractor. They are part of the contract documents. Contract addendum: After construction began, the contractor asked the owner if he could put a sign advertising the contractor's firm on the construction fence. The owner approved the request and drew up an addendum to the contract limiting the size of the sign, prohibiting it from being back-lit, and requiring a particular rendering of the planned finished project be included as part of the fence-hung sign. Addenda like this need to be signed by just owner and contractor. Submittals (cut sheets, product data sheets, mock-ups, and product samples) are also not part of the contract documents. To be part of the contract document you must have been present at the signing of the contract or be part of an official change to the contract.
Are RFI's part of the contract document? submittals? change orders or contract addenda?
- The contractor is solely responsible for safety on the job site - Arch shouldn't suggest means/methods due to assuming liability - If view safety violation, call to attention of O & C and follow up w/ notice in writing (don't advise any corrections) - If not corrected, notify in writing
Are architects responsible for safety on job site? If they see a safety violation what action to take?
no
Are design fees included in life cycle analysis costs?
Yes. . . and no. Unless otherwise agreed to by the parties, verbal agreements are technically binding, though for obvious reasons they are difficult to prove and lawyers joke they are "not worth the paper they are written on." BUT, the AIA agreements stipulate that the contracts used in your project. . . supersede all prior agreements, written or verbal can only be amended, going forward, in writing (and signed by both parties). The contract's amendment could be by simple letter, or multi-page document. It is VERY important, therefore, to get any changes to the contract (A-101, B101) in writing and signed by all parties.
Are verbal agreements binding?
1- Circulation area: Corridors, not including walls. 2- Gross area: All areas, including exterior walls
Area Types 1- Circulation area 2- Gross area
1- Initial Information; i.e. identifies project, budget, schedule 2- Architect's Responsibilities; architect obtains insurance and provides services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances (Standard of Care) 3- Scope of Architect's Basic Services; architect submits a schedule, architect must meet code, architect facilitates bidding, architect certifies payment to the contractor, architect reviews contractor's submittals (shop drawings, product samples), "Architect shall consider sustainable design alternatives" (if you think that "shall consider" sounds like it is a contractual obligation without teeth to enforce it. . . I agree!) 4- Additional Services; almost everything beyond a single drawing set with MEP and structural engineer is an additional service 5- Owner's Responsibilities; geotech engineer, everything site- and permit-related, if an owner hires her own consultants, it's on her to coordinate them 6- Cost of the Work; includes construction cost, but not architects fees, cost of the land, or contingencies for change orders 7- Copyright and Licenses; architect and architect's consultants own the drawings 8- Claims and Disputes; contract gives architect and owner a choice, before work commences. . . Mediation then arbitration OR mediation then litigation in court 9- Termination/Suspension; if the owner doesn't pay the architect or suspends the project for 90 days, the architect can terminate, if the owner just feels like it, she can terminate but has to pay the architect for expenses (for instance, costs associated with terminating the MEP engineer). The contract automatically terminates one year after substantial completion. 10- Miscellaneous Provisions; architect's consultants can't directly file a claim against the owner and the owner's consultants can't directly file a claim against the architect 11- Compensation; owner pays architect stipulated sum (fixed amount, payable after each milestone: SD, DD, CD, Bidding, CA) or pays a percentage of the BUDGET for the Cost of Work 12- Special Terms and Conditions; add your own, project-specific terms here. Maybe you want to shoot a documentary about your design process and want the owner's agreement to be featured in the film. 13- Scope of Agreement; this contract supersedes all prior negotiations and can only be amended in writing with both signatures
Articles of B101, Owner-Architect Agreement See if you can tell yourself (aloud) what each of these contract sections requires 1- Initial Information 2- Architect's Responsibilities 3- Scope of Architect's Basic Services 4- Additional Services 5- Owner's Responsibilities 6- Cost of the Work 7- Copyright and Licenses 8- Claims and Disputes 9- Termination/Suspension 10- Miscellaneous Provisions 11- Compensation 12- Special Terms and Conditions 13- Scope of Agreement
- 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 - restore any items damaged by the contractor
As a part of the work following the substantial completion date, the contractor must also complete the following
Local regulations including the adopted version of the building code and any local modifications
As part of the developing a building design, an architect mends to perform a building code analysis. The first step in this analysis is to determine the?
- Authorized travel, accomodations, meals - Reproductions + postage - Overtime (w/ prior approval) - Additional insurance - Renderings, mockups, models - Fees for jurisdictional approval - Taxes on professional service
B101 - Reimbursable expenses
In scheduling the process of navigating through a network from end to start and calculating the late dates for each activity. The late dates, along with the early dates determine the critical activities, the critical path, and the amount of float that each activity has..
Backward Pass
- Simplest form - Task (activities) listed in chronological order along the vertical axis of a bar chart - Time period that entire project covers is represented by horizontal axis w/ each task drawn start to finish - If one task must be completed before another can start, arrow drawn from each (dependency)
Bar/Gantt Chart
A: "Acceleration". . . basically, just a change order to shorten the critical path, pay more for overtime, etc.
Based on the AIA A201, what mechanisms do the owner, architect, and contractor have to speed up the schedule of the project? How would this be implemented and what would be the financial and legal repercussions?
The BOD explains how the OPR have been satisfied by the proposed design OPR = broad statements regarding the performance of the building and its systems and energy efficiency goals, while BOD = more technical document used for systems selections, integration, and sequence of operations.
Basis of Design (BOD) BOD vs. OPR?
- an affadavit 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 the 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 (as described above) -a set of as-built drawings, if required by the owner-contractor agreement - the certificate of occupancy as issued by the building department (this is part of the permit process originally paid for by the contractor) -extra stock of materials as called for in the specifications
Before authorizing final payment, the architect must receive the following documentation from the contractor.
• an affidavit stating that payrolls, materials, and other debts for which the owner might be responsible have been paid (AIA Document G706, Contractor's Affidavit of Payment of Debts and Claims, is often used) • a certificate showing that insurance required by the contract documents to remain in force after final payment will not be canceled or allowed to expire without at least 30 days' written notice to the owner • a written statement that the contractor knows of no reason that the insurance will not be renewable • the consent of surety to final payment, if applicable (AlA Document G707, Consent of Surety to Final Payment, may be used for this purpose) • any other data required by the owner that establishes evidence of payment of obligations, such as releases and waivers of liens
Before the final certificate of payment can be issued, the contractor must submit to the architect the following items.
applies to some negligence claims asserted against architects; arch is only responsible for a fraction of omissions cost, as the owner would have paid for what was omitted in the first place
Betterment
This is required to ensure that the successful bidder will enter into a contract with the owner - Comes in form of certified check, cashier's check, or bid bond
Bid Security
Owner is considering a geo-thermal A/C system, depending on it's cost. The extra price for that type of system is included as a separate line item in each bid as an "add-alternate" so the owner can make an informed decision. After she makes her decision, she can choose which contractor to hire for any reason, even if they are not the lowest bid with (or without) the add-alternates included.
Bid add-alternates
- Documents sent to bidders at no charge - Documents put on file in a central plan room - Documents available for purchase at printing companies, plan rooms, or similar - Electronic versions of central plan room or docs may be available on a project website
Bid document distribution - Options (where are documents made available?)
Bid documents can be distributed in several ways. - Traditionally made available in hard-copy via architect's office; Each bidder gets required documents, including prints of drawings, specs, bid docs, bid forms, etc.; Typically each bidder will put a deposit on each set of documents that can be refunded upon return.
Bid document distribution - Traditional method
Owner & architect together
Bid evaluation-- who evaluates?
a standard for on which all the bidders enter the required information to ensure that all bids will be identical in format, making it easier to compare and evaluate them. Bid forms must be signed by someone legally empowered to bind the contractor to the owner in a contract - Must include space for amt of base bid
Bid forms
Prepared by architect to note base bid amount, amount of alternates, whether receipt of addenda was acknowledged, and other pertinent info - Bid log should be made available to bidders in both open & private bidding
Bid log
For public work, bids generally must be opened and read publicly - Instructions to bidders should include whether bids are opened private or public - If public, include date, time, and place where bids will be read - Unless modified by addenda, bid opening & time is strict-- AIA Doc A701, instruction to bidders, notes late bids must be returned unopened even if late bid is returned before bids are opened - Most public bid openings are conducted by the architect with the owners and bidders present - Bids read aloud & presence or absence of req. supporting doc is noted
Bid opening
all the bidders, not just the winner
Bid results should be sent to...
In making a bid, the bidder represents that he or she has read and understood the documents, reviewed the plans and specifications, and visited the site to become familiar with the conditions under which the work will take place, and that the bid is based on the materials, equipment, and systems required by the bidding documents, without exception
Bidders' representation
This article of the Instruction to Bidders states where the docs may be obtained, how. many sets bidders may have, the amt of deposit, if any, req to obtain docs. - If docs are returned to the architect in reusable condition within 10 days after receipt of bids, the deposit usually returned - Bidder who is awarded the contract may keep the documents, and the bidder's deposit is returned - Not normally issued directly to sub-bidders unless specifically stated in ad or invite to bid
Bidding Documents (Where is it noted these can be obtained? rules for keeping/returning documents?)
- Advertisement or invitation to bid - Instructions to bidders - Supplementary instructions to bidders (if any) - Bid forms - Bid security information - Performance bond, if required - Labor & material payment bond, if required - Other: qualification forms, proposed subcontractor list form, certificates of insurance, certificates of compliance w/ applicable laws & regulations, & additional information to bidders, such as geotechnical data
Bidding documents usually include the following
• actual cost of subcontractor bids • cost of the contractor's own labor and materials • cost of equipment rental • the contractor's indirect costs • overhead • profit
Bidding is a competitive activity. The price a contractor is willing to submit to an owner is dependent on the following variables.
Article specifying how bid form is to be completed, what kind of bid security will accompany bid, and the procedure for submitting the bid - Bids normally submitted in sealed envelopes, with the name of the party receiving the bid on the outside, with the project name and name of entity submitting it
Bidding procedures
1. PM breaks down project into individual tasks, listing tasks in order along left side of the chart, and est. how much time will be needed (hrs or weeks) to complete each 2. PM charts bars showing the time estimated under the appropriate calendar dates Total est. fee can be calc. by assigning a specific staff member with a defined billing rate per each task
Bottom Up Approach
Requires federal agencies to award projects to architecture and engineering firms based on qualifications-based selection processes.
Brooks Act
the process of planning, designing, installing, inspecting, testing, starting up, and adjusting building systems and then verifying and documenting that they operate as intended and meet the design criteria of the contract documents. Commissioning is an expansion of the traditional testing, adjusting, and balancing (TAB) that is commonly performed on mechanical systems, but with a greatly broadened scope.
Building commissioning
used to fund public space improvements (new streetscapes/graffiti removal) with the intention that it will enhance an area's appeal. All business owners in district who would benefit pay increased taxes.
Business Improvement Districts
The business is a separate entity and financial transactions of the business, therefore, should be kept separate from personal financial record keeping. Don't pay for your dry cleaning with your firm's credit card, even if you own 100% of the firm and the suit needs to be cleaned for a client meeting.
Business entity concept
C Corporation: Large company with public stocks - double taxed. Not really for architecture firms, except the largest ones. For instance, AECOM is traded on the New York Stock Exchange, and almost all publicly traded companies are C-Corps.
C Corporation
- Arch & CM joint admin of contract - Arch reports to CM results of site visits; CM also has rep on site reporting back to architect - O & C communicate through CM w/ copies to the architect; communications w/ arch's consultants still go through the arch - Both arch & CM have authority to require inspections & testing and to reject work - Submittals reviewed by CM & arch - CM prepares CO & CCD - CM receives & reviews rfi from GC & forwards to arch - arch remains IDM between owner & CM
CM as Adviser - Arch's roles & responsibilities in construction
The CM as advisor acts only as a constructability and cost management consultant to the owner during design and construction process, but will not build the building. Can be delivered under DBB
CM as Advisor
Cm as agent provides early consulting and may act of behalf of the owner in assembling and coordinating the construction trades prior to and during construction; typically fixed fee and assume no risk for construction themselves. pass on savings to owner
CM as Agent
Almost identical to DBB (traditional) - CM is still standard "contractor" 1. Arch must advise & consult w/ both O & CM during construction 2. arch's resp for construction start w/ owner's acceptance of CM's GMP, owner's approval of CM's control estimate, or owner's issuance of a notice to proceed 3. Applications for payment still submitted to arch by CM for arch's review & sign. CM issues cert. of payment to owner, but a more complex method used to calc amt of progress payment
CM as Constructor - Arch's roles & responsibilities in construction - 3 main differences w/ DBB?
-CM role is similar to that of the traditional general contractor -Provides pre-construction services of cost estimation and scheduling while Architect develops drawings -CM involvement in design phases can help the team organize bid documents for multiple packages -CM should have construction experience, cost estimation expertise, scheduling and construction coordination expertise -Driving Factors: Aggressive schedule for completion, Critical Cost, Unknown Scope - Typically use GMP
CM at risk
The architect does not (and cannot) guarantee that the final construction cost will not vary from the estimate, because there are several variables that can affect the final bid price.
Can the architect guarantee cost in DBB?
- Any claim or cause of action taken by either the architect or the owner against the other must be initiated within a time period prescribed by applicable law (generally the law of the state in which the project is constructed), and in any case not more than 10 years after the date of substantial completion of the work. Each state defines the period of time within which a claim must be filed (often called the statute of limitations or statute of repose).
Causes of action
usually takes the form of the contractor monthly invoice or requisition to the owner which has been counter signed by the architect with its approval. Contract G702
Certificate for Payment
confirmation by the architect that the work has progressed to the point indicated and that, to the best of the architect's knowledge, information, and belief, the quality of the work is in accordance with the contract documents
Certificate for the application for payment requires..?
• made exhaustive on-site inspections • reviewed construction methods, techniques, or procedures • reviewed copies of requisitions received from subcontractors and material • determined how and for what purpose the contractor has used money previously paid
Certification is not a repre sentation that the architect has... (4)
written by the architect and signed by the owner, contractor, and architect. The order states the extent of the change and how it affects construction cost and time.
Change order
change order, ccd, minor change in work
Changes made in the work after execution of the contract can be made via
• If the contractor feels that extra time is needed, the reasons for the request must be submitted and include an estimate of the cost. If weather conditions are the basis for the claim, the contractor must submit evidence that weather conditions were abnormal for the time period, could not have been reasonably anticipated, and had an adverse effect on the construction schedule; this evidence may be obtained from a source such as the National Weather Service.
Claims for additional time
- When unknown conditions happen, the contractor may make a claim for additional time or money - However, to be valid, the unknown conditions must meet one of two criteria: (1) they must be subsurface in nature or otherwise physically concealed, causing the site to differ from what is shown on the contract documents (2) they must be of an unusual nature that is different from what would ordinarily be found as part of construction activities for the project type. For example, test borings may indicate a standard type of soil, and the contractor may budget for normal excavation. If a large boulder is discovered that requires blasting or special excavation techniques, the contractor would be entitled to extra money and possibly an extension of the contract time. According to the General Conditions of the Contract, claims of this type must be made within 21 days from first discovery.
Claims for concealed or unknown conditions: - what are these types of claims? - what criteria must the unknown conditions meet?
Allows the use of design-build contracting on federally funded projects.
Clinger-Cohen Act
Closeout and follow-up documents - Summary of costs - Certificate of Substantial Completion - Summary of Fee Expenditure - Comments on completed work
Closeout project notebook contains _______
Code conflicts are always resolved by you meeting the most stringent requirement. Building code says you can be eight stories, but zoning code says you can be no more than five: You are limited to five stories. Electrical code requires a sprinkler in the elevator machine room, but fire code doesn't: You need to have a sprinkler. Occupant load, based on the room area, is calculated to be 54.3 people. When establishing the egress door width, round up to 55 people; but the sign in the room should be rounded down to, "No more than 54 people permitted in this room by order of the fire marshal."
Code conflicts
- Bottom up more accurate - If fees both come out equal, PM = confident - If work plan used for diligent monitoring, there should be enough $ to complete project w/in allotted time & generate profit for firm
Combining Top Down & Bottom-Up
Covers liability from incidents that occur on or off the policyholder's premises or arise from non professional aspects of the insured's practice
Commercial General Liability
a process of testing and checking all equipment and systems within the facility at the end of a project to assure proper functioning and operation. This may also include the training of owner personnel in the operation and maintenance of the equipment
Commissioning
Aka commissioning agent Should be independent, third party agent who specializes in this service & is hired by owner
Commissioning Provider
- Work assignments - Instructions - Reward & Punishment - Social interaction [Handle each separately]
Communication [4 basic types]
1. stipulated sum 2. cost plus fee 3. percent of construction cost 4. unit cost
Compensation methods [B101]
Damages on the client side including loss of use, lost rents, other revenues and lost profits
Consequential Damages
Consequential damages: arise not from a botched job that has to be fixed for a given cost (those are direct damages), but rather from the indirect effects of the botched job, including lost owner rents, lost owner's customers, lost owner's productivity, loss from owner's bank loan penalties, and most costly of all, lost owner's profits. Consequential damage awards can become disproportionately high, so the AIA contracts include provisions where all sides agree to waive any right to sue one another for consequential damages. In 1984, the Sands casino in Atlantic City underwent a renovation to install a new glass facade. It was scheduled to open in May, but didn't open until August, which is not an unusually long delay for a construction project. However, the agreement between the construction manager and the owner was absent any waiver of consequential damages, allowing the owner to sue the construction manager-who was only paid $600,000 to install the facade-for 14.5 million dollars in damages! The casino argued for, and received, the high settlement on the basis of lost profit, because the renovation was scheduled to open before the summer high season, but opened after it. With the sting of this case, and many like it, the AIA incorporated a mutual waiver of consequential damages beginning in 1997. If that same delay happened today with a standard AIA contract, the construction manager would have been only liable for the cost of the delay (per-day penalties as agreed upon in the agreements before construction started), and could not have been sued for the unrealized profits. The standard AIA agreements waive the right to claim consequential damages in order to pull the penalty into alignment with the scale of the architect's and contractor's financial upside. In my research for this course, I've been converted to a believer on the importance of using the standard AIA agreements. (1) They've worked out kinks that you would never know about on your own, like the consequential damages waiver, and dozens (hundreds?) of others like it, based on real cases over many decades. (2) Courts know how to enforce the standard contracts because they can draw on a long history of case law. (3) Your liability insurance probably will cover you for a goof under the AIA contract, but very well may not cover you for a goof in a one-off contract you concocted with the owner. And (4) when a developer and architect sit down to write a contract, who do you think is going to win that negotiation? Developers devour us for sport and we don't know they did so until the project is over and the claims come in.
Consequential damages
The procedure for opening bids and reviewing them is stated, including under what conditions bids may be rejected, how they will be evaluated and the conditions for award of the contract.
Consideration of bids
it is prepared and signed by the architect and transmitted to the owner for its signature and then issued to the contractor
Construction Change Directive
- Advising on constructability issues - Providing cost-estimating - Establishing the project schedule - MAnaging the construction contracts - Making early material purchases of items with long lead times - Acting as a third party adviser, working with the owner & arch on matters of const. & cost - Acting as contractor, giving pre-construction advice, est. cost, schedulign services, and construction services - acting as agent, coordinating & assisting activ. of OAC
Construction Manager as Adviser fulfills the following roles & duties
- The owner has the right to perform construction on the project with his or her own forces. If so, responsible for the coordination of his or her own forces with the work of the contractor, and must act with the same obligations and rights as any contractor would - The owner can award separate contracts for different portions of the work. The owner is responsible for the coordination of the activities of the separate contractors. - When requested, the contractor must work with the owner and other contractors in coordinating construction schedules and following any revisions that have been agreed on. The contractor must also give the others reasonable opportunity to store their materials and perform their work.
Construction by owner or separate contractors
- directive requires agreement only between the owner and architect; it may or may not be agreed to by the contractor. It instructs the contractor to proceed with the stated changes in the work, even if the contractor does not agree with the basis for adjustment in contract sum or contract time. - When the changes in cost and time are finally determined and submitted by the contractor and reviewed by the architect and owner, a change order is issued. - In the meantime, the contractor can include the work completed under the construction change directive in regular applications for payment.
Construction change directive
- During this phase the architect must assist the owner in obtaining competitive bids or negotiated proposals and must assist in awarding the contract and preparing contracts for construction - the architect is authorized to act as an agent for the owner in order to perform these tasks. The architect produces the bidding documents, distributes the documents, considers requests for substitutions, holds pre-bid conferences, answers questions, prepares addenda, and participates in the bid opening
Construction procurement services [B101, Art. 3]
Contemporaneous documentation: Recording of non-regular communications, decisions, and actions throughout a project, in real time. Stick to the facts and avoid conjecture or supposition. For example: the project architect keeps a journal (good) and it becomes known throughout the firm as the place for anyone on the project team to document conversations, meeting observations, sketches, business cards, and write casual notes (also good). It is not a good place to write, "I'm not sure what the occupancy group should be on this building. We decided at today's meeting that we wouldn't label the chemistry lab and see if the code official would catch the omission." You shouldn't do that anyway, even if you don't write about it, but if you only wrote, "I'm not sure what the occupancy group should be on this building," instead of, "To do: identify occupancy group." you might be setting your firm up for a legal suit if the building burns and someone dies.
Contemporaneous documentation
is the stipulated sum (fixed price) that the owner agrees to pay the contractor
Contract Sum
- The architect must make site visits at intervals appropriate to the stage of construction to generally determine whether, when completed, the project will be in accordance with the contract documents - The architect must keep the owner informed of the progress and endeavor to protect the owner against defects. However, the architect is not required to make exhaustive or continuous on-site inspections. The architect is not responsible for themeans of construction, building techniques, or safety precautions
Contract administration Services [B101, Art. 3]
• the agreement between owner and contractor • the conditions of the contract (general, supplementary, and special) • the drawings • the specifications • addenda issued before the contract is executed • other documents listed in the agreement • modifications issued after the contract is executed **no bidding documents**
Contract documents [A201]
period from the starting date established in the agreement to the time of substantial completion, including any authorized adjustments. - The contractor is expected to proceed expeditiously, with adequate work forces, and to complete the work within the allotted time.
Contract time [A201]
The contractor makes monthly applications for payment based on the percentage of work completed, in accordance with a schedule of values allocated to various portions of the work. The architect reviews these applications and either issues the owner a certificate for payment or withholds issuance if there are valid reasons
Contractor Payments
Owner-Contractor standard agreement The Contractor is responsible for: punch list creation and solutions, sub-contractors, damages to existing or neighboring property
Contractor responsibilities in AIA A101
- workers' compensation - bodily injury or death - damages to the work - personal injury - motor vehicle insurance - claims involving contractual liability
Contractor's required insurance
(see Figure 17.2, p.1097) A132, A232 (general conditions), B132 (o-a), C132 (Owner-Cma)
Contracts for CmAdviser
(no specific documents)
Contracts for CmAgent
A133 (with GMP), A134 (w/o GMP), A201 (general conditions), B103 (O-A)
Contracts for CmC
A141 (owner & DB consultant) , 142 (contractor separate from DB), B143 (arch & DB)
Contracts for DB
Organizational or institutional accumulated body of data, information, and knowledge. Part of quality control is to organize this info clearly and efficiently. When a client invites our firm to a project that may not be profitable for the firm, do we pass on the project, negotiate the project scope down, or negotiate higher design fees? Who, working at the county building department, will offer you the best help with an occupancy type question? Who's the go-to person there for limitations on exterior building signage?
Corporate memory
The architect is compensated for the actual expenses of doing the job plus a reasonable fee for profit. - Includes salaries, employee benefits, direct expenses, and office overhead
Cost Plus Fee (B101; Article 11)
The cost of labor and materials furnished by the owner and the cost of items specified or designed by the architect, plus a reasonable allowance for overhead and profit. - Does not include professional fees, land cost, financing costs, or other costs that are resp. of owner
Cost of the work
In scheduling, any delay in the timely completion of a critical activity will result in a delay in the entire project.
Critical Activity
In scheduling, the longest continuous path in a network from start to finish.
Critical Path
The heavier arrows = critical path; the sequence of those tasks (critical tasks) that must start and finish on time if the project's final deadline is to be met. Delaying the start or increasing the duration of any critical task delays the whole project.
Critical Path & Critical Tasks [CPM]
-Graphically depicts all the tasks needed to complete a project, the sequence in which the tasks must occur, and each task's duration, earliest and latest possible starting times, and earliest and latest possible finishing times
Critical Path Method (CPM)
DBB = competitive pricing - no contractor participation in pricing or design - design phase and construction phase are sequential - cost unknown until design is complete - owner assumes risk that construction documents are complete and sufficient - longer project duration DB = single pt of contact for design and construction - owner has less control over design and construction quality - expedited project schedule - contractor assumes more risk - fewer contractor-initiated change orders
DBB vs DB
Start of construction phase of project. Used to measure the construction completion time (aka contract time). - The date can be a specific calendar day or it can be the day when the contractor receives a notice-to-proceed letter from the owner.
Date of Commencement (A101; Article 3)
the point in the project at which the work is sufficiently complete in accordance with the contract documents so that the owner can occupy or utilize the work for its intended purpose
Date of substantial completion
requires contractors and subcontractors working on federal government construction projects to pay "prevailing wages" to their employees
Davis-Bacon Act
Watch the video answers here https://www.youtube.com/watch?v=M2rIBvchsj0&feature=youtu.be
Define these terms: Bidding requirements Instructions to bidders Bidding documents Contract forms Conditions of the contract General conditions Supplementary conditions Performance bond Payment bond Bid bond Specifications Project manual MasterSpec UniFormat Contract documents Contract drawings Addenda Bulletin Resource drawings Instruments of service
The primary tool for schedule and budget management on a project 1- Project Description and Client Requirements; 2- Statement of Deliverables; 3- Team Organization; 4- Responsibilities Matrix; 5- Preliminary project schedule; 6- Preliminary Staffing; 7- Project delivery method; 8- Initial project budget and professional plan; 9- Code information (optional)
Definition, use, and parts of a work plan
Represented as dashed arrows, known as dummies. Dummies do not represent tasks, so they have no duration. Dummies are used to give each activity a unique beginning and ending number.
Dependencies [CPM]
Descriptive Specification: Detailed written information on requirements for material and product quality, including installation Prescriptive Specification: Detailed means and methods of construction
Descriptive Specification Prescriptive Specification
1st phase - owner and arch identify portions of project that will be approached this way and send out RFPs to trade reps. 2. Proposals reviewed and O/A select 3. Sub works with O/A to provide technical advice on construction details pertaining to system and writing specifications
Design Assist Contracting - three phase process
Design build and CM at risk
Design Assist Contracting is appropriate for which project delivery methods?
Provisions are same as DBB, but are outlined in an exhibit --- choose which provisions the architect is responsible for
Design Build - Arch's roles & responsibilities in construction (arch as consultant)
Allows the use of performance specifications for products and building assemblies. It can also let the contractor select the best approach to completing the work. (or allocation bc there is no contractual relationship between arch & cont)
Design Delegation
1. Efficiency-Based Firms 2. Experience-Based Firms 3. Expertise-Based Firms 4. Opportunistic-Based Firms (See Fig. 5.1,5.2 and 5.3, Pg. 188-9)
Design Firm Business Models
• . The contractor can be required to provide professional design services or certifications if specifically required to do so by the contract documents or if the contractor needs to provide such services in order to carry out the work of the contract. The architect must specify all the performance and design criteria that such services must satisfy.
Design Services [A201]
covers the bulk of the architect's standard services, including schematic design, design development, and construction document production - At the end of each phase the owner's approval is a precondition that must be received before the architect can begin work on the next phase
Design Services [B101; Art.3]
Design-build: owner hires single entity or joint-venture to both design and build the project. Design-build with bridging: owner hires "design architect" (bridging consultant) to design the first 35%, then the partially-completed design goes out to bid for a design-build firm to complete the drawings and build the project. The lowest responsible and responsive bidder is typically awarded the design-build contract based on the bridging consultant's (design architect's) drawings. See here. In both cases, with or without bridging, the advantage lies in reducing the risk to the owner. The basic design-build option has an added cost advantage and the bridging design-build option has an added quality advantage. Is this the contract used when there is a design architect (Pritzker winner) and a production architect (up-and-coming local firm looking to make a name for itself)? Should we assume that such a project used a bridged design-build contract, and that the production architect was teamed up with a contractor under a single contract from the owner? That is sometimes the case (and a growing trend). . . but more typically the design architect is a consultant of the production architect (architect-of-record), in the same way that the mechanical engineer is a consultant of the architect-of-record. The design architect then bills the production architect, which in turn, holds the contract with the owner and passes the design architect's invoices on to the client with whatever fee breakdowns were agreed upon.
Design-build vs design-build with bridging
Generally used to fund infrastructure improvements made necessary by new development.
Developer Impact Fees
Document corporate knowledge
Developing typical construction details, boilerplate language for general notes, project checklists, and master specifications are techniques used by architecture firms to what?
The expense of employee salaries plus the cost of mandatory and discretionary expenses and benefits such as payroll taxes and health insurance
Direct Personnel Expense (DPE)
base salary
Direct salary + indirect salary =
Voluntary distrubution of profits to owners and nonowners, such as performance bonuses, profit sharing and incentive compensation
Discretionary Distribution
Yes
Do consultants need to grant their own licenses for instruments of service?
Yes
Does AIA B101 require architect to visit project one year after substantial completion?
no
Does AIA B101 require owner to provide certification of funding to pay for design and construction of project?
Potentially, as it adds another reviewer of design
Does CM Adviser increase project time?
No, can only notify GC & owner promptly
Does arch have authorization to stop work?
No. Measured in calendar days
Does contract time exclude holidays + weekends?
NO-- fiduciary duty: a legal obligation to act in the owner's best financial interest
Does the architect have a fiduciary duty to the client?
Yes, unless the arch terminates the agreement for cause - If owner later uses the instruments of service without retaining the architect, the owner agrees to release and indemnify the arch and arch consultants for all claims and causes of action arising from such uses
Does the owner retain the license to use the instruments of service after completion of the project or the owner's termination of agreement?
see pg.
Draw sequence for DBB phases
See diagram
Draw the project diagram for DBB, using Owner, Contractor, Architect as the three areas of management.
In scheduling, a relationship from a predecessor activity that controls the start or finish of a successor activity.
Driving Relationship
1.Risk 2.Quality
During a CM-Adviser what are the primary and secondary driving factors?
1.Risk 2.Time
During a CM-Agent what are the primary and secondary driving factors?
1.Time 2.Cost 3.Risk
During a CM-Constractor what are the primary and two secondary driving factors?
• the standard forms used to administer the contract, such as change orders, certificates of payment, and the like • correspondence • memoranda • meeting notes • emails • telephone logs • similar written or electronic material that records the daily who, what, why, when, and how of the project
During construction admin phase, arch should maintain documentation of progress of job including:
- project delivery methods & CA services - mtgs and admin activities - construction observation - managing requests for changes in work and supplemental documentation - submittals and applications for payment - ensuring conformance w/ contract docs - additional constr. admin activities
During construction, architect is involved in...
Reviewing substitutions is an ADDITIONAL service and, like any additional service, the architect should receive permission in writing from the owner to charge more, at the pre-agreed-upon hourly rate, for reviewing substitution proposals from bidders. That said, because this particular substitution results from an architect's error (specifying a pizza oven model no longer in production), the architect should review this particular substitution request free of charge. Had the bidder requested to swap a type of bathroom vanity with another one (when each was available for purchase). . . evaluating that request should trigger an additional service.
During the bidding phase, a bidder notes that pizza ovens of the size specified are no longer manufactured and proposes swapping the large oven for a slightly smaller one. Is reviewing that substitution a basic or additional service in the contract?
1. At the end of the construction document phase 2. At the beginning of the schematic design phase 3. During scope change in the project 4. Before the end of the predesign phase
During the project, when should the project team review the code requirements or interact with officials having jurisdiction over the project?
total NSR/EAC labor dollars; quick and simple way to see where project is now, where it is projected at end, and how it needs to be adjusted
EAC (estimate at completion) multiplier
In scheduling, the earliest date on which an activity can finish within project constraints.
Early Finish (EF)
In scheduling, the earliest date which an activity can start within project constraints
Early Start (ES)
Site, excavation, concrete, steel, masonry
Early construction subcontractors
Revenue recognized in the accrual accounting system based on subjective percent complete times net service revenue
Earned revenue amounts
Data and telephone systems Power system drawings and specifications Signal systems Lighting systems
Electrical engineer provides design services for which building systems?
• Gross fee • Consultant fees • Net service revenue • Project contingency • Non-reimbursable direct expense budget • Project labor budget by phase of service • Current percent complete by phase of service • Budgeted resource forecast by phase of service
Elements of a project budget
Gross Fee, Consultants fees, Net service revenue, project contingency, non-reimbursable direct expense budget, project labor budget by phase of service, budgeted resource forecast by phase of service
Elements of a project budget are as follows
mechanical systems (including heating and cooling equipment, air handling equipment, distribution systems, pumps, sensors and controls, dampers, and cooling tower operation) electrical systems (including switchgear, controls, emergency generators, fire management systems, and safety systems) plumbing systems (including tanks, pumps, water heaters, compressors, and fixtures) fire suppression (sprinkler) systems (including standpipes, alarms, hose cabinets, and controls) fire management and life safety systems (including alarms and detectors, air handling equipment, smoke dampers, and building communications) energy efficiency and water efficiency vertical transportation systems (including elevator controls and escalators) telecommunication and computer networks exterior envelope accessibility security and safety survivability space functionality maintainability
Elements of building commissioning (depending on scale of project)
• AIA Document A101, Standard Form if Agreement Between Owner and Contractor, where the basis if pqyment is a Stipulated Sum • AIA Document A201, General Conditions if the Contract for Construction • any supplementary general conditions • all specification sections • all drawings • addenda, if any • additional documents, if any, that are made part of the contract
Enumeration of contract documents [A101, Art.9]
Type of liability insurance that protects architects from liability due to negligence or failure to meet the standard of care.
Errors and Omission Insurance
labor hours and dollar amounts estimated from current date to project completion
Estimate to complete
Arch must provide a preliminary evaluation of the information furnished by the owner, including information about the site, program, schedule, budget, and proposed method of contracting for construction. -Review the balance between quality, cost, and time. The architect should notify the owner of any impact that the budget, schedule, site, or method of contracting may have on the project.
Evaluation & planning servies [B101, Art. 3]
In scheduling, event does not consume time or resources.
Event
explicit = project requirements, the way firm prices job, sets up folders, bills client tacit = learning on the job knowledge/from experience & "know-how" soft skills
Explicit knowledge vs. Tacit knowledge
Costs incurred after delivery of the product or service to client (responding to RFIs, dealing with loss of clientele)
External failure costs
Ensures that the building facility design, layout, furniture, and other equipment are operating at peak efficiency -- employed under owner
Facilities manager
Saves time by overlapping the design schedule with the construction schedule. Requires close coordination, staged bidding, phased building, and usually, a construction manager to stay on top of scheduling. Problems associated with the overlaps are expected and the architect should charge for a supplemental service to account for all the extra coordination involved.
Fast-Track Scheduling
Contractor - must give the architect timely notice of when and where the test is to be made so that the architect can observe the procedure
Field Tests - who is responsible for arranging & paying for tests/inspections required by contract documents, laws, regulations, or orders of public authorities (building departments)? Responsibility?
the architect's issuance of the final certificate for payment. (There is no AIA document published for this purpose; the General Conditions outline the necessary steps and documentation.) - arch's consultants may issue separate certificates of completion
Final completion is documented by... Is it same for arch consultants?
The maximum length of time that a noncritical task can be delayed or extended before it causes a delay in the overall project is called the float of that task.
Float [CPM]
Total float time: slack available for whole project Free float time: largest potential delay to this task without delaying next task
Float time
Floor area ratio: FAR: Defines the limit on buildable footprint and height = Total Floor Area (Stories*Footprint) / Area of Lot Set by local zoning codes
Floor area ratio: FAR
At time mutually agreed upon by owner & CM, CM prepares either GMP or control estimate for owner's review & approval. - Can be anytime during one of the design phases
For CM as constructor, how & when is the basis of payment agreed upon?
One year after initial occupancy to verify that systems continue to operate as intended under normal occupancy and operating conditions Adjustments and corrections should take place at this time if necessary Ideally, the contractor's warranty should be coordinated with the commissioning activities so that the contractor can make any corrections under warranty
For commissioning, when does post-occupancy testing occur?
In scheduling, the process from start to end and calculating the completion date for the project and the early dates for each activity
Forward Pass
prevention, appraisal, internal failure, external failure
Four types of quality costs
A method for developing a preliminary schedule where all team members are brought together to determine tasks and scheduling. Vertical lines on wall represent weeks, team members asked to place a start and finish card for each task on the wall in location representing necessary time for task.
Full Wall Schedule
G701 - Change OrderG702 - Application and certificate for paymentG703 - Continuation sheetG704- Certificate of substantial completionG710 - Architect's Supplemental Instructions
G701 - G704, G710
A guaranteed maximum price allows the contractor to give the owner a price early on in the process using design development drawings that are not at the level of completed construction drawings. Often used for projects with accelerated schedules. Stipulated sum is a lump sum based on completed CD drawings.
GMP vs. Stipulated Sum
A project management chart that shows tasks against time and their relative dependencies. See here for an example https://assets-global.website-files.com/5a690960b80baa0001e05b0f/5c3c8b46f0951f7b2002c6ff_Construction%20project%20schedule%20gantt%20chart%20example.png
Gantt chart
Gross is the total amount before any deductions are made. Net is the amount after deductions are made.
Gross vs. net
rentable area/usable area ; want this low as possible
Grossing Factor
The architect and architect's consultants have no responsibility for the discovery, presence, handling, removal, or disposal of hazardous materials such as asbestos, PCBs, and other toxic substances, nor for the exposure of persons to these hazardous materials
Hazardous materials
Not all RFIs are equal. Some RFIs reflect routine small holes in the contract documents (missing dimension line), changes in conditions (specified product no longer available), or unforeseeable situations (unmarked utility line). Other profound errors and omissions point to a more serious problem. Because quality management rests on quantifying just about everything, and because RFIs serve as a proxy for external failure costs (costs of errors after the drawings have shipped), we can classify and quantify RFIs into three types and assign each one points based on how many architect's hours of labor each type requires to address, on average. Type I: Graphic/Confirming (2 Hour-Points) Type II: Coordination/Missing Information (5 Hour-Points) Type III: Code/Contract Information (10 Hour-Points) So, to review a project for quality management, we can tally up the hour points to give a score to help calculate our external failure costs. For instance, one Type I RFI and one Type II RFI and four Type III RFIs on a project return 2 + 5 + (4 x 10) = 47 Hour-Points worth of errors.
Hour-points and RFI types
multiplier is built into the hourly rate. The client sees only one number for each type of employee working on the project. A variation of this is hourly with a "not to exceed" amount given.
Hourly billing rates [B101]
A: not very accurately The contract (AIA B101) only holds the architect to the following level of rigor: The architect's estimate shall be based on current area, volume, or similar conceptual estimating techniques. A detailed estimate is on the B101 list of supplemental services that the architect may charge extra for. If the architect makes a good-faith estimate, the contract relieves him of much liability for goofing on the estimate. The architect must provide the owner with an estimate after SD, DD, and CD phases. If the estimate runs higher than the budget, the owner may choose to adjust the budget or require the architect to redesign to budget for free.
How accurately does the architect need to estimate the cost of the work?
1- Reach out to the utility companies. They'll come and mark locations with flags or painted lines. There's a three-digit national phone line to have all the utilities marked (811), and they standardized the colors (red=power lines, yellow=gas, oil & steam lines, etc.) 2- Obtain an ALTA survey (or commission a new one). They look like this https://www.rasmith.com/wp-content/uploads/2017/09/AltaSample.jpg and include improvements to the property, like utility locations. Plat surveys, by contrast, only mark the extent of structures and paved areas on the site, property boundaries, and setbacks, but usually don't include utilities. They look like this https://www.newdimensionsinc.com/wp-content/uploads/2017/03/gordon-e1489427498504.jpg. 3- Call a local utility locating service.
How do you know where the buried utilities are located on the site?
The crappy contract will include clauses that Indemnify or hold harmless, so if-for example-the building catches on fire, the architect agrees to cover the losses! Warranty or guarantee, so if- for example-the building elevator fails to meet ADA requirements, the architect agrees to cover the demolition and reconstruction of a proper elevator! Assign the architect the role of supervisor or inspector during CA, so if-for example- the contractor builds the stair incorrectly, the architect "should have caught the problem" as the inspector and therefore the architect is responsible for the rebuilt stairs! The architect provides administration of the contract but not administration of the construction. Holds the architect to the "highest standard of care," so if-for example-anything goes to court, the owner will merely have to prove that the architect didn't provide the highest standard as agreed upon. . . the architect will lose almost all disputes if she signed a contract promising to clear that high bar.
How does a crappy owner-architect contract attempt to transfer risk from the owner to the architect?
if the local economy is depressed, contractors, subcontractors, and material suppliers may be willing to lower prices or reduce profit margins in order to get work and stay in business. When work is plentiful, con tractors are more selective about the jobs they choose to bid on and what profit allowance to put in their bids. They are not as concerned about reducing prices to get jobs.
How does bidding affected by the construction marketplace? Depressed local economy vs. plentiful work
Notifying the arch in writing and submitting a comprehensive list of items still to be completed or corrected
How does the contractor begin closeout procedures?
Unit Cost: Owner agrees to pay $245,000 per housing unit Cost plus Fixed Fee: $1.6M estimate for the cost of the project (but owner pays more if budget is exceeded) plus $300,000 in fixed profit for the contractor. No limit on change orders, which can net the contractor additional profit. Guaranteed maximum price (GMP): like a cost plus fixed fee contract, but if the project is delayed or the price of materials goes up beyond a total project cost of $2M, the contractor has to complete the project and eat the extra cost. Stipulated (lump) sum: Owner pays contractor $1.9M to build everything in the contract, period.
How does the owner pay the contractor? Explain each of these Unit Cost Cost plus Fixed Fee Guaranteed maximum price (GMP) Stipulated (lump) sum
Put things where the builder will look for them. Don't be lazy because you don't feel like opening another sheet on your screen. Do NOT put the same information in multiple locations in the drawings. If you change the roof shingle manufacturer and edit the label on one drawing, you will forget to change it somewhere else on the drawings-or you don't know that it even needs to be changed in the other location because someone else in the office labeled the roof shingles in multiple places last month. Of course, the roof shingle manufacturer may not be in the drawings at all, but in the specs instead; and BIM promises eliminate some of these editing and redundancy issues.
How many times, on average, should you label a roof shingle's manufacturer in a drawing?
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. - First referred to IDM (usually arch)
How must claims be made?
???
How to calculate a planned multiplier;
- single, multiparty contract structure - shared risk / reward - early participation in design process - good for hospitals (owner is familiar), commercial, institutional
IPD
Same as under A201 - True w/ transitional docs, multi-party agreement, and single-purpose entity agreement (SPE) - Focus on quality control & cost monitoring bc much coordination was front-loaded in design
IPD - Arch's roles & responsibilities in construction (arch as consultant)
AIA B195 - Owner & Architect, A195 - Owner & Contractor w/ GMP, C191 - Multiparty agreement for IPD
IPD contracts
Single Purpose Entity: You, the architect, create a temporary legal agreement to create a new LLP company with a developer and contractor to design and build a data center. The new company paid your design costs plus a very small fee. Upon completion, the new company sells the data center to Google and you earn some of the profits (or take some of the losses) associated with the sale. This is a high risk model with a big potential up-side, and it confuses your tax accountant, confuses your insurance agent, and muddles the management roles in the new company. Project Alliance: A bit less risk to you than the Single Purpose Entity model. You, the architect, are hired by a developer to design a data center. The developer pays your team for their time (direct costs), but not for overhead or profit. The developer, contractor, and you team up, agreeing to work with one another as partners . . . and not to sue one another. If the data center is energy-efficient and has an energy use intensity (EUI) less than 2,000 kBTU/sf, the developer gives you a $100,000 bonus and another bonus to the contractor. If the project is awarded a certificate of occupancy before June of next year, you earn another $150,000 bonus and the contractor earns her bonus. If the project comes in under budget, you are entitled to 20% of the savings and the contractor is also given a cut of the savings. If the developer sells the data center to Google at a loss, you are not on the hook for the loss, nor would you enjoy any profit on a successful sale. Relational Contract: Just like the Project Alliance option, only the three parties-owner, contractor, and architect- are less of a team. In a Relational Contract IPD, everyone can sue one another, like in design-bid-build, and the owner retains the authority to make the call on issues that arise, overriding the contractor and you, because you are not really partners. So how is a Relational Contract IPD an IPD at all? Whether or not you earn a profit on this data center still depends on the bonuses tied to energy efficiency, meeting schedule, and beating budget, so your financial success is still tied to the project's financial success. *IPD's selling point is flexibility, and while these three types of IPD have emerged as common flavors, know that not all IPD contracts fall under one of these three types. To watch an Amber Book : 40 Minutes of Competence video covering what you just read, click https://youtu.be/fYUeSF9McYE?list=PLRqQUel8W0R71cVQvIkcQ529D93rr2ggh
Identify the differences between three types of Integrated Project Delivery (IPD): Single Purpose Entity Project Alliance Relational Contract
1. Give written approval to increase the budget for th eproject 2. Revise the project program, scope, or quality as required to reduce the cost 3. Implement any other mutually acceptable alternative
If CM (adviser)'s estimate of cost exceeds owner's budget at conclusion of DD, owner has 3 options
provide cost estimates & design a project to meet the owner's budget
If DBB, the architect is obligated to...
• a lump sum, properly itemized and mutually accepted • unit prices previously agreed to in the specifications • costs to be determined by mutual agreement on a fixed or percentage fee • as provided for in a subsequent clause as summarized in the following paragraph
If a CCD involves a cost adjustment, the architect's proposed basis of adjustment must be based on one of four methods
- The architect determines the appropriate adjustment based on evaluation of reasonable expenditures for additional labor and materials required, and calculated savings for deleted work - In addition to the actual cost of the work, the architect must include costs related to workers' benefits, equipment rental, supplies, premiums for bonds and insurance, field supervision, permit fees, and reasonable contractor profit.
If a CCD is issued and contractor disagrees, what does arch do? How to determine appropriate
architect. contractor (whoever isn't DB entity)
If a DB entity is a contractor, who does engineering consultants' contract with? DB entity as architect?
appeal to the zoning AHJ for a zoning variance
If a project concept does not conform to the site's permitted use, an organization must...
provide, upon request by the subcontractor, the percentages of completion or amounts applied for by the contractor.
If a subcontractor wants to know if the contractor has been paid for work performed but the sub has not been paid yet, the architect may..
contractor-- must pay all costs needed to correct problem, including cost of additional testing required and compensation for the architect's services related to the issue
If a test (required by contract, arch, or public auth) shows a portion of a group does not conform to the contract documents, who is responsible?
Yes
If after a bid, a bidder discovers and can support a claim that a clerical or mathematical error has been made, are they allowed to withdraw the bid?
1. Owner may rebid project. Architect to assist w/ no additional compensation. *Seldom results in significant reduction in cost 2. Owner may authorize increase in construction cost & proceed with the project. 3. The owner may work with the architect in revising the scope of project to reduce cost. Arch will redesign, revise docs & rebid w/ no additional compensation 4. Owner may abandon project
If all bids exceed construction costs, owner has these options (DBB)
Notify owner promptly and in writing
If arch notices incorrect, incomplete, inconsistent work of owner's consultants, he/she must ...?
Modify the documents for which the architect is responsible, as directed by the design-builder, without additional compensation. If design builder is arch firm or a contracting firm w/ in-house archs, the db entity becomes responsible for preconst. as well as other services.
If design builder cooperates in revising project scope & quality as needed to reduce cost of work for arch's portion, then the architect must..?
The bid security may be retained to compensate for the difference between the low bid and next lowest bidder - Amt of bid security is either set as a fixed price or as a percentage of the bid (usually about 5% of the estimated cost of construction or the bid price)
If successful bidder does not enter into an agreement... (how is this based on?)
7
If the Contractor requires information from the Owner, the Architect has ____ days to give that information to the Contractor.
respond within 10 days and must either give the response or information, tell the IDM when the response will be furnished, or tell the IDM that no supporting data will be provided.
If the IDM asks either the owner or the contractor to respond to a claim or provide additional information, that person must..?
Suspend work Require payment for work-to-date Require payment of delay-caused expenses Submit a new schedule
If the Owner suspends the project, the Architect can...
cooperate with redesign at no additional cost
If the arch is obligated to redesign project that complies with owner's budget, then the consultant must
the architect should instruct the contractor to make arrangements, but only after obtaining written authorization from the owner. In this case, the owner pays for the tests.
If the architect, owner, or public authorities require additional testing beyond what is required in the contract documents, who arranges the testing & who pays?
order the contractor to stop the work until the reason for the order is eliminated.
If the contractor fails to correct work.that does not accord with the contract documents, or if the con tractor repeatedly carries out work that does not accord, the owner may
contractor must stop work and notify the owner and architect in writing - The owner must then obtain the services of a licensed lab to test & is responsible for the removal of discovered hazardous materials - Work can then resume upon written agreement of the owner and contractor.
If the contractor finds hazardous material, what action must be taken?
Trick question! No one pays the consultant. He redesigns for free. Consultants understandably hate having to redesign gratis because the architect went over budget, and consultants will sometimes negotiate a change to that part of the AIA C401 architect-consultant contract. But all questions on the ARE assume that the standard contracts have NOT been rejiggered, so I'm just relaying that last part so you're aware for your job.
If the design exceeds the owner's budget, who pays for the time of the consultant (engineer, lighting consultant, landscape architect, etc.) to redesign a less expensive alternative? The owner or the architect?
• increase the budget • authorize rebidding or renegotiation • terminate the project • cooperate with the architect to revise the project's scope or quality • implement some other mutually acceptable alternative
If the lowest bid or negotiated proposal is greater than the budget, the owner has five options.
• requesting additional supporting data from the claimant • suggesting a compromise accepting the claim • rejecting the claim • advising the parties that the IDM is unable to resolve the claim because of a lack of sufficient information • advising the parties that it would be inappropriate for the IDM to resolve the claim
If the owner or contractor has a dispute or makes a claim, the IDM must take certain preliminary action within 10 days of receipt of the claim. Such action may include:
Yes, a percentage of the contractor's overhead is included in the architect's fee. The Owner's budget of the Cost of the Work includes general construction costs, and profit, and overhead.
If the owner-architect contract stipulates that the architect's fee will be 7% of construction costs, will the architect be paid for that 7% portion of the contractor's overhead costs?
AIA Document B195: Standard Form of Agreement Between Owner and Architect for Integrated Delivery & AIA Document A295: General Conditions of the Contract for Integrated Project Delivery
If transitional forms used (in integrated project delivery), main docs governing architect's involvement are
the amount of credit is usually less than the price for an additional quantity of the same item. Spaces should be provided in the bid form to add and deduct amounts when applicable.
If unit prices are used when work is deleted from the contract , what happens to the credit?
a final certificate for payment is issued to the owner At this time, the withheld retainage may be released and paid to the contractor.
If, after a final inspection, the architect determines that the work is complete and acceptable under the conditions of the contract documents, what must architect do?
the architect notifies the contractor of work that must be completed before a certificate of substantial completion can be prepared The owner may choose to move into and use the building (or part of it) while punch list work is still being corrected, or the owner may choose to wait until the entire project is complete.
If, based on the site inspection, the architect determines that the work is not substantially complete
An additional service
In AIA Document BIOI, Standard Form ofAgreement Between Owner and Architect, and similar agreements, construction administration services provided by the architect beyond the date of substantial completion are considered
Incorporate the needed modifications in the CD phase to comply , without additional compensation (same as CM as constructor)
In CM as Adviser, if owner decides to revise the program, scope, or quality of the project, the architect must?
Arch proceeds to complete CD documents as with traditional DBB (same as CM as constructor)
In CM as Adviser-- After owner has approved DD documents, what is the architect's role?
Arch must consult with CM and make recommendations to owner to adjust size, quality or budget - Owner must cooperate.
In CM as adviser, If CM's estimate exceeds budget prior to conclusion of DD...
Construction cost is not applicable to this model and many construction contracts
In CM-Adviser when is construction cost determined? And number of construction contracts?
At completion and many construction contracts
In CM-Agent when is construction cost determined? And number of construction contracts?
After Design and One
In CM-Constructor when is the construction cost determined? And number of construction contracts?
At completion and one
In Cost plus fixed fee construction cost is determined when? And number of construction contracts?
1.Scope
In Cost plus fixed fee what is the primary driving factor?
no. attached as an exhibit
In DB, does the architect's consultant have a contractual relation to the design builder (contractor)?
With the award of the contract for construction
In DBB, when does architect's responsibilities for construction phase start?
1. Cost 2.Risk
In Design Bid Build what is the primary and secondary driving factor?
After Design and one
In Design-Bid-Build Construction cost is determined when? And Number of construction contracts?
After Design and one
In Design-Build: Bridging when is the construction cost determined? And number of construction contracts?
Before Design and one
In Design-Build: Standard when is the construction cost determined? And number of construction contracts?
Limited to working with agency representatives to ensure code compliance and coordinating any questions or communication issues related to BIM
In IPD agency review, what is the architect's role?
agency review & buyout roles of architect are limited
In IPD terms, preconstruction is the phase that includes..
yes
In IPD, can there be construction managers?
The process of selecting suppliers and finalizing prices from any remaining subcontractors and vendors that are not part of the IPD process - No major bidding or negotiating in the traditional sense because the prime contractor, major subcontractors, and major vendors have been already selected and priced out their portion of the work.
In IPD, what is "buyout"?
After Design and one
In Negotiated select team construction cost is determined when? And number of construction contracts?
1.Quality 2.Cost
In Negotiated select team what is the primary and secondary driving factor?
Design-builder
In a DB project where contractor is a Design-builder and hires an architect, who is the architect's client?
1.Risk 2.Quality
In a Design-Build: Bridging what are the primary and secondary driving factors?
1.Risk 2.Cost
In a Design-Build: Standard what are the primary and secondary driving factors?
The architect is required to design, select, or specify "fixed equipment" like fume hoods, counters, sprinkler systems, elevators, carpeting, dishwashers, security systems, AHUs, ovens, elevators, chillers, power generators, walk-in refrigerators, communication systems, etc.. These are attached and integral to the building (even if they may have an expected shorter life than the building). The architect is not required to select "movable equipment" like computers, lawnmowers, medical equipment, modular workstations, furniture, ATMs, etc. It can get a bit confusing: Built-in bookshelves are the architect's responsibility, but stand-alone bookshelves-as-furniture are not. In a commercial kitchen, a range for heating up the pan is considered fixed equipment (attached), but a freezer on wheels may be considered movable equipment. . . but a walk-in freezer would absolutely be considered fixed equipment and be part of the architect's responsibility. Of course, providing a space in the kitchen for the freezer on wheels or in the bank for an ATM is absolutely the architect's responsibility. . . but selecting the freezer or ATM may not be. *This assumes base contracts, without a check in the box for the architect to provide supplemental services to select furniture, fixtures, and equipment (FF&E)
In a building, list equipment that the architect (and her consultants) might be responsible for designing or selecting. List equipment that she may not be responsible for selecting.
- previous experience in the project type being built - references from past clients - experience of personnel - sufficient personnel to complete the project - financial qualifications, including responsibility & past experience - bonding capacity for types of bonds required - ability to obtain the insurance required by the project - history of past claims or other types of disputes - history of work with subcontractors and vendors - history of ability to complete jobs on time & on budget - knowledge and experience with special construction methods, if required - possession of special licensing or certification if required by the project
In addition to cost, architect should consider the following criteria when assisting with the selection of a contractor
The drawings, specifications, general & supplementary conditions of the contract, special conditions (if any), addenda issued prior to the receipt of bids, and the form of agreement between owner and contractor
In addition to the bidding documents, the bidding package includes...
• verifying that the owner has received the required performance bonds and labor and material pay- ment bonds • verifying that the contractor issues acceptable certificates of insurance to the client • establishing a site visit schedule based on contract and project requirements • receiving the construction schedule from the contractor. • receiving field reports from design consultants and forwarding copies to the client • reviewing and approving design consultant's billings • monitoring the contractor's progress against the construction schedule and notifying the client of any problems that may be identified • monitoring the architect's fees expended and conformance to the architect's schedule • monitoring allowances and contingencies • maintaining all documentation of construction administration activities, including issuance of archi tect's supplemental instructions, responses to requests for information, construction change direc tives, and change orders • verifying issuance of certificate of occupancy by the building official • monitoring conformance to sustainability requirements and process reports, certificates, and other forms as required by the type of sustainability certification being used
In addition to the construction administration duties, the architect is responsible for completing the following project management tasks:
1. DBuilder may give written approval of an increase in the budget for the arch's portion 2. Dbuilder may authorize rebidding or renegotiation 3. DB may terminate the agreement with the architect 4. DB may cooperate in revising the proj. scope & quality as needed to reduce the cost of work for the arch's portion of the project
In design-build, If proposed cost of work for the architect's portion of the project exceeds the lowest bona fide bid or negotiated proposal, design builder has 4 options:
The services are decided on by the design builder, architect, and owner. - Only design services = no role in bidding/neg - Also construction procurement = same as DBB
In design-build, what services does the architect provide?
A: Architects aren't required to document unsafe site conditions (like an untethered roofer). There's an ethical question, of course, if we don't. If you document it, or if you don't. . . you may be in legal trouble either way. If you do document it, make sure you give notice to the contractor right away. If the unsafe condition involves the building deviating from the drawings and specifications (like a potentially-faulty structural connection that may result in a later building collapse), the architect must document that.
In his lecture Michael Hanahan discusses the architect's role on site when an unsafe condition is seen as we are not responsible for means and methods. He says that we should not document it anywhere as this increases our liability. He said the good person in us would go talk to the GC and let him know what was seen, and that is ok, however never document it. Where the confusion comes in for me is that when this question comes up in the practice exams, the correct answer says we should document the conditions seen and then report it. Now for my question, do we document this or not? (all of the questions in this miniseries come from participants like you)
the standard building code check by the authority having jurisdiction (AHJ) as well as any other reviews by permitting agencies IPD encourages early involvement by permitting agencies
In integrated project delivery, Agency Review includes
release and indemnify the architect and architect's consultant from all claims arising from such use
In order for the client to reuse instruments of service without retaining arch, client must
Conditional use permit
In order to build a commercial building in a residential neighbohood, what must be obtained first from the local zoning jurisdiction?
the contractor must submit to the architect a notarized application for payment at least 10 days before the date established for each payment in the owner-contractor agreement This application should include the value of work-both labor and materials--completed up to the date of the application, in addition to the value of materials purchased and in acceptable storage but not yet incorporated into the work.
In order to receive periodic payment, what must the contractor submit and to who?
- If the contractor discovers that construction by the owner or other contractors will adversely affect his or her work, the contractor must notify the architect promptly. - The owner is responsible for any costs that the contractor incurs due to another contractor's delays, improperly timed activities, or defective construction. -However, if the contractor's own delays, improperly timed activities, or defective construc tion cause another contractor to incur costs that the owner must pay for, the contractor must reimburse the owner.
In separate contracted work, who is responsible for errors & omissions?
architect is required to develop a Statement of Special Inspections and submit this to the code official for review and approval The owner, or the architect as the owner's agent, must engage a qualified, independent special inspection firm (not the contractor) to do the work The owner pays for the costs of these services and tests The results of the inspections and test must be submitted to the code official for evaluation and approval.
In some cases special inspections of portions of the work may be required by provisions of the IBC. Who is responsible and what is the process?
The Work vs The Project: it's a subtle difference. The Work includes all the construction required to meet the obligations of these particular contract documents. The Project may also include efforts and buildings constructed by other contractors or the owner. For instance, as a developer, I have a background in construction and own land. On that land I'm going to build a restaurant myself, but need the expertise of a specialized contractor to build the attached movie theater at the same time. I hire an architect who creates construction documents for the theater-only portion. That part of the building goes out to bid and you win the construction contract to build the theater portion of the building. The Work includes only the theater. The Project includes both the theater and the restaurant. Obviously, in most cases, The Work and The Project are the same, but when there are, for instance, multiple prime contracts for different areas of the building(s), we need a way to differentiate The Work associated with one contract, relative to The Project associated with all the contracts combined. To see for yourself the legal definition, see the A201 and scroll down to sections 1.1.3 and 1.1.4. A warning that this legalize definition will probably not make the difference between the two terms clearer to you.
In the AIA contracts, what is "The Work" and is "The Project?"
Submit an additional service request
In the event of a performance error by the owner's consultant, what must the architect do first before incorporating changes?
Rehabilitation
In the renovation of a historic structure, the treatment approach that attempts to retain the most historic materials and spaces while allowing replacement of damaged exterior materials is?
Is which often abbreviated as CUP can be found in a zoning code.
In what kind of Document would you find the term "conditional use permit" defined?
Both Building Codes and Plumbing Codes
Information regrading the minimum number of plumbing fixtures required for various occupancies may be found in which of the following sources?
Inspection-based quality controls: humans inspect the product, for example a third-party drawing review by a firm's project architect, practicing in another city, who is has not been assigned to this project Process-based quality controls: Semi-automated quality management with little-to-no human input, for example BIM automated code review and clash detection.
Inspection-based quality controls vs process-based quality controls
Inspection = review output & adjust inputs ; oversight of drawings & revisions, checklists Process = incorporates quality reviews into process instead of checking at end (ex. ISO9001 and Six Sigma)
Inspection-based systems vs. process-based systems
Outlines the procedures and requirements that the bidders must follow in submitting bids, how the bids will be considered, and submittals required of the successful bidder - AIA Doc A701: Instructions to bidders is often used
Instruction to bidders
- Bidder's representations - Bidding documents - Interpretation or correction of bidding documents - Substitutions - Addenda - Bidding procedures - Modification or withdrawal of bid - Consideration of bids - Post-bid information - If requested by successful bidder, owner must furnish the bidder with reasonable evidence that the financial arrangements have been made to fulfill the owner's obligations (no less than 7 days prior to expiration of the time for withdrawal of bids) - Performance bond & payment bond -
Instruction to bidders normally include the following items
Instrument of service: Any tangible or intangible work by the architect or consultants, including drawings, specifications, sketches, models, notes, and surveys.* *Owned by the architect and consultants, and licensed to the contractor and owner for use in construction Contract documents (CD drawings and specs that go to bid and used to build) are a subset of the instruments of service, so all contract documents are instruments of service, but not all instruments of service (i.e. sketches) are contract documents.
Instrument of service
- Drawings, specifications, and other documents, including those in electronic form, are considered instruments of service whose authors and owners are the architect and the architect's consultants - They retain all common law, statutory, and other reserved rights, including copyrights - Under the terms of the agreement, the architect grants the owner a license to use the instruments of service solely and exclusively for constructing, using, maintaining, altering, and adding to the project. This license is terminated if the architect rightfully terminates the agreement for cause as described elsewhere in the agreement.
Instruments of service
Project delivery or process failures such as incomplete or uncoordinated consultant drawings (redlining)
Internal failure costs
Article in the A701 Instructions to bidders that requires contractors to carefully study the bid documents and report to the architect and errors, inconsistencies or ambiguities. Questions must be in written form 7 days prior to bid
Interpretation or correction of bidding documents
An invitation to a selected list of contractors soliciting bids for a project. Required for when contractors must be prequalified. Includes the same information as the advertisement for bids. It may also include a set of drawings & specifications, or instructions for obtaining these from an online plan room.
Invitation to bid
No, unless contractor recognizes error & failed to report it to architect
Is GC liable for drawing errors or omissions?
Yes
Is a change order summary included in contractor's app for payment?
Yes
Is certification that the contractor's sub been paid included in app for payment?
It depends . . . compliance zoning, building, and life safety code certainly falls under basic services, so if the AHJ is in charge of enforcing those rules, there should be no extra charge. But if the AHJ is the person who certifies LEED, or a person who certifies a semiconductor factory as meeting some level of particulates in the air so that computer chips can be made free of defects, or a person who certifies that a floor for ballet meets some level of bounciness. . . . those are supplemental services and the architect should charge extra for the design changes mandated by the AHJ.
Is compliance with an authority-having-jurisdiction (AHJ) request considered a basic or supplemental service?
Yes
Is contemporaneous documentation allowed in litigation?
No. However, if the contractor does notice a problem, the contractor must notify the architect and owner in writing - If the contractor does not give this notice and knowingly performs work that is in variance with a regulation, the contractor assumes full responsibility for such work. •
Is contractor responsible for accordance w/ building codes, ordinances, and other regulations?
Supply 1 free copy, which contractor may reproduce
Is owner obligated to give contractor drawings?
Yes
Is the architect liable to owner for consulant's work?
Of course not. Reimbursable expenses-project costs incurred by the architect and passed along to the owner-include Transportation Permitting Plotting Postage Taxes Site office expenses LEED, WELL, & Passive house certification fees The architect's CONSULTANT'S' professional liability insurance (if separate insurance is required by the owner exclusively for this project and the owner approves the expense)
Is the cost of the architect's professional liability insurance reimbursable?
When two companies make a temporary third company to win a commission and build a project, with profits and risks shared between the two parent companies.
Joint venture
Limited Liability Partnership: a classification of company, filed with the state, that includes tiers of partners (tiers of risk) and separates personal liabilities from business liabilities - must be filed with the state and pay yearly fees. General partner: You, who started the firm and manage it day-to-day. You are (probably) liable for an error in your drawings, but you (probably) won't lose the money you set aside as a personal nest egg if the client wins a claim . . . because you filed with the state as a limited liability entity. Even with that personal protection, you are in the top risk tier. Limited partner: Your rich aunt who put money in the firm as an investment, but knows nothing about architecture. Her investment company is (probably) not liable for the error in your drawings; and her personal nest egg is (almost certainly) not in jeopardy because of the lawsuit. Second-tier risk.
LLP (describe two types of parties)
A bond guaranteeing to the owner that the contractor will pay for all labor and materials used for the project.
Labor and Material Payment Bond
In scheduling, the latest date in which an activity can finish without extending the project duration
Late Finish (LF)
In scheduling, the latest date on which an activity can start without extending the project duration
Late Start (LS)
Finishes, millwork, specialties, landscape, furnishings
Late construction subcontractors
manufacturing systems stat maximize productivity by reducing waste and delays
Lean systems
Licensed: civil engineer, landscape architect, structural engineer, MEP consultant, technology, security Informational: Sustainability, code, cost estimator, AV, lighting, acoustics
Licensed consultants vs. informational consultants
An amount, stipulated in the contract, that the parties to a contract believe to be a reasonable estimation of the damages that will occur in the event of a breach.
Liquidated Damages
Sometimes an additional penalty is also included on top of the liquidated damages. However, if a penalty clause is included, a bonus provision must also be included or the penalty is likely to be unenforceable.
Liquidated damages - additional penalty
In many cases, a liquidated damages provision is accompanied by a bonus provision, so that the contrac tor receives a payment for early completion. This is usually based on the amount that the owner realisti cally expects to save if the project is completed early.
Liquidated damages - bonus provision
CM as adviser has multiple prime contracts, no guaranteed max price set by CM, and bidding/negotiation is used to set final cost of project
Major differences between CM as Adviser vs. CM as constructor
a claim by one party against the property of another party for the satisfaction of a debt - This is a common method for an architect, contractor, or material supplier to gain payment. If a property carries a mechanic's lien, it cannot be sold or transferred until the lien is disposed of (or bonded), except through foreclosure. - If a contractor does not pay a subcontractor or material supplier, and the unpaid party files a mechanic's lien against the property, the owner becomes responsible for pay ment. If the lien is not paid, the property can be foreclosed by the lien holder, the lender, or a taxing entity.
Mechanic's Lien
Heating drawings and specifications HVAC systems Plumbing systems
Mechanical engineer provides what drawings?
A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.
Mediation
Traditional design-bid-build: Benefit is low-cost. The default for the exam, unless another mode is specified. Architect creates contract docs, contractors bid a fixed price, usually the lowest (competent) bidder wins the contract. Takes longer, costs less, less likely to be corruption in contractor selection so almost always used in public projects Construction manager as advisor: Benefit is lower-risk for owner. CM hired to consult on constructability, cost, technical issues early in the design process. Construction manager doesn't build the building. Construction manager as agent: Benefit is low-risk for owner. Owner hires the construction manager and the construction manager takes the risk of hiring an architect and contractor. Construction manager is an expert at keeping on-schedule and on-budget. Construction manager doesn't build the building, but takes on the legal chores inherent in the contracts they administer. Construction manager as constructor: Benefit is a fast schedule. Also called "construction manager at-risk." The construction manager replaces the contractor, and hires subcontractors to complete the build. Faster because the construction manager hired early (and good cost estimating happens early), and low-risk for the owner because risk for completing the project on-budget is transferred to the construction manager. Inherent conflict: construction manager is incentivized to drive up cost or drive down quality because that translates to higher profit for the CM. Design-build: Benefit is low-risk for owner. Architect and contractor are a single business entity. Fewer conflicts between designer and constructor, but less oversight of building quality by architect. Construction cost determined before design is completed. One contract for the owner. Negotiated select team: Benefit is quality. Negotiated select team is a type of design-bid-build. Solid contractor selected early and given a contract that guarantees the contractor a profit (percentage of cost) and covers contractor overhead. Fabrication starts early (so faster) and high quality, but more expensive because no low-bidder; construction cost determined after design. Cost plus fixed fee: Benefit is scope flexibility. Contractor selected after construction documents and promised a fixed profit, regardless of building cost. Gives extreme flexibility for uncertain conditions (i.e. asbestos may be found during renovation, or owner wants freedom to respond to market demands that might change the program from residential to commercial after construction starts). Because the profit is fixed in advance and independent of the building cost, the contractor is disincentivized from allowing costs to balloon or running up change orders when the project needs to pivot. Bridged design-build: Benefit is low-risk for owner. Design architect hired to create, say, 35% of design, then drawings handed off to a design-build firm. More oversight than design-build because the bridging consultant (design architect) is independent of the design-build firm. Less risk than a design-build contract and higher quality. More expensive and takes longer. Integrated project delivery: Owner, architect, and contractor join to form a single entity and share risks and profits. More collaborative, more transparent, fewer lawsuits; but less clarity as to who is responsible for what, whose insurance covers mistakes, and who owns intellectual property.
Memorize the following project delivery methods: DBB CMadvisor CMagent CM constructor Negotiated select team Cost-plus fixed fee Design Build bridged design build IPD
Mechanical, plumbing, electrical, security, elevator, windows, doors
Middle construction subcontractors
- Best for small projects - List of deadlines & assignment of responsibility for each task
Milestone chart
Requires contractors to post performance and payment bonds.
Miller Act
A written order by the architect directing the contractor to make a minor change that does not involve modification to the contract sum or time and is consistent with the contract documents.
Minor change in work
- Bids may not be modified after the designated bid time & date - Before that time, however, a bid may be modified or withdrawn by making notice in writing over the signature of the bidder - Writing over signature confirms bid has been modified or withdrawn so original bid cannot be used. The person receiving bids must date and time-stamp the request. - Withdrawn bids can be resubmitted if they are in full conformance w/ Instructions to Bidders
Modification or withdrawal of bid
- direct salary of employees is determined and multiplied by a factor to account for normal and required personnel expenses such as taxes, sick leave, health care, and so on. Then, the amount is increased by a multiplier that includes provisions for overhead and profit. - For example, if a particular employee's direct personnel expense is calculated at $30.00 per hour and the multiplier is 2.5, then the cost to the client for that person is $75.00 per hour.
Multiple of Direct Personnel Expenses [B101]
AKA net multiplier method - Similar to multiple of direct personnel approach, but DPE multiplier is larger to provide for employee benefits
Multiple of direct salary expense method [B101]
Multiple prime: No single general contractor! Instead, owner contracts separately with multiple contractors (i.e. one each for core and shell contractor, interior fit-out contractor, foundation contractor, MEP contractor, etc.), and the owner-or their construction manager-coordinates the project. It is most associated with public projects, and some states require this flavor of project delivery for public projects, like schools, firehouses, and city halls. Its major distinguishing characteristic is its major disadvantage: without the general contractor overseeing construction there's a real potential for muddled chain-of-command, murky accountability, and delayed scheduling. Clear lines of communication are crucial here. Advantages: Lower cost (skips the general contractor as "middleman") and faster schedule (first portions of the project can be awarded before design is complete) are possible, in theory . . . but often not realized in practice
Name the advantages and disadvantages of a multiple prime contract project delivery method.
net fee determined by subtracting consultant fees from the gross fee of the project
Net Service Revenue (formula / used for?)
The net-to-gross ratio, also called efficiency, is the ratio of the net assignable area to the gross area. Try to get close to 1.0 in order to have as much usable space without as much "mechanical" or required space
Net to gross ratio
Each of these metrics is a measure of efficiency (profitability for the owner); especially important in commercial office space construction. = Net/Gross (less-than 1): Net assignable area=all the spaces needed by the client (offices). Gross area is the whole building, including structure, mechanical, and circulation spaces not included in net assignable area. = Rentable/Useable (greater-than 1): Rentable includes common areas used by all building tenants like lobbies, stairwells, janitorial closets, mechanical rooms, and elevator shafts. Landlords charge tenants rent for a pro-rated portion of those spaces. . . so if your company rents 11% of a building floor, you will also pay for 11% of the mechanical room and common lobby area. Usable=just the area the tenant will occupy to do business, including columns, private restrooms, private corridors within the office suite, and private storage, but not the lobbies, janitorial, etc. shared by other tenants. Companies that will lease the floor from the owner obviously want low rentable/usable values. = Grossing Factor (greater-than 1): a grossing factor, established during programming, of 1.30 means that you will need to plan on 30sf of mechanical, circulation, etc. space for every 100sf of office space. *There are all kinds of varied conventions for how to calculate these. . . Atrium square footage is usually only counted once but multi-floor mechanical shafts may either be counted once or not counted at all. Covered walkways and exterior stairs may be counted as 50%, or may not be counted at all. Sometimes spaces with ceilings lower than 7.5ft aren't counted, and sometimes only spaces with ceiling heights under 6ft aren't counted. How do you count an extra-wide corridor in a head trauma rehab facility designed to double as a runway for patients to practice walking during physical therapy sessions? Most commonly, gross building area is measured from the outside face of the outside wall, but I've been told that in some local markets, landlords establish commercial real estate rents from the inside face. So don't get too stressed by the lack of a universal standard. If you see a question on an exam, take your best guess based on what's on this card and the information presented in the test question and trust that it will (probably) work out.
Net-to-gross Rentable-to-useable Grossing factor
60
No dispute resolution proceedings whose outcome would be binding may be held before at least __days from the date that the request for mediation was filed, in the hope that a mutually acceptable agreement can be reached within that time period.
- owner fails to make payments - change in work materially changes the contract sum - contractor identifies in writing a reasonable concern regarding the owner's ability to pay
Once work has begun, contractor can only request evidence of owner's finances if...
hard cost
Overhead + profit, contingency, installation are all hard cost or soft cost?
Total overhead expenses / direct salary expenses (overhead includes benefits & indirect salary)
Overhead rate calculation (based on DSE)
Geotechnical, hazardous materials, survey, traffic, legal/permitting
Owner's direct consultants
Owner must provide program, schedule, budget - Program must include owner's objectives, schedule, constraints, and design criteria including space requirements and relationships, special equipment, systems, and site requirements - Furnish services of geotech. engineer - Furnish all tests, inspections, reports required by law or by the contract documents - Furnish all insurance, legal, accounting services needed for project
Owner's responsibilities [B101]
A101 - Owner/Contractor agreement with stipulated sum - Also assigns responsibility & tasks to arch during construction phase
Owner-Contractor Agreement
Subset of critical path scheduling diagrams that clearly identifies the building sequence, but is unspecific as to task duration. Developed by the contractor (as is all construction scheduling). See here for an excellent example https://hbr.org/resources/images/article_assets/hbr/6309/63508_B.gif. The alternative, Gantt charts, also demonstrate sequence, but Gantts include task duration. They look like this https://assets-global.website-files.com/5a690960b80baa0001e05b0f/5c3c8b46f0951f7b2002c6ff_Construction%20project%20schedule%20gantt%20chart%20example.png
PERT critical path diagrams
General partnerships: Two or more people get together to start a firm. Partnership agreements are very important to establish who will do what, who gets credit, how profits are divided, who can put the firm into debt, what happens when one person decides to leave the firm, etc.. Limited partnerships: partial owners in a firm with limited management roles. Your rich aunt wants to invest in your idea to start a firm, but knows nothing about architecture. You take her $15,000 to start your firm and give her 10% ownership. She's entitled to 10% of future dividends paid to owners from profits, and as a limited partner, she's not (much) liable for civil damages when the building you designed burns down and hurts someone. If you sell the firm in 20 years, she gets 10% of the sale price, after expenses; if you list it on a public stock exchange, she gets 10% of the stock; if you go broke, she gets nothing back. Don't confuse partnerships, which happen when people couple-up to start a company, with the ways that firms couple-up. . . Strategic alliance is two companies hanging out together to land or execute a job; joint venture is two companies making a baby to land or execute a job and each one has ownership in the baby; a merger is a total combining of the two companies into a single company that now shares everything as a single, larger, firm.
Partnership (types? and explain the types)
1- Bidding Requirements 2- Contracts 3- General and Supplemental Conditions 4- Specifications: the bulk of the project manual is specifications, and they are typically organized in MasterSpec format (concrete, then masonry, then metals, etc.)
Parts of a project manual
Current work in place for the project, phase, or task, expressed as a subjective percent complete and not based on the percentage of labor hours or dollar amounts spent.
Percent Complete
- fixed percentage of the cost of construction. - less commonly used than the other methods. - Gives the architect an incentive to keep the cost of construction high; from the architect's viewpoint, a low-cost project can require just as much work as an expensive project, sometimes even more.
Percent of construction cost [B101]
Protects the owner by having a third party responsible for completing the work if the contractor does not
Performance Bond
contractor provides bond to owner surety company guarantees the contractor will fulfill contractual duties to the owner Article states required bonds & time during which they must be delivered Normally, cost of bonds is included in the bid price, unless the bonds are specifically required to be furnished after the receipt of bids & before execution of the contract
Performance Bond Payment Bond - what is listed in article of instructions to bidders? where is cost of bonds included? iƒ
Fast bid, used for fast track; Design while other phase is going
Phased bid
early expansion, peak growth, late expansion, market peak, early contraction, peak decline, late contraction, market trough
Phases of the business cycle
Labor hours and dollar amounts planned at project initiation
Planned Cost
Job-to-date plus estimate-to-completion labor hours and dollar amounts estimated at project completion
Planned estimate at completion
Article in A701 that outlines that the contractor must furnish their qualification statement (AIA Doc A305), a summary of the work performed by their own forces, names of manufactures, subs, etc proposed, and names of persons or companies to perform major portions of the work.
Post-bid information
Net assignable area, grossing factor, construction cost per square foot, and budget
Potential for design quality is created during programming by controlling these four variables
meeting of architect, owner and bidders to emphasize important project areas and answer questions. Notes of the meeting will be drawn up and answer to questions formalized into an addendum. - Particularly useful for renovation or addition projects, for bidders to see existing conditions - On large projects, separate conferences may be held for separate subcontract bidders
Pre-bid conference
Organized by Architect (DBB); provides design and construction team members with an understanding of project procedures, requirements, due dates, and special characteristics
Pre-construction conference (who organizes? what is it for?)
• how communications will be handled • construction and submittal schedules • access to the site and restrictions on site usage, including parking, security, and use of or provision of resources such as restrooms, electricity, temporary heat, phones, and space for a construction office or trailer • insurance requirements • submittal requirements • procedure for requests for information • changes in the work • nonconforming work • sustainability requirements • site visits by the architect and others • reporting required by the contractors • tolerances required for critical elements • separate contracts by the owner • partial occupancy • coordination among the contractors
Pre-construction conference agenda should include:
typologies, morphologies, client typologies, technologies, graphics, space standards, forms & formulas, best practices
Pre-project collection might include
estimating a cost per room, then multiplying that by the number of rooms in the facility. The component cost would include a percentage of the support functions required by that type of facility.
Preparing a budget :Component cost.
The total number of measured units in a project is multiplied by a predetermined cost per measured unit;
Preparing a budget :Cost per measure
staff training & education (investment in good printing and programs)
Prevention costs
Prime contracts: Main contract with the owner for the work with the expectation that some of the work will be completed with the use of subcontracts. The contractor has a prime contract with the owner, and he hires a plumbing subcontractor, a concrete subcontractor, a roofing subcontractor etc. using subcontracts. Multiple prime contracts- The project is fast-tracked, staged, phased, has multiple funding sources, or there's a CM-as-agent managing a project on behalf of the owner, and the owner signs multiple prime contracts with a contractor, who in turn, will sign multiple subcontracts: one for the curtain wall while she waits for the rest of the drawings to be completed (fast track). . one for the abortion clinic that will be paid for with private funds and one for the attached medical clinic that will paid for with government funds (multiple funding sources) . . .one for the construction of the storage facility and one for ongoing maintenance at that same facility to be provided by the builder after the facility is occupied (multiple stages). . . or one prime contract for the HVAC contractor and another prime contract for the framing contractor (multiple phases).
Prime contract vs. multiple prime contract
the principle that a contract cannot be used as the basis of a legal claim except by those who are parties to it
Privity
creating systems that promote quality without human intervention
Process quality
brochures, charts, instructions, performance data, catalog pages, and other information that illustrate some portion of the work - usually published by the product manufacturer and is less specific than the information included in shop drawings, since the same docu ments may be used for multiple projects
Product data
Architect must manage arch's own services & administer project - Consult w/ owner, research design criteria, attend meetings, coordinate arch & owner's consultants, issue progress reports - prepare & update project schedule - consider alternative materials & bldg systems
Project Administration services [B101, Art.3]
Typically organized by arch, but can be by anyone. - Standard O-A agreemnt requires arch attend the proj. mtgs regardless of who organizes them
Project Meetings
- Used to monitor employees' time sheets weekly in order to compare the actual hours expended to the budgeted time and take corrective action if the actual time exceeds the budgeted time. - Can be manual or software - See example
Project Monitoring Chart
The desire to continue to pursue perfection. Marginal progress toward perfection comes at the expense of a great deal of additional time and resources. Occurs when contractual and office quality standards have been met, but production staff want to continue refining and improving design. - Draw graph
Project Perfection Syndrome
Document that spells out safety protocol and hazards at work. Contractor is responsible for posting on site.
Project Safety Plan
Gantt charts, flow charts, and work breakdown structure (WBS) charts
Project management charts
Manages the process of a project - Budget - Schedule - Tasks - Contracts/Forms - Scope
Project notebook
Pursuit of over-detailed, over-quality work against the phase and needs of projects.
Project perfection syndrome
Purchased by the owner to cover damages and loss of work on and off site, equal in amount to the total value of the project.
Property Insurance (or Builder's Risk Insurance)
submission of payroll records
Public projects that require the use of prevailing wage rates may require ________ with applications for payment.
May have specific guidelines for the number of times ads must run, publications to which it is to be submitted, and other admin guidelines
Public work requirements for advertising bids
List of items made by architect when inspecting a project for substantial completion Arch notes what needs to be completed and corrected per contract documents
Punch list
The office tenant's usable area, plus his or her prorated share of the common areas. Everything for use on a floor, including lobby but not vertical chaises (
Rentable area
A deed provision limiting certain uses of a property which the surrounding owners may seek to enforce. The provision is legally binding (i.e. for 99 years, no construction over there to protect a rare species), but can be declared unfair and unenforceable (no one of a specific religion can occupy this land).
Restrictive covenants
A certain percentage of money owed to the contractor for work progress that is held back by the owner to encourage completion of the project. Usually 10% Can be used to satisfy lien claims
Retainage
AKA Yield on total pay roll ; Measures firm profitability; Billable Revenue / Base Salary
Revenue Factor
Architect is allowed reasonably to time to photograph completed work for marketing materials, unless client has previously notified architect in writing that subject is confidential or proprietary.
Right to Photograph (B101; Article 10)
earned value / planned value
SPI (scheduled performance index)
allocates the total contract sum to various portions of work (site work, foundations, framing, etc) The contractor indicates the percentage of completion of each line item on the pay application The difference between the quantities between one application for payment and the previous represents the amount of work completed during the payment period and the amount of money due to the contractor
Schedule of Values
drawings, diagrams, schedules, and other data prepared to show how a subcontractor or supplier proposes to supply and install work to conform to the requirements of the contract docu ments for this specific project - Usually detailed, showing construction & may include drawings
Shop drawings
NO! O-C agreement should be drafted by owner's attorney or other auth. rep. -- make this clear
Should the arch provide legal services to owner? Are they party to owner-contractor agreement?
improvement process for eliminating variation
Six Sigma
Steel erection is scheduled to be completed today, but the masonry crew, which was first-in-line waiting on steel erection before starting to lay brick, isn't scheduled to start for 10 more days. We then say that there had been 10 days of slack between these two tasks. We measure task-specific slack, like the example above, and whole-project slack.
Slack
Smoke pencil: for tracing the source of building skin air leaks. See here for an example https://youtu.be/2lv5RAUCiG0?t=21 We use a blower door test to pressurize and depressurize the building to measure total building air leakage. While we have the building pressurized for the blower door test, we can run a smoke pencil (also called a smoke pen) as a wand and watch the smoke move into or out from seams in the building skin, at door and window frames, and at penetrations for utilities.
Smoke pencil
Sole proprietorship: When a single person goes into business with no separation of personal and business liabilitiesGeneral partnership: When two or more people go into business together with no separation of personal and business liabilities In both cases, you can lose your own family's house because of a design error. That's why registering as an LLC or LLP is better for an architecture firm.
Sole proprietorship vs general partnership
requires the architect to perform his or her services in a manner consistent with the level of professional skill and care that is ordinarily provided by architects practicing in similar locations under similar circumstances - The architect must not take part in any activity or accept any employment, interest, or contribution that could reasonably appear to compromise thearchitect's judgment.
Standard of care
establishes the amount of time that a party has to take legal action upon completion. usually longer than repose
Statute of Limitations
Establishes the time to take legal action once discovery
Statute of Repose
Owner Pays architect a particular amount for a specific set of services. Typically paid out monthly. Does not include reimbursable expenses.
Stipulated Sum (fixed fee) (B101; Article 11)
Mission, Vision, issues & initiatives , goals, strategies, action plans
Strategic Planning Elements
Foundation drawings Floor framing plans Load-bearing wall drawings and details
Structural engineer provides what drawings?
The process by which an insurer can, after it has paid a loss under the policy, recover the amount paid from any party (other than the insured) who caused the loss or is otherwise legally liable for the loss.
Subrogation
is the point in time when the owner can occupy or utilize the work for its intended purpose as determined by the architect
Substantial Completion
stage at which the work, or a designated portion of it, is sufficiently complete that the owner can occupy it or use it for its intended purpose, in accordance with the contract documents. - The time of substantial completion can be expressed with a specific calendar date or by a number of calendar days from the date of commencement. The completion time may be extended, as provided for in the general conditions, when the delay is due to weather or other circumstances beyond the control of the contractor.
Substantial completion
The materials or products described on the drawings & specs establish a standard for work. If bidder wants to propose a sub, it must meet this standard. Bidder required to submit a request for approval of proposed sub within 10 days prior to bid opening date. Request must include name of the material or equipment for which the sub is submitted, along with complete backup info about substitution. - Arch reviews & may reject or approve. If approved, issue addendum stating this fact and sends to all bidders. - No subs can be considered after the contract award
Substitutions (how to propose during bidding process? process of approval?)
During bidding, many contractors may request that substitutions be considered for some of the specified materials - Especially when a project has proprietary specs or a limited list of acceptable mfrs. - Conditions for substitutions must be defined in instructions to bidders
Substitutions during bidding (are substitutions allowed? where are conditions specified?)
Typical Design-Bid-Build Owner-Architect ContractThe Architect must: Maintain schedule and budget Manage utilities, codes, governmental agencies Consider environmentally sustainable options Provide the instruments of service at the standard of care Cost estimate at every phase and redesign if over budget
Summarize AIA B101, the owner-architect agreement
Drawings issued during construction and can be issued with supplemental instructions. Supplemental drawings are considered record documents that are assembled by the contractor for review by the architect.
Supplemental drawings
Supplemental instructions to bidders: Modifications to general conditions in contracts. Example: a project goes out to bid and one contractor notices that there is no space set aside for the fourth floor electrical equipment. Architect says, "good catch," and redraws the plan to include an electrical closet. That's called an addendum (plural: addenda), which is then sent to all the bidders so that they can all bid on the same project, and so all the bid dollar amounts can be easily compared by the owner; they each have the electrical closet cost factored in. Architect's supplemental instructions: after construction is underway, like a change order, but so minor it won't affect the cost or project schedule. Example: changing the paint color before the paint has been purchased.
Supplemental instructions to bidders vs Architect's supplemental instructions
A contract document that identifies and describes the : - objective - measures to achieve the objective - strategies to implement sustainable measures - responsibilities of the owner, architect and contractor - details about design reviews - testing required to verify achievement - documentation required for the project.
Sustainability plan
A specific design or construction element, or a post-occupancy use, operation or monitoring requirement, that must completed to achieve sustainable objective.
Sustainable Measure (B101 SP)
A goal to be achieved by incorporating sustainable measures into the design, construction, maintenance, and operations of the project. Could be based on Code or could be voluntary.
Sustainable Objective (B101 SP)
firm-wide standard target multiplier, including profit target
Target multiplier
The relationship of stop and start times for tasks Start-start: align the start times of the steel folks who cut the rebar and the welders Start-finish (also called a natural dependency): align the finish time of the rebar welders with the start time of the concrete trucks Finish-finish: align the finish times of the folks who remove the formwork from the concrete foundation and the rented pumps that keep the foundation excavation pit dry during construction.
Task dependency ( + types of dependencies)
A method of financing cities use to issue bonds to pay for improvements within a specified district. Improvements are intended to stimulate private development within the district by providing better infrastructure and city services.
Tax Increment Financing
Either party can terminate agreement with no less than 7 days notice if other party fails substantially to perform according to terms of the agreements. Architect can suspend within 7 days if owner fails to pay fees. Architect must be compensated for prior work if project is suspended or terminated. Owner can terminate per their convenience.
Termination (B101; Article 9)
Procedure by geotechnical engineer on soil. Checks: - Ability to support the building - Permeability - Potential soil To see on in progress https://youtu.be/xfbaCqvFOuM?t=4
Test boring
After 30 days of owner-stopped work If the Architect refuses to pay without reason Owner delinquent in paying (per the timelines set in the contract) If work is stopped due to court order
The Contractor can terminate when:
final and binding on the parties but is subject to mediation and binding dispute resolution. A demand for mediation can be made by the claiming party at any time
The approval or rejection of a claim by the IDM is ..?
Full wall schedule
The architect can best chart the involvement and responsibilities of all members of the project team with a
Notify the contractor in writing that the work does not meet the requirements of the contract Copy the owner Reject applications for payment (only reject payment for that portion of the work that needs to be fixed) until the contractor makes it right Owner has the right to accept nonconforming work (and will often do so if rejecting it slows down the project) Owner obviously can't accept nonconforming work that conflicts with code or safety Architect is NOT liable for catching nonconforming work on the site (he isn't there often enough and it is 100% the contractor's responsibility to build according to the contract documents). No one's drawings are perfect and construction isn't predictable. . . There is always SOME nonconforming work. The question is: does the nonconforming work rise to a level where it is detrimental to the building's use or appearance.
The architect comes across something on the site that does not conform with the contract documents. What does the architect do? (payment?is arch liable for catching?)
- can't represent the amt of work done or materials stored is in conformance w/ application - • defective work not remedied • third-party claims or evidence of probability of third-party claims • known failure of the contractor to make payments to subcontractors (however, approval of an appli cation for payment does not indicate that the architect has confirmed that the contractor is making such payments to subcontractors) • reasonable evidence that the work cannot be completed for the unpaid balance of the contract sum • damage to the owner or a separate contractor • reasonable evidence that the work will not be completed on time and that the unpaid balance will not be sufficient to cover damages due to the delay • repeated failure of the contractor to carry out the work in accordance with the contract documents.
The architect may withhold payment for the following reasons
the final certificate for payment is issued, if so described in the owner-architect agreement
The architect's services may terminate when...
Before SD and after each phase. The owner provides the budget before SD; the architect provides a cost estimate after SD and after DD; the contractor implicitly adjusts the estimate when she bids to build the project. If the bids are higher than the budget and architect's estimates, the owner can ask the architect to redesign in order to meet the budget (for free). The budget must meet requirements for - Program - Schedule - Market Conditions
The budget should be evaluated when?
- introduction and description of the scope of the commissioning list of the systems and other elements to be commissioned - responsibilities and identification of team members - commissioning schedule - commissioning protocols -documentation required during the process - test procedures and inspection plans - construction checklists
The commissioning plan is a written statement that may include
- commissioning provider - architect - mechanical, electrical, and plumbing engineers as well as other design consultants as appropriate - general contractor - various subcontractors providing elements of the systems to be commissioned, such as mechanical, electrical, fire protection, and so on owner, owner's operation personnel, and owner's maintenance personnel - others directly involved with the construction process, including the owner's agent, code officials, and construction manager
The following people should participate in building commissioning
Nice try, Bidder. But, no. You can imagine that this game has been played before in hopes of both winning a contract with a low bid AND turning a profit when the winning low bid would almost surely need to be so low that the contractor would take a loss on the project. . . so there's a provision in the AIA A701 Instructions to Bidders to mitigate that problem. First, the architect or owner fills in a blank field on one of the pages of the Instructions to Bidders indicating whether the addenda will be transmitted by email, website, paper copy, certified mail, or any other method that the owner/architect chooses. Second, the Instructions to Bidders require that each bidder confirms in writing that they have received ALL of the listed addenda for the project prior to submitting a bid. Your own homemade Instructions to Bidders would have not thought to include that safegaurd. . . which is why you should pay AIA for their standard, continually-responding-to-events-like-this, time-honored contracts.
The low bidder wins the job, then insists on a $75,000 change order because he claims that he didn't get the architect's addenda requiring that the plumbing supply lines be copper (rather than plastic). Now what?
The mason doesn't have a contract with the architect. The mason has a contract with the contractor, the contractor has a contract with the owner, and the owner, in turn, has a contract with the architect. There is a "chain of command" for liability, accountability, and communication. In this case, the mason communicates the concern with the contractor, who relays it to the owner and architect. At least that is how it is supposed to work according to the AIA agreement, the insurance companies, and the ARE exam. In practice, this norm is sometimes short-circuited.
The mason has a concern. Why don't they communicate that concern directly with the architect?
• the size and complexity of the project • the type of construction contract being used • the exact schedule of construction operations
The number and timing of visits to a job site are left to the judgment of the architect, based on a few factors:
Serve as a witness, but charge for the time. If I haven't incessantly talked about it as a basic service in this course (MEP, structural, cost estimates, redesign if over-budget), and it requires the architect's time, its a supplemental or additional service and should be charged as such.
The owner and contractor go to court or arbitration and the architect is called as a witness. What should the architect do?
Answer: Approve the change order and send it to the owner for their approval This one question covers serval key concepts: 1- The owner is responsible for all site-related subcontractors, especially before design begins (soil report, lawyers for zoning variance approvals, etc.), but then the owner is not typically responsible for subcontractors during construction. The owner may want to use their own subs for other, non-site-related, parts of the project also, as they have elected to in this example, but the responsibility for errors or delays then becomes the owner's headache, not the architect's or contractor's responsibility. It's hard enough for the contractor to manage their own subs, and now they have to manage those who are working directly for the owner? 2- Time is money. A delay is a big deal and the contractor might need to be compensated for that (or at least forgiven for penalties imposed on the contractor for the project delay that is not the contractor's fault). Section 6 of the A201 stipulates that, "the Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly-timed activities, damage to the Work, or defective construction." 3- All changes to the contract require a change order, signed by the owner, contractor, and architect. They are typically prepared by the architect, but this one is prepared by the contractor, which is not uncommon in practice, but you should assume that architects prepare change orders when you take these exams. Change orders cover any change in the work (the contractor's own sub will now be responsible for A/V), any change in the contract sum (the owner owes the contractor for the delay), and any change in the contract time (the contractor now needs more time to finish the project because the owner's consultant was a no-show). 4- The owner has great latitude on all matters. If they want to bring in their own sub and bypass the authority of the general contractor, that's okay (but problems that arise then are not the contractor's fault) 5- Every project has quirks. Anything that deviates from the normative way of designing or building can be worked out with either a custom-made clause in the contract or a change-order after the contract is signed.
The owner hired a subcontractor to install A/V equipment in a TV studio construction project. That sub never showed up to the jobsite and delayed construction by 22 days. The contractor created a change order so they can hire their own consultant to finish the work and get the project at least partially caught up to the schedule, and it included compensation to the contractor for the project delay. What should the architect do?
• to become generally familiar with the progress and quality of the work and to keep the owner informed • to endeavor to guard the owner against defects and deficiencies in the work • to determine if the work is progressing in such a way that it will be in accordance with the contract documents when completed
The purpose of the architect's observation is the following:
Yes, the owner can accept nonconforming work instead of insisting on its removal and replacement. If the extra six inches put the building out of alignment with the maximum height in the IBC or zoning code, the architect would need to object. . . but if there's no code or life safety issue, the owner can have a taller ceiling if he wants to. If the owner accepting nonconforming work triggers a change in the budget (like if the owner worked out with the contractor that she wouldn't have to rebuild the room to the proper height, but in return, the owner would get a $1,000 credit) . . . well that's a change to the budget, therefore a change to the contract, therefore it requires a change order. The owner-accepted nonconforming work should be noted on the architect's certificate of substantial completion.
The steel columns come in at six inches taller than drawn and the erectors assemble the room such that it is six inches taller than drawn. Can the owner accept this non-conforming work?
Addendum: A change made to the drawings after the project goes out for contractors to bid, but before the bids are due. Change order: a change, after the bid is accepted, negotiated among the contractor, owner, and architect that impacts the cost or schedule. It is agreed upon in writing by all three parties. ASI (architect's supplemental information): a clarification or interpretation of the drawings or specs that does not change the cost or schedule. Construction change directive: architect-issued directive to modify the work now while the contractor and owner continue to negotiate who will pay for the change. Used so that disagreements don't delay the project.
These documents are included in "contract documents"
RFIs (though the results of an RFI could lead to an addendum, architect's supplemental information (ASI), construction change directive, or change order, which would then become part of the contract documents)
These documents are not included in "contract documents"
If someone gets hurt on the construction site, and they sue the owner, the contractor will cover any losses incurred by the owner for losses like this arising on the contractor's site. Indemnity is a tricky subject, even for attorneys. See below for an especially-gruesome example.
Think of a real-life example, or a dramatized made-up situation, of the application of A201 #3.18. Where does that particular indemnification clause do?
"Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect." This provision is in support of privity. No one but the owner and the architect can sue to enforce the agreement or to claim damages based on it.
Third party claims [B101]
in accordance w/ submittal schedule prepared by the contractor and approved at the beginning of the project by the architect. In the absence of an approved submit tal schedule, the submittals are approved with reasonable promptness while allowing sufficient time in the architect's professional judgment to permit adequate review.
Time frame for reviewing submittals?
- Method of estimating fees after creating schedule & assigning fees to the various tasks 1. PM est. total fee needed to complete project 2. Determine fee available for direct labor, the amounts of th eother elements must be est. and subtracted from total fee 3. PM allocates fee for direct labor to the various phases
Top Down Approach
The maximum amount of time an activity can be delayed from its early start without delaying the entire project or violating a schedule constraint.
Total Float (TF)
Total working capital is a firm's current assets: cash + accounts receivable Accounts receivable = the cash we're going to receive soon (we've billed for the work, but the client hasn't yet paid)
Total working capital
The fee available to pay people to do the job after subtracting fees for profit, consultants and other expenses.
Total working fee
Type 1: Graphic/Confirming RFI (1-2hrs) Type 2: Coordination / Missing Info (5hrs) Type 3: Code/Contract Info (8-10hrs)
Type of RFIs: Type 1 - 4
Lead - paint, plumbing pipes, solder, roof flashings Polychlorinated Biphenyls (PCBs)- older electrical equipment Radon - gas found in basements or crawlspace Crystalline Syllica - sand/stone, masonry, latex paints Asbestos - Insulation, floor ceiling tiles Glass Fiber - Insulation
Typical hazardous materials + where they are found
Schematic - 15% DD - 20% CD - 40% Bidding - 5% CA - 20%
Typical percent of fees per phase in DBB
1. Give written approval to increase the budget for th eproject 2. Revise the project program, scope, or quality as required to reduce the cost 3. Implement any other mutually acceptable alternative
Under A133, if CM's estimate at conclusion of DD exceeds owner's budget...owner may take one of these three options
Similar to those under DBB - Arch works with CM during design phases as CM develops cost & schedule & advises on matters of constructability - Arch does NOT provide cost estimates - Arch submits to owner & CM a schedule of design services for inclusion in the overall project schedule - Arch prepares schem docs and reviews with owner & CM; CM uses as basis for beginning to establish proposal or cost est.
Under AB133, what are the roles of the architect during preconstruction?
• targeted sustainable measures • implementation strategies • the owner's, architect's, and contractor's roles and responsibilities associated with achieving the sustainable measures • details about design reviews, testing, or metrics to verify achievement of each sustainable measure • the documentation and format required
Under AIA Doc B101 SP, one of the contract documents is the sustainability plan which describes the following
• advise and consult with the owner on the progress of the project toward achieving the sustainable measures. As part of the field reports prepared during regular site visits, the architect must notify the owner of any known deviations from the contract documents that might impact achievement of sustainable measures. • If a proposed design or construction change that is needed to address a field condition might impact a sustainable measure or the sustainable objective, the architect must notify the owner. • The architect must respond to the contractor's requests for information when the contractor asks the architect to describe how a product, material, or equipment was intended to satisfy the requirements of a sustainable measure. • The architect must register the project with the certifying authority. Any fees paid by the architect to do so are deemed reimbursable expenses. • The architect must collect the sustainability documentation from the owner and contractor, organize and manage the information and confirm that it is in an appropriate format, and submit the documentation to the certifying authority as required for the sustainability certification process. • The architect must prepare and submit the application for certification to the certifying authority and, if needed, prepare responses to any additional questions or documentation required by the certifying authority.
Under AIA Doc B101 SP, the architect's responsibilities in CA include:
- The arch works with the CM during design phases as CM develops $ & Schedule (providing cost est. is not part of arch's services under B132) - Arch submits schedule of the design services for inclusion in the overall project schedule to the owner & CM - Prepares schematic design documents & reviews them w/
Under AIAB132: Standard Form of Agreement Between Owner & Architect, CM as Adviser, the roles of architect during preconstruction are similar to those under d-b-b except for following:
consult with CM and make appropriate recommendations to the owner to adjust the project's size, quality or budget.
Under Doc A133, If the CM's estimate of the cost of work exceeds owner's budget prior to conclusion of DD, arch must..
• O & A comm via architect • C & Design consultants via arch • A, subcont, suppliers via contractor
Under general conditions of the contract for construction, what are the various lines of communication?
- Using the unit cost method, fees are based on a definable unit, such as square footage, for such work as tenant planning in a leased building, or on a per-house basis in a large residential project. This approach can work well for projects with a great deal of repetition.
Unit cost [B101]
Unit prices: Cost for performing additional work when encountering unknown conditions. How much will it cost the owner to clean each cubic yard of contaminated soil (because we're not yet sure how much of the site is contaminated)? How much to design each new fast food franchise building (because the restaurant chain is growing, but may not be in five years, and we want to specifically quantify the costs of expansion now)? How much to design and build each additional rehab patient room beyond the first 40 patient rooms (because our non-profit client will want to help more people if they land the grant they've applied to)?
Unit prices
all areas used (corridors, offices, etc.) plus restroom and lobby
Usable area
The percentage of an employee's time that is billable to clients. Calculated using the formula: (billable time/total time) x 100. FOR INDIVIDUALS / FOR COMPANY use (direct salary expenses / base salary)
Utilization Rate
Aka value analysis - can be used prior to bidding, or even after, but it is considered an additional service if the owner hires a value analysis consultant (per AIA Document B204). VE is best used earlier in the design process.
Value Engineering
Multiple of direct personnel expense approach - Multiple of direct salary method - Hourly billing rates method
Variations of cost-plus-fee approach (B101)
Waive their rights against each other for nay damage during the construction that is covered by insurance
Waiver of Subrogation
•AKA waiver of subrogation - waiver of damages that are covered by property insurance during construction. It means the owner and architect cannot sue each other for damages if they are covered by property insurance, as is required by the owner-contractor agreement - The waiver prevents the insurance company from suing any of the principal participants in the project (architect, contractor, subcontractors, engineers, and consultants) to recover what has been paid for an insured loss.
Waiver of rights [B101]
AIA Document C106 Digital Data Licensing Agreement
What American Institute of Architects (AIA) documents is used to create a license to use computer aided drafting(CAD) files and building information models (BIM)
Construction Documents
What Phase is the main source of claims of negligence?
ISO 9001
What Quality assurance program or methods allow a firm's design and production process to be certified as compliant by a third-party auditor?
Issue a change order
What actions can a GC take if an architect's modification of shop drawings or samples result in an increast of cost or time?
Milestone
What approach is utilized when the completion date is the most important scheduling criterion. Schools, universities, dormitories, retail complexes, and other time-critical or revenue-generating projects may be scheduled according to this method.
Additional services provided to maintain the progress of the project
What are "contingent additional services " as defined in AIA contract documents?
1. Your firm familiarities and experience 2 the client needs 3 preexisting factors site constructability
What are 3 things to consider when choosing a delivery method
1. license 2. transfer copyright to another entity for a fee
What are some ways the owner can have access to and use the architect's instruments of service?
A: Architects should document everything during construction. Also, limit their overall liability with a cap in the contract.
What are the most common claims against architects (that succeed)? If you had a single piece of advice for architects to win a claim, what would you suggest that they do (either in contract negotiation, in the execution of their work, or once the claim is filed)?
A POE is not a standard part of the architect's services, but can be incorporated by including it in the original list of services in one of the standard AIA owner architect agreements, or by using AIA Document G802, Amendment to the Professional Services Agreement A POE can also be contracted for separately after the project is complete. From the architect's standpoint, it may bc preferable to use AIA Document G802 because any POE services are added to the original agreement; the statute of limitations thus begins on the date of substantial completion, rather than the much later date when the POE is completed.
What are the options to include POE in contract?
The America Institute of Architect and the Associated General Contractors of America identify the three common methods: 1. Design-bid-build 2. Design-build 3.construction manager at risk
What are the three common methods of project delivery as identified by the AIA and the AGC?
negligence & breach of contract
What are the two most alleged legal theories in claims against architects?
Top Down & Bottom-up
What are the two ways to assign fees in a work plan? Must assign fees after breaking down project into tasks.
1.direct cost will increase 2.overhead cost will decrease
What are two things that will likely result to shortening the critical path of a construction schedule?
AIA Doc B132 - Standard Form of Agreement Between Owner & Architect, Construction Manager as Adviser Edition. Used by AIA Doc A201- General conditions of the contract for construction
What contracts are used for CM as Adviser that define responsibility of architect?
cost plus fixed fee; the costs of changes don't affect the fee
What delivery method is best for an unknown scope or flexibility with scope?
It shows interdependencies between activities
What distinguishes a critical path method from (CPM) chart from other types of project planning tools?
The Spearin Doctrine
What doctrine 1918 Supreme Court decision which stated that the contractor is not liable to an owner for loss or damage resulting from defects in the design plans or specifications provided to the contractor
AIA Document G716 - This is a standard form that the owner, architect, and contractor may use to request further information from one another during construction - The form provides a space for the requesting party to list the relevant drawing, specification, or submittal reviewed in attempting to find information. The response to the RPI may include text as well as drawings but is neither a specific or implied authorization for work that increases the cost or time of the project.
What document is used for RFIs? What does it entail?
AIA Document B133, Standard Form ofAgreement Between Owner and Architect, Construction Manager as Constructor Edition, is intended to be used in conjunction with AIA Document A201, General Conditions of the Contract for Construction(B133??????)
What documents are used for CM as constructor?
AIA Document B143, Standard Form of Agreement Between Design-Builder and Architect - roles and responsibilities of the architect during all phases of the project, as well as construc tion administration activities, are defined in an exhibit to the agreement
What documents are used in Design Build if the architect is a consultant? Where are responsibilities outlines in this agreemnt?
stored at site, but if approved in advance, payment can also include off-site storage - must be agreed to in writing - app for payment must include costs of applicable insurance, storage, and transportation to site
What does "acceptable storage" refer to in an application for payment?
included in the construction budget, the purchase of the site, demolition of an existing facility on the site, built-in systems, and equipment.
What does Hard costs include?
A/ E fees, bonding, insurance, and financing costs.
What does Soft costs include?
The stamp generally includes a statement that the submittal has been reviewed for conformance to the design intent and requirements of the construction documents only, and states that the contractor is responsible for coordination or dimensions, quantities; and construction techniques.
What does a submittal stamp note?
Dates in contract are firm. If not adhered to, there is a breach in contract
What does the phrase "Time is of the essence" refer to in a contract?
Poorly prepared drawings and specifications can raise questions in the mind of the contractor about what is specifically required, what may be implied or omitted. To cover possible unforeseen items, the contractor may add extra money in the bid to cover these unknowns. A complete and clearly coordi nated set of documents gives the contractor confidence in the scope and quality of the work. The con tractor can then bid with more confidence and include only those items shown. If a building information model is used and made available the contractor may have even more confidence, bc BIM makes it possible to run coord. checks and find other problems before construction starts.
What effect do poorly prepared drawings and specifications have on the bids?
AIA Document G711, Architect's Field Report
What form is used for field reports?
the contract sum is adjusted accordingly by change order.
What happens when the actual cost is different from the allowance?
The owner can terminate his contract with the architect "for convenience" (just because) But either the architect or the owner can terminate the contract "for cause" (the other party failed to meet the terms of the contract). The contract automatically terminates one year after substantial completion.
What if the owner terminates his contract with the architect for cause?
Outlines the responsibilities for each party in order to help mitigate risks
What is B101 Exhibit 1
Generally allowed as evidence in a trail (either positive or negative) Is the recording of communcations, decisions, and other actions that are not normally relegated to a standard form or whose occurrence cannot be predicted to take place at a given time or circumstance such as within a regularly scheduled project meeting. ex. phone log
What is Contemporaneous Documentation?
Ratio is building total floor area divided by the area of its site
What is a FLOOR AREA RATIO or FAR?
report that summarizes the results of the construction-phase commissioning tests and provides detailed operation and maintenance instructions for each of the systems The commissioning agent also reviews the equipment manufacturers' product information and manuals and may include this documentation in a report to the owner. Issued at end of construction phase
What is a commissioning report?
Construction contingency: money set aside, by the owner, in the budget, to cover unexpected building costs that inevitably arise throughout a project. It's difficult to predict exactly what will cost more, but something will. If your firm charges design fees based on a percentage of construction costs, you won't include contingencies when calculating the budgeted "cost of the work".
What is a construction contingency?
For a 100,000 dollar renovation project, five or ten thousand dollars will be set aside to pay for something unforeseeen-unallocated as an insurance policy. If there are two local concrete suppliers, and one of them suddenly and unexpectedly closes, allowing the other to raise prices, the contingency can cover the difference in the now-more-expensive concrete. It's tempting to raid the contingency after CD phase, before construction begins, to make up for a blown budget in design, but you shouldn't do that for the same reason you shouldn't liquidate your retirement account because you have your eye on a new car.
What is construction contingency?
which systems will be commissioned and what the criteria for acceptance will be
What is determined in the design phase of building commissioning?
For each submittal, the log should include the submittal name or other identification and the date it was received by the architect. The log should also include the date the submittal was sent from the architect to the consultant (if necessary), the date it was returned to the architect by the consultant, and the date it was returned to the contractor. The action taken on each submittal should be noted.
What is included in the architect's log of submittals?
People in a colloquial, informal, way, may refer to the AIA A101 Owner-Contractor Agreement or the AIA A201 General Conditions as "the contract," but in reality, THE contract also includes everything the contractor needs to build the work: - Construction drawings - Specs - Addenda - Change orders (Architect, contractor, and owner agree on a change to the scope/schedule/cost) - Amendments to the contract (Changes to the contract agreed upon between the owner and contractor outside of the scope/cost/schedule adjustments that change orders cover. These are signed by both owner and contractor. . . the architect's signature is not needed. Example: "Contractor agrees to indemnify owner of liability.") - "Minor Changes to the Work" (Architect orders the contractor to change something that doesn't affect schedule or cost, like the color of paint) - Construction Change Directives (For the sake of keeping the project moving along, the architect orders the contractor to do something that does affect schedule or cost, but that can't yet be agreed upon by all three parties. They'll secure a change order or file a dispute later.) Bidding documents (Contractor required to have performance bond, etc.)
What is included in the contract documents?
- Checking references - Confirming insurance - rejecting bids with incomplete documentation - any other review required by owner - Look at overall price, substitutions, alternates, subcontractors, qualification statements, etc.
What is included in the evaluation of bids?
contingencies
What is required to covering these things during estimate....to account for the unquantifiable effects of unknowns, such as funding sources, weather, labor and material shortages, governmental and regulatory restrictions, and construction delays related to the accurate extent of known and unknown geological conditions and hazardous materials.
planned raw labor costs x target multiplier = net service revenue
What is the NSR calculation based on planned raw labor costs?
Arch will also assist the owner in reviewing the CM's proposal or estimate - Architect is not responsible for discovering errors or omissions or for assumptions of any of the CM's responsibilities, but if there are inaccuracies, owner & CM should be promptly notified.
What is the architect's role in preparing the CM's basis of payment in CM as constructor?
Cost of work plus fee, either with or without a guaranteed maximum price
What is the basis of payment for CM as constructor?
Construciton cost index: An overall measure of non-residential construction, referenced to some past date, to describe the average change in construction costs over time. What, on average nationally, cost $100 to build in January 2009 cost $144.70 in April of 2021. If you look at this graph https://www.mortenson.com/cost-index, you'll totally own this concept more deeply than if I describe it to you in words. City cost index: It costs more to build the same community center building in Downtown Chicago than in rural Louisiana. . . Chicago has higher-priced urban union labor, a narrower staging area, higher permitting fees, more inspections and reviews, material delivery trucks and cranes may need to be scheduled to arrive in the overnight hours so roads don't have to be blocked off during daytime, and so on. We need to "localize" the estimate, so when a cost estimator calculates that an Anywhere, USA community center of a given size will cost $1 million, we have to ADJUST for the specific location with the construction cost index. At the time I write this, the city cost index in Chicago has us adding an additional 3.05% for materials and 1.57% for installation to our estimate; and a total cost adjustment of +2.32% . We'd then revise our estimate up from $1,000,000 to $1,232,000 to account for Chicago. To see your city cost index, go https://www.rsmeans.com/rsmeans-city-cost-index
What is the construction cost index? What is the city cost index?
See downloaded video
What is the difference between construction drawings, construction documents, and contract documents?
near the completion of the construction phase, when the various building systems and other elements slated for commissioning are started up and tested to determine whether they meet the design criteria The contractor adjusts, corrects, and repairs incorrectly functioning equipment as needed to comply with the performance standards. The operation and maintenance of the building systems controls and equipment are demonstrated, and training is conducted for the building operators (owner).
What is the most important part of the commissioning process? What happens during this process?
Either arbitration or litigation. one or the other, not both after one another.
What is the process after mediation?
- architect submits a proposal request to the contractor. Submit supporting drawings or other documents as required to fully describe the proposed change - The contractor submits a quotation of price and time change to the architect for review. - The architect evaluates the proposal and recommends approval of, modifications to, or rejection of the proposal to the owner, who makes the final decision. If the specifics are acceptable to the owner, the formal change order document is prepared and signed by all three parties.
What is the process of issuing a change order?
The project manager organizes the firm's efforts for the new project: who will work on what, and when will they work on it? She will record this in a "work plan," a short document (two-ish pages), that includes a project description, the deliverables, the team organization, a responsibility matrix, a project schedule, a list of staffing needs, an internal project budget and a profit plan. What makes an effective work plan? From a quality management (QM) point-of-view, work plans offer an opportunity for continuous improvement, and you need to have a structure-there's always a structure when following QM practices. The four stages of an effective work plan follow the "PDCA cycle" format, something that MBA students learn, but I'm frankly not sure that adults need to be taught this. 1- Plan: see above 2- Do: execute the plan 3- Check: the only one of the four steps that is not maddeningly obvious, you need to formally schedule time to check the progress of work against the original plan. Just making the plan without the accountability is not sufficient. 4- Adjust: react to what you discovered when checking 5- Do it all over again!
What makes an effective work plan
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.
What must contractor do when arch rejects work?
Under provisions of the General Conditions if the Contract, the contractor must proceed with the work described in the construction change directive in a timely manner and advise the architect of the con tractor's agreement or disagreement with the basis for cost and time adjustment If agreed with CCD recorded as a change order.
What must the contractor do after receiving CCD?
no exceptions are taken, that marked corrections should be made, that the submittals should be revised and resubmitted, or that they are rejected.
What options does an architect have when marking a submittal?
partnering, design build, CM as constructor, bridging
What project delivery types can be considered for a faster schedule?
G700 series
What series of contracts comprised of forms for contract administration which can include forms for change order payment applications and other forms related to the latter stages of the project
contractor must immediately suspend work that would affect them and notify the owner and architect - The owner must then take any action needed to obtain governmental authorization to resume operations - The contractor may then request adjustments in the contract time, contract sum, or both.
What should contractor do if they encounter human remains or recognizes the existence of burial markers, archaeological sites, or wetlands not indicated in the contract documents
- General liability - Worker's comp - Automobile liability - Professional liability - Additional insurance to be reimbursed by owner
What types of insurance must the architect carry?
Duncan vs the board of Missouri
What was the legal case regarding the 1981 collapse of the 2nd and 4th floor walkways of the Hyatt Regency Hotel in Kansas City which resulted in the clarification of risk from different parties in dealing with shop drawings
AIA Document G710, Architect's Supplemental Instructions (ASI) - This is intended to allow the architect to perform his or her obligations as interpreter of the contract documents in accordance with the owner-architect agreement and the General Conditions if the Contract - May include both written instructions & drawings
When a minor change in the work is needed, the architect should issue what document?
• the owner's goals for sustainability • the objective to achieve a green building rating system certification (LEED certification, for example) • desired benefits to the environment to enhance the health and well-being of building occupants • guidelines for improving energy efficiency
When a project is completed under AIA Document B101 SP, Standard Form of Agreement Between Owner and Architect, for use on a Sustainable Project, AIA Document A201 SP, General Conditions of the Contract for Construction, for use on a Sustainable Project, and one of the owner-contractor agreements for sustainable projects, the contract documents contain one of more of the following.
If the accepted product or work is determined to be less expensive that the speci fied 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.
When accepting nonconforming work, what happens if work/product is more or less exp. than specified product would have been?
no later than 4-5 days before receipt of bids to give bidders ample time to study + modify proposals accordingly
When an addendum is issued, it is transmitted to all registered bidders no later than how many days before receipt of bids? And why?
Anytime he wants to for any reason. If he restarts the project with another architect, he legally protects the first architect from legal claims based on the project built with the kernel of the first architect's half-finished drawings.
When can the owner terminate his contract with the architect?
Only with cause and only after the architect has formally and independently certified that the owner's cause is legit. If the contractor has a performance bond that will pay for the completion of the work when the contractor flakes, the surety must also be notified. Canceling any of these contracts requires seven days' written notice.
When can the owner terminate his contract with the contractor?
10 - request additional supporting information from the claimants • reject the claim in whole or in part • approve the claim • suggest a compromise • advise the owner and contractor that the IDM is unable to resolve the claim
When disputes arrive, they are first referred to the IDM, who reviews the claims and supporting evidence. Within __ days of receiving the claim, the IDM must take one or more of the following actions.
We phase construction when we want to build in a series of stages instead of as a single continuous process. When operations must continue uninterrupted (airport renovation) When the client wants to earn income from completed parts before the whole thing is done (new stadium opens before end-zone stands are completed) When the project is intended to grow as the needs change over time (corporate headquarters of a fast-growing company)
When do we used phased construction?
During CD phase
When does incorporating design requirements of AHJ occur?
After the owner pays the architect for the work. This typically happens monthly.
When does the consultant get paid?
Substantial completion
When does the contractor's schedule for the project end?
owner must give written notice to the contractor demanding correction of the problem. - The contractor has ten days from receiving written notice to begin to correct the problem. If there is no response, the owner can begin work while still retaining the right to arbitration or legal action for breach of contract. The owner may credit cost to contractor. - carrying out the work and $ must first be approved by the architect.
When does the owner have the right to carry out the work if the contractor fails to do so correctly? How?
1.) when a portion of the work has been covered contrary to the architect's request or to specific requirements in the contract documents (contractor pays) 2.) when the architect has not specifically made a request to view a portion of the work and the work has already been covered. If it is uncovered and it does conform, owner pays. If not, contractor pays
When does work need to be uncovered? Who pays?
After second inspection -- contractor has fixed all the punchlist items
When is a certificate of substantial completion prepared?
throughout the design and construction process and provides post construction evaluation services
When is a commissioning agent ideally involved in a project?
after the final punch list inspection, before final inspection
When is final application for payment sent?
Owner's number one problem: Insufficient insurance and insufficient indemnity from third parties (like if the contractor injures someone walking by the site) Architect's number one problem: Over-involvement in means and methods of construction Contractor's number one problem: Cloudiness in payment processes
When negotiating a contract in each of these roles, what is the single most important priority (or single most significant goof) for Owner Architect Contractor . . . . . How does the architect's role in the contractor's application for payment differ in a cost-plus-fixed-fee owner-contractor contract?
- Transitional forms - Multi-party agreements - A single-purpose entity
When owner uses integrated project delivery, the responsibilities of the architect are defined by various AIA documents depending on what type of approach is being used. What are these documents?
No, if it fails to match the agreed-upon program, budget, or time frame; but owner should work with architect to revise
When schematic designs are presented to the owner, is the owner obligated to approve the scheme?
As early as possible -- programming
When should code review & implementation happen?
the owner is responsible for those materials, except to the extent that the contractor is negligent in using and han dling them.
When the contract documents require that hazardous materials be brought onto the site, who is responsible?
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 as required by AIA Document A201 or a similar agreement. Owner has final say
When the owner accepts nonconforming work that the architect has rejected, the architect must..?
AIA Doc B143: Standard form of Agreement between Design-Builder & architect Roles and responsibilities defined in an exhibit to the agreement
When the owner uses DB, responsibilities of the arch are governed by which document?
submission of the lowest bid
When the project delivery process for a public sector client is based strictly on the design-bid-build method, contractor commonly selected based solely on ...
- reject work - require testing or inpsection of work if suspected -
When work does not conform to contract documents, architect may...
Between different occupancy rooms, in corridors serving over 30
Where are 1hr fire ratings required?
Mechanical engineer Electrical engineer Structural engineer
Which consultants are part of the architect's basic services, and don't command an extra fee for the architect to coordinate?
AIA Document G704, Certificate of Substantial Completion
Which document may be used for noting substantial completion?
A: All of them are additional charges, paid hourly based on the rates agreed upon for additional charges in the original contract. The B101, in order to avoid construction delays, opts to have the architect charge for the following additional services (after notifying the owner promptly, explaining the need for the extra work, and the owner promptly replying affirmatively). Reviewing a contractor's submittal out of sequence from the submittal schedule Responding to excessive, frivolous, spurious, and unnecessary RFIs Preparing change orders and construction change directives that require evaluation of the contractor's proposals Evaluating an extensive number of claims as the initial decision maker Evaluating substitutions proposed by the owner or contractor and changing the drawings and specs to accommodate them *In practice, many of these architects often do for free because we behave like golden retrievers in our business dealings, just happy to have the opportunity to influence the design of a building. . . but contractually (and as far as the ARE is concerned) we are to charge extra for these extra services.
Which of the following does the architect charge extra for? - Reviewing a contractor's submittal out of sequence from the submittal schedule - Responding to excessive, frivolous, spurious, and unnecessary RFIs - Preparing change orders and construction change directives that require evaluation of the contractor's proposals - Evaluating an extensive number of claims as the Initial decision maker - Evaluating substitutions proposed by the owner or contractor and changing the drawings and specs to accommodate them
That's a trick question: you are not supposed to design anything during programming. Indeed, programming is a contract add-on service that earns the firm a higher fee because the default is that the owner comes to the architect with a fully-baked program. NCARB wants you to focus on fact-gathering in this phase-what size limitations do the zoning and building code put on the building? What are the characteristics of the site (views to be maintained, soil types)? Is the project feasible financially and technically? In practice, architects may contribute to the program without charging extra, and many architects start designing (though perhaps quietly, without sharing their vision) during the programming phase because we can't help it. But as far as the AIA Documents and the ARE are concerned, designing during the programming phase is not the proper order of things, and if you start your design before completing your research, you will melt.
Which parts of a building do you design during the programming phase?
Design Build
Which project delivery method has minimal amounts of owner involvement?
Invited; DBB, but only for preselected contractors--
Which type of bid is associated with the slowest construction schedule?
The submittals are sometimes prepared by the contractor, but most often they are prepared by subcontractors, vendors, and material suppliers and reviewed by the general contractor for coordination before they are submitted to the architect
Who are submittals prepared by?
The architect certifies substantial completion. Fortunately, the architect, owner, and contractor each want substantial completion to come as soon as practicable. The owner is thirsty to collect rents, the contractor is anxious to hand over responsibility for the building maintenance and utilities to the owner, and everyone would prefer to be paid for this project and spend more time on their next paying project. Often the declaration of substantial completion coincides with the municipality's issuance of the certificate of occupancy (CO).
Who certifies substantial completion?
Arch
Who contracts with cost estimators?
Owner - permitting, architect - code
Who contracts with permitting consultant and code consultant?
A: That's a fraught question, but the answer is essentially: whomever the contractor asks and pays. I'll explain. . . 1- What is actually built is typically meaningfully different than what was on the architect's "design intent" drawings submitted for bid. For posterity, future renovations, future maintenance, future litigation, and future peace-of-mind, the owner may want a copy of a drawing set that's accounted for change orders and other minor changes to the design. While colloquially, we refer to "as-builts" in the field, by contrast in the contract, we don't use the term "as-built" drawings (at least architects shouldn't. . . contractors sometimes do). "As-built" implies a legal-sounding level of accuracy that drawings rarely have, especially since not every change a sub-subcontractor made on site was witnessed by someone likely to document it. Remember that above all, the architect wants to remain blameless in the eyes of the civil courts. 2- Instead, we call them "as-constructed record drawings." The A201 makes no mention of requiring them, but if an owner wants them, they are prepared by the contractor and called out in the specifications (Division 01). The contractor then updates the drawings per his record of what is actually built, relative to the design intent created by the architect's drawings in the contract documents. 3- And/or the architect can provide "as-constructed record drawings" as a supplemental service in the AIA B101 Owner-Architect agreement. The contractor will then provide the architect with mark-ups reflecting in-the-field changes and the architect will make a new full set from those mark-ups (and take no responsibility for their accuracy or completeness. . . that responsibility lies with the contractor because the architect wasn't there on-site when the changes were made and documented). 4- And/or the architect can provide "as-designed record drawings" as a separate supplemental service in that agreement. What's the difference between as-designed record drawings and as-constructed record drawings? As-designed record drawings include the construction documents, plus addenda, Architect's Supplemental Instructions, Change orders, Construction Change Directives, and minor changes in the work. The architect needn't get a set of in-the-field mark-ups to know about those. A subcontractor may have inadvertently replaced 2×4 studs with 2×6 studs, reducing one dimension of the room by two inches. That might have never risen to the level of a change order or even to the level of "a minor change in the work." Indeed, the architect may not know about the substitution at all. But that may be something that the contractor can note in a mark-up: the kind of detail that might not have been included in an as-designed record drawing but is included in an as-constructed record drawing. 5- "Conformed documents for construction" is another supplemental service. What's the difference between conformed documents and record drawings? Conformed includes addenda issued during the bidding and negotiation process, plus any accepted alternatives. These are termed "Issued for Construction" documents. Unlike record drawings, they don't include changes made afterward (later change orders, later accepted substitutions, later minor changes to resolve a conflict between a duct and conduit drawn on separate drawings and erroneously assigned to occupy the same space in the building). 6- Measured drawings offer yet another supplemental service (and architects should charge more for all supplemental services). If I'm renovating a historic office building, we may have copies of some of the old plans and sections, but I may send a crew out anyway to measure what is in place now and make new drawings from what is measured. Who knows what was changed in the field (and undocumented in my particular set of old drawings) in the 1925 construction site, plus who knows how exactly the building has undergone renovations. Could you make an acceptably accurate CAD/BIM model from only the original old blueprints anyway?
Who is responsible for as-built drawings?
Owner
Who is responsible for paying for approvals and permits required to construct permanent structures or make changes in existing structures? (ex. zoning permit, easements, assessments, environmental impact studies) Usually required prior to execution of contract
Contractor
Who is responsible for paying for permits post-execution of contract? Building permits, other governmental fees & permits
A: In the end, the owner pays for permits and inspections (sometimes the contractor files for the permits and submits to the owner for reimbursement of the permit/inspection fees). Exception: If an architect-ordered inspection reveals that the contractor made a mistake, the contractor pays for the inspection.
Who is responsible for the tests and inspections needed. It seems like based on the B-101 the owner is responsible, but in the A-201 the contractor seems to be responsible. These two clauses seem to have fuzzy boundaries. C.O. is the responsibility of the owner? What about a curb cut permit that is part of the construction: seems like the contractor pays?
A: The owner pays for building permitting and the contractor pays for construction permitting, but it's a bit more complicated than that. Every municipality set different rules, and some are MUCH more onerous, specific, and bureaucratic than others, but the permits generally fall into three categories: (1) plan reviews and approvals required before starting a project: the owner relies heavily on the architect to help secure these and the owner pays for these. (2) permits required during construction: securing the building permit, trade inspections (mechanical, electrical, plumbing, elevator, fire protection systems, structural, code, ADA, etc.). The owner requires HEAVILY on the contractor to secure these, as it just makes more sense to have the contractor in charge of the permitting logistics. For instance, if a contractor needs a permit to tie into the electrical lines, the contractor should fill out the paperwork, schedule the work, take care of the logistics, etc.. We wouldn't want the owner to coordinate that on behalf of the contractor. Who pays for these? Per the AIA A201, the contractor pays for construction permits. (3) the certificate of occupancy at the end of construction: Ultimately paid for by the owner, but the contractor may schedule the necessary inspections for the C.O. and take care of the paperwork. So to summarize, the owner pays for the building permits and the contractor pays for the construction permits, but I find the line between which permits the owner covers and which ones the contractor covers in this part of the AIA A201 to be fuzzy, and I think that's intentional because there are just so many different processes for permitting unique to each county or city, that the contract can't get too specific as to the owner-pays vs contractor-pays divide. Often the specific permitting costs responsibility will (and probably always should) be spelled out in detail in the owner-contractor agreement. I include the two relevant A201 clauses below for you to see for yourself. If you have a good work story you want to share on this topic, write me at [email protected] and I'll pass it on to others.
Who pays for permitting?
Architect responsible for: Codes, utilities, public safety, communicating design intent Contractor responsible for: Building exactly what is in the contract (contract includes drawings, specs, bidding documents) and building it perfectly Owner responsible for: Paying for anything else that is neither the contractor's error nor the architect's error
Who pays for something unforeseeable (plane crashes into construction site)?
Architect, CM when CM as Advisor
Who rejects non-conforming work?
Architect, CM as advisor forwards to architect
Who reviews RFIs?
Typically architect, owner in Design-Build and Construction Manager in CM as Advisor
Who reviews the contractor's applications for payment?
Always the owner
Who selects the contractor from the available bids?
For video on these watch here https://youtu.be/v9SssPs6l8I
Who signs change orders?
The architect
Who typically serves as the initial decision maker?
A hierarchical decomposition of the total scope of work to be carried out by the project team to accomplish the project objectives and create the required deliverables. (Level 1: Project Name, Level 2: Phase Name, Level 3: Task Name, Level 4: Subtask name, Level 5: sub-sub-task name)
Work Breakdown Structure (WBS)
- AKA Fee Projection - A detailed project schedule, breaking the project down into its component tasks and assigning staff members and other resources to each task - Details how the fee that the firm receives-after deductions for profit, overhead, and other expenses-will be used to pay staff members and cover other costs over the course of the project
Work Plan
Insurance covering the liability of the architect, employer or contractor to their own employees for injury or sickness due to their employment
Workers Compensation
Determines occupant density, usually for HVAC and ventilation reasons. . . how close, on average, is the nearest person?: Public (25' radius) for each person Social (12' radius) Personal (4' radius) Intimate (1.5' radius) A college-town bar will require more ventilation than a bank.
Zones of occupancy
- stipulated sum - guaranteed max price (GMP) - Cost-plus fee - Unit Prices
[A101] Owner-contractor payment methods
GC to review all information, take measurements, supervise & direct work - Responsible for means & methods of construction, safety
[A201-Art.3] Contractor
-Architect makes periodic site visits to determine work is proceeding in general accordance with contract docs. -Architect not required to make exhaustive or continuous site inspections -Architect has authority to REJECT work not in conformance with Con Docs. -Architect has no responsibility for means and methods or site safety. -The Architect reviews shop dwgs and submittals for general conformance with Con Docs -GC retains responsibility for accuracy and coordination of work -Architect prepares Change Orders, authorizes minor changes in work (no change in contract sum or time). -Arch decisions on aesthetics are final if consistent with Con Docs. -Arch must respond in writing to RFIs and prepare and issue dwgs and specs are needed
[A201] Architect
- If the contractor discovers concealed or unknown conditions that are materially different from those indicated on the contract documents, the contractor must notify the owner and architect within 21 days of first noticing them - The architect must investigate the conditions and determine whether they make it necessary to increase the contract sum, the contract time, or both - If changes are justified, the architect will recommend an equitable adjustment.
[A201] Concealed or unknown conditions
• The contractor must secure and pay for the building permit and other permits, governmental fees, licenses, and inspections necessary for the execution of the work - These permits are ordinarily obtained after the execution of the contract - The contractor also pays sales, consumer, use, and similar taxes for work provided by the contractor.
[A201] Contractor is responsible for the following permits, fees, and taxes
If the contractor wants to make a substitution, 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.
[A201] Substitutions - Can contractor make a substitution?
• contractor guarantees that the materials and workmanship fur nished under the contract are of good quality, free of defects, and conform to the requirements of the contract documents. This warranty is in addition to other warranties from manufacturers or fab ricators, and is separate and distinct from the one-year correction period mentioned later in Sec. 12.2.2.
[A201] Warranty
compensate the contractor for the actual expenses of labor, materials, and subcon tracts and then add a fixed fee. Cost-plus-fee contracts have more flexibility than fixed-fee contracts, and they allow construction to proceed before design is complete. Their main disadvantage is that the cost is not known; however, this can be mitigated with guaranteed maximums, target prices with incentives, or partial cost guarantees.
[O-C] Cost-plus fee
contractor or construction manager guarantees the owner a fixed, maximum price. If the project is completed for less than this amount, the owner receives the cost savings. If the project costs exceed the GMP, the contractor must pay the excess.
[O-C] GMP
Entire projects are seldom based this way, but portions of a project may be. Where it is not possible to firmly establish an important quantity at the time of bidding, a unit price can be set. This happens frequently in excavation projects, when a cost per cubic yard of material is established
[O-C] Unit prices
- a fixed price that the owner agrees to pay the contractor for the work as shown in the contract documents.
[O-C] stipulated sum
a. an error in some act performed b. an omission
a negligence claim can be asserted against an architect either for ___ or ___
amounts owed to the suppliers of goods or services (such as consultants, utilities, etc.) that have not been paid
accounts payable
Money that others owe to the business through invoices for services
accounts receivable
requires the architect's review and approval before the product may be used on the project
action submittal
commits a buyer to performing duties in the future (e.g. will make payments for common charges in a condo)
affirmative covenant
only costs for constructing building (hard cost, contractor overhead + profit, contingency); doesn't include professional fee, insurance + legal, furniture, fixtures by owner
architect's cost option for a project includes
Any type of tangible or intangible resources that can be measured in monetary terms.
assets
evaluates how projects have performed relative to each other
benchmarking
Total cost of operations / Total money spent on direct labor; Accounts for salary of employee plus amt of overhead attributed to employee. Add 1 to overhead rate; Used to calculate fees
break-even rate (formula / used for?)
middle
budget prices are normally escalated to reflect prices in the _____ of construction
purpose, finance, operations, and marketing
business plan includes
document authorizing a variation from the original contract documents that involves a change in contract price, contract time, or both. Technically, a change order is issued by the owner because the owner has the agreement with the contractor, but it is prepared by the architect. It must be approved by the owner, architect, and contractor.
change order
A list of the various accounts a business uses to keep track of money, along with corresponding account numbers used for data processing
chart of accounts
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.
claim
The process of taking private property for public use through the government's power of eminent domain. condemnor must first make offer to buy property. may be used by a private domain
condemnation
Permits the title to the property to revert to the original owner if the restrictions prescribed in the deed are not followed.
conditional covenant
A document signed by the owner and the architect, which authorizes a change in the work, the contract sum, or the contract time. It is used when there is not complete agreement on the terms of a change order. - AIA G714May
construction change directive
situation may occur that causes an excusable or unavoidable delay, such as caused by weather, deliveries, or change orders, but the extra time is neither requested by the contractor nor granted by the owner. The contractor must determine how to speed up the process to meet the project deadline. The contractor may choose to file a claim for damages if the extra time is warranted but not given and the contractor had to incur extra expenses to complete the work on time.
constructive acceleration
a plan that outlines alternative courses of action that may be taken if an organization's other plans are disrupted or become ineffective;
contingency plan
order of magnitude, assemblies, unit price
cost approaches in order of precision/detail
little ability to adjust project costs during preconstruction - usually not needed due to contr.'s input & method by which design developed; - contr. already provided owner w/ GMP after owner's acceptance of Des docs.
cost control in IDP (arch)
Resources of a business that are converted into cash within one year
current assets
total current assets divided by total current liabilities. the higher the ratio the better, with 1.5 or more indicating a healthy business and 1.0 being the minimum acceptable
current ratio
a short-format summary of a material or product's properties and characteristics and is often included in the product data submission. If the standard pub lished data includes products other than those proposed for incorporation into the work, the contractor should clearly indicate which products are being submitted.
cut sheet
All labor of technical staff, principals and support staff that is directly chargeable to projects
direct labor
- direct salary of employees is determined and multiplied by a factor to account for normal and required personnel expenses such as taxes, sick leave, health care, and so on. Then, the amount is increased by a multiplier that includes provisions for overhead and profit. Used to find billing rate for client. (DPE = The expense of employee salaries plus the cost of mandatory and discretionary expenses and benefits such as payroll taxes and health insurance)
direct personnel expense (DPE) multiplier
the owner instructs the contractor to speed up and agrees to pay the additional costs associated with the change, which is directed through a change order
directed acceleration
aka earned value analysis This technique attempts to predict both the time and money (or percentage of overall project budget) that is required to complete certain tasks The actual time and money expended can be compared to the budgeted amounts to determine how the project is progressing.
earned value management
current, subjective percent complete/direct labor; ; quick and simple way to see where project is now, where it is projected at end, and how it needs to be adjusted
effective multiplier
Power of a government to take private property for public use (5th amendment).
eminent domain
statement of project objectives, development of project program or comparison of establisehd project program to established project program to the available space or existing building configuration, information and summary of research on zoning and code requirements, a preliminary estimate of cost and schedule for the design work
feasibility studies generally include
Resources that the firm uses and retains for a long period of time, such as equipment and property
fixed assets
All the revenue generated by a business during a stated period of time
gross revenue
withhold all or a portion of the funds requested on applications for payment
if the architect cannot represent that the amount of work done or materials stored is in conformance with the application, the architect may..
order the contractor to stop the work until the issue is resolved. The owner also has the right to carry out the work if the contractor fails to correctly do so and to charge these expenses to the contractor.
if the contractor fails to correct work not in conformance with the contract documents, the owner may
architect and owner; mech contractor is sub to owner, mech consultant is sub to arch
in a project with multiple prime contracts, the mep contractors communicate with the mech consultants via
• To the extent provided by law, the contractor will indemnify (secure against loss/damage) and hold harmless the owner, architect, architect's consultants, and agents against claims, damages, and expenses arising from performance of the work. - This does not relieve the architect of his or her liability for errors in the drawings, specifications, or administration of the contract, but it protects the owner and architect against situations where a person is injured or property (other than the work itself) is damaged due to the negligence of the contractor or the contractor's agents.
indemnification
owner, architect, consultants, owner's cm
indemnification provision in A201 indemnifies the following...
All labor not charged to a specific project or revenue-producing account such as administration, general office time and marketing
indirect labor
submittal that does not require a response from the architect
informational submittal
Claims by people outside the business and claims by the owners of the business against the total assets of the business
liabilities
economic analysis tool that allows the designer and owner to evaluate the total cost of any project over a long period of time, usually 20 years or more. Considers both the initial cost and the long term expenses associated with operation and maintenance, equipment replacement, personnel cost. also considers employee productivity. useful for government projects funded through bonds. should compare more than one system, scheme, etc.
life cycle cost analysis
the process of taking legal action
litigation
various cost alternates are drawn along one side of a matrix, and individual elements that combine to produce the total cost of alternates are drawn along the other side. allows designer to compare factors that produce total cost.
matrix costing method
A written order by the architect directing the contractor to make a minor change that does not involve modification to the contract sum or time and is consistent with the contract documents.
minor change in work
communication
most critical component of avoiding claims
AKA "Direct Salary Expense Multiplier" & similar to DPE multiplier, but larger to include benefits ; Net operating revenue of the firm (excluding consultant's fees and reimbursables) /Cost of direct labor. Accounts for fringe benefits, indirect labor, overhead, and profit. Typically between 2.7 and 3.0.
net multiplier
the money that remains from billing after deducting fees and expenses, reimbursable expenses, and non-reimbursable project-related expenses
net operating revenue (or net revenue)
up
occupant loads are always rounded up or down? to next whole number
a type of plan designed to implement tactical plans; ex. responsibilities matrix or task checklist
operational plan
miscellaneous resources such as securities and copyrights
other assets
Expenses incurred to keep a business operating whether or not any revenue is being generated, such as rent, software leases and fees for power and phone
overhead
Total office overhead (or total indirect expenses) divided by total direct labor. range of 1.30 to 1.50; Used to calculate fees
overhead rate (formula / used for?)
a summary of the critical planning requirements and owner expectations. This statement can be extensive if the project is complex or includes multiple buildings, and it should be updated by the commissioning team as the project progresses
owner's project requirements (OPR)
liability insurance (property damage & loss of use) , property insurance - all risk for full value of work
owner's required insurance
Calculates an estimated cost per Sq Ft for many types of materials so that the designer can understand the cost implications of each, as well as mix and match materials or systems to arrive at a design that complies with the project budget.
parameter method
net service revenue/planned cost
planned multiplier
a review of a completed project after the client has occupied it for some time, typically from three to six months
post-occupancy evaluation (POE)
analysis of the costs and revenues projected for a potential project and should be part of owner's initial planning
pro forma
A refinement of the current ratio including only cash and cash equivalents plus accounts receivable plus revenue earned but not billed divided by total current liabilities; usually more conservative since it only uses liquifiable assets
quick ratio
Copies of all construction drawings, specifications, and other contract documents, marked to record exactly how the project was built, noting any changes or deviations from the original documents.
record documents
The amount of net revenue produced per technical staff member, or those staff members most directly involved with charging direct time and producing jobs
revenue per technical staff
Amount of net revenue produced per staff member per year, including principals and part-time employees Annual net operating revenue / total number of employees
revenue per total staff
physical example of a portion of the work, intended to show exactly how a material, finish, or piece of equipment will look in the completed job
sample
type of work plan - top of hierarchy; high level plan that outlines broad goals; ex. program
strategic plan
The contract documents may require the contractor to submit shop drawings, product data, and samples to show how the contractor proposes to carry out the design concept expressed in the contract documents. These submittals are not contract documents, and they are subject to the architect's review. The contractor must keep one copy of all submittals at the job site.
submittals [A201]
list and schedule of activities that must occur to accomplish goals defined in strategic plan; (project work plan is example) detail between strategic and operational.
tactical plan
- determining performance requirements - planning the commissioning process - performance and functional testing
three basic stages of commissioning
typology = building type precedents morphology = architectural examples of space, form, and construction detail of built projects
typology vs. morphology
aka chargeable ratio, measured by dividing the time spent on direct labor (billable) by the total amount of time a certain employee has worked, in a given amount of period.
utilization ratio
architect responsible for all services provided to owner, whether those are provided in-house or through a consultant. If consultant is hired through architect's contract, arch may be liable for errors and omissions of consultant and is responsible for work.
vicarious liability
the contractor may decide to accelerate the work because the work has fallen behind the original schedule, the construction company is trying to finish early to collect a bonus, or they want to move personnel to another job
voluntary acceleration
Both the architect and owner waive consequential damages. This limits claims to damages resulting directly from a breach of the agreement
waiver of consequential damages [B101]
Integrated project delivery-- architect's responsibilities are more limited because bidding & negotiation has already been done - still responsible for working w/ permitting agencies to ensure code compliance, answering questions from subcontractors & vendors bidding for relatively small portions of the work, and reviewing prefabrication studies
which kind of project delivery method are the architect's duties and responsibilities during preconstruction most limited?
owner
who is responsible for determining time limits for construction?
work = contractor's obligations project = may include construction by other contractors or the owner's own forces
work vs. project
