Construction And Evaluation Flashcards
How long should architects keep project files?
15 years or past the statute of repose
AIA D200
Project checklist
1- bidding and negotiation (pre-construction)
2- construction contract Administration
3- post-construction
What are the project conditions necessary for substantial completion to be certified and the owner to occupy a project?
Nothing can be outstanding that prevents the owner’s full use of the building
Does not include touch-ups, small repairs, or omissions
What typical responsibility of the architect would the construction manager perform in a cm as advisor project?
Preparation and management of a change order
Unit price
A price given when the basic scope is clear, but the extent is unknown (ex.. Excavation price per cubic yard of soll)
Types of contractor submissions and their protocols
Pay App (G702)
Change order (G701)
These forms must come to the architect first, who then checks them for adherence to contract standards, then sends them to the owner for payment
Bidder’s representation
Certifies that a bidder (contractor) understands the bid documents and has visited the site in preparation to bid
Bidder’s representations is spelled out in the second section of the AIA A701 - instructions to bidders contract. The specific language reads:
- “2.1 By submitting a bid, the bidder represents that:
I- the bidder reads and understands the bidding documents
2- the bidder understands how the bidding documents relate to other portions of the project, if any, being bid concurrently or presently under construction
3- the bid complies with the bidding documents
4 - the bidder visited the site, became familiar with local conditions under which the work IS to be performed, has correlated the bidders observations with the requirements of the proposed contract documents
5- the bid is based upon the materials, equipment, and systems required by the bidding documents without exception
6 - the bidder has read and understands the provisions for liquidated damages, if any, set forth in the form of agreement between the owner and contractor”
Non - conforming work protocols
Only the owner can accept non-conforming work
The architect should keep careful records of any non- conforming work
The architect must insist on conformance in matters of code, health, safety, and wellness
What are the architects responsibilities In pre-construction?
Prepare final contract documents
Administrate the bid and selection process
Agency review
The architects building code check with the A HJ
The A HJ is often the life safety code inspector, but can also be the elevator inspector, or electrical inspector - even the insurance company rep demanding a non-slip floor surface or the labor boards rep demanding ergonomic nursing work stations are ahjs. When their requirements conflict, you, the architect, need to meet the most stringent requirement
What are the architects responsibilities in a construction manager as advisor project?
The architect remains the initial decision maker. The cm becomes the point of contact for RFIs , coordination between contractor and owner, and administers construction change directives.
Architects fee - include cost of financing?
The owners budget for the cost of the work- which is what the architects fee is based on - does not include the cost of financing. it also does not include the cost of the land, or the compensation of the architect
The initial decision maker has _ _ days to initiate action on a claim
10 days
The contract gives the initial decision maker role to the architect, by default, unless otherwise specified. it -is up to the parties in the contract to change the IDM to someone else. The IDM can try to settle tough calls between the contractor (who may wish to use change orders to pad her profits) and the owner (who desperately doesn’t want to pay more in change orders)
The contractor must transfer all property titles to owner…
No later than the time of final payment
Allowance
A place holder price when the full cost is unknown but the work is necessary. Appliances, inspections etc.
Allowances most often used in lump sum or guaranteed maximum price (gmp)
Phases of IPD
1) conceptualization (kind of like programming)
2) criteria design (schematic design)
3) detailed design (design development)
4) implementation documents (construction documents)
5) Agency coordination/ final buyout (permits and approvals secured; all subcontractors committed)
6) construction
7) closeout (as -built drawings)
How long does the contractor have to notify the owner and architect of unexpected existing conditions?
14 days is the deadline for notification of unexpected existing conditions
21 days is the deadline for filing claims IF unexpected conditions arise
Submittal - definition, protocol, examples
Submittals are product information submitted to show adherence to contract documents, The contractor submits them to the architect for review and dissemination to architect’s consultants, then approvals more back through the architect to the contractor
Product data, cut sheets, color and material offerings, shop drawings, samples etc.
Hydrostatic pressure
A force that causes water to come up through cracks in foundations, causing mildew, mold, foundation damage, decay and other water-related issues.
In buildings, hydrostatic pressure is most associated with foundations, basements, retaining walls, and any water-resistant surface that sits against wet earth.
To address hydrostatic pressure at Foundation walls: slope the soil away from the building: create a capillary break with gravel backfill cold way) or dimple core drainage composites, and bury a perforated pipe, holes turned to the side, so that as water drops down the capillary break, it fills up the pipe and is carried downhill to daylight.
What is the purpose of AIA document G703 ‘continuation sheet”?
A sidecar to the contractors monthly application for payment (G702) - this is a list of the work completed being submitted on for payment, the schedule of values, the cost of the work completed before this month, what was completed this month, materials already purchased and presently stored, the percentage complete, the balance to finish, and retainage
When bolting steel members, how do we know that the nuts are tight enough to meet structural requirements?
Turn-of-nut bolting method- a preset goal is established for now for the nut needs to be tightened _ steel worker tightens 120° additional after the nut makes contact with steel and is marked as complete
Calibrated wrench method- an electric wrench is calibrated to stop at a predetermined amount of torque, and each nut is lightened until the wrench’s torque gauge tells it to stop - wrench is recalibrated each day - better for small jobs
Direct tension indicators-metal rings that look like washers are slid on the bolt-nut assembly before tightening, we know the bolt is tight enough when bumps on the direct tension indicators have been sufficiently crushed - least expensive and easiest to tell it is done right
Squirted direct tension indicators - same as regular, but the washer has silicone embedded that squirts out when it is sufficiently tightened
Twist-off bolts - part of a special proprietary bolt breaks off automatically when it is sufficiently tightened - requires specific type of wrench
Ala G712
Shop drawings and sample record
Log of fabrication drawings and samples submitted by the contractor with the date submitted, the subcontractor trade, and whether or not the sample or drawing was approved by the architect
Informational submittals
Submittals not requiring approval by the architect sent by the contractor to verify conformance to the contract (coordination drawings, performance calcs)
What are the architects pre-construction activities?
Providing assistance with the bid process
Why is it important for architects to be involved in the construction phase?
1- most claims against the architect occur in the construction phase
2- The design intent is more likely to be net it the architect engages with the construction phase
3 - some states even require the architect to be involved IF they have stamped the construction drawings
What are the architects responsibilities at project completion (post-construction) as part of their basic services?
1 - conduct inspections to determine the dates of substantial completion and the date of final completion
2 - issue certificates of substantial competition;
3- forward to the owner, for the owners review and records, written warranties and related documents required by the contract documents and received from the contractor
4- issue a final certificate for payment based upon a final inspection indicating that, to the best of the architects knowledge, information, and belief, the work complex with the requirements of the contract documents
Facility performance evaluation vs post occupancy evaluation
Facility performance evaluation - a requested meeting with the owner, at no additional compensation to the architect. The architect must hold the meeting towards the end of the first year after substantial completion
Post occupancy evaluation (Poe) - more elaborate and rigorous evaluation than a simple meeting and is listed in the contract as a supplemental service that merits additional compensation to the architect -Poe determines IF the building performs as intended
When is the latest a contractor can ask a question during bidding?
7 days prior to bid due date
What are the architects responsibilities for substantial completion?
Certifying the architects and architects consultants scope of work -very specifically does not include the scope of owners consultants
Ala G 612
Owners instructions to the architect regarding the construction contract
Owner and architect fill out a form that lists a bunch of details about the project and the parties involved (type of contract to be used, owners reps, retainage amounts, etc)
The final change order resolves what?
Allowances, unit prices, contingencies, bonuses / penalties, rebates / credits, outstanding additional services
Base bid
Sum stated in the bid from interested contractors. Does not include alternates
Action submittal
A submittal that requires the architects review and approval, like shop drawings for a railing, or a cabinet hardware sample that deviates from the one in the specs because the one in the specs is no longer manufactured
Who must sign the certificate of substantial completion?
Owner, architect, contractor
All 3 must also sign the pay app
Parts of IPD pre-construction
Agency review : authority having jurisdiction (ahj) review and asks questions on BIM model
This process is meant to catch issues as early as possible
Buy out: vendors and contractors commit to work packages
What are the architects responsibilities during construction contract administration?
CA starts when the owner and contractor sign the contract and extends until the architect issues final certificate of payment so the contractor can get paid their last invoice
In that time, they’ll be RFIS for questions that come up on the jobsite, submittal reviews (approvals for contractor - provided mockups, cut sheets, shop drawings, and product samplers) , approvals for the contractors invoices (certificates of payment) and declaration of substantial/final completion
What are the phases and parts of a commissioning agents responsibilities on a project?
Quality management role focused on building systems and looking to ensure that the building met its design intent in sustainability, plumbing, thermal comfort, energy use, air quality, acoustics etc.
Design - project requirements and specifications, sustainable options
Construction: administration of procurement, installation, and review
Acceptance - testing and manuals
Post-acceptance - prepare owner for takeover
Slump test
A test that checks the consistency of bonding construction materials: concrete - low slump; mortar - medium slump, grout-high slump
Change order
A claim from the contractor for work which is outside of the contract documents - the contractor documents the cost and schedule changes, then asks the architect to prepare a change order that is signed by the owner, architect, and contractor - AIA G701
Orthophotography
Aerial photos corrected to provide measurable images
Rectified photography
Facade/flat face photos for high detail records
Convergent photography
Aerial photos with corrected one-point perspective view
Proctor test
A test that determines optimal moisture content to determine maximum compacted density of soil
Commissioning
The process of testing, documenting, and approving building equipment
The commissioning team includes the architect, owner, contractor, and/or a dedicated professional commissioning agent
Architects fee - contingency
Architects fee does not include contingency - cost of work is really “owners budget for cost of work” - IF overbudget at the end, architect will get paid for what the final lost of work is
Joint check
A payment option for the owner to pay subcontractors when the general contractor is not on top of payments - both contractor and subcontractors name are on the check so they both have to endorse it - helps prevent mechanics liens
What are the three stages of commissioning?
1- ascertain requirements for performance
2-plan commissioning process
3-function and performance test
Typical retainage amounts are?
10% - > 5% for materials in storage
CSI 13.1A
Substitution request
Change orders include/exclude…
Cost of work associated with changes to schedule, budget, and scope: “straight” hourly wages; heavy equipment rental; reasonable delivery charges; materials at contractors cost
Excludes: fringe benefits Conner pays for dry-wallers hours, but not the Insurance, payroll taxes, a retirement benefits) overtime, everyday equipment rentals hand tools, scaffolding), contractors cars, contractors material mark-ups
The system is set up to discourage contractors from submitting unrealistically low bids to win the job and relying on change orders to make up for loss and turn a profit
Post- construction evaluation and protocol for outstanding issues
Post-construction evaluation-the owner has the right to meetings regarding the facility operations and building performance up to one year after substantial completion
Protocol for outstanding issues: the contractor has the right to be given notice and a chance to fix issues for the owners right to damages is waived)
Construction change directive
A change directive by the architect that must happen to keep a project on schedule. The architect must document the cost and schedule changes.
AIA G8O2
Amendment to professional services agreement
Like needing to amend the $ and date from scope creep (get it in writing )
Substitutions are allowed when…
A product IS no longer available
There are regulatory changes
There are prohibitive warranty conditions
The specs permit them
Statute of repose vs statute of limitations
Statute of repose - a hard deadline on the time window, in which an owner can sue the architect ( if 10 years and condition starts before but is noticed after, owner wales right to sue architect)
Begins at substantial completion → 10 years or state default-whichever is shorter
Statute of limitations - a more flexible deadline. ( if condition started prior to 10 year limit but discovered after, you can still sue the architect)
During bidding, who has the power: the owner or the contractor?
The owner has the power until the contract is signed. Once construction commences, the bidder becomes the contractor and the power often shifts to the contractor
The bidder pays the cost of preparing the bid
The bidder wants to substitute a specified product for something else
The bidder must submit it in writing to the architect with enough time to get a response - answered in addendum
The burden of proof that the substitution is a better option is on the bidder; the architect makes the final approval decision and accepts or rejects in addendum to all bidders. Substitutions submitted after the owner awards the contract are not to be considered unless the contract stipulates otherwise
Surety bonds
Bid bonds and performance bonds are a type of surety bond - works like insurance protecting the owner it the contractor does not follow through with a project - third party pays owner to finish the work or pays the difference between the contractor and next lowest bidder ( should be included in bid price)
Who prepares change orders?
Architects prepare change orders and construction change directives for the owner’s approval
Contractor can submit a change order request
Payment bond vs bid bond vs performance bond
Payment bond - pays out subcontractors and suppliers of the contractor flees or goes broke
Bid bond-pays out the owner IF the contractor accepts the bid, but doesn’t sign the contract to build the project
Performance bond - pays out owner to finish the project it the contractor flees or goes broke partway through construction
AIA G707A
Manages retainage payout
Who pays for permitting fees?
The general contractor pays for building permits (but in the end the owner pays for it)
The owner pays for permitting fees associated with the municipality’s design review-zoning review fees, permit review fees, planning commission fees, etc.
When is retainage paid?
At substantial completion
When given a choice between substantial completion and final completion for this exam, pick substantial completion
Fixed rate vs variable rate retainage
Usually fixed at 5% or 10%
Variable means 2 rates, one for materials in storage and one for work completed OR one retainage rate for early portion of a project and a different rate for the end of a project
Contractors warranty vs correction of work period
Contractors warranty _ lasts until the statute of limitations and statute of repose extinguish the warranty, typically 10 years but state law sometimes alters that - material shall be new and of good quality, work free of defects, work will meet the requirements of the contract documents - contractor must fix it. If he doesn’t address it promptly, contractor agrees to pay another builder to fix it. Architect can with hold application for payment until defective work is remedied, and the owner can file a claim (excludes damage from improper use, alterations by someone other than the contractor, improper maintenance, and from normal wear and tear)
Correction of work period- expires after one year covers anything within that time period that is found to be not conforming to the contract documents. Legally separate from the contractors warranty, so the owner gets 10 year and 1 year warranty.
When does the owner start paying utilities and the contractor stops?
Substantial completion
Bidding or negotiation
By base contract, the architect assists the owner In bidding or owner-contractor agreement negotiation, but not both.
Can you retroactively reject a pay app?
Yes - can nullify part or all to protect owner against:
Incorrected defective work
Contractor failure to pay subs or suppliers
Evidence that work described in the contract cannot be completed for un paid balance or evidence that work cannot he completed on time
Contractor consistently failing to meet his contractual requirements
What to do if a wood beam or truss or stud is damaged?
Get a repair detail drawing as calculated by the manufacturer or structural engineer
Who pays for permitting?
Owner pays for permits required to have the building
Contractor pays for permits required to build the building
What is a Kelly Ball slump test?
Like a regular slump test in that it tests workability of a concrete batch. A metal ball is dropped into a tray of concrete from a specified height and we measure how deep it goes.
Pro-more precise
Con-requires a large sample
What does AIA A305 contractors qualifications statement include?
General information - are you an LLC etc?
Financial and performance information - federal tax ID, 3 years financial statements etc
Project specific information- describe any conflict of interest, who are key personnel?
Past project experience _ project delivery method, sustainability cents, etc
- May be required by all bidders or just shortlist before winner is selected
What is testing and balancing?
Usually part of the contract and is a hired subcontractor of the GC - should be completed prior to substantial completion - commissioning agent also checks testing and balancing
Balancing ductwork to provide the right air flow to the right locations by adjusting dampers, fans Te
Critical path method
The longest chain of tasks that have to be finished to wrap up the entire project
In design build - who. Approves substantial completion? Who reviews pay app? Who is IDM?
The owner
Bid Bond vs bid security
Bid Bond is a type of bid security - an umbrella term that means the bidder has given up something to prove they are serious about their bid and not planning to bail - bid bond “stapled” to the bid itself - proves financial ability
What are supplemental drawings?
Usually drawn by the contractor - verify or modify the construction documents, but in ways that don’t alter cost or schedule and don’t necessarily trigger an RFI
