B101 Owner-Architects Agreements: B101 - 2007; Standard Form of Agreement Between Owner and Architect
Terms in this set (66)
- is part of the A201 Family of documents
B101's optional document
B101 table of articles (13)
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. Copyrights and licenses
8. Claims and Disputes
9. termination or suspension
10. Miscellaneous Provisions
12. Special Terms and Conditions
13, Scope of the Agreement
B101 article 1 is?
B101 article 2 is?
B101 article 3 is?
Scope of architect's basic Services
B101 article 4 is?
B101 article 5 is?
B101 article 6 is?
Cost of the work
B101 article 7 is?
Copyrights and licenses
B101 article 8 is?
Claims and Disputes
B101 article 9 is?
9. termination or suspension
B101 article 10 is?
B101 article 11 is?
B101 article 12 is?
12. Special Terms and Conditions
B101 article 13 is?
13. Scope of the Agreement
where should initial Information be provided
In article 1 or in optional Exhibit A
B101; article 1 initial information;
what's included (3)
- initial information
- owner's anticipated date for the commencement of construction
- owner's anticipated date for Substantial Completion
- that you can rely on the Initial Information; but if it changes the Owner and the architect shall appropriately adjust the schedule, the architect's services and architect's compensation
B101; article 2 Architect's Responsibilities;
What's included (5);
- "architect shall provide profession services set fourth in this agreement."
- "the architect shall perform its services consistent with the professional skill and care ordinarily provided by the architects practicing in similar conditions"
- The architect shall identify a representative authorized to act on behalf of the Architect with respect to the project
- "architect shall not engage in any activity.. that would reasonably appear to compromise the Architect's professional judgment"
- the Architect shall maintain the following insurance for the duration of this Agreement"
what insurance shall the Architect maintain, set fourth be Agreement B101? (4)
- General Liability
- Automobile Liability
- Worker's Compensation
- Professional Liability
B101; article 3. Scope of Architect's Basic Services;
What's included? (11)
- architect basic services overview clauses
- schematic Design Phase services
- Design Development Phase Services
- Construction Documents Phase Services
- Bidding or Negotiation Phase Services
- Construction Phase Services
- Evaluation of the Work
- Certificates for Payment to Contractor
- Changes in the Work
- Project Completion
B101; article 3.1 scope of architect's basic services (7)
1. the arch's basic services in article 3 include usual and customary structural mechanical, and electrical engineering services. other are additional services
1. 1. arch shall manage arch services, consult w/ Owner, research design criteria, attend project meeting, communicate w/ members of project team and report progress
1. 2. arch shall coordinate services w/ owner;s services and consultants. arch can rely on the owner's accuracy and completeness of information furnished bu the owner. arch shall provide prompt written notice to the owner if the arch is aware of any error omission or inconsistency in the owner's information
1. 3. arch shall submit for the owner's approval a schedule for the performance of the arch's services. owner should approve schedule. time limits establish shall not be exceeded by the architect or owner. the architect shall adjust the schedule as the project proceed with the Owner's Approval
1. 4. the arch shall not be responsible for an owner's directive or substitution made without the Arch's approval.
1. 5. the Arch shall contact the gov't req'd to approve the Const docs and the entities providing utility services to the Project. Arch shall respond to design requirement imposed by gov't and entities providing utility services
1. 6. Arch shall assist the Owner in connection with the Owner's responsibility for filing docs req'd for the approvals of gov't.
B101; article 3.1 scope of architect basic services;
what is included in the schedule?
- anticipated dates for the commencement of construction
- sates for Substantial completion of the work as set fourth in the Initial information
-allowances for periods of time required required for the Owner;s review, for the performance of the Owner's consultants, and for approval of submissions by the authorities having jurisdiction over the project.
B101; article 3.2: schematic design phase services
3.2.1. arch shall review program, and other info from owner, review laws, codes and regulation applicable to arch services
3.2.2. the arch shall prepare a prelim. evaluation of the owner's program, schedule, budget for the Cost of the Work, project site and proposed procurement or delivery method and other Initial information, to ascertain the req'ments for the project. (arch shall notify the owner of 1. any inconsistencies in the info, and 2. other info or consulting services that many be needed.)
3.2.3.the architect shall resent the preliminary evaluation to the owner and discuss alter approaches to design and construction of the project. the arch shall reach an understanding with the owner regarding the requirements.
3.2.4. based on the agreed upon requirement the arch shall present, for the owner's approval, a preliminary design illustrating the scale and relationship of the project components.
3.2.5. based on the approval of the prelim design, the arch shall prepare schematic design documents for the Owner's approval.this shall include drawings, site plan, and of appropriate prelim plans, sections, and elevations (may include some combination of study models, perspective sketches, or digital modeling). prelim. building systems, and const. materials shall be noted on the dwgs or described in writing.
126.96.36.199 arch shall consider environmentally responsible design alternatives (materiel, orientation etc)
188.8.131.52 arch shall consider the value of alternative materials, systems, and equip't.
3.2.6. arch shall submit to owner an estimate of the Cost of the Work
3.2.7. arch shall submit schematic Design Docs to the owner and request the owner's approval.
B101; article 3.3: design development phase services (3)
3.3.1. after approval of schematic design documents, budget of Cost of the work, and adjusted Project requirements, the arch shall prepare Design Development Docs.
3.3.2. The Architect shall update the estimate of the Cost of Work
3.3.3. The arch shall submit the Design Development Docs to the Owner, advises the Owner of any adjustments to the estimate of the Cost of the Work, and request Owner's approval
B101; article 3.3: design development phase services
what is included in the Design Development Docs?
- shall illustrate and describe the development of the approved Schematic Design
- shall consist of dwgs. and other documents
- including plans, section, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements.
B101; article 3.4: construction Documents Phase Services phase (5)
3.4.1. after approval of design development documents, budget of Cost of the work, and adjusted Project requirements, the arch shall prepare Construction Docs.
3.4.2. the arch shall incorporate into the construction docs the design requirements of gov't authorities having jurisdiction
3.4.3. during the development of the Const. Docs the arch shall assist the owner in preparation of;
1. bidding and procurement information that describes the time, place and conditions of bidding, including bidding and proposal forms
2.the form of agreement between the Owner and Contractor.
3. the condition of the contract for construction (gen. supp, and other conditions)
3.4.4. The arch shall update the estimate for the Cost of the Work
3.4.5. The arch shall submit Construction Docs to the Owner, advise the owner of any adjustment to the estimate of the cost of the work, take any action under Section 6.5 and request the Owner's approval. the arch shall compile a project manual
B101; article 3.4: construction Documents Phase Services phase;
what should the project manual include
- article 3, section 3.4.3 states
that the project manual includes the Condition of the Contract for Construction and Specifications and may include bidding requirements and sample forms
Project manual include
(4) big headings
Invitation to bid
Instructions to Bidders
supplementary instruction to bidders
Information available to bidders
Condition of the Contract
what included in "bidding Documents"
Conditions of the Contract
what is included in Contract Documents?
Conditions of the Contract
Is Diffing Requirements considered Contract Documents?
what is "instructions to bidders"?
Important detailed information is included in these instructions. If you are not bidding as the General Contractor, you will still be held to the definitions, interpretations, rules and procedures that are enumerated in this section of the project manual. Special attention should be given to the formalities of date, time and place of the bid opening.
what is bid forms
A form, furnished to the bidder, on which to submit his bid.
The organization accepting the bids will expect you to use the forms they put into the spec book. This makes the task of opening and recording bids easier and fairer to the owner as well as all those submitting bids. If you are a subcontractor
what is "Information available to bidders?"
This section has instructions on how to get extra information that you may need or find useful. Environmental research that you either could not obtain on your own or would be too expensive to obtain on your own is an example of the type of information that is available to bidders from the owner or architect. Reports on core sampling would have important information to anyone doing in-the-ground work.
B101; article 3.5: Bidding or Negotiation Phase services; general (4)
the arch shall assist the owner in establishing s a list of prospective contractors.
follow in the owner's approval of the Construction Docs, the arch shall assist in
1. obtaining either competitive bids or negotiated proposals
2. confirming responsiveness of bids or proposals
3. determining the successful bid or proposal, if any
4. awarding and preparing contracts for construction
B101; article 3.5: Bidding or Negotiation Phase services; Competitive Bidding (3)
184.108.40.206. bidding docs shall consist of bidding requirements and proposed contract documents.
220.127.116.11. the arch shall assist the owner in bidding the project by: (answer on other card)
18.104.22.168. the Arch shall consider requests for substitutions, if the bidding documents permit substitutions, and shall prepare and disbute addenda identifying approved substitutions to all prospective bidders.
B101; article 3.5: Bidding or Negotiation Phase services; Competitive Bidding
how shall the arch assist the owner in bidding the project? (5)
1. procuring the reproduction of bidding Docs for distribution to prospective bidders
2. distributing the Bidding Docs to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders.
3. organizing and conducting a pre-bid conference for the bidders
4. preparing responses to questions from prospective bidders and providing clarification and interpretations of the bidding docs to all the prospective bidder in the form of addenda
5.organizing and conducting the opening of the bids and subsequently documenting and distributing the bidding results, as directed by the owner
what is bidding docs?
what is included? (6)
Before you issue for construction, you'll usually issue a set of documents for bidding only. This is to help the owner award the contracts to the lowest responsible bidder. That's why the bidding documents include basically everything before contract is awarded and construction is started.
Conditions of Contract
B101; article 3.5: Bidding or Negotiation Phase services; Negotiated Proposals (3)
22.214.171.124. proposal docs shall consist of proposal requirements and proposed Contract docs
126.96.36.199. The arch shall assist the owner in obtaining proposals by; (answer on another card.
188.8.131.52. the arch shall consider requests for substitutions, if permitted, and prepare and distribute addenda identifying approved substitutions to all prospective contractors.
B101; article 3.5: Bidding or Negotiation Phase services; Negotiated Proposals (3)
how shall the arch assist in obtaining proposals (3)
1. procuring the reproduction of Proposal Docs for distribution to contracts, and requesting their return upon completion of the bidding process
2. organizing and participating in selection interviews with contractors,
3. participating in negotiation with contractor, and preparing a summary report of the negotiations results, as directed by the owner
B101; article 3.6: Construction Phase services; General (3)
1. the arch shall provide administration of the contract b/t the owner and contractor. if they make modification it shall not effect the arch's services, unless the B101 is amended
2. The arch shall advise and consult w/ the owner during construction phase. the arch shall have authority to act on behalf of the Owner. the arch shall have no control over the const. mean, method, techniques, sequences or procedures, or safety precautions and programs in connection with the Work. the arch shall not be responsible for the Contractor's failure to preform the work. the arch is responsible for the arch negligent acts or omissions, but shall but have control over, or responsible for the contractor's acts or omissions.
3. the arch responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the architect issues the final Certificate for Payment
when does the architect's responsibility to provide construction phase services begin and end
In B101 it states that
the arch responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the architect issues the final Certificate for Payment
B101; article 3.6: Construction Phase services; Evaluations of the Work (5)
1. the arch shall visit the site at intervals appropriate to the stage of construction, or otherwise required to become familiar with the progress and quality of the portion of work completed (not required to make exhaustive or continuous on-site inspections to check quality).
2. the arch has the authority to reject Work that does not conform to the Contract Documents. and can require inspection or testing of the work. (does not give a duty or responsibility of the architect to the contractor.
3. the arch shall interpret and decide matters concerning performance under and requirement of the contract documents on written request of either the owner or Contractor. Arch response must be in writing.
4. interpretations and decisions of the arch shall be consistent with the intent of and reasonably inferable from the contract docs and shall be in writing or in the form of drawings . arch is not liable for results of interpretations or decisions. arch shall not show partiality to either owner or contractor
5. The arch is the initial Decision Maker, unless A201 is modified
what should the arch report to the owner after site visits
1. progress an quality of the portion of the work completed
2. know deviations form the Contract Documents, and from the most recent construction schedule submitted by the contractor
3. defects and deficiencies observed in the work
B101; article 3.6.3: certificates for payment to contractor (3)
1. the arch shall review and certify amounts due to contractor and issue certificates in such amount. the certification shall constitute a representation to the owner that the work is good and on schedule.
2. the issued of a certificate for payment shall not be a representation of; (answered on other card)
3. the arch shall maintain a record of the applications and certificates for payment
The Certificates for payment to the contractor are subject to what (4)?
1. an evaluation of the work for conformance with the contract docs.
2. result of subsequent test and inspections
3. to correction of minor deviations from the contract docs prior to completion
4. to specific qualifications express by the arch
an issuance of a Certificate for payment shall not be a representation that the architect has what (4)?
1. made exhaustive or continuous on-site inspections to check the quality or quantity of the Work
2. reviewed const, means methods techniques, sequences or procedures
3. reviewed copies of requisition received from subcontractors and material suppliers requested by the owner to substantiate the contract's right to payment
4. ascertained how or for what purpose the Contractor has used money previously paid on account of the contract sum.
B101; article 3.6.4: submittals (5)
1. the arch shall review the contractor's submittal schedule and not unreasonably delay or withhold approval. the arch action in reviewing submittals shall be taken in accordance with the approved submittal schedule, or with reasonable promptness
2. the architect shall review and approve or take other appropriate action upon the contractor's submittals such as shop dwgs, product data and samples
3. if the contract docs specifically require the contractor to provide professional design services or certifications to related systems, materials or equipment the arch shall specify the appropriate performance and design criteria that service must satisfy
4. the arch shall review and respond to requests for information. should be made in writing
5. the arch shall maintain a record of submittals and copies of submittals
B101; article 3.6.5: Changes in the Work (2)
1. arch can make minor changes in the work that do not involve an adjustment in the contract sum or an extension of the contract time.
2. the arch shall maintain record relative to the changes in the work
B101; article 3.6.6: project Completion (5)
1.the arch shall conduct inspection to determine the date of substantial completion and the date of final completion.
2. the inspection shall be conducted with the owner to check conformance of the work with the requirement of the contract docs, and verify the accuracy and completeness of the list submitted by the contractor.
3. when the work in complete the arch shall inform the owner about the balance of the contract sum remaining to be paid.
4. The Arch shall forward the information ( answer on another card)
5. upon the request of the owner, and prior to the expiration of one year from the date of substantial completion, the arch shall without additional compensation, conduct a meeting with the owner to review the facility operations and performance
unless otherwise specified when does the arch make inspection?
the arch makes only two inspection- one to determine the date of substantial completion,
and one to determine the date of final completion of the project
what shall the arch forward to the owner, after receiving from contractor, regarding project completion? ( 3)
1. consent of surety or sureties, if any, to reduction in or partial release or retainage or the making of final payment
2. affidavits, receipts, releases and waiver of liens or bond indemnifying the owner against liens,
3, any other documentation required of the contractor under the contract documents.
B101; article 4: Additional Services (7)
1. additional Services are not included in Basic Services. The arch shall provide only if specifically designated
2. Insert a description of each additional service
3. addition services may be provided after execution of the agreement, without invalidating the Agreement. except for service required due to the fault of the arch.
3.1. upon recognizing the need to preform the following add' svcs' the arch shall notify the owner with reasonable promptness and explain. the arch shall not proceed to provide the following services until the arch receives the owner's written approval (answer on other card)
3.2. to avoid delay, the arch shall provide the following add' svcs' then notify the owner with promptness, and explain.
3.3. the arch shall provide Construction phase services exceeding the limits set fourth (answer on other card)
7. if the completion of the project is delayed beyond the time frame anticipated when the agreement was signed, this provision requires the arch's compensation to e adjusted.
what are some additional services? (28)
2. multiple preliminary designs
4.existing facilities surveys
5. building information modeling
6. civil engineering
7. landscape design
8. Architectural interior design
9. value analysis
10. Detailed cost estimating
11. on-site project representation
12. conformed construction docs
13. as-designed record drawings
14. as-constructed record drawings
15. post occupancy evaluation
16. Facility Support services
17. tenant-related services
18. Coordination of Owner's consultants
19. telecommunications/ data design
20. security evaluation and planning
22. extensive environmentally responsible design
23. LEED Certification
24 Fast-track design services
25. Historic Preservation
26. Furniture, Furnishings, and equipment Design
what additional services can the arch preform w/out first getting permission from the owner? to avoid delay (6)
1. reviewing a contractor's submittal out of sequence from the submittal schedule
2. responding to the contractor;s requests for information that are not prepared in accordance with the contract docs
3. preparing change orders and construction change directives that require evaluation of Contractor;s proposals and supporting data
4. evaluating an extensive number of claims as the initial Decision Maker
5. Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions
6. providing Construction phase services 60 days after the date of substantial completion of the work or 60 days after the anticipated date of substantial completion identified in Initial information, whichever is earlier.
what additional services can't the arch preform w/out first getting permission from the owner? to avoid delay (9)
1. services necessitated by a change in the initial information, previous instruction or approvals given by the owner, or a material change in the project
2. Service necessitated by the Owner's request for extensive environmentally responsible design alternatives
3. changing or editing previously prepared Instrument of service necessitated by the enactment or revision of codes, law or regulations
4. services necessitated by decision of the owner not rendered in a timely manner or other failure of performance on the part of the owner
5. preparation of design and documentation for alternate bid or proposal requests proposed by the owner
6. preparing digital data for transmission to the owner's consultants and contractors
7. evaluation of the qualifications of bidder or persons providing proposals
8. consultation concerning replacement of Work resulting from fire or other cause during construction.
9. assistance to the Initial Decision Maker, if other than the Arch
what is an "instrument of Service"
The AIA A201-2007 General Conditions document defines the various forms of work product prepared by the architect as "Instruments of Service." "Instruments of Service" are defined as "representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements." This broad definition likely covers any work product prepared by the architect.
what are the limits set forth as additional services
1. # of review of each Shop Drawing, Product data, sample, and similar submittal
2. # of visits to the site by the arch over the duration of the project during construction
3. # of inspections for any portion of the Work to determine whether such portion of the Work is substantially complete
4. # of inspection for any portion of the work to determine final completion
B101; article 5: Owner's Responsibilities (12)
1. owner shall provide information in timely manner, regarding req's for and limitations on the project, including a written program (answer on another card). 15 after written request from arch, the owner shall give the requested information.
2. owner shall establish and periodically update the owner's budget; (includes 1. Cost of the Work. owner's other cost, and 3. reasonable contingencies related to all of these costs). if owner significantly increase or decreases the owner must notify the arch.
3.the owner shall identify a rep authorized to act on the Owner's behalf. the owner shall render decision and approve the arch submittal in timely manner,
4. the owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the project, and a written legal description of the site.
5. the owner shall furnish services of geotechnical engineers
6. the owner shall coordinate the services of its own consultants w/ those services provided by the arch. upon arch request, the owner shall give copies of the scope of services in the contracts b/t the owner and the owner's consultants
7. the owner shall furnish tests, inspections and reports required by law or the contract doc. such as structural, mech., and chem. tests, tests for air and water pollution, and tests for hazardous materials
8. the owner shall furnish all legal, insurance and accounting services, including auditing services, that may be necessary at any time for the Project
9. The owner shall provide prompt written notice to the arch if the owner becomes aware of any faults or defect in the Project, including error, omissions, or inconsistencies in the arch's Instruments of services
10. owner should only communicate with the arch's consultants thru the arch. the owner shall notify the arch if any direct communications were made
11. before executing the contract for construction,. the owner shall coordinate the arch's duties and responsibilities set forth in the contract for construction w/ the arch's services set forth in B101 agreement. the owner must give a copy of the agreement b/t the owner and contractor, and general conditions of the contract for construction
12. the owner shall provide the arch access to the project site prior to commencement of the Work, and obligate the contractor to provide the arch access to the work.
what is included in the owner's written program, under the owner's responsibility? (8)
- owner's objectives
- constraints and criteria
- space requirements and relationships
- special equipment
- systems and site requirments
what shall the legal and surveys information include, under the owner's responsibility? (13)
- grades and lines of streets, alleys, pavements and adjoining property and structures
- designated wetlands
- adjacent drainage
- deed restrictions
- boundaries and contours of the site
- locations, dimensions and necessary data w/ respect to existing buildings
- other improvements and trees
- and info concerning available utility services and lines.
what is included in the services of a geotechnical engineer, under the owner's responsibility? (8)
- may include, but not limited to:
- test borings,
- test pits,
- determinations of soil bearing values,
- percolation tests,
- evaluations of hazardous materials,
- seismic evaluation,
- ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, w/ written reports and appropriate recommendations
what is a "test pit"
A test pit allows the inspector
to test and examine the soil and soil layers and
will help determine if it is appropriate to proceed
with construction. This process is often referred
to as a "site evaluation."
B101; article 6: Cost of the Work (7)
1.cost of work= defined
2. the arch cannot and does not warrant or represent that bids or negotiated prices will not vary from the owner's budget for the Cost of the Work or from any estimate prepared by the arch
3. in preparing estimates, the arch shall be permitted to include these contingencies (answer on another card.) and the arch's estimate shall be based on current area, volume or similar conceptual estimating techniques.
what is the included in the "cost of the Work" ?(2)
what is not included? (3)
cost of work= defined total cost to the owner to construct all elements of the project designed or specified by the arch and shall include;
- contractor's general conditions costs, overhead and profit.
the cost of work does not include;
- compensation for the arch,
- the costs of the land
- rights-of-way financing, contingencies for changes in the work or other cost that are the responsibility of the owner
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