CE Specific Flashcards
competitive bidding
Usually results in the lowest construction cost
Create clearly defined guidelines that protect the owner from disreputable contractors and unethical bidding practices
value-based selection (VBS)
type of public bidding used in some jurisdictions that considers lowest cost as well as quality, schedule, and contractor personnel
negotiation (in design bid build)
The process in which the owner, with the assistance of the architect, works out a final contract price with on contractor
The contractor may be selected in one of two ways:
- Owner may already know which contractor they want to work with
- Owner may have selected several possible contractors for consideration. One is chosen based on qualifications after they are all interviewed.
prequalification of bidders
Prequalification is based on the following:
Financial qualifications
Personnel
Experience
References
Size of firm
Bonding capability
Special qualities that make them well suited for the project
Advertisement for Bids
Any contractor is able to submit a bid
Published in newspapers, trade journals, online, etc.
Usually written by the architect
Usually required for public work
Invitation to Bid
Contractor must be prequalified
Contains same info as an advertisement for bid
addendum
A written or graphic document, issued by the architect during the bid period prior to the execution of the contract, that modifies
or interprets the bidding documents by addition, deletion, clarification, or correction
Addendums are issued to bidders no later than four to five days before receipt of bid
Pre-Bid Conference
Architect and owner can emphasize important conditions
Very useful for renovation or addition projects
Large projects may have separate conferences for HVAC subs, electrical subs, etc.
Notes should be taken and distributed to bidders
What happens to bid received after the deadline?
must be returned unopened
How long after bid deadline is the decision typically made?
7-10 days
Who conducts most public bid openings?
Architect
What are the 4 options for the owner if all bids exceed the project budget?
Owner may rebid the project. Architect receives no additional compensation. Rebidding a project without changing its scope or details will rarely result in a cost reduction unless the marketplace/economy is changing rapidly.
Owner may authorize an increase in the construction cost and proceed.
Owner may work with the architect in revising the scope. Architect will receive no additional compensation to redesign and revise the documents.
Owner may abandon the project.
List 7 things typically included in the bid documents
The advertisement or invitation to bid
Instructions to bidders
Supplementary instructions to bidders (if any)
Bid forms
Bid security information
Performance bond, if required
Labor and material payment bond, if required
(also could include:
Qualification forms
Proposed subcontractor list form
Certificates of insurance
Certificates of compliance with applicable laws and regulations
Additional information available to bidders (such as geotechnical data) )
What AIA documents is the Instructions to Bidders
A701
substitutions (during the bidding process)
Bidder is required to submit a request for approval of a proposed substitution at least 10 days prior to the bid opening date
If approved, architect issues an addendum stating this and sends it to all bidders
Substitutions cannot be considered after the contract is awarded
bid security
Required to ensure that the successful bidder will enter into a contract with the owner
Could be a certified check, cashier’s check, or bid bond
If the successful bidder doesn’t enter into an agreement, the bid security may be retained to compensate for the difference
between the low bid and the next lowest
Amount could be fixed or percentage of bid, usually 5%
performance bond
A statement by a surety company that obligates complete construction of the project in the event that the contractor defaults on his
or her obligations
Surety company completes construction by hiring another contractor, or may supply additional money to the defaulting contractor to
allow construction to continue
Usually mandatory on public work and advisable on private work
Cost of the bond is paid by the owner and usually included in the construction cost
In CM as Adviser, who provides contract administration?
both architect and CM
In CM as Adviser, who prepares change orders and construction change directives?
CM
but they are signed by CM , architect, owner, and contractor
In CM as Adviser, who is the initial decision maker?
architect
What path doe RFI’s take in CM as Adviser?
Contractor - CM - Architect
CM gives their recommendation
What begins the construction phase in a CM as contructor project?
- the owner’s acceptance of the CM’s GMP proposal
- owner’s approval of the
CM’s control estimate - or the owner’s issuance of a notice to proceed
What is the purposed of architect’s site visits?
To endeavor to guard the owner against defects and deficiencies in the work
To determine if the work is progressing in such a way that it will be in accordance with the contract documents when
completed
If work on the construction site has to be uncovered and is found to be conforming, who pays for the uncovering?
the owner
If work on the construction site has to be uncovered and is found to be not conforming, who pays for the uncovering?
contractor
Who pays for special inspections?
the owner
In a sustainable project, who registers the project with the certifying authority?
the architect
Directed acceleration
owner instructs the contractor to speed up and agrees to pay the additional costs associated with the change (directed through a change order)
Voluntary Acceleration
the contractor may decide to accelerate the work because it has fallen behind the original schedule, the construction company is trying to finish the work early to collect a bonus, or they want to move personnel to another job
Constructive Acceleration
a situation may occur that causes an excusable or unavoidable delay, such as caused by weather, deliveries, or change orders, but the extra time is neither requested by the contractor nor granted by the owner.
The contractor must determine how to speed up the process to meet the project deadline.
Contractor may choose to file a claim for damages if the extra time is warranted but not given and the contractor had to incur extra expenses to complete the work on time
What makes something a “minor change in the work”?
Change does not involve modification of the contract sum or time and is consistent with the contract documents
Architect may issue a written order directing the contractor to make a minor change
Does the Architect need approval of the owner or contractor to issue an order for a minor change?
No
What form does an architect use for a minor change in the work?
G710 “Architects Supplemental Instructions”
What form do you use when a time sensitive change must be made, but owner and contractor do not agree on who will pay or schedule changes?
AIA Document G714, Construction Change Directive
Who can suggest a change order?
architect, contractor, or owner
Who prepares the change order & who issues it?
Architect prepares, owner issues
What constitutes a change order?
A document authorizing a variation from the original contract documents that involves a change in contract price, contract
time, or both
Who must approve a change order?
architect, owner, & contractor
What AIA document is an RFI?
AIA Document G716, Request for Information (RFI)
How many days before a schedule payment date must a contractor submit an application for payment?
10 days
What is in an application for payment?
value of the work (labor & materials) completed up to date of the application and value of materials purchased and in acceptable storage
Earned Value Management (earned value analysis)
Project management technique used to determine the schedule of values
Attempts to predict both the time and money (or % of overall project budget) that is required to complete certain tasks
Actual time and money expended can be compared to the budgeted amounts to determine how the project is
progressing
For what reasons can the architect withhold payment?
Defective work not remedied
Third-party claims or evidence of probability of third-party claims
Known failure of the contractor to make payments to subcontractors
Reasonable evidence that the work cannot be completed for the unpaid balance of the contract sum
Damage to the owner or a separate contractor
Reasonable evidence that the work will not be completed on time and that the unpaid balance will not be sufficient to
cover damages due to the delay
Repeated failure of the contractor to carry out the work in accordance with the contract documents
What must the contractor submit to the architect before the final certificate of payment is ready?
An affidavit stating that payrolls, materials, and other debts for which the owner might be responsible have been paid (AIA Document G706, Contractor’s Affidavit of Payment of Debts and Claims often used)
A certificate showing that insurance required by the contract documents to remain in force after final payment will not
be canceled or allowed to expire without at least 30 days’ written notice to the owner
A written statement that the contractor knows of no reason that the insurance will not be renewable
The consent of surety to final payment, if applicable
AIA Document G707, Consent of Surety to Final Payment may be used
Any other data required by the owner that establishes evidence of payment of obligations, such as releases and waivers
of liens
What needs to be done to accept nonconforming work?
need owner’s approval
note the deviation on the field report
if the work is less expensive - owner can request a credit
if work is more expensive & error is the contractor’s - contractor pays
what is the window of time to make a claim?
first 21 days after it happens or is recognized
who is the first to deal with a claim?
initial decision maker
(architect)
how long does the IDM have to take prelim action on a claim?
10 days
what are possible actions of the IDM on a claim?
Requesting additional supporting data from the claimant
Suggesting a compromise
Accepting the claim
Rejecting the claim
Advising the parties that the IDM is unable to resolve the claim because of a lack of sufficient information
Advising the parties that it would be inappropriate for the IDM to resolve the claim
what are the three basic stages of commissioning:
Determining performance requirements
Planning the commissioning process
Performance and functional testing