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Project Delivery System - ANSWER How team members are organized, establishes when parties engage, determines roles of parties, and determines sequence of design, procurement, and construction (db, cmar, dbb)
Procurement Method - ANSWER how team members are selected (QBS, best value, low price, sole source)
contracting approach - ANSWER how team members are paid (fp, gmp, cost reimbursement, target price, unit price)
Design-Bid-Build (DBB) ANSWER linear, sequential process, A/E selected on qualifications, GC selected on low price, design is fully completed without input from GC, A/E acting in owner's interests, with a historically strong bond, process is well-established and understood
Construction Manager At-Risk ANSWER Similar organization structure to DBB Construction manager selected by QBS or best value Contractor provides pre-con services Negotiated GMP contracting approach Open book estimating process Can fast-track project Construction cost known before design is complete Potential for dispute over what is reasonably inferable from GMP design documents
Design-Build ANSWER Owner contracts with one entity (a person or firm) to provide both design and construction services. Designer and contractor have a direct contractual relationship. Selected by QBS or best value. Wide spectrum of contracting approaches and organizational structures. Single point responsibility. Owner does not manage designer. Owner exposure to claims is significantly reduced.
engineer procure construct (epc) - ANSWER similar to design build, in industrial and power generation sectors, systems and performance testing are central to scope, contractor will generally perform engineering with its in-house staff, owner has a strong
need for single point responsibility, contracts often times include plant and process performance guarantees, contract items: performance and schedule liquidated damages and limitations of liability
Multi-prime Contracting - ANSWER owner contracts with multiple trade contractors, attributes are usually like dbb, owner's ability to schedule and coordinate the work
Integrated Project Delivery (IPD) - ANSWER multi-party agreement - all parties equal, QBS procurement and target pricing contract approach, private sector use - limited at this time, key: owner's ability to accept risk
Public-private partnership (P3) - ANSWER Instead of government building and maintaining major infrastructure (such as highway, water treatment plant), build and maintenance is outsourced to a private company. Opposed by public sector unions. this is not considered a delivery system but its underlying approaches are delivery systems and typically use DB. multiple procurement and contracting approaches
shift left - ANSWER strong efforts to determine scope early; pushes formation of teams early that includes important trade subcontractors; can allow big decisions to be made early have impact on project outcomes at lowest cost create a need for co-location and collaboration and compress time during concurrent design and construction
traditional design build - ANSWER typically two-phase best value procurement with lump sum contract; owner defines project requirements and scope of prescriptive work; use of performance-based technical requirements with limited prescriptive specifications
progressive design build - ANSWER design and price are progressively developed after the design-builder is under contract; final project cost and schedule commitment is not established as part of the selection process; two phases: preliminary services and final design and construction services
criteria documents - ANSWER describe the end result
prescriptive requirement - ANSWER describes in terms of exactly how the product and/or its components must be built; cookbook approach; developed by the design builder but used by owners in the RFP/bridging documents for operability or maintenance needs and conditions of permits or third parties; examples: uniformat C10, partitions. "Install gypsum wallboard on 3-5/8" metal studs at 16" on center with XX acoustical insulation per YY standards."
shortlisting - ANSWER takes the best of "qualified" teams; a key to design-build success; not the same as prequalifying or pass/fail; keeping this small increases interest among the best teams and minimizes procurement costs for everyone including the owner
Competitive Procurement Process ANSWER owners define their goals and selection criteria, one or 2 phase process if shortlisting is applicable, price is not a factor in selection, award to most qualified proposer, negotiate to a fair and reasonable price
QBS typical criteria - ANSWER qualifications, experience and past performance of design build team, qualifications of key personnel, capacity of design build team to perform work, team experience in working together, deisgn-builder's project management plan, project-specific ideas demonstrating team's ability to innovate and think outside of the box
best value - ANSWER selection criteria are price and non-price factors; 2 phase process: RFQ to shortlist most highly qualified, RFP to obtain technical approach and price; determine evaluation factors and relative weighting; price proposals opened after evaluation and scoring of technical proposals
technical score - ANSWER determined from multiple criteria and weighted scoring
price score - ANSWER award full points to lowest price and assign points proportionally to the other proposers
basis for award - ANSWER highest total score (technical score + price score)
design build to budget - ANSWER RFP identifies project budget, proposers submit technical proposals within budget, contract awarded to bet technical proposal, project
approach, and team composition; price is evaluated not scored in selection if within budget; owner can prioritize or add scope if budget allows; variant to this approach is "stipulated/fixed price, best technical proposal"
Lowest Price Technically Acceptable (LPTA) - ANSWER contract requirements are clearly definable and minimal risk of unsuccessful contract performance; suitable for commodities or simple service; proposers do the minimum for the pass/fail process; impedes thinking creatively or creating the best team; little practical ability for an owner to ever fail someone
Sole source - ANSWER Only one vendor can provide what your project needs to purchase. Examples include a specific consultant, specialized service, or unique type of material. essentially non-competitive; multiple contracting approaches available (unit rates, cost plus, GMP, or lump sum)
RFQ - ANSWER goal: to get highly qualified teams and information that will serve to differentiate among proposers and evaluate past performance
RFP - ANSWER Requires firm prices; front-end work to be done (such as geotech) for baselines only; asks only for information required, reasonably needed; allows ATCs when mandatory technical criteria is established
Alternative Technical Concept (ATC) - ANSWER Proposers submit alternatives to mandatory requirements that are equal or better than; if owner accepts then it can be utilized in the technical proposal; different than a value engineering change proposal
best practice - ANSWER the belief that there is a technique, method, or process that is more effective at delivering a particular outcome than any other; with proper process, checks, and testing, a desired outcome can be delivered with fewer problems and unforeseen complications
schematic design - ANSWER the point before which core team members should be engaged in the design process
designer of record (A/E) -
LICENSED TO PROTECT HEALTH, SAFETY, AND WELFARE OF THE PUBLIC, LEADS the overall design effort, or design and engineering of a specific discipline
design manager -
FACILITATES "MARRIAGE" BETWEEN DESIGN PROFESSIONALS AND COST ESTIMATORS, ADVOCATES FOR DESIGN EXCELLENCE WITHIN THE DESIGN-BUILD TEAM, MANAGES THE DESIGN INFORMATION FLOW AND DELIVERABLES
estimator - ANSWER must align with designer from inception to completion; is supported by key trade partners
design commitment - ANSWER designer of record confirms the documents comply with the owner's project criteria, all codes and standards; design confirmed within budget and schedule; owner's review for compliance has been completed; changes made after this may result in request for equitable adjustment; the owner and DB-er should reach a consensus on this definition and when it occurs during the post-award process
Integrated Design Work Plan (IDWP) - ANSWER Identify design tasks and decisions to complete the design of the project; decision making-how and when to make decisions; Identify work flow of design deliverables best supporting construction; Optimize time for design phase co-location; Optimize opportunities for constructability reviews; The initial prelim should be considered in the proposal
pre-construction, contract, close-out, and performance evaluation - ANSWER four phases of oversight
pre-construction - ANSWER phase which includes distribution of contract documents, confirm subcontractor flow-down clauses, confirm incremental design packages, confirm what constitutes design commitment, obtain performance/payment bonds, obtain certificates of insurance, confirm attainment of permits and access rights, issue notice to proceed, and schedule initial formal partnering workshop
REA-Request for Equitable Adjustment If a change order becomes necessary in a design-build scenario, you can use this to make sure you're payed for the additional work
charter, communications matrix, or issue resolution ladder - formal partnering typically results in mutually developing one of 3 things
formal partnering - ANSWER commitment between two or more organizations for the purpose of achieving specific business objectives by maximizing the effectiveness of each participant's resources
implicit - ANSWER cost plus fee, lump sum/firm fixed price, and target price are this type of incentive
explicit- ANSWER incentive contracts can be in the form of shared savings--early completion and award fees--non-cost performance factors. best value if owners should include this type of incentive in their design-build contracts
design quality - ANSWER an objective measure for evaluating a project that is easy to measure
design value - ANSWER a subjective measure for evaluating a project that is hard to measure; this is determined through the design process, not after the project is completed
best value - ANSWER (performance + quality) / cost
value - ANSWER (what you get) / (what you give)
Choosing by advantages (CBA) - ANSWER A process that lists the advantages of options and helps quickly identify the options with the most advantages. This process avoids the double counting inherent in listing pros and cons when in one option is also the con in another.
project closeout - ANSWER completion of the contract and related validation for owners acceptance of the work; requires collaboration from parties tied to the contract; requires collaboration from parties not contractually tied to the project
substantial completion - ANSWER when the owner may use or occupy the project or designated portion of the project for the intended purpose; owner's acceptance and occupancy
common law - ANSWER based on use of precedent; arbitration and mediation results don't provide direct precedent
promissory estoppel (detrimental reliance) - ANSWER means of protecting a party who is reliant on someone's actions; an equitable doctrine that prevents the withdrawal of a promise by a promisor if it will adversely affect a promisee who has adjusted his or her position in justifiable reliance on the promise
Expectation Damages - award what was reasonably expected from the contract
recission damages - when expectation damages are not available, award what party would have had if contract had not existed
specific performance and injunctive relief - if contract's subject is unique, a court order may order that the breaching party perform its obligations under that contract (specific performance) or stop doing something (injunction)
quantum meruit - ANSWER award of a reasonable sum of money (i.e. "what the claimant deserved")
reasonable - ANSWER damages can be speculative and therefore must be proven to a ___________________ degree of certainty
Consequential Damages - ANSWER result from the consequences of a breach; often "big" damages that are hard to prove, difficult to manage or predict and typically involve damages to third parties; create significant financial exposure if something goes wrong
direct damages - ANSWER damages that directly result from a breach; straightforward and "hard" costs
tort law - ANSWER a legally created remedy for someone who has been wrongfully harmed by another
Professional negligence - ANSWER failure of a person who has professional training to act in a reasonable and prudent manner
betterment theory - ANSWER owner cannot be put in a better position than if the breach hadn't occurred
Economic Loss Doctrine - ANSWER A common law rule holding that when an injury is purely economic, and arises from a contract made between two businesses, the injured party may only sue under a contractual claim (privity of contract)
Spearin Doctrine - ANSWER contractor must reasonably rely on what owner has furnished; defects that are obvious in bid documents must be raised by bidders during procurement
course of dealing ANSWER what the parties do in the performance of other similar contracts
course of performance ANSWER what the parties do in the performance of this contract
terms of art ANSWER use of word in a particular industry
Differing Site Conditions (DSC) - ANSWER subsurface or physical conditions at the site
What is IPD? - ANSWER Integrated project delivery- not a design build, but owner, designer,and contractor have a contract with each other
What if contractor and owner cannot agree during a Progressive Design build? - ANSWER There is typically an off ramp option which allows the owner to proceed with alternate delivery method.
Is there a contractual difference between design build bid and Construction Management at Risk? - ANSWER No there are still two contract with the owner. One with the designer and one with the contractor.
What's different about design build? - ANSWER It brings together in a single contract the major services of the professional design services and the construction contract.
What's the key enablers to team alignment? - ANSWER early involvement, qualification based selection, cost transparency, and creating an atmosphere of trust.
What documentation arises out of the formal partnering process? - ANSWER charter, communication matrix and issue resolution ladder
Team collaboration advantages? - ANSWER problem solving at the lowest level possible, less cost and schedule surprises, more flexibility, better interface management, better quality, and better risk management
What three ethical rules are in the professional code of conduct- General Duties? - ANSWER Professionals will not knowingly violate the law or engage in conduct that they reasonably should know violates the law, professionals will not knowingly assist another person in conduct that violates the code, and professionals will comply with the legal and ethical requirements for all licensed services they provide.
Causes for disciplinary actions - ANSWER gross negligence or willful misconduct, conviction of a professional for a felony, fraud or deliberate misrepresentation in the
application or maintenance of DBIA memberships
Complaint? - ANSWER DBIA code of conduct first step in enforcement and disciplinary actions
Bid Shopping - ANSWER providing confidential pricing or technical data from one bidder to another with the intent of receiving some advantage
Key players during early involvement - ANSWER owners, lead design builder, key specialty contractors, design and engineering professionals
Two distinct function of integration - ANSWER construction process is sequential and design process in linear
Building information modeling - ANSWER allows for real time sharing of design evolution, drives early decision making, defines expectations for design phase deliverables
Design Manager - ANSWER manages design information flow and deliverables
Designer of Record - ANSWER manages design performance interfaced
Design Committments - ANSWER define and agree on committments- meet budget and design criteria, once reviewed each stage with hold the other accountable
Value - ANSWER what you get for what you giv3e
Best Value - ANSWER Maximum performance and quality for the least cost
CBA - ANSWER Choosing by Advantage
What are the benefits of integration? - ANSWER early contractor involvement, team member accountability, improves relationships, better project metrics & increased certainty of outcomes, influence of certain fundamental concepts (cost-influence curve, benefits of fast tracking)
CMAR Construction Management at Risk similar to design bid build, typically selected based on qualifications or best value negotiated GMP contracting approach, ability to fast track, construction cost known before design is complete
What is EPC? ANSWER Engineer-Procure-Construct/ a delivery system that is for all practical purposes design-build/term used by industrial&power sector/system and performance testing are central to scope/EPC contractor will typically perform engineering with its in-house staff
What are owner's reasons to use EPC - ANSWER need for single point of responsibility, contracts include plant and process performance guarantees, contract terms include-performance and schedule liquidated damages and limitations of liability.
What is IPD? - ANSWER Integrated Project Delivery- multi-party agreement, qualification based selection and target pricing approach, private sector use, and the key is that the owner's ability to accept risk.
What is P3? - ANSWER Public Private patnership
What does 3rd party assistance offer the owner? - ANSWER It is not a delivery method but a supportive service
What is Progressive Design Build? - ANSWER Differs that the design and price are progressively developed after the design-builder is under contract, Design builder selected primarily on qualifications, two phases of services- preliminary and final design & construction
What is integrated design build? - ANSWER design builder integrated design and construction with trade subcontractors, consulting engineers, and suppliers lead by the
integrated team.
What is a bridging document? - ANSWER Owner provided documents- preliminary document in RFP.
Conceptual estimating - ANSWER little design needed, performance requirements, flexibility needed, develop design parameters, team develops design details to meet budget, schedule, pay and quality
T/F Detailed estimating is the Building systems approach to estimating - ANSWER F
T/F feasibility estimate is cost model and establishes budget for project - ANSWER F
T/F key element of quality assurance is keeping communication lines open between owner and DB - ANSWER T
T/F in Design/cost relationship of DB, the constructor establishes design parameters for architect - ANSWER T
T/F trust is most important thing for DB - ANSWER F
Betterment theory - ANSWER owner cannot be in a better position than if the breach hadn't occurred; owner cannot get something for nothing
Spearin Doctrine - ANSWER if contract builds in compliance, whether or not ti works, is on the group that designed it; deficient design that did not work
Subrogation - ANSWER Insurance company acts as insured
Surety Bond - ANSWER ensures liability met, performance and payment bonds, in design build encompasses construction and design as well
Commercial General Liability - ANSWER insurance coverage type issued to contractors; provides coverage for liability to third parties, bodily injury/property damage, and completed operations. Exclusions include losses resulting from professional services, economic losses due to the insured's own defective product or other failures to do work properly, damage to own work, and damage to own property.
Professional Liability Insurance- ANSWER insurance policy intended to cover one's assets if there is a filed claim for damage by negligence which was awarded, Errors and omissions insurance obtained by architects and engineers claims made v occurrence renews yearly covers liability of risk to have acted in negligence, act of error and/or omission against a performance professional services coverage include economic losses plus BI/PD provides coverage for the legal defense
builder's risk (all risk) - ANSWER first-party coverage against physical damage to project during construction; can be obtained either by owner or design-builder, contract or policy revisions that may be needed to address design-build: design related exclusions, all members of design-build are named as insured, and waiver of subrogation among the design-build team
worker's compensation - ANSWER risk of liability due to injuries to workers
employer's liability ANSWER exposure to liability from owner for occupational disease injuries to employees
auto liability ANSWER liability to third parties for BI/PD arising out of vehicle accidents related to the project
surety bonds ANSWER payment and performance and bonds for public works contracts. Surety bond is a guarantee, not an insurance policy
performance bond - ANSWER bond for benefit of the owner in event of contractor default; upon default, surety responds, covers correction of defective work and completion of project, additional legal, design, professional, and delay costs, and liquidated damages
payment bond - ANSWER bond for benefit of the subcontractors and suppliers
DBIA Document 580 - Teaming Agreement
Between Design-Builder and teaming party
Components of Teaming Agreement
qualifications, insurance, matrix of responsibilities, confidentiality and exclusivity, payment of stipend/honoarrium
URS CORP v TRANSPO - does teaming agreement waiver survive if subcontract supersedes teaming agreement?
yes. subcontract was silent, waiver in prime flowed down.
Common Procurement Challenges
- conducting proprietary meetings
- handling alternative technical concepts
- evaluating non-price factors
- consideration of all proposal information
- use of work product fo unsuccessful proposers
Design Criteria Document
Main contents in RFP:
- Program
- Performance Requirements
-Substantiation Metrics
