9-Bidding & Contract Negotiations Flashcards

1
Q

What are the advantages of traditional Design-Bid-Build project delivery?*

A) Contractor expertise, construction costs, sequential tendering
B) Competitive tendering, lowest risk factor, most complete design resolution
C) Costs based on quantity, suitable when time is more important than cost, suitable where extraordinary quality is required
D) Single point of responsibility, suitable when faster results are needed

A

B) Competitive tendering, lowest risk factor, most complete design resolution

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2
Q

True or False? A letter of intent is legally binding?

A

False. A letter of Acceptance is legally Bidding. A letter of Intent can be misleading and have no real intent, they should be avoided in favor of Letter of Acceptance

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3
Q

Which one of the following is not a disadvantage of Design-Bid-Build?

a) Lowest bidder is not always the most qualifies
b) Client may expect the price to be the tendered one, without including contingencies
c) Change orders and delays can occur from too-low bidders
d) Contractor is unknown at the design phase
e) Limited info about construction costs and constructability because of separation between design/architect and construction/constructor

A

c) Change orders and delays can occur from too-low bidders
It is a disadvantage for a project delivery with CM.

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4
Q

True or false? As the project progress, a CM automatically becomes a GC?

A

False. GC can be different firm that CM

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5
Q

What contract are use in a design-bid-build project delivery?

A

RAIC Doc 6
CCDC 2
CCDC3 - Cost Plus Contract if required
CCDC 4 - Unit Price if required

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6
Q

What contract are used for a project delivery using a Construction Manager?

A

CCDC 5A - CM contract for services
CCDC 5B - CM contract for services and work

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7
Q

What are the advantages of Construction Manager project delivery?

A) Contractor expertise, construction costs monitoring, sequential tendering
B) Competitive tendering, lowest risk factor, most complete design resolution
C) Costs based on quantity, suitable when time is more important than cost, suitable where extraordinary quality is required
D) Single point of responsibility, suitable when faster results are needed

A

A) Contractor expertise, construction costs monitoring, sequential tendering

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8
Q

What are the disadvantages of Construction Manager project delivery?
A) Add cost/time of a consultant and their selection, Owner (as constructor) has the responsibility for construction safety unless transferred to the CM, Contractor is unknown at the design phase
B) Change orders and delays can occur from too-low bidders, Contractor is unknown at the design phase, Construction can start before knowing the final cost
C) Less control over final cost in unstable construction market, Change orders and delays can occur from too-low bidders, Owner (as constructor) has the responsibility for construction safety unless transferred to the CM
D) Less control over final cost in unstable construction market, Change orders and delays can occur from too-low bidders, Contractor is unknown at the design phase

A

C) Less control over final cost in unstable construction market, Change orders and delays can occur from too-low bidders, Owner (as constructor) has the responsibility for construction safety unless transferred to the CM

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9
Q

Which is not a disadvantage of a Design-Bid-Built project delivery?
A) Potential lack of comm. Between arch and owner/users
B) Client may expect the price to be the tendered one, without including contingencies
C) Contractor is unknown at the design phase
D) Lowest bidder is not always the most qualifies
E) Limited info about construction costs and constructability because of separation between design/architect and construction/constructor

A

A) Potential lack of comm. Between arch and owner/users

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10
Q

What are the contract for a Design-Build project delivery?

A

CCDC 14 - Design-Build Stipulated Price Contract
CCDC 15 - Design-Builder/Consultant Contract (subcontract)

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11
Q

True or False? In a Design-Builder project delivery, the architect is not the main designer of the project.

A

True.

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12
Q

What is the contract for Integrated Project Delivery?

A

CCDC 30

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13
Q

Which is not a disadvantage of Integrated Project Delivery?
A) More commitment and efforts in meetings, collaborative work and PM
B) Owner must be fully engage
C) Professional liability insurers may place restrictions on coverage.
D) Negotiation and balancing of interests become important to success
E) Non-collaborative work may result in additional work

A

C) Professional liability insurers may place restrictions on coverage.

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14
Q

What type of project delivery include a real estate function?
What type of real estate functions are possible? (4)
What type of proposal are usually used for this type of project delivery?

A

Turney development.
Real estate function may include:
-Acquisition
-Entitlements
-Construction
-Long-term financing
Design-Builder or developer proposal methods

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15
Q

True or false? The architect is responsible to determined to % of work completed.

A

True.

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16
Q

What is labour and material bond?

A

A labour and material payment bond guarantees that claimants (subcontractors, sub trades and suppliers who have direct contracts with the contractor) will be paid for labour and materials provided to the contractor for use on the project identified in the bond.

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17
Q

What is a performance bond?

A

Indemnify the client up to the amount off the bond in case of bankruptcy of insolvency. Cover the cost of completing the contract and other costs for which surety is liable. 50 to 100% of the cost of the project.

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18
Q

What is a bid bond?

A

if bid is accepted, the contractor will enter into contract with the client. If they don’t, they pay the difference between their cost and the new contractor up to the amount of the bid bond. For smaller project, it is 5-50% of estimated cost of construction, for very large project, 2.5% is appropriate

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19
Q

What notification is the client supposed to send to bidder who failed to win the bid?

A

Letter to Unsuccessful Bidders

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20
Q

What is a bid depository?

A

Facility operated by construction associations to receive and register bid from subcontractors and suppliers then transit these bids to general contractors. Rules to be confirmed with the local bid depository.

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21
Q

What is in a compliant bid?

A

Conform to confidentiality requirements
Include all addenda
Accompanied by the requested bid bond or bid security
Bonding requirements are submitted

Signed or sealed

22
Q

True or false? A bid without requested bid bond or bid security is still compliant if the contractor provide it within a week of bid closure?

A

False, if the bid bond or bid security is missing, the bid is not compliant and shouldn’t be reviewed to begin with

23
Q

What happens if the bids is over budget? (4 possibilities)

A
  1. Increase the budget
  2. Abandon the project
  3. If higher than preset amount in RAIC Doc 6, Architect to re-design at no cost
  4. If lower than preset amount in RAIC Doc 6, Architect negotiate and finds alternate with lowest bidder.
24
Q

What documents are required in a bid package?

A

Instructions to bidders, bidding drawings and specs, contract format, site info, bond requirements

25
Q

What do you find in bidding documents?

A

Addenda, bid documents distribution list, stipulated contract bid form, contractor’s qualification statement.

26
Q

Time is the most important factor in a project, what project delivery do you recommend?

A

Just-in-time: Large projects are broken into small work packages
or
Cost-plus: Contractor is paid for actual cost of a project plus a fee

27
Q

What are these contracts? For what project delivery are they used?
CCDC 2
CCDC 3
CCDC 4
CCDC 5a&b
CCDC 14

CCDC 15

CCDC 30

A

CCDC 2 - Stipulated Price Contract - Design-Bid-Build
CCDC 3 - Cost Plus Contract Design-Bid-Build
CCDC 4 - Unit Price Contract
CCDC 5a - CM Contract for services - CM

CCDC 5b - CM Contract for services and construction

CCDC14 - Design-Build Stipulated Price - Design Build

CCDC 15 - Design services between Design-Builder and Consultant - Design Build
CCDC 30 - Integrated Project Delivery

28
Q

List the 4 main types of project delivery:

A

Design-Bid-Build
Construction Management
Design-Build
Public Private Partnership (p3)

29
Q

List the advantages of a design-bid-build project: (5)

A

common/familiar
clear roles
transparent
design resolution prior to constr.
direct professional relationship w O & A

30
Q

List the disadvantages of a design-bid-build project:

A

no constr. input during design
O see more ‘extras’
GC unknown during design/CDs
Contracts (Public - go to low bid)

31
Q

What are the 2 phases of a Design Build project delivery method.

A

Phase 1 Design Builder (DB) provides design within budget
may be in competition with other DBs
Phase 2 Stip-Price Contract
may include a cost plus fee agreement
savings accrue to owner

32
Q

When & why is the P3 project delivery method used?

A

USE: Very large infrastructure projects

or bundles of smaller projects of the same type

WHY: Private can administer more efficiently /quickly than public

33
Q

What are the advantages of a P3 project delivery method? (5)

A

uses efficiencies & expertise of private sector
life cycle costs reduced if operated by private
single point of responsibility
reduced time /const. sched
design often deciding factor in proposal selection

34
Q

What are the disadvantages of a P3 project delivery method? (5)

A

transfers risk to private sector
‘best value’ not always acheived (more like best$$)
lack of communication btwn O and A
building users have less control over outcome
prof liability ins. hard to get (particularly for small firms)

35
Q

What are the 3 possible roles for a CM and their corresponding contract forms?

A

CM as Advisor - CCDC 5a
O contracts each of the 3 parties separately
higher administrative costs
can confuse roles & responsibilities
CM as Agent - CCDC 5b
O contract w CM who directly engages Prime and GC on behalf of O
construction risk not know until end
risk flows to owner
CM as Constructor
hired prior to completion of design
shifts all risk to GC
typ. more expensive

36
Q

What are some disadvantages of the Design-Build project delivery method?

A

delivery method?

cost savings could be in conflict w building quality & maintenance costs
More complex process than CM
The owner is disconnected from the DB Architect
More risk than CM
Architects & engineers are disconnected from owner
Too difficult /costly for one-off building types
*w bridging:

CM is often faster

37
Q

What other project delivery method is a ‘Turnkey’ development most like?

A

aka Design-Build by developer

In this contract the DB entity takes on added responsibility of acquiring land, dps and financing. The O does not take financial responsibility until the project is complete.

38
Q

What does CCDC stand for?

A

Canadian Construction Documents Committee

39
Q

On an open bid, the notice of tender should include what information? (9)

A

name/location of proj
name of O/A
size/type proj.
bid close date
how to obtain bid docs
security rqrmnts
date/location of pre-bid
construction start/end dates
form of contract

40
Q

What is the usefulness of a bond?

A

It guarantees that the GC will stisfactorily perform the work outlined in the contract.

41
Q

What is the function of a bid depository?

A

These are operated by local construction associations. They collect and register bids from subs/suppliers and supply them to GCs.

42
Q

An addendum should be issued NO LATER than this time.

A

4 working days prior to bid close

43
Q

What is a good rule of thumb for the length of a bid period?

  1. large/complex project (open bid)
  2. small (invited)
A
  1. 4-6 weeks
  2. 2 weeks
44
Q

When is the ideal time/day to close a bid? (3)

A
  1. not on a Mon, Fri, or following a holiday
  2. mid-afternoon
  3. best to indicate ‘before’ 2pm rather than ‘on’ or ‘at’
45
Q

What is announced at the bid opening?

A
  1. Bidder’s Name
  2. Base Bid Amount only
  3. rqrd bid/security bond
46
Q

What is announced at the bid opening?

A
  1. Bidder’s Name
  2. Base Bid Amount only
  3. rqrd bid/security bond
47
Q

If the architect has prepared an analysis of the bids for the client what 3 letters/notifications should follow the analysis?

A
  1. Letter to Client reporting on bids
    • List price of each compliant bid
    • Describe recommended bid:
      • const. time
      • bid $ + alternates
  2. Letter of Acceptance (***not letter of intent = bad practice)
    • to successful GC
    • allows GC to start work ASAP while contract drafted
  3. Notification to unsuccessful bidders
    • must be done promptly so they can arrange bonds and bid on other work
48
Q

True or false, you don’t sign RAIC Doc 6 when using a Design-Build Project Delivery.

A

True, you just sign CCDC 155 – Design Services Contract Between Design-Builder and Consultan

49
Q

What is the purpose of the CCDC Documents?

A

The purpose of the CCDC Documents is to ensure clarity of purpose between the client, consultant and contractor in the design and construction of a project. They are written for the protection of all parties in an unbiased manner

50
Q

9.4.2 Describe the architect’s responsibility in making recommendations.

A
  • Architect recommend but client makes decisions
  • Be knowledgeable
  • Explain to client the impact of each of their decision