When does bidding occur for:
Design-Bid-Build
Multiple Prime Contractors
Design-Negotiate-Build
CM as Constructor
Design-Build
Bridged Design-Build
Integrated Project Delivery
Design-Bid-Build: Bidding occurs after 100% CDs
Multiple Prime Contractors: Bidding occurs after 100% CDs
Design-Negotiate-Build: Bidding occurs after 100% CDs
CM as Constructor: No biding occurs because only one CM is chosen. Pricing, specifically a GMP for this project, is done after 100% DD
Design-Build: No bidding occurs; the owner negotiates the price with the DB entity at the very start of the project
Bridged Design-Build: No bidding occurs; the owner negotiates a price with the DB entity after 100% SDs
Integrated Project Delivery: No bidding, because it’s a group coming together and self-organizing to form a new entity with a contractor already part of that
What is a specification?
What is the difference between a proprietary specification (or closed specification) vs. an open specification.
For the 3 types of OPEN specifications, describe the difference:
1. Descriptive Specification
2. Performance Specification
3. Reference Specification
What is a specification?
A specification is a written explanation of items to be included in the project, as well as their performance requirements, tests to be performed, material handling requirements, installation requirements. They’re typically formatted in MasterSpec format, which is helpful bc it’s a universal organizational style.
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What is the difference between a proprietary specification (or closed specification) vs. an open specification.
Closed specifications are when the owner or architect has a very specific type of item or material they are spec’ing, and substitutions or alternates are not permitted by the contractor when they are bidding on and building the project. Closed specs are not allowed on publicly funded projects bc they can be seen as providing favoritism in certain manufacturers. An example is if the owner or architect will only accept a very specific type of roof material or floor tile or stove, in which case the architect or owner needs to list the exact manufacturer and product name they require.
Open specifications are a way for allowing bidders to provide alternatives to what was spec’ed. It allows bidders to propose products that they’re most familiar with installing, and can obtain at the best price possible. Open specifications promote lower prices, while closed specifications ensure that the owner will receive an exact product in each bid
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For the 3 types of OPEN specifications, describe the difference:
Describe the difference between the process of analyzing publicly vs privately funded projects.
Consider:
Open vs closed bidding
Specific protocol followed for each
How is the winning bidder decided?
PUBLICLY FUNDED PROJECTS:
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PRIVATELY FUNDED PROJECTS:
During the bidding process, how do Requests for Information (RFIs) work?
What about substitution requests?
Or value engineering requests?
RFIs DURING BIDDING:
They are used when a contractor has questions about items in the bidding documents.
Answer responses to questions from one bidder goes out to ALL bidders so that everyone is working from the same information
If the response to an RFI requires the architect to issue an addendum, all bidders should receive the addenda. Sketches to clarify a condition are an example of what would get issued in an addenda
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SUSTITUTION REQUESTS DURING BIDDING:
A lot of information is typically required for a substitution request to be consider, such as samples, test data, reasons why the specified product cannot be provided, and so on
All responses to substitution requests should be issued as addenda, regardless of whether the architect accepts or rejects the request
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VALUE ENGINEERING DURING BIDDING:
Since bidding requirements are typically less structured in privately funded projects, owners often entertain value engineering options that are suggested by bidders. These are typically sent along to the architect for their review as substitution requests
It is important for the architect to review a life cycle cost analysis for items suggested as value engineering alternatives. Often a product with lower upfront cost will perform worse (not last as long, require more maintenance, have shorter warranty, etc) than the item that the architect originally specified in their basis of design
What’s a Project Authority Matrix and when should you introduce one to a project?
What does the Matrix look like for DBB?
A Project Authority Matrix outlines which party has authority over each item in a 1 page concise document. It’s good to send this out to the team so that it can be reviewed at the preconstruction conference.
For DBB the Authority Matrix says:
- Contractor responsible for work conformance, project schedule, submittals
- Owner responsible for schedule and work conformance
- Owner is only party listed who has authority to accept nonconforming work
- Architect responsible for the schedule and project budget up to the point when construction begins, after which these two crucial elements shift to eh contractor’s responsibility
- During construction, the architect is responsible for evaluating the work, advising the owner, reviewing pay apps and submittals, issuing a certificate of substantial completion, and any other outlined contracts
-Subcontractors only talk to contractor
-All communication with consultants goes through the architect
-The owner and contractor only talked to each other through or in conjunction with the architect
What are vs. are NOT the architects responsibilities during CA?
site visits
inspections
observing the work
means and methods
confirming quantities & all dimensions
contractor’s performance in accordance to the CDs
reviewing submittals
meeting construction schedule
RESPONSIBILTIIES:
-Observe the work
-Review submittals to make sure they are consistent with the CDs
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NOT RESPONSIBILTIIES:
-Means and methods, we don’t tell the contractor how to do what they do, that’s up to them
-We do not do inspections, we just observe the work (nomenclature is important)
-Not responsible for confirming quantities nor all dimensions (you can provide a dim if you’re asked for one but we’re not looking for shop drawings, we are looking and verifying all dimensions that are given to us in shop drawings.
-We are not responsible for site safety (falls only on contractor)
-Not responsible for maintaining project construction schedule (falls on contractor during construction)
- not responsible for the failure of the contractor to perform the work in accordance with the CDs
-Site visits are not meant to be exhaustive nor to catch all mistakes being made by the contractor bc this would put an enormous burden on the architect and it would be impossible for the architect to perform under this standard. Instead, the architect shall visit the site at intervals “appropriate to the state of construction or as otherwise required” where the architect specifies a maximum number of site visits they’ve accounted for in their fee
The architect’s role is to keep the owner informed about the progress and quality of the work completed and report to the owner known deviations from the contractor documents and schedule as well as defects and deficiencies in the work
What are the 3 main types of construction meetings and describe each?
The purpose of the preconstruction conference is to make sure all the parties are clear on who’s doing what and when. The attendees include the owner, architect, contractor, perhaps some consultants, a CM if there is one, sometimes a representative from the AHJ.
This meeting is usually conducted by the architect, who is responsible for scheduling the location, addenda, and providing an agenda in advance. Any documents to be discussed should be shared in advance, including ones from the contractor?:
- submittal schedule
- schedule of values
- list of subcontractors and vendors
COMMON AGENDA ITEMS FOR THE PRECONSTRUCTION CONFERENCE:
It’s common for subcontractors to be required to provide the contractor with all their projects submittals within 30 days of signing their contract. If the contractor hires a few subcontractors around the same time, they may be tempted to dump a huge number of submittals on the architect’s desk for their review. It would be more appropriate to space the submittals out in order of priority so that the architect can review each diligently and return them before the next ones become overdue
6.Review sustainability requirements, such as LEED
Review any mockups are that may be required and their schedules
Review owner requirements for site signage
Review any early occupancy plans from the owner
Review team members roles and responsibilities using project authority matrix
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SECOND TYPE OF CONSTRUCTION MEETINGS:
OAC meeting (Owner, architect, contractor) mtg
Regular process meetings, called owner-architect-contractor, or OAC meetings, happen throughout construction
At pre construction meeting you discuss how frequently the OAC meetings occur, typically weekly.
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THIRD TYPE OF CONSTRUCTION MEETINGS:
What is the gist of what A101 and A201 describe?
A101 is used to describe the project info, such as:
- a list of contract documents,
- critical start and end date,
- the contract sum,
- dispute resolution methods.
A201 contains the bulk of the clauses that will govern the project team’s actions during the construction phase, and it’s referenced in both A101 and B101
Why should the architect care about the A101 and A201 agreements that the architect is not partied to?
Even though the architect is not party to the owner-contractor agreement, they have a vested interest in it
The very first sentence in B101 describes the architect’s duties during CA and notes that the architect is responsible to provide administration of the contract between the owner and contractor, and in order to properly perform this task, you need to know what’s contained in that agreement and ideally be involved in its creation in order to address potential issues later on in construction
The architect should ensure that the Owner-Contractor Agreement is consistent with the CDs prepared by the architect, as well as with the B101, B101 typically incorporates by reference A201, the General Conditions
What in the B101 protects the architect?
It’s useful to note that B101 protects the architect from any oversight that might occur.
It states in Section 3.6.1.1 that if the owner and contractor modify A201, those modifications won’t affect the architect’s services, unless B101 is also amended. It’s best not to rely on this clause but to rather be proactive in seeking any conflicting clauses between A101, B101, A201 and amending them before they become problematic.
What is the architect’s role when doing site visits?
Architects are responsible for:
-As noted in the A201, the purpose of site visits is to ensure that, in general, the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the contract documents.
This is an important clause because it implies that the architect is performing a limited, non-exhaustive review of the work and is not responsible for means and methods.
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The architect is NOT responsible for:
-Means and methods, we don’t tell the contractor how to do what they do, that’s up to them
-We do not do inspections, we just observe the work (nomenclature is important)
-Not responsible for confirming quantities nor all dimensions (you can provide a dim if you’re asked for one but we’re not looking for shop drawings, we are looking and verifying all dimensions that are given to us in shop drawings.
-We are not responsible for site safety (falls only on contractor)
-Not responsible for maintaining project schedule (falls on contractor during construction)
When coordinating the A101, B101, and A201, what are some of the first things the architect should coordinate the timeline of?
If the architect has allocated 10 business days for the reviews of submittals and a max of 2 revisions for each submittal, the owner’s agreement with the contractor needs to reflect the same information. If, in the same example, the Owner-Contractor Agreement calls for a 5 business day review by the architect and an unlimited number of revisions, the owner will be exposed to relay claims by the contractor when the architect does not review within the timeframe that the contractor expects .
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A201 notes that the architect will make site visits at intervals appropriate to the stage of construction, or as otherwise agreed upon with the owner. If this clause is revised, conflict can arise due to the contract expecting more frequent site visits than the architect is contractually obligated to provide
The PURPOSE of the architect’s site visit should be clear. As noted in the A201, the purpose of site visits is to ensure that, in general, the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the contract documents.
This is an important clause because it implies that the architect is performing a limited, non-exhaustive review of the work and is not responsible for means and methods.
During construction, if conflicts occur an Initial Decision Maker (IDM) is used. Describe who is usually assigned this role, and what it entails.
In order to expedite conflict resolution, an Initial Decision Maker (IDM) is selected to give their impartial opinion on conflicts that arise during construction
Using the IDM is the first step in the conflict resolution before more binding measure occur
Per b101, the architect should act as the IDM, unless otherwise decided upon in the owner-contractor agreement.
The role of the IDM, outlined in A201, states that the IDM shall render a response to a claim within 10 days after receipt, and gives guidelines as to what types of responses they can provide.
B101 lists assisting another IDM as well as evaluating an extensive number of claims as IDM as additional services
Before the owner-contractor agreement is signed, the contractor should provide to the team proof of what documents?
The contractor needs to provide proof of insurances, bonds, compliances with any required licensing laws, and perhaps, compliance with equal opportunity laws, if the project is publicly funded.
What is the Notice to Proceed? Who issues it and when?
The Notice to Proceed is a formal letter, informing the contractor to begin work. A101 says that the date of commencement of the work may be established in a Notice to Proceed. Otherwise, it’s simply noted in the A101. It’s issued after the owner-contractor agreement is signed and the contractor provides proof of insurance, bonds, compliance with licensing laws, etc.
*The architect may submit the Notice to Proceed to the contractor at the owner’s direction, but it’s important for the architect to carefully craft the language so as not to insinuate that the architect is the one directing the work. They can say something like, “I have been directed by the owner of the project to “issue this Notice to Proceed.”
There are two common tests that are performed on concrete; describe each.
The concrete will be tested to determine how much force it requires to be broken
Concrete is generally assumed to have cured after 28 days, but the first test can occur 7 days after. An early test can give a team confidence bc concrete receives most of it’s strength by that point
In general, if the results of a test fail, the architect should refrain from direction that work stop on particular items, as the architect should never direct the work
What is the name/number of the contract used for documenting, as well as who is agreeing to the change, does the proposed change affect the contract sum or time?:
minor change in the work
construction change directives
change orders
minor change in the work (G710) & Architect’s Supplemental Instructions (ASI)
All are agreeing to the change.
Does NOT affect contract sum or time.
Ie. changing the joint pattern when installing tile (before it’s been installed) because same price and same amount of time to do
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construction change directives (G714)
Owner & architect agree to the change (the owner and contractor are still deciding on what the change means for adjustments to the price and time)
The proposed change DOES affect the contract sum and time
Used for the owner and the architect to order a change in the work that does adjust the sum, time, or both. Only the owner and architect sign the CCD. They can also be used to order a change in the work when the parties don’t yet agree to one or more facts of the change, but the change needs to be implemented immediately. The contractor begins the works while the team agrees to the change in price or sum.
Since CCD process is faster-moving than change order process because they don’t require the contractor’s input, CCDs are often used when the parties have agreed in advance and now just need to memorialize a change
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change orders (G701)
All are agreeing to the change.
The proposed change DOES affect the contract sum and time
Used to memorialize an agreement between owner, contractor, and architect (they all sign to approve) about the scope of the change and the subsequent revision when there is a change to the sum or time. G701 documents the change order and lists the original price, the adjustment in sum or time, and any other net change already authorized in previous change orders. The architect is the one who keeps a record of the change orders.
Things to review when looking at an RFI:
Who initiated the change? The contractor, or the owner? Or the architect?
Look at why the original product or assembly was originally chosen
Cross check code and performance requirements needed
Compare with the specification and try to make a fair comparison
Make sure that approving a substitution won’t have a ripple effect to other portions of the work
Ie. an ex of a proposed change that might affect another portion of the work could be almost anything that happens in the ceiling or plenum because almost every consultant is in the plenum space (mechanical, electrical, plumbing, fire protection). If the ceiling is lowered, this will likely affect all the interiors, like window line or height of doors.
What are some reasons you might have changes to the contract documents:
Change in product or material because the original product that was specified is no longer available
The contractor is making a suggested change as a cost-saving substitution
The owner may change their mind about certain aspects of the design
What are the 5 steps to respond to RFIs?
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-In order to do this, you need to understand your own scope of work vs the scope of work of the various consultants
-You find this by looking in the consultant’s contracts, but a simple way to know whether a consultant should respond to an RFI is to take a look at what drawings or specification sections the contractor is referencing in their question
-If they were prepared by a consultant, you should ask for that consultant’s input. If the RFI requires input from consultants, you need to send them the RFI, explain the deadline, and review their response before sending it back to the contractor
-You need to ensure their response coordinates with other portions of the work and is consistent with the design intent
-ALL communication goes through the architect in this process
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-If the consultant provided a response, that should be included in the architect’s final response to the RFI
-Make sure to always refer back to the CDs to ensure the response is compliance with design intent and specifications
-You may need to provide additional or supplemental information.
Examples of these are
Written directions
Sketches
Materials
Details
This could result in the architect issuing
Catalogue the rfi in your tracking system
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When a contractor is asking for approval from the architect on a substitution request within an RFI, the architect can approve it after checking that the specifications meet the requirements, but you also need to get the owners approval.
What are the 3 valid types of RFIs and 4 INVALID types of RFIs?
What happens if you respond to an RFI that’s not valid?
3 types of valid RFIs:
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4 types of INVALID RFIs
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**If you do respond to a RFI that is not valid, you could disrupt the proper response channels or legal framework by responding to things like submittals or substitutions that are not valid RFIs, or assume liability and responsibility for incorrect info
Who determines what the quantity, types of inspections and inspection procedures that are to be conducted throughout various portions of the project must be?
Both the architects and their consultants will determine a number of testing and inspection procedures that must be conducted on various portions of the work
Plumbing , mechanical, electrical, structural, framing, insulation, fire resistant penetrations, and other items are required to be inspected at regular intervals throughout the construction. Timing is crucial because most of the work will eventually be covered by finished work (ie walls covering plumbing pipes)
Dif parties are responsible for testing dif things. Review the project’s agreements to determine who is responsible for each portion of hte testing protocol
Owner is required to test the subsoil conditions as well as any tests required by law such as building code
The contractor shall bear the cost of testing required by the contract documents and by law. THis means that if the architect forgets to include a test in their specs, but the test is required by law, the contractor must provide the test at no additional cost to the owner. The rationale behind this is that the contractor should be familiar with testing requirements in the jurisdiction where the project is being built
Contractors must give timely notice of ALL tests being performed so that the architect may be present if they chose (since they are required to be present for all).
It’s the CONSULTANT’S responsibility to make sure those tests are taking place at the right time
**However, if certain testing procedures become necessary during the course of construction but are not legally required and were not outlined in the bid documents, the owner is responsible for such costs. The owner is also responsible for third-party testing procedures where jurisdictional requirements do not allow the contractor to pay for such tests
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Testing and inspection protocol would typically meet ASTM and UL requirements, but there could also be unique assembly that could require an additional mockup or performance testing
It’s important that any penetrations through fire rated walls, such as plumbing pipes, maintain the required ratings of the wall. Firestopping is used for this purpose. For voids between walls, firestopping needs to be a certain thickness as required by the manufacturer and needs to cover every gap created by the hole for the pipe.
Locals AHJs may have their own requirements for these inspections
The project requirements for testing of building performance and materials are typically included in the specifications and were likely already reviewed at the preconstruction conference
The architect should assist the owner with securing any special inspectors that may be required and coordinate installation requirements with material representatives
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The report will be distributed to the architect from the owner or contractor
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The architect will need to review the results and cross-check them with testing requirements contained in the specifications, and share results with any consultants that also may need to know the results.
Who is responsible for hazardous materials found on site, as well as the mitigation?
The responsibility for hazardous materials found on site as well as their mitigation is squarely on the owner, not the architect, per AIA B101. The architect shall have no responsibility for the discovery, handling, removal, disposal of, or exposure of persons to hazardous materials
The owner is responsible for all hazardous materials testing, which may be required in order to obtain a building permit
If unexpected hazardous materials are encountered, the contractor is entitled to stop work in the affected area and notify owner and architect immediately
The contractor is entitled to submit a change order for a delay resulting from finding unexpected hazardous materials
A201 contains an indemnity clause in favor of the contractor, subcontractor, architect, and architect’s consultants regarding hazardous materials.
One ex of when a subcontractor or contractor wouldn’t be held liable for hazardous materials would be an unforeseen condition like an exploded ordnance
Often on renovation projects, a certificate stating that the projects is free of hazardous materials is required prior to construction commencing. This is the owner’s responsibility to coordinate the required testing and obtain a certification
A common example of a hazardous material found underground on a construction site are underground storage tanks (USTs)
Another common example is asbestos, often found in many materials on renovation projects built in the 1970s or earlier, such as caulking, roof tar, floor tiles, etc. It’s dangerous to inhale
What happens if a contractor finds a UST on site?
A UST is an underground storage tank, which often contain hazardous material.
If unexpected hazardous materials are encountered, the contractor is entitled to stop work in the affected area and notify owner and architect immediately
The responsibility for hazardous materials found on site as well as their mitigation is squarely on the owner, not the architect nor the contractor.
The contractor is responsible for any requirements in the contract documents regarding hazardous materials, such as handling and disposal
The contractor is entitled to submit a change order for a delay resulting from finding unexpected hazardous materials
A201 contains an indemnity clause in favor of the contractor, subcontractor, architect, and architect’s consultants regarding hazardous materials.