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Flashcards

C401 Contracts

Tim D Architect English 57 cards

Cards in this deck (57)

  1. 1Copy of Architects-Owner B101 agreement is called thePrime Contract
  2. 2The B101 agreement is attached to the C401 agreement as an Exhibit A and made partof the agreement
  3. 3The consultant will provide services for what portions of the project and these will be clearly specified and described in the A-C agreementfully describe the Portion of the Project for which the consultant shall provide the services set forth in Article 3 of this Agreement
  4. 4Which agreeement shall govern, Where portion of the Prime agreement B101 is inconsistent with a provision of this C401 agreement...C401 shall govern
  5. 5Architect shall assume towards the consultant all rights, remedies, redress, obligations & responsibilities that the owner assumes towards the Architect.The Consultant shall assume towards the Architect all rights, remedies, redress, obligations & responsibilities that the Architect assumes towards the Owner
  6. 6Applicable to C401 agreement. The Architect shall have the benefit of all rights, remedies & redress(compensation for a wrong) against the Consultant that the Owner as in Prime...agreement against the Architect
  7. 7Consultant is to the architect... NOT an employee, agent or partner of the Architect...An independent contractor
  8. 8Consultant is responsible for The means and methods for his services The Acts and omissions of the Consultant shall not be the responsibility of the...Architect
  9. 9The Acts and Omissions of the Architect or other Architect's consultant, Contractors, subcontractors etc shall not be the responsibility of the...Consultant
  10. 10EXCEPT OTHERWISE, All communications between the Owner & Consultant, Contractor and other consultants shall be through theArchitect
  11. 11The Adminstrator of professional service for the project is theArchitect
  12. 12Information exchange amongst owner & consultant, other consultants for coordination are facilitated by theArchitect
  13. 13If consultant becomes aware of errors, omissions, inconsistences in service or information provided by the Architect or other consultant, Then the Consultant shall provide written notice to theArchitect AND VICE VERSA
  14. 14The cost and expenses measured in marketing, promotion, procurement, display of the project are agreed to be shared by both the...Architect and Consultant
  15. 15Consultants retain theSubconsultants
  16. 16Architect retains theother consultants
  17. 17If parties requiring to transmit, exchange, develop protocol for use of BIM & Digital data form shall use theE203-2013 Exhibit
  18. 18G202-2013 (Project BIM form) is the pre-req forE203
  19. 19If you refuse to use E203,G202 for BIM related issues, its at thats party's that refuse to use it sole risk & liability and notto any other party
  20. 20If the Standard of care in C401 is different from Standard of care in Prime Agreement B101, Then the consultantt must perform withB101 Standard of Care
  21. 21A representavtive or key personel must be identified to act on behalf of the Consultant on site called aSuperintendent
  22. 22If the Consultant wishes to change key personel / superintendent on site, he must first ask the approval from theArchitect
  23. 23Investigation, reports, test, surveys, analysis & services of other consultant that should be obtained for proper execution of the Consultant services shall be recommended by the Consultant to theArchitect
  24. 24For better Coordination and to Avoid delay, the Consultant shall always coordinate its services with other consultants servies and the services of theArchitect
  25. 25Drawings, specifications, reports are provided by the Consultant to the Architect & Other consultants in the Format required by theArchitect
  26. 26A Schedule of Values for performace of the Consultant services shall be submitted by the Consultant for the Architects approval in consistent with theB101 Prime agreement requirements that may be adjust at any time
  27. 27Reasonable time shall be allowed for the Architect & other consultant to review the Consultants Schedule SubmittalOnce the Consultant Schedule is approved by the Architect, THEN the time limit in the Architect approved Consultant Schedule shall not be exceeded
  28. 28the following insurance are maintained by the Consultant- commerical liability insurance
    +
    - Automobile liability insurance
    = Umberlla Liability coverage for both Architect and Consultant
    - workers compensation
    employee's liabilty
    Professional Liability covering consultant negligent acts or errors
  29. 29Consultant shall carry Umberlla Liability & Add the Owner as additional issued for Any issued caused in whole or part by theConsultants negligence
  30. 30Who is the project coordinator that handles all co-ordination called...Architect
  31. 31Certificate of insurance are provided by the Consultant to theArchitect
  32. 32The same professional services for the Portion of the project as the Architect is required to the owner in the prime agreement shall be provided by the Consultant to theArchitect
  33. 33services of the Consultant shall be provided in phases & sequence directed by theArchitect
  34. 34Specified site visits shall be perfomed by the Consultant ; If the Architect requires the consultant to perform more site visit - it shall be an addtionalservice
  35. 35the requirements for the portion of the project shall be figured out or ascertained by the Consultant & the Architect shall confirm such requirementsthe Architect shall confirm such requirements
  36. 36If required ; the consultant shall be licensed in the local jursidiction where the project is located or shall cause such services to be perfomed by appropriate licensed designprofessionals
  37. 37If they is a dispute between Owner-contractor in regards to This Portion of the Work, consultant shallRender written recommendstions
  38. 38If architect is in the process of determining whether to reject or not non coformimg work part of This Portion of the Work, consultant shallAssist him
  39. 39If consultant requires additional services, he shall- Inform architect
    - Once authorization, he shall proceed
    - He is entitled to compensation for add services
  40. 40# of Site visits shall be determined in the...A-C agreement.
    Excess of the # are Add Services
  41. 41It is the responsibility of the architect to provide what to the consultantAvailable information, in a timely manner, regarding
    - requirements and limitations of project
    - Copy of owner's program
    - Copy of preliminary estimate/updated estimates of the Work
    - Bidding docs, tabulations
    - Negotiated proposals
    - Contract documents
    - Change orders and CCD
    *all pertaining to This Portion of the Project
  42. 42Both Architect and consultant shall identity a rep to- Act on behalf of them in respect to This Portion of the Project
    - Render decisions in timely manner to avoid delay of consultants/arch services.
    - Rep shall not b replaced without approval or cons/arch
  43. 43Before rendering interpretations, clarifications, of shop dwgs, product data, samples, change orders, affecting This Portion of the Project, architect shallRequest recommendations and confer with the consultant
  44. 44If other consultants are working on the project, the architect shallAdvise consultants of their identity and their scope of services
  45. 45Cost of the work is defined as set forth inThe prime agreeement
  46. 46The consultant shall prepare and submit to the architect an estimate ofThe cost of the work for The Portion of the Project
  47. 47If estimate of Consultant CoW/TPotP exceeds owners budget, consultant shallMake appropiate recommendstions to architect to adjust size, quality, or budget
    Cooperate with architect and other consultants to redesign to comply with owner's budget
  48. 48Arch and consultant shall not make changes in each other's instruments of services withoutWritten permission of the other party
  49. 49Dispute resolution is subject toThe same provisions set for in the Prime Agreement
  50. 50First binding dispute resolution in case of dispute/claimMediation
  51. 51Consultant to indemnify architect against- Damages, losses, third party claims, including attorneys fees + expenses
    To the extent caused by negligent acts/omissions
    And VICEVERSA architect to consultant
  52. 52If prime agreement terminates- Architect notify consultant
    - Either party may terminate this agreement
  53. 53If radioactive poisonous spiders found on siteNeither arch or consultant are responsible for the discovery, presence, handling, removal, disposal or exposure of persons to, hazardous/toxic materials in the project site
  54. 54Reimbursable expenses to consultantArchitect shall reimburse
    In addition to compensation
  55. 55If consultants invoices incorrect/untimelyArchitect , within 10 days, review matter with consultant and confirm in writing issue
  56. 56Consultant shall submit invoices in accordance withPrime agreements provisions
  57. 57Architect is entitled to rely on the Accuracy and......completedness of the consultants work

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Flashcards on C401 Contracts, created by Tim D Architect on 09/03/2021.
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Tim D Architect
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