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    Construction Methods & ManagementCIEG 486-010

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    Construction Methods & Management

    CIEG 486-010

    Construction Management

    Contractual arrangement: at-risk or

    management services for fee only

    or

    Act of managing the construction process

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    Construction Methods & Management

    CIEG 486-010

    Construction Management

    Contractual arrangement

    Construction management personnel can

    represent owner or contractor

    CM manages the basic resources of

    construction

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    Basic Resources

    workforce

    subcontractors

    equipment

    constructionplant

    material

    information

    time

    money

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    Construction Methods & Management

    CIEG 486-010

    Project Management

    Optimize the three attributes of: quality, cost,and time

    Principle objective of a construction manager

    is to complete each project on time and withinbudget, while maintaining acceptable levels of

    safety and risk

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    Construction Methods & Management

    CIEG 486-010

    Method or System of Project Delivery

    Traditional design-bid-build

    Phased or Fast-track

    Design-build

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    Traditional Design-Bid-Build

    Phased or Fast-Track Construction

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    WestApproach

    Lighting

    EastPiers

    WestPier

    s

    BridgeDe

    ck

    EastAppr

    oach

    Towers

    MainCables

    Suspende

    dSteel

    Trusses/Framing

    TestPiles

    Anchorages

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    Construction Methods & Management

    CIEG 486-010

    Contract Types

    Traditional vs. alternative Classification by method of awardandmethod of pricing

    Model contracts have been developedby AIA, AGC, CEC, DBIA, CMAA, andEngineers Joint Contract DocumentsCommittee (EJCDC)

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    Construction Methods & Management

    CIEG 486-010

    Contract Types

    Method of Award

    1. Competitive bidding formally advertised public work

    selective invitation for private work

    awarding of contracts by: Lowest responsible bid or

    Best value i.e.: technical score price orprice + time(ft), and other variations

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    Construction Methods & Management

    CIEG 486-010

    Contract Types

    Method of Award

    2. Negotiated contracts Generally private work

    Benefits include flexibility of pricing arrangement

    Often used on projects of large size and great

    complexity Owner may value expertise and integrity of a particular

    contractor and can award contract without competitionthat may otherwise exclude that contractor from thework

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    Construction Methods & Management

    CIEG 486-010

    Method of Pricing

    Fixed-price

    1. Lump sum Traditional, single fixed price

    Predetermined price that includes profit,

    overhead, and all other costs

    Greatest risk to contractor resulting in ahigher markup (the greater the risk, the

    higher required rate of return )

    Most common contract form

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    Construction Methods & Management

    CIEG 486-010

    Method of Pricing

    Fixed-price

    2. Unit-price contract Prices of specified units of work are fixed or

    predetermined

    Actual cost to the owner will vary with actualquantities placed

    Best used when details and general characterof the work are known, but quantities aresubject to variation

    Risk of unbalanced bids

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    Construction Methods & Management

    CIEG 486-010

    Method of Pricing

    Cost-plus

    Contractor agrees to perform the work for a fixedor variable fee covering profit and home office

    costs (general overhead)

    Field costs are reimbursable at actual cost

    Used when: nature of the work or physical conditions are

    unpredictable

    scope is unknown or difficult to define

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    Construction Methods & Management

    CIEG 486-010

    Method of Pricing

    Cost-plus All cost-plus contracts depend on cooperationamong A/E, owner, and contractor

    Record keeping and timely evaluation are

    extremely critical Detail record of labor hours and salaries, material

    and equipment must be maintained

    Good application for professional CM services

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    Construction Methods & Management

    CIEG 486-010

    Types of Cost-plus Contracts

    3. Cost plus fixed %

    Fixed % based on portion or all ofreimbursable costs

    Used in construction involving new

    technology or extremely pressing needs

    Owner assumes risk

    Contractor cooperation very high

    Little or no incentive for cost savings

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    Construction Methods & Management

    CIEG 486-010

    Types of Cost-plus Contracts

    4. Cost plus fixed fee More incentive for cost savings

    Incentive for timely completion

    Risk shared by owner and contractor

    5. Cost plus variable %

    Also called sliding scale % Keeps fee in line with type & volume of work

    Fee becomes progressively smaller on work that isrepetitive, requires little or no re-engineering, re-planning, or additional layout

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    Construction Methods & Management

    CIEG 486-010

    Types of Cost-plus Contracts6. Target estimate

    May be based on dollar amounts, man-hours, schedule,or combination

    Cost savings or overrun shared by owner and contractorat predetermined split

    Cost underrun increases contractor profit, overrundecreases profit

    7. Guaranteed maximum price Used with well defined scope of work

    Particularly suitable for turnkey operation

    Contractor or design-builder assumes all risk

    Provisions to share savings can be applied

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    Construction Methods & Management

    CIEG 486-010

    Construction Contracts

    Prequalification of bidders Evidence of satisfactory previous experience Financial stability

    Advanced or specialized prequalification may be

    required as dictated by the magnitude and nature ofthe work

    Bid bonds are often required

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    Construction Methods & Management

    CIEG 486-010

    Elements of a legal contract

    offer

    acceptance

    consideration

    legal in every respect requires a meeting of the minds

    offer + acceptance = binding obligation

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    Construction Contract Documents

    Advertisement for bids

    Information for bidders Bid form

    General notices

    Notice of award

    Notice to proceed

    Bid bond

    Performance bond

    Payment bond

    Contract form oragreement

    General conditions orprovisions

    Supplemental and/orspecial conditions

    Plans

    Specifications

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    Construction Contract Documents

    Characteristics of a good contract document:

    1. Carefully considered

    2. Expressed clearly3. Time-tested

    4. Comprehensive

    5. Fair

    6. Balanced

    7. Applicable to the elements of a construction projects

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    Construction Methods & Management

    CIEG 486-010

    Construction Contracts

    bidders are required to:

    examine all portions of the contract documents

    examine the physical conditions of the site

    determine legal requirements affecting the work

    complete these investigations prior to bidding

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    Construction Methods & Management

    CIEG 486-010

    Construction Contracts

    contract documents should: Include a hierarchy to determine which

    documents govern in case of conflict, i.e.:

    DelDOTs hierarchy

    Not contain ambiguous language

    Not contain exculpatory clauses

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    Construction Contracts -- General Conditions

    Contractors warranties Defective drawings

    Approval of contractorsplans and equipment

    Approval of shop drawingsother submittals

    Guarantee by the Contractor

    Conduct of the work

    Defective work Relations with other

    contractors andsubcontractors

    Inspection of materials Inspection of field work

    Authority of the Engr.

    Duties of the inspector

    Permits and licenses Labor considerations

    Work done by the owner

    Lines and grades

    Order and discipline Performance

    Final inspection &acceptance

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    Construction Contracts -- General Conditions

    Federal, state, and localgovernment regulations

    Employment (EOE rules)

    Emergencies

    Minimum wage rate Domestic vs.foreign materials

    and labor

    Construction reports

    Payrolls and bills of material Cooperation among

    contractors

    Patents

    Retainage Bonding and insurance

    Guarantee of equipment

    Borings

    Spare parts

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    Risk Allocations -- General Conditions

    Force majeure

    Indemnification

    Liens

    Labor laws

    Differing site conditions

    Delays and extension of time

    Liquidated damages

    Consequential damage

    Occupational safety, andhealth of workers

    Permits, licenses, andregulations

    Termination for default bycontractor

    Suspension of work Warranties and guarantees

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    Construction Methods & Management

    CIEG 486-010

    Specifications

    Standard, supplemental, and special

    provisions two types of specifications:

    method specification dictates equipment

    and proceduresperformance specspecifies only the

    desired end result or product

    should include hierarchy

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    Construction Methods & Management

    CIEG 486-010

    Hierarchy

    Governing ranking of contract components in

    case of a discrepancy (DelDOT) General Notices Special Provisions

    Plans

    Supplemental Specifications

    Standard Construction Details

    Standard Specifications

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    Construction Methods & Management

    CIEG 486-010

    Classification Coding System

    Architectural building and site developmentindustry employees the CSI Format that

    includes 16 divisions of work.

    Public owners generally use a system ofsections or divisions developed and

    employed for several decades

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    Construction Methods & Management

    CIEG 486-010

    Codes, Standards, and Regulations

    Model Codes Basic/National Building Code (BOCA Code)

    Uniform Building Code

    Standard Building Code

    National Electric Code (NEC) and Life Safety Code by

    the NFPA under ANSI

    The International Building Code 2000 (IBC) replaces

    the first three codes. Several subcodes of the IBC

    include Fire, Residential, Plumbing, Energy

    Conservation, Mechanical, & Private Sewage

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    Construction Methods & Management

    CIEG 486-010

    Codes, Standards, and Regulations

    Model Codes Model codes are adopted in whole or in part by the

    local municipality, and become enforceable under thelaw

    Zoning Regulations

    imposed by local zoning commissionsEnvironmental Regulations

    imposed by the EPA, State DEP (DNREC), or local

    agency

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    Construction Methods & Management

    CIEG 486-010

    Codes, Standards, and Regulations

    StandardsASTM

    Underwriters Laboratories, Inc. (UL)AASHTO

    ACI

    AISC many, many others

    no enforcement by these agencies

    specifications generally refer back to these

    standards

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    Construction Methods & Management

    CIEG 486-010

    Submittals required in the contract copies of subcontracts

    shop drawings and support calculations

    catalog cuts material or equipment samples

    schedule(s)

    certified payrolls certificates of insurance

    environmental test reports

    material test reports & certifications

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    Construction Methods & Management

    CIEG 486-010

    Shop Drawings

    structural steel details & erection plan

    erection procedures (safety)

    PS/PC concrete items

    shoring & underpinning details

    jacking plans and calculations

    scaffolding and falsework

    concrete formwork design and details

    construction sequencing diagrams

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    Construction Methods & Management

    CIEG 486-010

    Shop Drawings

    cofferdam design & details

    dewatering procedure stream diversions

    pipe and ductwork fabrication details

    reinforcing steel bending diagrams and bar lists

    structural timber elements

    ornamental iron or steel

    maintenance of traffic plans (alternates)

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    Construction Methods & Management

    CIEG 486-010

    Payments and related issues mobilization and initial costs

    retainage progress payments and partial payments

    material payments

    change orders

    substantial completion

    punchlist

    final acceptance and payment

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    Construction Methods & Management

    CIEG 486-010

    Changes in plans and specs

    clarification, correction, modifications prior to bidare referred to as addenda

    owner must maintain a system of distributing and

    acknowledging receipt of addendum

    plan and spec changes after award are referredto as revisions, and generally require issuance

    of a change order(s)

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    Construction Methods & Management

    CIEG 486-010

    Change Orders a written order issued by the owner to the

    contractor for a change to the contract within thescope of work

    change orders are written for: extra work

    increasing or decreasing the contract quantities alterations

    change orders state the basis and amount ofpayment and time extensions

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    Construction Methods & Management

    CIEG 486-010

    Contracts

    Liquidated damages

    Incentive/Disincentive (bonus/penalty)

    Acceleration

    Increase crew levels, crew size

    Add shifts and/or extend work hours

    CPM schedule is an extremelyvaluable tool inanalyzing delay claims

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    Construction Methods & Management

    CIEG 486-010

    Claims and Disputes

    a claim is a request by a contractor for additional

    compensation or time extension for occurrences

    beyond the contractors control including:

    differing or unexpected site conditions

    change in scope

    delays caused by the owner

    owner has duty to provide adequate, accurate data

    to the bidders

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    Construction Methods & Management

    CIEG 486-010

    Claims and Disputes Owner is liable to contractor when:

    inaccurate data are given

    extras develop because of improper design

    design is significantly changed after the contractis signed (constructive change)

    Contractor must prove entitlement and theassociated damages

    Contractor must provide timely notice of claimupon discovering impact

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    Construction Methods & Management

    CIEG 486-010

    Types of Claims

    delay or disruption claim

    extra work claim

    acceleration

    impossibility-of-performance claim

    defective design claim (error or omission)

    interference claim

    superior knowledge claim

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    Construction Methods & Management

    CIEG 486-010

    Dispute Resolution Early settlement between parties

    Alternative depute resolution (ADR)

    negotiation arbitration (1 or 3 members)

    mediation neutral advisors

    Dispute Review Board (DRB)

    3 or more odd number of board members selectedevenly by both sides

    Litigation sometimes unavoidable; usually undesirable; but

    sometimes best method

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    Construction Methods & Management

    CIEG 486-010

    Credits

    Credits reimbursement from contractor toowner for work eliminated (lump sum

    contract or item)

    Credit may also be given when specifiedperformance criteria is not met

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    Construction Methods & Management

    CIEG 486-010

    Claims Avoidance

    producing comprehensive, accurate, contract

    documents

    constructibility review

    clear understanding of contract requirements prior to

    bidding

    having good administrative procedures in place

    open and honest communication

    timely troubleshooting

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    Construction Methods & Management

    CIEG 486-010

    Claims Avoidance

    Claims avoidance begins in the pre-construction phase

    Contract documents need to be clear,

    accurate, comprehensive, and fairly

    distribute risk

    C i M h d & M

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    Construction Methods & Management

    CIEG 486-010

    Ability to influence cost over time Greatest potential to influence cost is during the

    pre-construction design phase

    Claims avoidance begins during pre-construction Design phase

    Intensive preparation and review of contract

    documents Careful consideration of methods and

    equipment = consider overall constructibility

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    100%

    0%

    Ability to Influence Construction Costs over Time

    Levelof

    Influence

    on

    Cost

    Oper.Concept &

    Feasibility

    Design and

    EngineeringProcurement and Construction Startup

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    Construction Methods & Management

    CIEG 486-010

    Design Professionals should:

    Specify locally available material

    Allow substitution of equal quality material

    Avoid one-ofa-kind or non-standard items

    where possibly

    Design structures with as many redundant

    elements as possible Design should allow construction using the

    prevailing methods and equipment

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    Construction Methods & Management

    CIEG 486-010

    Design Professionals should:

    Design to minimize required labor

    Specify a quality of workmanship consistent withthe quality of the project

    Do not require the contractor to assume

    responsibility for information that should be

    furnished by the design engineer/architect Produce simple, straight-forward specs = clearly

    state what is expected

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    Construction Methods & ManagementCIEG 486-010