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Flashcards

B101 Contracts

Tim D Architect English 198 cards

Cards in this deck (198)

  1. 1Owners anticipated design and construction milestone dates- Design phase milestone
    - Construction commencement milestone
    - Substantial complettion date
  2. 2who intends the following procurement of services & delivery methods for the projectThe owner
  3. 3The Owner and Architect shall use or incorporate AIA E204 ( Sustainable Project Exhibits) into the AgreementIf the Onwer identifies a Sustainable objective
  4. 4Who reviews Architect's Submital to OwnerOwners Representative
  5. 5Geotechnical Engineer and Civil Engineer are consultants retained by theOwner
  6. 6Structural Engineer Mechnical Engineer Electrical Engineer are all consultants retained by theArchitect
    under Basic Services
  7. 7Owner and Architect may rely on the Initial Information butboth Owner and Architect know the initial information might change
    so adjustment can be done to the Architect's Schedule, services, compensation
    Owner's budget, anticipated design and construction milestone
  8. 8What AIA document shall be used to transmit, develop, document, exchange and establish, digital dataE203 (Building Information Modelling & Digital Data Exhibit)
    must be agreed upon by both the Owner and Architect
  9. 9What is the Prerequisite for E203G202 -Project BIM Protocol Form
  10. 10Who provides professional services as set forth by B101 AgreementArchitect
  11. 11The Architect shall perform its services consistent with the professional skill and care ordinarily provided byarchitects practicing in the same or similar locality under same and similar circumstances
  12. 12The Architect can work expeditiously butconsisitent with professional skill & care & in orderly progress of project
  13. 13The Architect shall identify a representative authorized toact on his behalf with respect to the project
  14. 14The Architect shall not collect or accept any compromising employment that would reasonably affect architects professional judgement with respect to the given projectexcept with owners knowledge or consent
  15. 15types of insurance the Architect should maintain until termination of agreement- commercial general liability
    +
    - automobile liability
    = (UMBERLLA LIABILITY INSURANCE)
    - workers compensation
    - employee liability
    - professional liability
  16. 16What happens when you add any insurance to the normal insurance maintianedThe Owner shall pay the Architect
  17. 17The Architect shall include the Owner as additional insured whenusing
    - primary (commerical general liabilty & autombile liabilty) or
    - excess ( umberlla liability) policies
  18. 18Certificate of insurance to the owner is provided by ?The Architect
  19. 19prompt written notice to the Owner when an error is discovered is provided byThe Architect
  20. 20Schedule of performance to the Owner is submitted by ...The Architect
  21. 21Schedule of performance includes...- anticipated dates for construction commencement
    - substantial completion of work
    - allowances for period of time used for owners review, owners consultant and approval of submission by AHJ over the project
  22. 22Architect or Owner can not exceed schedule of perfomance once approved except for a ...reasonable cause
  23. 23government authorities are contacted to approve the Construction Documents & entities providing utility services to the project...by Architect
  24. 24Applicable design requirements imposed by govt. authorities and entities are responded to by the....Architect
  25. 25Program, laws, regulations, codes applicable to Architects services are reviewed...by the Architect
  26. 26Preliminary evaluation of owner's program, schedule, budget for cost of work, project site, proposed procurement & delivery method to ascertain requirement of the project are prepared...by the Architect
  27. 27owner reaches an understanding about project requirements with...the Architect
  28. 28alternative design & construction approaches to the owner after presenting his preliminary evaluation are discussed with...the Architect
  29. 29Preliminary design illustrating scale & relationship of project components are prepared by Architect...for the Owners approval
  30. 30after Pre-design, Schematic Design documents are prepared by Architect...for the Owners approval
  31. 31Schematic Design includes:- site plan
    - preliminary building plan, section, elevations
    - study model
    - preliminary selection of major building systems & construction materials shall be noted on drawing and described in writing
    - Perspective sketches
    - digital representation
  32. 32alternative materials, systems, equipment in developing the design project that is consistent with budget and cost of work, schedule shall be considered by...the Architect
  33. 33An estimate of "Cost of work" shall by submitted to the Owner by...the Architect
  34. 34schematic design document is submitted to the owner for approval by...the Architect
  35. 35after owners approval of Schematic design, owner authorize Design Development Design Development Documents includes:- plans, elevations, sections
    - typical construction details
    - diagramtic layout of building systems
    - outline specification ( identify materials& systems & establish the quality levels)
  36. 36in Design developmemt An update is done to the estimate of Cost of Work by...the Architect
  37. 37design development document is submitted to the owner for approval & advise owner of any adjustemtn to the cost estimate by...the Architect
  38. 38after owner approves the design development docs, Owner authoriz the construction documents Construction documents includes:Plans and Specification in Details
  39. 39in order to properly perform the work; additional information is required by the contractor as acknowledged by the...Owner and Architect
  40. 40additional information required by the contractor to properly perform the work includes;- shop drawings
    - product data
    - samples
    and other similar submittals which the Architect shall review
  41. 41design requirments from governmentaal authority having jursidiction shall be incorporated by...the Architect
  42. 42During Construction Documents, the Architect assist the Owner with...- form of agreement between the Owner and Contractor
    - Conditions of the Contract for Construction ( general, supplementary & other conditions)
    - procurment information that describes the time, place & conditions of bidding, including bidding proposal forms.
  43. 43project manuel are compiled by... Project manuel includes:the Architect
    - conditions of the contract for construction
    - specifications
    - may include bidding requirements and sample forms
  44. 44Cost estimate of work in all phases are updated by...the Architect
  45. 45A list of prospective contractors are established by the owner with assist from...the Architect
  46. 46obtaining either competitive bids or negotiated proposal by owner with assist from...the Architect
  47. 47confirming responsiveness of bids or proposals by owner with assist from...The Architect
  48. 48determining the successful bid or proposal by the owner with assist from...the Architect
  49. 49Awarding & preparing contracts for constructions by the Owner with assist from...the Architect
  50. 50compeitive bidding Bidding Documents includes;- bidding requirments
    - proposed contract documents
  51. 51Owners does the bidding of project with assist from the Architect through:- facilitating the distribution of bidding documents to prospective bidders
    - organizing & conducting pre-bid conference
    - preparing responses to questions from prospective bidders : providing clarifications & interpretations of bidding documents in the form of ADDENDA
    - Organizing & conducting the opening of the bids & subsequently documenting & distributing the bidding results as directed by the Owner
  52. 52If the bidding documents permits substitutions ; Only upon the Owner written Authorization shall the...Architect consider request for substitutions & prepare & distribute ADDENDA identifying approved substitutions to all prospective bidders ; as an additional service
  53. 53Negotiated Proposal Proposal Documents includes:- proposal requirements
    - proposed contact documents
  54. 54Owners does the obtaining of proposals with assist from the Architect through:- facilitating the distribution of proposal documents to prospective contractors and rquesting their return upon completion of negotiation process
    - organizing & participating in selection interviews with prospective contractors
    - preparing responses to questions from prospective contractors : providing clarifications & interpretations of proposal documents in the form of ADDENDA
    - Participating in the Negotiation with prospective contractors & subsequently preparing a summary report of negotiation results as directed by the Owner
  55. 55If the proposal documents permits substitutions ; Only upon the Owner written Authorization shall the...Architect consider request for substitutions & prepare & distribute ADDENDA identifying approved substitutions to all prospective contractors ; as an additional service
  56. 56Construction Phases Services Architects Services under the B101 agreement shall not be affected by the Owner & Contractor modifications of A201...unless the Owner and Architect amend B101 agreement
  57. 57Adminstration of the Contract as set forth in A201 shall be delivered by...the Architect
  58. 58During Construction Phase services, the Architect shall consult and advise the...Owner
  59. 59Only to the extent agreed in the B101 agreement, the Architect shall have authority to act on behlaf of the...Owner
  60. 60Contractors failure to perform the work in accordance to A201 ( Contract Doc) is not the responsiblity of the...Architect
  61. 61Contractors acts & omisssions in performing portions of the work is not the responsibility of the...Architect
  62. 62Architects responsibility to provide construction phase services starts with...- award of the contract for construction
    - ends on the date the Architect issues final certificate of payment
  63. 63Architect shall visit the sit at intervals appropriate to the stage of construction, so as to...- check progress
    - qualify of the work completed
    - determine workis performeed in accordance to contract documents
  64. 64exhausive or continous on site inspections to check quality or quantity of work is not the responsibility of the..Architect
  65. 65Architect shall report to the owner...- known deviation from the contract documents
    - known deviation from the construction schedules submitted by Contractor
    - defects & deficiences observed in the work
  66. 66Work that doesnt confrom to the contract documents can be rejected by the...Architect
    ; because he has the authority to do so
    but this authority does not give a duty or responsibilty from Architect to Contractors, subs, suppliers, agents
  67. 67inspection and testing of the work in accordance to the contract document can be required...by the Architect
    ; because he has the authority to do so
    but this authority does not give a duty or responsibilty from Architect to Contractors, subs, suppliers, agents
  68. 68Interpretation and decision on matters concerning the performance of the contract documents shall be decided bythe Architect only on written request of either the Contractor` or Owner.
  69. 69Architects response to Owners or Contractors written request shall be made in writing withinreasonable time limit/promptness
  70. 70Any or all Architects interpretation & decisions shall beconsistent with the intent of contract documents and shall be in writting form or drawings
  71. 71Any or all Architects interpretation & decisions shall besure to secure faithful performance by Owner & Contractor
  72. 72Any or all Architects interpretation & decisions made in good faiththe architect isn't liable for such interpretation and decisions
  73. 73Any or all Architects interpretation & decisions by the Architect concerning aesthetics isfinal and must be consisent with contract documents
  74. 74Issuance of certificates for payments in given amounts that as been reviewed and certified and are due to the contractor shall be by theArchitect
  75. 75Architects review of amounts due to contractor shall be based on- evaluation of the work for comformance to contract documents
    - initial completion
    - results of previously carried out tests & inspections
    - corrections of minor deviations from the contract documents prior to completion
    - specified qualification expressed by the Architect.
  76. 76issuance of certificate for payment is not a representation that the Architect as- made exhaustive or continous on site inspection to check quality & quantity of the Work
    - reviewed construction means, methods, techniques, sequence, procedures
    - reviewed copies of requisitions received from subcontractors $ supplies $ other data requested by the Owner to substantiate the contractors right to payment
    - ascertained how or for what purpose the contractor as used money previously paid on account of the contract sum.
  77. 77a record of the application & certificate for payment shall be maintained byThe architect
  78. 78contsruction and contractor submittal schedules shall be reviewed and not delayed or witheld approval by theArchitect
  79. 79sufficient time by to adequtely review submittals shall be awarded to the professional judgement of theArchitect
  80. 80the review of submittals by Architects is forMerely checking conformance to the information given and design concept expressed in the contract documents and NOT to check for accuracy or dimensions, quantities & installation or performace of equipments or systems which are the Contractors rresponsiblities
  81. 81The approval of a specific item by an Architect is notApproval of the whole assembly in which the item is a component.
  82. 82A Professional seal and signature must be present on any submittal submitted by the Contractor for review by theArchitect
  83. 83Review and Responding to RFI about the Contract Documents shall be carried out bythe Architect
  84. 84the requirements for RFI shall be set forth in the Contract Documents by theArchitect
  85. 85RFI about the contract documents to be reviewed and responded to by the Architect includes...- Specific Drawings
    - Specifications in need of Clarificiations & nature of clarification requested
  86. 86Responses to RFI by the Architect shall be made inwriting
  87. 87Supplemental drawings & specifications can sometimes be prepared and issued in response to RFI by theArchitect
  88. 88A record of submittals & copies of submittals supplied by contractors in accordance with the requirements of the Contract Documents shall be maintained by theArchitect
  89. 89minor deviation (doesnt involve adjustement to contract sum and contract time)- carried out by Architect
  90. 90construction change directive to be signed by the Owner and Architect but- prepared by the Architect
  91. 91Change Orders to be signed by all 3 parties but- prepared by the Architect
  92. 92inspections shall be conducted to determine date or dates of substantial completion and date of final completion by theArchitect
  93. 93issuance of certificate of substantial completion shall be by theArchitect
  94. 94any document received from the contractor shall be forwarded to the Owner for Owners review, records, written narratives by theArchitect
  95. 95a final ceritificate for payment shall be issued by the Architect based upon final inspection, indicating...to the best of Architects knowledge, information and belief the work complies with the requirments of contract documents
  96. 96in order to verify the list submitted by the contractor for completion or correction of the work, an inspection shall be conducted by theArchitect with the Owner
  97. 97After substantial completion as been achieved, the Owner shall be reminded of balance of Contract sum to be paid to the Contractor for final completion or correction of the workwho reminds the owner?
    the Architect
  98. 98Architect forwards to the Owner what he receives from the contractor: which includes...- consent of surety or sureties, if any related to the partial release of retainage or to the making of final payment
    - affidavits, receipts, release and waviers of lien or bond indemifying the Owner against lie
  99. 99Architect shall meet with the Owner to review the facility operation & performace without any compensation to the Architect. this is meeting is done...- upon the request of the owner
    - prior to the expiration of 1 year from date of substantial completion.
  100. 100supplemwental services - programming, multiple preliminary design, site evaluation & planning, development of bim for post construction use, civil engineering, interior design, detailed cost estimating, conformed documents for constrution ("issued for construction" document), as designed record drawings, as constructed record drawings (as-built drawings), Tenant related services, Telecommunications/data designcommissioning, security evaluation & planning, multiple bid packages, FF & E, Measured drawings, existing facilities survey, BIM management, Landscape design, value analysis, on site project representation, post occupany evaluation, facility support services, Architects co-ordination of owners consultants, fast track design, sustainable project services, Historic preservation, other services by speciality consulatants.
  101. 101Conformed Drawings: Issued for construction by the Project Engineer (PE) incorporating all changes to drawings via addenda during the bid period.As-designed Record Drawings are the record of everything the Architect designed for the Project, and include the original Construction Documents plus all addenda, Architect's Supplemental Instructions, Change Orders, Construction Change Directives and minor changes in the work.
  102. 102if the owner wants to carry out sustainable objective, the owner shall compensate the Architect because thats a supplemental service by using the the E204 as an attachment to the B101AgreementE204 - Sustainable Projects Exhibits
  103. 103additional services can be provided by the Architect after execution of the B101 Agreement without disproving...the B101 Basic services agreement.
  104. 104the Architect shall not proceed with additonal services without receiving a written authorization from theOwner
  105. 105architect must always notify with reasonable promptness & explain the facts & circumstances giving use to the need for additonal services from theOwner
  106. 106what type of services is neccessitated by a change in the intial information,previous instructions, approval given by the owner or material change in the projects size, quality complexity, owners budget, schedule, procurement or delivery methodall these are additonal services
  107. 107what type of services is neccessitated by the enactment of revision of codesadditional sevice
  108. 108Its an additional service when changing & editing of previously prepared instrument of services...- Instrument of services are contrary to applicable AHJ prior to issuance of building permits
    - Instrument of Services are contrary to approved standard of care
  109. 109When limits are reached for specified site visits by Architect during construction... The Architect shall notify the...Owner
  110. 110When limits are reached for specified inspection for any portion of the work to determine substantial completion in accordance with Contract docs... The Architect shall notify the...Owner
  111. 111When limits are reached for specified inspection for any portion of the work to determine final inspection... The Architect shall notify the...Owner
  112. 112Construction phase services provided more than 60 days after- date of substantial completion of the work
    - the initial date of substantial completion identified in the A201 agreement between Owner & Contractor whichever is earlier
    * shall be compensated as an additional service
  113. 113The architect shall be compensated as additional services ; by the extention of the Architects services...if services covered in B101 agreement have not been completed within specified months of the date of the B101 agreement, without no fault of the architect.
  114. 114Owners Responsiblities includes establishing- budget of cost of work
    - other costs needed
    - reasonable contigencies related to all of these costs
  115. 115The Owner shall update the budget throughout the duration of the project until...final completion if the budget increase or decreases
  116. 116The Owner shall notify the architect about updates to the budget, then Owner and Architect agree and the Architect carries out changes in...Scope and Quality
  117. 117Decisions and approvals to the Architects submittalls are provided by the...Owner
  118. 118Owner shall provide the supplemental services designated as Owners responsibilities ; if owner identify sustainable objectiveOwner shall fulfill this using E204 - Sustainable Project Exhibit attached to B101 agreement
  119. 119The services of the Owners consultants and services of the Architect shall be coordinated by theOwner
  120. 120The Owner shall provide scope of services in the Contracts between Owner & Owners consultants upon request of the...Architect
  121. 121If the Architect request services of consultants as required for the Scope of the Project , then The Owner shall either provide the services of consultants other than those designated as the responsibility of the Architect in Basic Services of B101 Agreement OR...Authorize the Architect to provide them as an additional service
  122. 122The consultants and Contractor of the owner shall maintain insurance including Professional liability insurance as required by the...Owner
  123. 123Tests, inspections, reports by law or Contract Documents such as Structural, Mechanical, Chemical test, test for air, water pollution test, test for hazardous materials shall be provided by theOwner
  124. 124All legal, insurance and accounting services iincluding auditing services at any time of the project to meet owners need & interest shall be provided by theOwner
  125. 125Prompt written notice to the Architect if owner becomes aware of any faults or defect in the project, including errors, omissions, inconsistences with Architects instruments of service shall be provided by theOwner
  126. 126Owners communication by & with the Architects Consultants shall be through theArchitect
  127. 127The Owner shall notify the architect of Any substance of direct communication...between the owner and contractor relating to the project
  128. 128The owner shall include the architect in all communication between the Owner and contractor concerning...the architects service or professional responsibilities
  129. 129If the Architect request information from the owner to evaluate, give notice or enforce lien rights within 15 days of a written notice from the Archiect, the information shall be provided by theOwner
  130. 130Duties & responsibilities set forth in the B101 agreement shall be coordinated with that of the A201 Contract for construction before executing the contract for construction by theOwner
  131. 131a copy of the executed agreement between the owner and contractor i.e A101 and a copy of the general conditions for the contract for construction i.e A201 shall be provided to the Architect by theOwner
  132. 132access shall be granted the Architect to the project site prior to commenencement of the work and the contractor shall be obligated to provide the Architect access to the work whenever it is in preparation or progress via theOwner
  133. 133the total cost to the owner to construct all elements of the project designed or specified by the Architect including the contractors general conditions cost, overhead and profits is calledCost of the Work
  134. 134the reasonable value of labor, materials and equipments donated to or by the owner is calledCost of the Work
  135. 135Cost of the Work does not include compensation for the ...Architect
  136. 136Cost of the Work does not also include...cost of land
    right of way
    financing
    contigences for changes in work
    other cost that are responsibility of owner
  137. 137Owners budget of Cost of the work is provided in the initial information and adjusted throughout the...Project phases
  138. 138Evaulation of owners budget of Cost of the Work are prepared by theArchitect to represent the Architects judgement as a design professional
  139. 139Preliminary estimate of the cost of work are prepared by theArchitect to represent the Architects judgement as a design professional
  140. 140Updated estimate of cost of work is prepared by theArchitect to represent the Architects judgement as a design professional
  141. 141the Architect is permitted to include contigencies for - design - bidding - price escalation when preparing...estimates of the Cost of Work
  142. 142the Architect is permitted to include contigencies for - design - bidding - price escalation when preparing estimates of the Cost of Workto determine what materials, equipments, component systems and type of construction are to be included in the contract Docs.
  143. 143the Architect is permitted to include contigencies for - design - bidding - price escalation when preparing estimates of the Cost of Workto recommend reasonable adjustment in the program & scope of the project
  144. 144the Architect is permitted to include contigencies for - design - bidding - price escalation when preparing estimates of the Cost of Workto include design alternates as many be neccessary to adjust the estimated cost of the work to meet owners budget
  145. 145its a supplemental service for the Architect to provide detailed Cost estimate as required by theOwner
  146. 146If the procurement phase has not commenced after 90 days of the Architect submitting the Construction Documents to the Owner and at no fault of the Architect, then the Owners budget of the Cost of Work shall by adjusted to reflect changes in the general levels of prices in the...applicable construction market
  147. 147the Architect can reccomend to Owner adjustment in the - Project scope - Project quality - Prooject budget ; when the Architects estimate is greater than ...Owners Budget for Cost of Work
  148. 148the Owner shall to give written approval of an increase in the budget, If...Owners Budget for Cost of Work exceeds loweest bona fid bid or negotiated proposal at the Construction
    document phase
  149. 149the Owner shall authorize rebidding or renegotiation of the project within reasonable time, If...Owners Budget for Cost of Work exceeds loweest bona fid bid or negotiated proposal at the Construction
    document phase
  150. 150the Owner shall terminate project, If...Owners Budget for Cost of Work exceeds loweest bona fid bid or negotiated proposal at the Construction
    document phase
  151. 151the Owner shall in consultation with the Architect, revise the Project program, scope, qquality, If...Owners Budget for Cost of Work exceeds loweest bona fid bid or negotiated proposal at the Construction
    document phase
  152. 152In sending the instruments of services, Architect and Owner warrants that the sending party as permission to...send such information for use of project
  153. 153A non-exclusive license is granted to the Owner by the Architect to use the Architects Instruments of services solely & exclusively for the purpose of constructing, using, maintaining, adding to the project provided that the Owner...substantially performs its obligations under the B101 agreement including prompt payment of all sums due.
  154. 154A non - exclusive license from the Architects consultants for their IoS consistent with the agreement shall be obtained by theArchitect
  155. 155The license granted to the Owner by the Architect shall be terminated if the..Architect rightfully terminates the B101 agreement.
  156. 156The Owner releases the Architect and Architects Consultants from all claims and causes of action arising from the ..Owner using thr Architects Instruments of Services without retaining the authors that created them
  157. 157the owner agrees to indemify & hold harmless the Architect & Architects consultants from all costs and expenses by any 3rd party that uses the Instruments of Services arising from the...Owner using thr Architects Instruments of Services without retaining the authors that created them
  158. 158if the Owner rightfully terminates the B101 Agreementall the above shall not apply
  159. 159the owner and architect commence all claims and causes of action against the other and arising out of B101 agreement whether in contract or tort in accordance with the...requirement of the binding dispute resolution methid selected in the B101 agreemtn & within the period specified in the B101 agreement by applicable law, but in any case not more than 10 years from substantial completion
  160. 160the owner & architect shall waive all claims & causes of action not commenced in accordance to therequirement of the binding dispute resolution methid selected in the B101 agreemtn & within the period specified in the B101 agreement by applicable law, but in any case not more than 10 years from substantial completion
  161. 161to the extent damages are covered by the property insurance, the Owner and architect waive all rights against each other & against the contractors, consultants, agents & employees of others for damages except...such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of the Contract for Construction.
  162. 162the Owner and architect waive consequential damages for claims, disputes or other matters in question arising out of or relating to the B101 agreementThis mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7.
  163. 163Many construction agreements, including the AIA documents, includea waiver of consequential damages.
  164. 164Owners Failure to make payments to the Architect is called- substantial nonperfomance
    - and cause for termination
    or Cause for suspension of performance of services of B101 agreement
  165. 165Architect shall give 7 days written notice to the Owner before suspending...services
  166. 166Architect is not liable for any delay or damages to the Owner caused due to suspensionof services
  167. 167Owner must pay the Architect all sums due prior to suspension & any expenses incurred in the interruption & resumption of the Architects services before resuming..services
  168. 168before resuming servicesthe Architects fee
    architect time schedule shall be adjusted
  169. 169The Architect shall be compensated for services performed prior to Owners suspension of theProject
  170. 170the Architect shall be compensated for expenses incurred in the interruption & resumption of the Architects services whenproject resumes
  171. 171The Architect is allowed to terminate the B101 agreement by giving 7 days written notice, If...the owner decides to suspend the project for more tha 90 DAYS for reasons not the fault of the Architect
  172. 172either the Owner or Architect may terminate the B101 agreement upon 7 DAYS written notice, If...both the Architect or Owner fails substantially to perform in accordance with the terms of the B101 agreement through no fualt of the person initiating the termination.
  173. 173the Owner may as well terminate the B101 agreement for no reason than owners convience by giving 7 DAYS written notice to theArchitect
  174. 174after the owner terminates the B101 agreement, the owner may compensate the Architect for cost attributable toConsultant services
  175. 175If owner terminates B101 agreement for convenience and Architect terminates B01 agreement due to owner suspending project for over 90 DAYS, then Owner must pay...Termination fee & Licensing Fee if Owner still wants to m,ake use of Architects Instruments of Services.
  176. 176Except otherwise stated, this B101 agreement shall terminate...1 year from date of substantial completion
  177. 177Terms in B101 agreement shall have the same meanings as those inA201
  178. 178If a lender agrees to assume the Owners right & obligations under B101 Agreement, including any payment due to the Architect by the OwnerOwner may assign B101 Agreement to the lender who is providing finacing the project.
  179. 179Neither the owner or architect may assign B101 agreement to a lender or 3rd party without the written consent of theOwner or Architect
  180. 180the proposed language of any certificates shall be submitted to the Architect for review atleast 14 DAYS before required dates of execution, if the owner request the Architect to execute certificates.The same applies to Consent required to facilitate assignment to Lenders
  181. 181anything that requires knowledge, services, responsibilities relating to certificates & consent beyond the scope of the B101 agreement, the Architect shouldn't be reuired todo them
  182. 182Nothing in B101 agreement shall create a contractual relationship with a 3rd party against either theowner & Architect
  183. 183Owner shall compensate the Architect for Basic services using- Stipulated sum
    - % basis of Construction sum
  184. 184If compensation is on a % basis - progress payment for each phase of the basic services shall be calculated by...multiplying the % identified by the owners most recent budget of the cost of work
  185. 185compensations in previous progress payment shall not be adjusted based onsubsequent updates to the budget of cost of work
  186. 186whether or not the construction phase is commenced.Architect shall be entited to compensation in acccordance with B101 agreement for all services performed.
  187. 187Hourly billing rates for architects & consultants are adjusted in accordance with...Architect & Architects consultants normal review practices
  188. 188expenses incurred by the Architect and the Architect's consultants directly related to the Project are calledReimbursable Expenses - are in addition to basic and additional services
  189. 189reimbursable expenses includes :- transporation & authorized out of town travels and subsistence
    - Long distance services, dedicated data & communication services
    - permitting & other fees required by AHJ over the project
    - printing
    -postage
  190. 190reimbursable expenses includes :- expenses for overtime work authorized by owner
    - rendering
    - all taxes levied on professional services
    - site office expenses
    - regisration fees charged to certifying authority
    - Owners request for insurance coverage beyond what is maintained by the Architects consultants
  191. 191for reimbursable expenses the compensation shall be the expense incurred by the Architect & the Architects Consultant plus% of the expenses incurred
  192. 192An intial payment to the Architect shall be made upon execution of B101 agreement and this minimum payment under B101 agreement it shall be credited to the...Owners account account in the final invoice
  193. 193in the case of sustainability certification, the architects payment o the certifying authority shall be credited to the...Owners account at the time the expense is incurred.
  194. 194Unless otherwise agreed on ; Payment for services shall be made monthly in proportion toservices performed
  195. 195Payments are due & payable uponpresentation of
    Architects invoice
  196. 196Amounts unpaid @ specified day after the invoice date shallbear interest rate or at a legal prevailing rate from time to time at the principal place of business of the Architect
  197. 197records of reimbursable expenses - refer to expenses pertaining to supplemental & additional services & services performed on the basis of hourly rates shall be available to theOwner at mutually
    convenient times
  198. 198Scope of the Agreement includesB101
    E203 - BIM & Digital data exhibit
    Exhibits - E204 - Sustainable Project Exhibit
    Other documents

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Description
Flashcards on B101 Contracts, created by Tim D Architect on 17/02/2021.
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Tim D Architect
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