AIA - Contract Documents

A101

Standard form of agreement between Owner and Contractor where the basis of payment is a stipulated sum.

A201

General Conditions of the contract for construction

One of the purposes of the AIA 201 (General Conditions) is to help define responsibilities between all three (3) parties (Owner, Architect, and Contractor). This is an important document because in a standard bid-build contract the Architect and Contractor are not directly contracted with each other.

A701

Instructions to Bidders

B101

Standard form of agreement between Owner and Architect - the B101 is a one part standard form of agreement between Owner and Architect for building design and construction contract administration. Services are divided traditionally into basic and additional services. Basic services are performed in five (5) phases: Schematic, Design Development, Construction Documents, & Construction Administration. This agreement may be used with variety of compensation methods, including percentage of construction costs and stipulated sum. B101 is intended to be used in conjunction with AIA document A201, General Conditions of the contract for construction, with it incorporates by reference.

B102

Owner and architect agreement without a predefined scope of architect services (to be paired with other standard forms of architects services, as needed, such as B201, B203, B202)AIA document B102 is a standard form of agreement between owner and architect that contains terms and conditions and compensation details. B102 does not include a scope of architect services, which must be inserted in article 1 or attached as an exhibit. The separation of the scope of services from the owner/architect agreement allows users to freedom to apprehend alternative scopes of services.

B201

Standard form of architect services: design and construction contract administration (to be paired with B102)B201 defines the architects traditional scope of services for design and construction contract administration and a standard form that the owner and architect can modify to suit the needs of the project. The service set forth in B101: the traditional division of services and a basic an additional services, with five phases of basic services.B201 maybe used into ways:

1. Incorporated into the owner/architect agreement as the architect so scope of services or

2. Attached to G802: amendment to the professional services agreement, to modify an existing owner/architect agreement.

This is not a standalone owner architect agreement

B202

Standard form of architect services: programming

Establish his duties and responsibilities were the architect provides the owner with programming services.

B203

Standard form of architect services: site evaluation and planning

Is intended for use where the architect provides the owner with services to assist in site selection for a project.

C401

Standard Form of Agreement Between Architect and Consultant - providing services to the Architect.

This for is suitable for use with all types of consultants including consulting architects. This document may be used with a variety of compensation methods. It assumes and incorporates by reference a pre-existing B101 agreements

A305

Contractor's Qualification Statement

G701

Change Order

G702

Application & Certificate for Payment

G703

Continuation Sheet

G704

Certificate for Substantial Completion

Unit prices could be based on:

Cost per square foot

Cost per unit such as per hospital bed

Comparable buildings that are similar in function, or located in the same region

Historical data from somewhere projects the architect has previously done

Cost estimating for different phases of the project

Pre-planning/proposal phase: use general unit cost

Programming: based on a unit cost system, such as cost per square foot using similar building types as guides

Schematic design phase: based pricing on the major elements, such as structural system selected in the mechanical, electrical, and plumbing system is used

Design development phase: detailed pricing based on the actual components being considered, including windows, curtainwalls, finishes and equipment

Construction documents please complete and final pricing of the project fully and completely based on direct quotes from suppliers, installers, subcontractors and manufacturers

Contract documents include:

1. Contract forms

A. Owner contractor agreement A101

B. Performance and payment bond A312

C. Certificate of insurance G715

2. Conditions of the contract

A. General conditions A201

B. Supplementary conditions A511

C. Special conditions (we needed)

D. Other conditions

3. Architectural and consultant drawings

4. Project manual, including the specifications

5. Addenda (including any issue before execution of the A101, all the way through any process)

6. Modifications of the contract (if necessary, and issued after execution of the A101)

A. Architect's supplemental instructions

B. Change orders

C. Construction change directive

Note: unless specified in the owner contract or agreement, contract documents on that without any documents related to the bidding documents

What is the cost of the work?

The total cost to the owner to construct all of the elements of the project designed by the architect and includes contractors cost, overhead and profit.

Bidding documents typically include?

1. Bidding requirements (invitation, instructions, supplemental instructions, pre-bid conference, bid forms, and sample forms)

2. Contract forms (A201- gen. Conditions of contract for construction, performance bond, payment bond, certificate of insurance)

3. Conditions of the contract (general, supplementary, and special conditions)

4. Construction drawings

5. Specifications

6. Addenda

When does architects CA services phase begin?

The award of the contract for construction - when owner and contractor sign A101 agreement

By submitting a bid, they implicitly stating that they...

Understand the bidding requirements, visited the project site, are familiar with local conditions, are basing their bid on the information provided in the bidding documents.

If their are discrepancies between the numbers and the words of a bid what takes precedent?

The Words

If contractor makes a mistake in their bid that either have to...

Absorb the additional cost or refuse to sign the contract

Substitutions

Common when using proprietary close specification

If a bidder wants to propose a substitution, it must meet the standards of quality and care

A bidder is required to submit a request for approval at least 10 days prior to the bid opening date

Substitutions need to be approved by the architect and the owner

To show substitutions in their bid, the contractor will typically listed as an alternate (shows the price for the substitution and allows the owner to make a choice)

Possible architects additional services (according to B101)

Preparation of as-built drawings

Does the architect have the authority to stop the work?

No. Only the owner, the contractor (if not paid), and the local building official have the authority

Architects supplemental instructions

G710 - is the tool the architect uses to interpret and clarify questions received from the contractor. This document is only used for minor changes in the work that do not affect cost or time and only requires the architect signature

A201 article 9: payments and completion

9.3 at least 10 days before the established date for each progress payment, the contractor completes and submits AIA G702 application and certificate for payment to the architect.

9.4 the architect within 7 days after receipt of the contractors application for payment, shall either issue to the owner a certificate for payment, or notify contractor and owner in writing of the architects reasons for withholding certification.

9.5 if work on application does not match work in field, the architect will discuss with contractor, if agreement cannot be reached, the architect will issue the application to the owner at the amount the architect believes to be accurate

.9.8 certificate for substantial completion (G702) established release of retainage and sets the clock for statue of limitations beginning

9.9 owner may occupy portions of the work if consented to by the surety and authorized by the public AHJ (building official) over the project.

Mediation

Required per B101 if can't resolve with IDMNON-binding dispute resolutionBoth parties share expenses of the mediation

Post occupancy evaluation (POE)

Consists of observing the complete project, interviewing occupants and measuring use in certain spaces after it's been occupied for some time. Involved gathering feedback from occupants and have expanded to include sustainability measures. Typically performed 6 months to a year after project completion, and is considered an additional service.

According to A201, the Contractor is required to purchase what kind of insurance? Choose all that apply:

A Loss of use Insurance

B Liability Insur. to the Owner

C Property Insurance

D Boiler and Machinery Insurance

E Liability Insurance

B

The Contractor is Required to purchase their own Liability Insurance.

A311

Performance Bond and Labor and Material Payment Bond

G707

Consent of surety to final payment

The contractor is required by the city to have a portable toilet on site. Where would this requirement be found in the contract documents?

A Supplementary Conditions

B Specification Division 00

C Specification Division 01

D Specification Division 02

E Owner-Contractor Agreement

C: Specification Division 01.

(011520 Construction Facilities - Sanitary Facilities)

The contractor is entitled to payment of the entire contract sum upon__________________.

A Substantial Completion

B 50% Completion

C Final Completion

D The final shop drawings app.

C: Final Completion

According to the A101 Owner-Contract agreement,5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when.

1) The Contractor has fully performed the Contract except for the Contractor's responsibility to correct.

2) A final Certificate for Payment has been issued by the Architect. Work as provided in Section 12.2.2 of AIA Document A201-2007, and to satisfy other requirements, if any, which extend beyond final payment.

A final certificate for payment is only issued by an Architect after a project is fully completed.

The Contractor may terminate the Contract if the Work is stopped for a period of __ or __ consecutive days depending on circumstance.

A: 30 or 60

According to Section 14.1.1 of the A201,The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days.

According to A201 Section 14.1.4,If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing portions of the Work under contract with the Contractor because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3.

AIA document A305, Contractor's qualification statement, includes a ____________.

A List of proposed consultants

B List of subcontractors

C Financial statement

D List of proposed material suppliers

C: Financial Statement

Which of the following must the Contractor do before the Owner is required to issue final payment? Select all that apply.

A. Obtain consent from the surety for final payment, if required.

B. Submit to the Architect an affidavit that payrolls, bills for materials and equipment have been paid.

C. If required by Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens.

D. Record drawings.

A: a, b, & c

According to the A201,§ 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner, (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment and (5), if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner.

Architecture licenses are granted by whom?

- NCARB

- The Federal Government

- NAAB

- State Registration Boards

A: State Registration

While NCARB administers the exams and the intern development program to assess competency, licensing is granted by state registration boards.

The Architect's consultant sends the Architect a request for information that requires input from the Owner. After the Architect has received the information from the Owner, how many days does the Architect have to furnish that information to the Consultant?

A: 7 days

According to the C401 Section 5.1:

...within seven days of the receipt of such furnish the information from the Owner, the Architect shall furnish the information to the Consultant.

An Owner wishes to terminate the Architect. What is true about the Owner's right to do so? Select all that apply.

a. The Owner is required to give the Architect 7-days prior written notice of termination

b. The Owner may terminate at any time for convenience.

c. The Owner may only terminate if the Architect has failed to perform in accordance with their of care

d. In the event that the Owner terminates, they are required pay the Architect for all services rendered by the Architect up to that point

A: a, b, & d

According to B101,

§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause.

§ 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7.

§ 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect.

On the job site, the Contractor uncovers conditions that differ from the contract documents. How long does the Contractor have to provide notice to the Owner and Architect?

A. 7 days

B. 14 days

C. 21 days

D. 30 days

A: 21 days

According to the A201,

3.7.4. ... the Contractor shall promptly provide notice to the Owner and Architect before conditions are disturbed and in no event later than 21 days after first observance of the conditions...

Architectural Additional Services

Services rendered from change orders and construction change directives required due to issues arising beyond the control of the Architect.

Architect Basic Services

1) Preliminary Cost Estimates

2) Assisting the owner in preparation of bidding forms and owner-contractor agreements

3) Administering the construction contract.

The Contractor wishes to terminate their agreement with the Owner. According to the A201, what is true about termination? Select all that apply.

A. The Contractor may terminate at any time for convenience

B. The Contractor may terminate if the Work is stopped for 14 days at no fault of the Contractor or Subcontractor

C. The Contractor may terminate if the Owner delays or interrupts the Work more than 100% of the total days schedules for completion

D. The Contractor may terminate if an Architect has not issued a Certificate for Payment within the required timeline and has not provided information or evidence as to why

C and D Section 14.1 Termination By the Contractor of the A201 outlines the Contractor's grounds for termination.

-The Contractor may NOT terminate any time for convenience. There are specifics that are outlined in the contractor. Only the Owner has that right.

-The Contractor may terminate the contract if the work has stopped for 30 days at no fault of the Contractor or Sub. Not 14 days.

-The Contractor may terminate if the Owner delays or interrupts the Work more than 100% of the total days schedules for completion

-The Contractor may terminate if an Architect has not issued a Certificate for Payment within the required timeline and has not provided information or evidence as to why.

The Contractor is frustrated with all of the changes the Owner is making during construction. What actions is the contractor permitted to take without significant ramifications?

A. The Contractor may walk off the job

B. The Contractor can request the Architect to issue change orders for additional time and compensation

C. The Contractor can issue change orders for additional time and compensation

D. The Contractor may hire another contractor to complete the job

B & D

When an Owner makes frequent changes during construction, change orders are a great way to make sure there's still adequate time and money for the Contractor. Change orders are typically issued by the Architect through the AIA G701 and signed by the Contractor, Owner and Architect.

A Contractor may hire another Contractor to complete the job, but they would essentially be an additional subcontractor to the original contractor. The original Contractor who has the contract with the Owner, is still the point person, and assumes the responsibility of the project.

There are significant ramifications if a Contractor just walks off the job.

After the construction contract has been awarded, the contractor should prepare what for the architect's review?

A. A list of materials

B. A request for payment

C. A schedule of construction

D. A construction permit

C: Schedule of construction

An architect needs to be privy to the schedule in order to help make sure things are moving along according to schedule. The schedule also helps the architect in issuing certificates of payment by knowing what should have or wasn't completed. Thus, the schedule is an important item for the architect to receive from the contractor.

During the bidding process, one of the Contractors has a question about the contract documents. How many days prior to the receipt of bids is the Contractor permitted to ask questions?

According to the A701,

§ 3.2.2 Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids.

Who signs the A201?

No one - it is just the background info

In B101, there is a place for additional services. Which of the following might you find in that list? Choose 3

A. Landscape Design

B. Coordination with engineers

C. Interior Design

D. Reviewing Payouts

E. Marketing Materials

F. Design/Build Services

Black Spectacles: a, c, & e.

What factors affect cost?

Select all that apply:

A. Location

B. Complexity

C. Construction schedule

D. Bidding environment

A: All the above

Shop drawings for residential windows have been prepared by the manufacturer, checked by the local distributor, and reviewed and approved by the Contractor and Architect. During installation, it is discovered that the quantity of windows as indicated on the shop drawings is one less than that shown on the contract documents. Who is responsible for the discrepancy?

A. Manufacturer

B. Architect

C. Contractor

D. Owner

C: Contractor

It is that Contractor's responsibility to review shop drawings prior to issuing them to the Architect to ensure that the drawings align with the contract documents.

The manufacturer should not have missed one of the windows if they're shown on the drawings, but the contractor is still responsible for verifying that the shop drawings are correct.

If part of the 3rd floor fails and you need to stop work for the area that is next to it while you investigate to find out if it was a design problem, or built wrong. The contractor only gives you so many days without threatening to sue you. And you have to go past that date, what should you do? Or who will be responsible for the extra cost? Do you brief the owner about the added expense that he will incur?

The architect in a timely manner will visit the site and issue memo of observations

Know the difference between the General Requirements and the General conditions. What is in which one.

General conditions-describes contractual requirements. "Defines the work"General requirements - describes administrative procedures. "Defines means of discharging the work". It is part of CSI.

The building inspector requests a test on the steel because something didn't look right. But when the test came back, every thing was fine. Who absorbs the cost of the test?

Owner - because everything came out fine

Cost of construction, what does that include?

Includes cost of building (money required to construct building, cladding, finishes, mech., electricaletc) + site development.

If material is purchased later because there wasn't room on site and the price goes up substantially, who picks up the cost?

Contractor

What the owner is responsible for providing to the contractor?

1) Primary responsibility, to "PAY" the contractor.Further submit proof of financial arrangements for project, on request by owner.

2) Furnish Site information, survey's and geotechnical reports.

3) Provide contractor with drawings and spec free of charge.

Mechanic liens

Claim filed by a party on property by another party for debts. Generally, when contractor does not pay the sub-contractors and dealers.

Pay attention to permits & fees (who pays and who is responsible for obtaining)

The contractor pays for building permit, the cost of which is added to the contract price.Owner pays for fees before the contract is awarded. Like land -use permit

What items are read out loud at a bid opening?

The name of the contractor, the base bid and the price of the alternates.

What is stipulated, cost plus, GMP?

Handbook's definitions

A stipulated sum: contract in which a specific amount is set forth as the total payment for performance of the contract. Also called a lump sum agreement.

A cost plus fee agreement: an agreement under which the contractor (in an agreement between owner and contractor) or the architect ( in an agreement between owner and architect) is reimbursed for stipulated direct or indirect costs of performance of the agreement and, in addition is paid a fee for services.

GMP (Guaranteed Maximum Price): a sum established in an agreement between owner and contractor as the maximum compensation to be paid by the owner to the contractor for performing specified work on the basis of the cost of labor and materials plus overhead expenses and profit.

Who pays for material test, or uncovering work already performed?

The owner if no defect is found underneath, the contractor is defect is found.

Who pays for certificate of occupancy?

This document is issued by the governing authority and it states that the building complies with applicable laws. We don't pay for it.It is included in the permit fees that the contractor pays.

Three important indices affecting project delivery are:

A. Quality, Time, Magnitude

B. Extent, Time, Cost

C. Contract Type, Quality, Quantity

D. Cost, Quality, Time

B. Extent, Time, Cost

The AIA has three phases described for the process of design. The Project Delivery Practice Guide and the slides describe two. These are:

A. Preliminary Design and Final Design

B. Conceptual Design and Design Development

C. Design Development and Construction Documents

D. Schematic Design and Design Development

D. Schematic Design and Design Development

If 2 million dollars are spent building a facility, the GSA states that 3 times that amount will be spent maintaining it?

True or False

True

The Project Manual will use:

A. Master Format

B. Unit Format

C. Section Format

D. Standard Format

E. A and C

E. A and C

The difference between a Proposal and a Bid is that a proposal implies the opportunity for more consideration than a Bid does.

True or False

True

Instructions for Procurement are:

A. Requirements with which bidders must comply before and during submission of bids

B. Frequently use forms prepared and published by professional associations

C. All of the above

C. All of the above

Types of Bonds include all of the following EXCEPT:

A. Performance and Payment Bonds

B. Lien Bond

C. Submittal Bond

D. Maintenance Bond

E. Retainage Bond

F. Special Bond

C. Submittal Bond

Contractors have a responsibility to correct defective work for a period of one year only.

True or False

False

Builder's risk insurance protects:

A. The Owner

B. The Contractor

C. Both

C. Both

Design Build pricing is:

A. Estimated early in the design stage

B. Confirmed with bids or negotiation later

C. Both of the above

C. Both of the above

Unit pricing is a typical pricing method for civil work.

True or False

True

Design Build (competitive bids) is often procured using a Stipulated or Lump Sum pricing method.

True or False

True

Substantial advantages are all of the following EXCEPT:

A. A way of stimulating competition

B. Save time during bid

C. Potential cost savings

D. All bidders benefit from substitutions

E. Save time developing specifications

B. Save time during bid

All of the following are true about "Proposed Substitutions" EXCEPT:

A. Are not allowed at all

B. May increase bid evaluation time

C. Allow substitutions prior to the bid only

D. Allow the bidders to propose substitutions on the bid form

D. Allow the bidders to propose substitutions on the bid form

Addenda are allowed up to, but stop after the bid opening in:

A. EJCDC Contracts

B. AIA Contracts

C. DBIA Contracts

D. All of the above

D. All of the above

Who reviews submittals?

A. Contractor

B. Architect/Engineer

C. Architect/Engineer AND Contractor

D. Owner OR Contractor

C. Architect/Engineer AND Contractor

A/E's communications are limited to Contractor's designated representatives so Contractor can maintain control over project.

True or False

True

In the AIA A 201 the Contractor does not have a formal communication link with the Owner.

True or False

True

Minor changes not affecting Contract Sum or Time are recorded with all of the following forms EXCEPT:

A. Architect's Supplemental Instructions (ASI)

B. Construction Change Directives (CCD)

C. Field Orders

D. written interpretation or clarification

B

Periodic site observations by the Architect during construction are to:

A. Consult and advise Owner and act as Owner's representative

B. Inform Owner of deviations, defects, or deficiencies from Contract Documents observed in the work.

C. Reject defective work

D. All of the above

The initiation of contract time is typically:

A. At the bid opening

B. At the first meeting

C. AT signing of the general conditions

D. At the Notice to Proceed

D

The completion of contract time is typically

A. Certificate of Final Completion

B. At receipt of the O&M Manuals

C. Submittal of final pay applicationd. Receipt of Certificate of Occupancy

A

Quality is:

A. Controlled by the Architect/Engineer

B. Controlled by the Architect/Engineer, assured by the Contractor

C. Assured by the Architect/Engineer, controlled by the Contractor

D. Controlled and assured by all parties of the contracts

C

Quality Assurance example:

A. Comparing to an acceptable standard

B. Determining acceptable range of deviation

C. Checking against contract requirements

D. Submitting Product Quality Criteria

D

All of the following are payment types discussed EXCEPT:

A. Progress Payments

B. Provisional Payments

C. Single Payment

D. Draft Payment

D

Prior to expiration of the correction period, the Facility Manager should review:

A. Status of facility with users

B. Correction issues with Owner

C. Status of potential Contractor liens

There are two basic types of commissioning. These are:

A. Utility and Building Commissioning

B. Whole Building and Subsystem Commissioning

C. System and Total Project Commissioning

C

The Owner, Contractor and A/E are parties to construction agreements.

True or False

False

In the AIA documents, "The Agreement":

A. Defines the relationship of the Owner, A/E, and Contractor

B. Is the one instrument of the contract documents that binds the signing parties to the work

C. Constitutes the legal portion of the specifications

D. None of the above

E. All of the above

B

An, "Alternate":

A. Is the same as an option in the specifications

B. Is used for the same purpose as unit prices

C. Should be described in Division 01 and specified in the appropriate specification sections

D. Should be described in detail on the bid form

E. None of the above

F. All of the above

C

Procurement Documents include:

A. Procurement requirements, which include solicitation, instruction for procurement, available information, procurement forms and supplements

B. Contracting requirements, which include the agreement, performance bond, payment bond and certificates

C. Conditions of the contract, which include the general and supplementary conditions

D. Specifications

E. All of the above

The Contractor is not required to have a program for project site safety and to protect stored materials.

True or False

False

The Contractor shall not contract nor be required to contract with any Subcontractor against whom reasonable objection has been made by:

A. Owner

B. A/E

C. Contractor

D. All of the above

D: All of the above

Who is responsible for evaluating claims:

A. Owner

B. A/E's error and omissions insurer

C. A/E

D. Arbitrator

C: A/E

The Owner may order additions or deletions in the work without invalidating the contract.

True or False

True

Alternate: A defined portion of the work that is priced separately, which the Contractor may choose to add to the project.

True or False

False