Project Management

1. AIA G601 2. AIA G602 3. AIA G201 4. AIA G202

1. AIA G601 - RFP for a Survey 2. AIA G602 - RFP for a Geotechnical Report 3. AIA G201 - Digital Data Protocol 4. AIA G202 - BIM Protocol

Parts of a project manual

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.)

Area Types 1. Circulation area 2. Gross area

1. Circulation area: Corridors, not including walls. 2. Gross area: All areas, including exterior walls

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

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 To read the full contract, which I recommend, visit here. https://content.aia.org/sites/default/files/2017-04/B101_2017%20sample.pdf

1. RFI 2. RFP 3. RFQ

1. RFI - Request for Information 2. RFP - Request for Proposal 3. RFQ - Request for Qualifications

ADA clear floor space

30" width by 48" depth

If the Contractor requires information from the Owner, the Architect has ____ days to give that information to the Contractor.

7

Who reviews RFIs?

A contractor looks at the drawings and becomes concerned that the mechanical rooms simply won't be large enough to fit all the equipment specified. The equipment fits in the drawings, but the contractor knows that he needs room around the equipment's perimeter to install the piping and ducts, and there doesn't seem to be enough space. He will submit a Request for Information (RFI) to the architect who will need to reply in a timely manor. Many of you deal with RFIs all day, every day. If you have a good RFI story (ridiculous drawing mistake, contractor obviously setting up a future legal claim, etc.) email me at [email protected] and I may include your story in this flash card, anonymized of course.

Restrictive covenants

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).

Gantt chart

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

Who submits the Schedule of Values?

A schedule of values is a start-to-finish list-a giant spreadsheet- of all the construction work, with a dollar value tied to each activity and material. See here https://rockwallcontracting.com/wp-content/uploads/2010/08/Famoso-Estimate-Christys-Corner-For-Review-R2.jpg for an example. Using that example, at the end of the month, the architect certifies that the contractor has in fact completed 50% of the masonry work (as he claims he has). The masonry work, in total represents $12,500 of the total construction cost, and the contractor has already been paid, in previous months, for 40% of the total masonry work. The architect then approves $1,250 for the 10% of the masonry work that the contractor completed just this month. She'll do the same for the concrete work, woodwork, metal work, etc.

Accessory space

A small space that might otherwise require classification as a different occupancy group, but doesn't because it is less than 10% 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).

AIA A101

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 A701

AIA A701 - Instructions to Bidders Includes procedures for bid process, bond requirements, and complements A201

AIA C401 Architect-consultant agreement

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 G716 RFI vs change order

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 check to 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 G802 AIA D503

AIA G802 - Amendment to Professional Services Agreement (for changes in scope)AIA D503 - Guide for Sustainable Projects

The Contractor can terminate when:

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 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?

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.

Architect and consultant contractual relationship

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 quality and correctness of the consultant's work

The budget should be evaluated 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

C Corporation

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.

Closeout project notebook contains _______

Closeout and follow-up documents Summary of costs Certificate of Substantial Completion Summary of Fee Expenditure Comments on completed work

Code conflicts

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."

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.

What is a construction contingency?

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".

Contemporaneous documentation

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.

Prevention costs

Costs to prevent and avoid mistakes on the job. Incurred and accounted for before the project, and separate from the project, to create and maintain the quality management program (checklists!). This seems obvious, but most firms don't have money set aside to prevent errors. Specifications (products, like plotters that alert you before they run out of ink so you don't accidentally send a drawing set that is faded on the last pages. . . or services like a third-party printing service that maintains its own plotters and has a good reputation) Quality planning (submission to ISO 9001 quality management program) Quality management (checklists for each project kickoff meeting) Training (send staff to code officials' annual conference) As with all Quality Management strategies, the key is intentionality: Quality is in the budget from the beginning, so someone's time and conference registration are already accounted for and a manager won't deny the conference request, nor will the conference attendee decide that catching up on project work prevents her from attending the conference. Attending that code officials' conference is in her job description.

Appraisal costs

Costs, to the firm, of the employee time required for quality management measuring and monitoring. Verification Audits Supplier Rating Quality management programs require that you measure, measure, and measure . . . and all that measuring costs the firm money. Appraisal costs measure the cost of measuring. So meta!

Electrical engineer provides design services for which building systems?

Data and telephone systems Power system drawings and specifications Signal systems Lighting systems

Descriptive Specification Prescriptive Specification

Descriptive Specification: Detailed written information on requirements for material and product quality, including installation Prescriptive Specification: Detailed means and methods of construction

Memorize the following project delivery methods: 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.

Design-build vs design-build with bridging

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.

Zones of occupancy

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.

Net-to-gross Rentable-to-useable Grossing factor

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.

External failure costs

External failure costs: Price, to your firm, to remedy defects discovered by the owner during construction or after occupancy. Analyzing external failure costs is part of a quality management program, and includes the firm's expenditures associated with Time fielding complaints and responding to contractor RFIs The cost of the bad will, and lost future sales, from an unhappy client The number of (non-trivial) RFIs on a project can serve as a reasonable metric to approximate external failure costs, and we want to track these with an associated designer's-time dollar value so that we can determine when to spend more design time up-front. Quality management means looking at ourselves through the client's eyes, and intentionally measuring, making time for, and setting aside money for, the things we should do anyway to provide a better service. External failure costs are one type of "quality cost." Others include prevention costs (the price of adopting and maintaining a quality management program), appraisal costs (the ongoing expense of gathering all the metrics that a proper quality management program demands), and internal failure costs (which are like external failure costs, only with internal failure costs we are quantifying the price of correcting errors that we find before the drawing set goes out to the contractor).

"Top-down" fees

Fees you charge the client, based on approximates for major aspect of jobs, labor categories, and how much labor is required in each category Less accurate, you need more experience to estimate them properly, but faster to calculate and therefore better for smaller jobs

Architect's responsibilities to prepare for bidding

Finish CDs Administrate bidding Update cost estimates

Floor area ratio: FAR

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

Structural engineer provides what drawings?

Foundation drawings Floor framing plans Load-bearing wall drawings and details

Project management charts

Gantt charts, flow charts, and work breakdown structure (WBS) charts

Partnership

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.

Mechanical engineer provides what drawings?

Heating drawings and specifications HVAC systems Plumbing systems

Inspection-based quality controls vs process-based quality controls

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.

Instrument of service

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.

Internal failure costs

Internal failure costs: Dollar cost, to the firm, for fixing problems in the drawings and specs before delivery to the owner and bidders. Your time redlining.

LLP

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.

Project notebook

Manages the process of a project Budget Schedule Tasks Contracts/Forms Scope

Which consultants are part of the architect's basic services, and don't command an extra fee for the architect to coordinate?

Mechanical engineer Electrical engineer Structural engineer

Name the advantages and disadvantages of a multiple prime contract project delivery method.

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

Hour-points and RFI types

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. As an aside, I have a math degree and am a person that likes to quantify ideas more than most people, but even I think there's a special place in hell for people who give number values to things like this that shouldn't be quantified. First, there is the misappropriation of the concept of truth, mistakenly believing that we can only know something if we give it a number (as if we can't look at the RFIs themselves and know if the goof was a big deal or not, qualitatively). And second, while anything in the contract that doesn't work on a site should, in theory, trigger an RFI, no two contractors treat RFIs the same. Some use RFIs as a form of risk management, in case a claim is filed later, and file a flood of them. Others avoid them altogether because of an aversion to paperwork.

Corporate memory

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?

Bid add-alternates

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.

Contractor responsibilities in AIA A101

Owner-Contractor standard agreement The Contractor is responsible for: punch list creation and solutions, sub-contractors, damages to existing or neighboring property

Prime contract

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).

Test boring

Procedure by geotechnical engineer on soil. Checks: Ability to support the building Permeability Potential soil contamination To see one in progress, go here. https://www.youtube.com/watch?t=4&v=xfbaCqvFOuM&feature=youtu.be

Project perfection syndrome

Pursuit of over-detailed, over-quality work against the phase and needs of projects. See here for a graphic representation of the law of diminishing returns on your work.

How many times, on average, should you label a roof shingle's manufacturer in a drawing?

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.

AIA B101 SP

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.

Smoke pencil

Smoke pencil: for tracing the source of building skin air leaks. See here for an example. 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.

Sole proprietorship vs general partnership

Sole proprietorship: When a single person goes into business with no separation of personal and business liabilities General 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.

Architect-lead design-build team

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!

Slack

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.

PERT critical path diagrams

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 https://hbr.org/resources/images/article_assets/hbr/6309/63508_B.gif for an excellent example. 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

Supplemental instructions to bidders vs Architect's supplemental instructions

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.

If the Owner suspends the project, the Architect can...

Suspend work Require payment for work-to-date Require payment of delay-caused expenses Submit a new schedule

Which parts of a building do you design during the programming phase?

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.

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?

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 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 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.

In the AIA contracts, what is "The Work" and is "The Project?"

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.

Who certifies substantial completion?

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).

Business entity concept

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.

The mason has a concern. Why don't they communicate that concern directly with the architect?

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.

Definition, use, and parts of a work plan

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)

What makes an effective work plan

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. Plan: see above Do: execute the plan 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. Adjust: react to what you discovered when checking Do it all over again!

Task dependency

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. See here https://www.stakeholdermap.com/plan-project/task-dependencies.jpg for a graphic representation. See here https://www.workzone.com/blog/dependencies-in-project-management/ if you are unsure about these.

These documents are included in "contract documents" 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 not 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)

What's covered on the Project Management division of the ARE?

This exam division focuses on the work typically performed by a project manager: assigning tasks to the staff and roles to the consultants, project schedule, code (making the call on occupancy classifications, for instance), and negotiating the contract. Obviously, project manager responsibilities will vary considerably from firm to firm, or even within a firm from project manager to project manager. . ., but understanding the typical project manager roles is a good place to start when thinking about the scope of this exam division.

"Top-down" vs "Bottom-up" project budgeting

Top-down budgeting Start at the "top" with the gross fee the owner will pay your firm Subtract expenses to see what is left for design time Example: Bottom-up budgeting Start at the bottom with each person who will be working on the project, their hourly rate, and the number of hours you estimate they'll need to work. Each task is tallied upwards Time consuming, but more accurate Good for multi-faceted, large projects Project cost = Sum(Hours/Task * Dollars/Hour) Example: In these examples, for the same project, the RFP suggests that you will have a (top-down calculated) half-million dollars to design the project. . . but your bottom-up estimate, based on what you thought it would take to design the project, came in at over two million dollars! Talk to the client about renegotiating the architect's fee or do not respond to this RFP because you will lose a lot of money if you take this project on. *For the most accurate budgeting numbers, do both top-down and bottom-up estimates and use those to determine upper and lower limits.

Float time

Total float time: slack available for whole project Free float time: largest potential delay to this task without delaying next task

Total working capital

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)

Summarize AIA B101, the owner-architect agreement

Typical Design-Bid-Build Owner-Architect Contract The 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

How does the owner pay the contractor? Explain each of these Unit Cost Cost plus Fixed Fee Guaranteed maximum price (GMP) Stipulated (lump) sum

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.

Unit prices

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)?

When do we used phased construction?

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)

Joint venture

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.

Who prepares the punch list?

Who prepares the punch list? People assume that the punch list is an architect's responsibility. . . but it's not.

Who selects the contractor from the available bids?

Who selects the contractor from the available bids? Always the owner! It's her project! But in some cases there is no bidding process because the owner retained the builder at or near the beginning of the project, long before the architect completed his drawings (and perhaps before he started his drawings).

Who typically serves as the initial decision maker?

Who typically serves as the initial decision maker (IDM)? By default it is the architect, unless another party is "filled-in-the-blank" on the contract. The fire safety contractor claims that there was an omission in the drawings that lead her to under-count the number of sprinkler heads required when bidding. Now she's lost money on the project and is itching to file a claim. Before we go to mediation, the initial decision maker-someone MUCH more familiar with the drawings than any mediator will ever be-looks over the plans and rules in the fire safety subcontractor's favor. There was a drawing error. The owner may now pay the subcontractor for the error if he chooses. But he may still refuse to pay, leading to mediation. The hope is that the small issues can be resolved by the IDM before a mediator is brought in, and the hope is that the IDM can move things along, preventing the delays that this type of dispute often create. The initial decision maker is supposed to be a neutral referee. . . but you can see from this example, that if he had ruled against the subcontractor, the architect/IDM can be accused of being partial to the owner. What architect wants to admit that it was an error in his drawings that caused the problems, especially when the owner may attempt to recover the cost from the architect's liability insurance? The architect's insurance would then have to go after the engineer's insurance company to recover the loss. This kind of finger pointing and counter-claiming is the reason some owners prefer the design-build contract option. In that case, a single entity draws and builds the project and any disputes are handled "within the family," and are no longer the owner's headache. Of course an architect and builder may team to form a joint venture for the design-build project, and the builder may file a claim against the architect for the drawing omissions, but the owner is left out of the dispute. He gets the building, at the promised cost, without having to pay the lawyers.

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?

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.

Are verbal agreements binding?

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.

Print out the file at the link below, as you'll be asked to fill it in over the next several cards. https://drive.google.com/file/d/1rAcDVZ69CENFTdZRp6z-OxweYHT-UMoX/view

You don't have to memorize these. . . you'll likely start to see a logical pattern develop, and that's what you want to achieve with this set. Print this out (same link as front). If you don't have a printer, you'll still be able to answer the next series of questions, it just won't be as effective if you don't have a page to write your solutions before you see the answers.