planning design and construction of schools presentedby vermont school boards insurance trust

PLANNING DESIGN AND PLANNING DESIGN AND CONSTRUCTION OF CONSTRUCTION OF

SCHOOLSSCHOOLS

PRESENTED PRESENTED BY BY

VERMONT SCHOOL BOARDS VERMONT SCHOOL BOARDS INSURANCE TRUSTINSURANCE TRUST

AGENDAAGENDA

THE KEY ELEMENTS OF A SUCCESSFUL CONSTRUCTION THE KEY ELEMENTS OF A SUCCESSFUL CONSTRUCTION PROJECTPROJECT

THE IMPORTANCE OF PLANNING AND COMPREHENSIVE THE IMPORTANCE OF PLANNING AND COMPREHENSIVE BUDGETINGBUDGETING

HOW TO SELECT ARCHITECTS, ENGINEERS AND CONTRACTORSHOW TO SELECT ARCHITECTS, ENGINEERS AND CONTRACTORS

TEAM BEHAVIORS: QUALITIES THAT CONTRIBUTE TO AND TEAM BEHAVIORS: QUALITIES THAT CONTRIBUTE TO AND DETRACT FROM A SUCCESSFUL PROJECTDETRACT FROM A SUCCESSFUL PROJECT

AFTER IT’S ALL OVER, “HOW DO YOU KNOW IF YOU GOT AFTER IT’S ALL OVER, “HOW DO YOU KNOW IF YOU GOT WHAT YOU PAID FOR?”WHAT YOU PAID FOR?”

PANEL DISCUSSION/QUESTIONS PANEL DISCUSSION/QUESTIONS

FROM PRYAMIDS TO SPACE PLATFORMS, STRUCTURES HAVE BEEN FROM PRYAMIDS TO SPACE PLATFORMS, STRUCTURES HAVE BEEN BUILT BY COMBINING PEOPLE, RESOURCES AND VISION WITHIN THE BUILT BY COMBINING PEOPLE, RESOURCES AND VISION WITHIN THE

CONTEXT OF AN ORGANIZATIONAL STRUCTURE TO ACHIEVE THE CONTEXT OF AN ORGANIZATIONAL STRUCTURE TO ACHIEVE THE

DESIRED (AND SOMETIMES, UNDESIRED), OUTCOME.DESIRED (AND SOMETIMES, UNDESIRED), OUTCOME.

ORGANIZATIONAL STRUCTURE

TECHNICALAND

PHYSICAL RESOURCES

FINANCIALRESOURCES

HUMAN RESOURCES

SCHOOLBOARD

EVERYBODYELSE

EVERYBODYELSE

EVERYBODYELSE

EVERYBODYELSE

EVERYBODYELSE

EVERYBODY ELSE

EVERYBODYELSE

EVERYBODY ELSE

EVERYBODYELSE

EVERYBODY ELSE

EVERYBODY ELSE

← C

ON

TRA

CTS

→←

CO

NTR

ACTS →

OWNER

ARCHITECT CONTRACTOR▲TEMPORARY IN NATURE▲CONTRACTUAL IN FORM▲VOID OF HISTORY AND CULTURE

6 PILLARS OF A SUCCESSFUL 6 PILLARS OF A SUCCESSFUL PROJECTPROJECT

IDENTIFY OR RETAIN IDENTIFY OR RETAIN “INTERNAL” EXPERIENCE“INTERNAL” EXPERIENCE

CHOOSE GOOD BUSINESS CHOOSE GOOD BUSINESS PARTNERSPARTNERS

SET HIGH EXPECTATIONSSET HIGH EXPECTATIONS UNDERSTAND YOUR UNDERSTAND YOUR

CONTRACTUAL CONTRACTUAL RELATIONSHIPS AND THE RELATIONSHIPS AND THE UNDERLYING UNDERLYING MOTIVATIONS OF THE MOTIVATIONS OF THE PARTIESPARTIES

ACQUIRE AND MAINTAIN ACQUIRE AND MAINTAIN LEVERAGE YET TREAT LEVERAGE YET TREAT PEOPLE JUSTLYPEOPLE JUSTLY

HOLD ALL PARTIES HOLD ALL PARTIES ACCOUNTABLEACCOUNTABLE

CONTRACTUAL CONTRACTUAL RELATIONSHIPSRELATIONSHIPS

William Alexander “Sandy” William Alexander “Sandy” FeadFead

Paul Frank & CollinsPaul Frank & Collins

One Church Street, PO Box 1307One Church Street, PO Box 1307

Burlington, VT 05402-1307Burlington, VT 05402-1307

802-658-2311802-658-2311

QualificationsQualifications

Lawyer since 1973Lawyer since 1973 General Counsel to Pizzagalli General Counsel to Pizzagalli

Construction Company from 1987 to Construction Company from 1987 to 19951995

Private practice since 1995 Private practice since 1995 representing owners and general representing owners and general contractorscontractors

ArbitratorArbitrator MediatorMediator

OverviewOverview Contract forms and negotiationContract forms and negotiation Bidding processBidding process Use of construction managementUse of construction management Prompt Payment of Construction Invoices ActPrompt Payment of Construction Invoices Act Lien LawLien Law BondsBonds Delays and Liquidated DamagesDelays and Liquidated Damages Substantial Completion and Certificates of Substantial Completion and Certificates of

OccupancyOccupancy Change OrdersChange Orders ClaimsClaims

Contract formsContract forms

Sources of formsSources of forms American Institute of ArchitectsAmerican Institute of Architects Association of General Contractors Association of General Contractors Engineers Joint Contract Documents Engineers Joint Contract Documents

CommitteeCommittee Construction Specifications InstituteConstruction Specifications Institute Proprietary formsProprietary forms

Format of Designer AgreementFormat of Designer Agreement

ArchitectArchitect Two part agreement:Two part agreement:

Standard Form of Architect’s ServicesStandard Form of Architect’s Services Design and Contract Administration ServicesDesign and Contract Administration Services Specialty Services moduleSpecialty Services module

EngineerEngineer OtherOther

Format for Construction Format for Construction ContractContract

Form of AgreementForm of Agreement General ConditionsGeneral Conditions Supplementary Conditions (customized)Supplementary Conditions (customized) DrawingsDrawings SpecificationsSpecifications Modifications (Change Orders and Field Modifications (Change Orders and Field

Orders)Orders) Other incorporated writingsOther incorporated writings

Cautions in DraftingCautions in Drafting

No form fits all – all forms need customizingNo form fits all – all forms need customizing Owner decision-making is requiredOwner decision-making is required Too much customization costs money in Too much customization costs money in

drafting and at bid timedrafting and at bid time Knowledgeable legal advice is recommendedKnowledgeable legal advice is recommended

Have lawyer involved with the designer contractHave lawyer involved with the designer contract Designer and lawyer work together for Designer and lawyer work together for

construction contractconstruction contract Changes to forms must be coordinated with Changes to forms must be coordinated with

other formsother forms

Bidding ProcessBidding Process

No bidding process required for No bidding process required for designer contractdesigner contract

Bidding process required for all Bidding process required for all construction contracts over $10,000construction contracts over $10,000

Prequalification required for Prequalification required for construction over $250,000construction over $250,000

Separate procedures for construction Separate procedures for construction managementmanagement

Construction Contracts between Construction Contracts between $10,000 and $249,999$10,000 and $249,999

Award to one of the threeAward to one of the three LowestLowest Responsible biddersResponsible bidders Conforming to the specificationsConforming to the specifications

Subject to right of district to reject all Subject to right of district to reject all bidsbids

Right to disregard “irregularities”Right to disregard “irregularities”

Construction Contracts between Construction Contracts between $10,000 and $249,999$10,000 and $249,999

Factors to consider in awarding Factors to consider in awarding contract:contract: Quantities involvedQuantities involved Time required for deliveryTime required for delivery Purpose for which item or service is Purpose for which item or service is

requiredrequired Competency of bidderCompetency of bidder Responsibility of bidderResponsibility of bidder Bidder’s ability to render satisfactory Bidder’s ability to render satisfactory

serviceservice

Construction Contracts over Construction Contracts over $250,000$250,000

Prequalify bidders based on criteria Prequalify bidders based on criteria established by boardestablished by board

Publicly advertise for interested Publicly advertise for interested contractors to submit applicationscontractors to submit applications

Determine list of qualified biddersDetermine list of qualified bidders All timely bids by qualified bidders All timely bids by qualified bidders

must be consideredmust be considered

Construction Contracts over Construction Contracts over $250,000$250,000

Bid awarded toBid awarded to LowestLowest Responsible bidResponsible bid Conforming to the specificationsConforming to the specifications

If two lowest are within 1% of each If two lowest are within 1% of each other, Board may award to either of other, Board may award to either of two lowest bidderstwo lowest bidders

Bid protestsBid protests

No specific procedure provided by No specific procedure provided by statute or rulestatute or rule

Must follow process set out in Must follow process set out in invitation for bidsinvitation for bids

Must follow due process: notice and Must follow due process: notice and opportunity to be heardopportunity to be heard

Get competent legal counselGet competent legal counsel

Construction ManagementConstruction Management

Two typesTwo types Advisor – District hires tradesAdvisor – District hires trades Constructor – Contractor hires tradesConstructor – Contractor hires trades

CM Advisor not subject to CM Advisor not subject to competitive biddingcompetitive bidding

CM Constructor is subject to CM Constructor is subject to competitive biddingcompetitive bidding


CM Constructor – competitive biddingCM Constructor – competitive bidding Fixed fee for services provided by the CM, with Fixed fee for services provided by the CM, with

a list and detailed breakdown of each itema list and detailed breakdown of each item Fixed fee to cover CM’s overhead and profitFixed fee to cover CM’s overhead and profit Fixed fee for CM’s general conditions costs, Fixed fee for CM’s general conditions costs,

with a list and detailed description of eachwith a list and detailed description of each Fixed fee can be a percentage if requested by Fixed fee can be a percentage if requested by

the Districtthe District Guaranteed maximum price contracts are Guaranteed maximum price contracts are

permissible if all savings accrue to the districtpermissible if all savings accrue to the district


CM Advisor:CM Advisor: Trade contracts are between the district Trade contracts are between the district

and the trade contractorsand the trade contractors All trade contracts in excess of $10,000 All trade contracts in excess of $10,000

must be bid like any other contract must be bid like any other contract

Prompt Payment of Construction Prompt Payment of Construction Invoices Act, 9 VSA Invoices Act, 9 VSA §§ 4001-7§§ 4001-7

Applies to Districts and their Applies to Districts and their contractorscontractors

Obligates Districts to pay in Obligates Districts to pay in accordance with their contracts with accordance with their contracts with contractors and designerscontractors and designers

Interest owed for late paymentsInterest owed for late payments Must pay retainage within 30 daysMust pay retainage within 30 days

Prompt Payment of Construction Prompt Payment of Construction Invoices Act, 9 VSA Invoices Act, 9 VSA §§ 4001-7§§ 4001-7

Limits authority to withhold payments to Limits authority to withhold payments to good faith value of claims against good faith value of claims against contractorcontractor

1% per month penalty for amounts 1% per month penalty for amounts wrongfully withheldwrongfully withheld

Award of attorneys fees to prevailing party Award of attorneys fees to prevailing party in a suit or arbitrationin a suit or arbitration

Contractor must pay subs within 7 days Contractor must pay subs within 7 days after receipt of payment from Districtafter receipt of payment from District

Lien Law, 9 VSA Lien Law, 9 VSA §§1921-8§§1921-8

Provides security to persons making Provides security to persons making improvements to real propertyimprovements to real property

Separate liens for generals and subsSeparate liens for generals and subs Question whether lien law applies to Question whether lien law applies to

school districtsschool districts No waiver of liens in advance of workNo waiver of liens in advance of work May not apply to designersMay not apply to designers


Lien for contractors having a contract Lien for contractors having a contract with the Districtwith the District Arises at time of making agreement with Arises at time of making agreement with

districtdistrict Extends to the full amount of the Extends to the full amount of the

contract pricecontract price Covers entire lot of land in same useCovers entire lot of land in same use Has priority as of the day of visual Has priority as of the day of visual

commencement of work on site or first commencement of work on site or first delivery of materialsdelivery of materials


Lien for (sub)contractors having a Lien for (sub)contractors having a contract with the contractor or agent contract with the contractor or agent of the Districtof the District Arises when give pre-lien notice to Arises when give pre-lien notice to

District or when file notice of lien in land District or when file notice of lien in land recordsrecords

Limited to amount owed to general Limited to amount owed to general contractor on date lien arisescontractor on date lien arises


Inchoate lien (“spirit of lien”)Inchoate lien (“spirit of lien”) Perfecting lienPerfecting lien

File notice of lien in land records within File notice of lien in land records within 120 days120 days

File suit and obtain attachment within File suit and obtain attachment within 90 days90 days

Lien judgment applies to land onlyLien judgment applies to land only Foreclosure suit on lien judgmentForeclosure suit on lien judgment

BondsBonds

Bid bondsBid bonds Performance bondsPerformance bonds Payment bondsPayment bonds Lien bondsLien bonds Maintenance bondsMaintenance bonds Warranty bondsWarranty bonds

Performance BondsPerformance Bonds

Conditioned on District fulfilling its Conditioned on District fulfilling its obligations under the contractobligations under the contract

Notify surety in event of default by Notify surety in event of default by contractorcontractor

Gives surety optionsGives surety options Fund the contractorFund the contractor Hire a follow on contractorHire a follow on contractor Pay the District for costs it incurs to complete Pay the District for costs it incurs to complete

the constructionthe construction May apply to cover construction defects May apply to cover construction defects

after project is completeafter project is complete

Payment bondsPayment bonds

Also called “Labor and Material” bondAlso called “Labor and Material” bond Substitute security for liensSubstitute security for liens Pays “claimants” who follow procedurePays “claimants” who follow procedure Definition of “claimants”Definition of “claimants” Procedure:Procedure:

Notice to contractor and surety within XX daysNotice to contractor and surety within XX days Method of giving noticeMethod of giving notice Time limit for suit on bondTime limit for suit on bond

District does not have rights under District does not have rights under payment bondpayment bond

Lien bondsLien bonds

Substituted as security for contractors and Substituted as security for contractors and subcontractors in lieu of lien on the land subcontractors in lieu of lien on the land and improvementsand improvements

May be provided as part of the court May be provided as part of the court process for perfecting lien orprocess for perfecting lien or

May be provided directly to a sub orMay be provided directly to a sub or May be provided by general directly to May be provided by general directly to

district to secure district against claim by district to secure district against claim by subsub

Miscellaneous BondsMiscellaneous Bonds

Used to secure performance of Used to secure performance of extended maintenance, warrantee or extended maintenance, warrantee or deferred completion requirements, deferred completion requirements, rather than withholding retainagerather than withholding retainage

Examples:Examples: ElevatorElevator LandscapingLandscaping

DelaysDelays

Excusable delaysExcusable delays Compensable DelaysCompensable Delays Unexcused DelaysUnexcused Delays

Liquidated damagesLiquidated damages

Determined at start of projectDetermined at start of project NOT a penaltyNOT a penalty Penalties are unenforceablePenalties are unenforceable Reasonable estimate of damages Reasonable estimate of damages

viewed from time of contractviewed from time of contract Actual damages irrelevantActual damages irrelevant

Substantial Completion and Substantial Completion and Certificates of OccupancyCertificates of Occupancy

Substantial Completion:Substantial Completion:

““the stage in the progress of the Work the stage in the progress of the Work when the Work or designated portion when the Work or designated portion thereof is sufficiently complete in thereof is sufficiently complete in accordance with the Contract Documents accordance with the Contract Documents so that the Owner can occupy or utilize the so that the Owner can occupy or utilize the Work for its intended use.”Work for its intended use.”

Note: does not include certificate of Note: does not include certificate of occupancyoccupancy

Substantial CompletionSubstantial Completion

ProcessProcess Contractor punchlistContractor punchlist Architect inspection and punchlistArchitect inspection and punchlist Architect CertificationArchitect Certification


Changes:Changes: OccupancyOccupancy Responsibility forResponsibility for

MaintenanceMaintenance SecuritySecurity UtilitiesUtilities InsuranceInsurance


Time for payment of retainageTime for payment of retainage Withholding for punchlist itemsWithholding for punchlist items Submission of releases and lien Submission of releases and lien

waiverswaivers Submission of consent of bonding Submission of consent of bonding

company to paymentcompany to payment

Reasons for ChangesReasons for Changes

Owner initiated changesOwner initiated changes Correction of design errorsCorrection of design errors Reasons in contractReasons in contract

Differing site conditionsDiffering site conditions Excused delaysExcused delays Changes in law, taxesChanges in law, taxes

Unavailability of materialsUnavailability of materials Substitutions by contractorSubstitutions by contractor

Change OrdersChange Orders

Money and/or timeMoney and/or time AdditiveAdditive DeductiveDeductive NetNet

Effect of changesEffect of changes DisruptionDisruption Stop/startStop/start Diversion of management timeDiversion of management time

Change Order ProcessChange Order Process

Change ordersChange orders Construction Change DirectivesConstruction Change Directives Field ordersField orders Written – yes; oral – no!!!Written – yes; oral – no!!! TimingTiming PricingPricing

ClaimsClaims

Definition:Definition:““A claim is a demand or assertion by A claim is a demand or assertion by one of the parties seeking, as a matter one of the parties seeking, as a matter of right, an adjustment or interpretation of right, an adjustment or interpretation of Contract terms, payment of money, of Contract terms, payment of money, extension of time or other relief with extension of time or other relief with respect to the terms of the Contract. respect to the terms of the Contract. The term ‘Claim’ also includes other The term ‘Claim’ also includes other disputes and matters in question disputes and matters in question between Owner and Contractor arising between Owner and Contractor arising out of or relating to the Contract.”out of or relating to the Contract.”

Common Types of ClaimsCommon Types of Claims

Changes – extra workChanges – extra work Differing site conditionsDiffering site conditions DelaysDelays AccelerationAcceleration Defective workDefective work

Claims ProcessClaims Process

Notice requirementsNotice requirements Waiver by conductWaiver by conduct

Initial decision by designerInitial decision by designer Role of designerRole of designer Input by party opposing claimInput by party opposing claim Possible decisions by designerPossible decisions by designer

Resolution of ClaimsResolution of Claims

NegotiationNegotiation MediationMediation ArbitrationArbitration LitigationLitigation

Thank youThank you

Sandy FeadSandy Fead

Paul Frank & CollinsPaul Frank & Collins

802-658-2311802-658-2311

““GREAT EXPECTATIONS” GREAT EXPECTATIONS” ARCHITECT SELECTION ARCHITECT SELECTION

AND PRE-QUALIFICATION AND PRE-QUALIFICATION OF CONTRACTORSOF CONTRACTORS

THE OWNERS SELECTION THE OWNERS SELECTION COMMITTEECOMMITTEE

SCHOOL BOARD REPRESENTATIVESSCHOOL BOARD REPRESENTATIVES SUPERINTENDENTSUPERINTENDENT BUSINESS MANAGERBUSINESS MANAGER PARENTS/CITIZENSPARENTS/CITIZENS FACILITIES MANAGERFACILITIES MANAGER PROJECT MANAGERPROJECT MANAGER CLERKCLERK

COMMON ELEMENTS OF ARCHITECT COMMON ELEMENTS OF ARCHITECT SELECTION PROCESSSELECTION PROCESS

THE OWNERS INITIAL VISION OF THE SCOPE OF THE OWNERS INITIAL VISION OF THE SCOPE OF WORK MUST BE ARTICULATED BEFORE THE PROCESS WORK MUST BE ARTICULATED BEFORE THE PROCESS OF EMPLOYING AN ARCHITECT CAN BEGINOF EMPLOYING AN ARCHITECT CAN BEGIN

THE ARCHITECTS QUALIFICATIONSTHE ARCHITECTS QUALIFICATIONS

THE TERMS OF AGREEMENT BETWEEN THE SCHOOL THE TERMS OF AGREEMENT BETWEEN THE SCHOOL DISTRICT AND THE ARCHITECTDISTRICT AND THE ARCHITECT

THE SYNERGY BETWEEN THE PROJECT TEAM THE SYNERGY BETWEEN THE PROJECT TEAM MEMBERSMEMBERS

TWO KEY FACTORS IN THE SELECTION PROCESS:TWO KEY FACTORS IN THE SELECTION PROCESS:▲THE OWNER MUST COMMUNICATE THEIR ▲THE OWNER MUST COMMUNICATE THEIR

EXPECTATIONS TO THE ARCHITECTEXPECTATIONS TO THE ARCHITECT

▲THE ARCHITECT, BY REASON OF THEIR ▲THE ARCHITECT, BY REASON OF THEIR EXPERIENCE, MUST POSSESS THE SKILLS TO EXPERIENCE, MUST POSSESS THE SKILLS TO

COMPLETE THE PROJECTCOMPLETE THE PROJECT

THE ARCHITECTS QUALIFICATIONSTHE ARCHITECTS QUALIFICATIONS

DEMONSTRATED COMPETENCE AND EXPERTISE OF BOTH DEMONSTRATED COMPETENCE AND EXPERTISE OF BOTH THE FIRM AND INDIVIDUALS IN THE FIRMTHE FIRM AND INDIVIDUALS IN THE FIRM

THE TRACK RECORD OF KEY INDIVIDUALS RESPONSIBLE THE TRACK RECORD OF KEY INDIVIDUALS RESPONSIBLE FOR THE DELIVERY OF THE PROJECT SHOULD BE FOR THE DELIVERY OF THE PROJECT SHOULD BE INVESTIGATEDINVESTIGATED

ARE THEY LICENSED TO WORK IN THE STATE OF ARE THEY LICENSED TO WORK IN THE STATE OF VERMONT?VERMONT?

ARE THEY FAMILIAR WITH ACT 250, LABOR AND ARE THEY FAMILIAR WITH ACT 250, LABOR AND INDUSTRY RULES, ETC.?INDUSTRY RULES, ETC.?

ARE THEY FAMILIAR WITH VERMONT’S WEATHER?ARE THEY FAMILIAR WITH VERMONT’S WEATHER?

WHO PREPARES THEIR ESTIMATES?WHO PREPARES THEIR ESTIMATES?

ASK TO REVIEW THEIR BID HISTORY ON PAST JOBSASK TO REVIEW THEIR BID HISTORY ON PAST JOBS

WERE BIDS ON PREVIOUS JOBS RELATIVELY CLOSE FROM WERE BIDS ON PREVIOUS JOBS RELATIVELY CLOSE FROM HIGHEST TO LOWEST?HIGHEST TO LOWEST?

HAVE THEM PROVIDE YOU AN ORGANIZATIONAL CHARTHAVE THEM PROVIDE YOU AN ORGANIZATIONAL CHART

WHO WOULD BE THE ARCHITECTS TEAM FOR YOUR JOB?WHO WOULD BE THE ARCHITECTS TEAM FOR YOUR JOB?

WHO WOULD BE YOUR CONTACT ARCHITECT?WHO WOULD BE YOUR CONTACT ARCHITECT?

WOULD YOUR TEAM OF ARCHITECTS BE WORKING ON WOULD YOUR TEAM OF ARCHITECTS BE WORKING ON OTHER JOBS?OTHER JOBS?

HOW WOULD THEIR OTHER WORK AFFECT YOUR JOB?HOW WOULD THEIR OTHER WORK AFFECT YOUR JOB?

HAVE THEM DESCRIBE THEIR INTERNAL QUALITY CONTROL HAVE THEM DESCRIBE THEIR INTERNAL QUALITY CONTROL AND CONFLICT RESOLUTION PROCEDURES?AND CONFLICT RESOLUTION PROCEDURES?

HOW DO THEY CHOOSE CONSULTING ENGINEERS?HOW DO THEY CHOOSE CONSULTING ENGINEERS?

HAVE THEM NAME THE LAST THREE FIRMS THEY HAVE HAVE THEM NAME THE LAST THREE FIRMS THEY HAVE USED FOR:USED FOR:

MECHANICAL ENGINEERINGMECHANICAL ENGINEERINGELECTRICAL ENGINEERINGELECTRICAL ENGINEERINGFIRE SAFETYFIRE SAFETYSPRINKLER SYSTEMSSPRINKLER SYSTEMSTELE-COMMUNICATIONSTELE-COMMUNICATIONS

THE FIRMS REPUTATION SHOULD NOT BE THE ONLY THE FIRMS REPUTATION SHOULD NOT BE THE ONLY CRITERIA USED TO EVALUATE THE FIRMCRITERIA USED TO EVALUATE THE FIRM

WITH RESPECT TO DESIGN/BUILD WORK, WHICH WITH RESPECT TO DESIGN/BUILD WORK, WHICH CONTRACTORS HAVE THEY OR ARE THEY NOW WORKING?CONTRACTORS HAVE THEY OR ARE THEY NOW WORKING?

CHECK REFERENCESCHECK REFERENCES

FORMER CLIENTSFORMER CLIENTS

CONTRACTORSCONTRACTORS

MAKE SURE YOU VISIT WITH YOUR MAKE SURE YOU VISIT WITH YOUR COUNTERPARTS AT SCHOOLS COUNTERPARTS AT SCHOOLS

WERE YOUR ARCHITECTS HAVE WERE YOUR ARCHITECTS HAVE WORKED!WORKED!

QUESTIONS TO ASK YOUR COUNTERPARTSQUESTIONS TO ASK YOUR COUNTERPARTS

WHAT FIRM DID YOU USE FOR YOUR RECENT ADDITION OR WHAT FIRM DID YOU USE FOR YOUR RECENT ADDITION OR RENOVATION?RENOVATION?

WHO SERVED AS YOUR PROJECT ARCHITECT?WHO SERVED AS YOUR PROJECT ARCHITECT?

DO YOU FEEL THEY RESPONDED TO YOUR OBJECTIVES AND DO YOU FEEL THEY RESPONDED TO YOUR OBJECTIVES AND NEEDS?NEEDS?

WERE YOU COMFORTABLE WITH THE WAY THEY WERE YOU COMFORTABLE WITH THE WAY THEY COMMUNICATED WITH YOU?COMMUNICATED WITH YOU?

WERE YOU SATISFIED WITH THE BUDGETARY ESTIMATES THEY WERE YOU SATISFIED WITH THE BUDGETARY ESTIMATES THEY PROVIDED YOU?PROVIDED YOU?

WERE THEY ABLE TO PROVIDE LIFE CYCLE COST INFORMATION WERE THEY ABLE TO PROVIDE LIFE CYCLE COST INFORMATION TO YOU?TO YOU?

HOW DO YOU FEEL THEY WERE AT RESOLVING PROBLEMS AND HOW DO YOU FEEL THEY WERE AT RESOLVING PROBLEMS AND TAKING RESPONSIBILITY FOR MISTAKES?TAKING RESPONSIBILITY FOR MISTAKES?

WERE YOU SATISFIED WITH THE NUMBER OF CHANGE WERE YOU SATISFIED WITH THE NUMBER OF CHANGE ORDER REQUESTS PROCESSED ON YOUR PROJECT?ORDER REQUESTS PROCESSED ON YOUR PROJECT?

DID THEY RESOLVE ISSUES QUICKLY DURING DID THEY RESOLVE ISSUES QUICKLY DURING CONSTRUCTION?CONSTRUCTION?

WERE YOU SATISFIED WITH THE WAY THEY MANAGED WERE YOU SATISFIED WITH THE WAY THEY MANAGED CONTINGENCY FUNDS?CONTINGENCY FUNDS?

WAS YOUR PROJECT COMPLETED ON TIME?WAS YOUR PROJECT COMPLETED ON TIME?

WAS YOUR PROJECT COMPLETED ON BUDGET?WAS YOUR PROJECT COMPLETED ON BUDGET?

IS THE OPERATING COST CONSISTENT WITH THE DESIGN IS THE OPERATING COST CONSISTENT WITH THE DESIGN EXPECTATIONS?EXPECTATIONS?

QUESTIONS TO ASK GENERAL CONTRACTORS WHEN QUESTIONS TO ASK GENERAL CONTRACTORS WHEN SEEKING TO EMPLOY AN ARCHITECTSEEKING TO EMPLOY AN ARCHITECT

WHO ARE THE TOP FIVE ARCHITECTURAL FIRMS YOU HAVE WHO ARE THE TOP FIVE ARCHITECTURAL FIRMS YOU HAVE WORKED WITH IN THE PAST FIVE YEARS?WORKED WITH IN THE PAST FIVE YEARS?

IS IS “ARCHITECT INC.”“ARCHITECT INC.” IN YOUR TOP TEN? IN YOUR TOP TEN? WOULD YOU SAY THE AMOUNT OF CHANGE ORDERS ON A WOULD YOU SAY THE AMOUNT OF CHANGE ORDERS ON A

“ARCHITECT INC”“ARCHITECT INC” JOB IS MORE OR LESS THAN NORMAL? JOB IS MORE OR LESS THAN NORMAL? WOULD YOU SAY THE QUALITY OF DRAWINGS AND WOULD YOU SAY THE QUALITY OF DRAWINGS AND

SPECIFICATIONS PROVIDED BY SPECIFICATIONS PROVIDED BY “ARCHITECT INC.”“ARCHITECT INC.” WERE WERE ADEQUATE TO EFFECTIVELY PREPARE A COMPETITIVE BID?ADEQUATE TO EFFECTIVELY PREPARE A COMPETITIVE BID?

DURING CONSTRUCTION DID YOU FEEL YOU RECEIVED DURING CONSTRUCTION DID YOU FEEL YOU RECEIVED ADEQUATE DIRECTION FROM THE ARCHITECT TO THE ADEQUATE DIRECTION FROM THE ARCHITECT TO THE OWNERS INTENT IN REGARDS TO THESE DOCUMENTS?OWNERS INTENT IN REGARDS TO THESE DOCUMENTS?

WOULD YOU SAY PROBLEM RESOLUTION ON THE PART OF WOULD YOU SAY PROBLEM RESOLUTION ON THE PART OF “ARCHITECT INC.” “ARCHITECT INC.” WAS PROVIDED AT NORMAL LEVEL?WAS PROVIDED AT NORMAL LEVEL?

FINAL ARCHITECT FINAL ARCHITECT SELECTIONSELECTION

CHOOSE THREE FINALIST FIRMSCHOOSE THREE FINALIST FIRMS NEGOTIATE WITH YOUR FIRST NEGOTIATE WITH YOUR FIRST

CHOICECHOICE IF YOU CAN’T COME TO FINANCIAL IF YOU CAN’T COME TO FINANCIAL

TERMS WITH YOUR FIRST CHOICE TERMS WITH YOUR FIRST CHOICE NEGOTIATE WITH YOUR SECOND NEGOTIATE WITH YOUR SECOND AND IF NEED BE YOUR THIRD.AND IF NEED BE YOUR THIRD.

TOTAL PROJECT BUDGETTOTAL PROJECT BUDGET

LAND ACQUISITIONLAND ACQUISITION CONSTRUCTION COSTCONSTRUCTION COST

NEW CONSTRUCTIONNEW CONSTRUCTIONREMODEL/RENOVATIONREMODEL/RENOVATIONSPEC’ FIXED EQUIPMENTSPEC’ FIXED EQUIPMENTSITE DEVELOPMENT/DEMOLITIONSITE DEVELOPMENT/DEMOLITIONPARKING AND LANDSCAPINGPARKING AND LANDSCAPINGUTILITIES EXTENSIONUTILITIES EXTENSIONOTHEROTHER

FEESFEESPROGRAMMINGPROGRAMMINGARCHITECT/ENGINEER ( %)ARCHITECT/ENGINEER ( %)CONSTRUCTION MANAGER ( %)CONSTRUCTION MANAGER ( %)PROJECT MANAGERPROJECT MANAGERCLERKCLERKCOMMISSIONING AGENT ( %)COMMISSIONING AGENT ( %)LEGAL CONSULTANTLEGAL CONSULTANTOTHER CONSULTANTSOTHER CONSULTANTSREIMBURSEABLES REIMBURSEABLES

F/F/E MOVABLEF/F/E MOVABLE CONTINGENCY/DESIGN PHASE ( %)CONTINGENCY/DESIGN PHASE ( %) CONTINGENCY/ CONSTRUCTION PHASE ( %)CONTINGENCY/ CONSTRUCTION PHASE ( %) INFLATION ADJUSTMENTINFLATION ADJUSTMENT PARKING RESERVE OR REPLACEMENTPARKING RESERVE OR REPLACEMENT HAZARDOUS MATERIALS ABATEMENTHAZARDOUS MATERIALS ABATEMENT TELECOM EQUIPMENTTELECOM EQUIPMENT ADDITIONAL COSTADDITIONAL COST

SURVEYSSURVEYSTESTINGTESTINGRELOCATIONRELOCATIONMOVE-IN COSTSMOVE-IN COSTSINSURANCE COSTINSURANCE COSTCONSTRUCTION INTEREST EXPENSECONSTRUCTION INTEREST EXPENSEDEBT ISSUANCEDEBT ISSUANCEPERMIT COSTPERMIT COSTPRINTING ADVERTISINGPRINTING ADVERTISING

OTHEROTHER

THE RELATIONSHIPS BETWEEN AND THE CONTRIBUTIONS OF THE RELATIONSHIPS BETWEEN AND THE CONTRIBUTIONS OF THE OWNER, ARCHITECT AND CONTRACTOR ARE KEY TO A THE OWNER, ARCHITECT AND CONTRACTOR ARE KEY TO A

SUCCESSFUL CONSTRUCTION PROJECT. SUCCESSFUL CONSTRUCTION PROJECT. FROM YOUR FROM YOUR PERSPECTIVE AS A OWNER, ARCHITECT OR CONTRACTOR PERSPECTIVE AS A OWNER, ARCHITECT OR CONTRACTOR

WHAT ARE THE QUALITIES AND BEHAVIORS OF EACH PLAYER WHAT ARE THE QUALITIES AND BEHAVIORS OF EACH PLAYER THAT CONTRIBUTE TO OR DETRACT FROM A SUCCESSFUL THAT CONTRIBUTE TO OR DETRACT FROM A SUCCESSFUL

PROJECT?PROJECT?

QUALITIES AND BEHAVIORS THAT CONTRIBUTE TO:

QUALITIES AND BEHAVIORS THAT CONTRIBUTE TO:

QUALITIES AND BEHAVIORS THAT DETRACT FROM:


QUALITIES AND BEHAVIORS THAT QUALITIES AND BEHAVIORS THAT CONTRIBUTE TO:CONTRIBUTE TO:

APPOINT ALL INCLUSIVE PROJECT TEAMAPPOINT ALL INCLUSIVE PROJECT TEAMALL STAKEHOLDERS – DECISION-MAKERSALL STAKEHOLDERS – DECISION-MAKERSDEFINE ROLES/RESPONSIBILITIESDEFINE ROLES/RESPONSIBILITIES

ESTABLISH PROJECT RESPONSIBILITIESESTABLISH PROJECT RESPONSIBILITIESWHAT, WHO, WHERE, WHENWHAT, WHO, WHERE, WHEN

COMPREHENSIVE REQUIREMENTS/SPECIFICATIONSCOMPREHENSIVE REQUIREMENTS/SPECIFICATIONSKNOW PARTICIPATING ENGINEERSKNOW PARTICIPATING ENGINEERS

REVIEW/COORDINATEREVIEW/COORDINATEAGAIN, AGAIN, AGAINAGAIN, AGAIN, AGAIN

WELL DEFINED CONTRACTWELL DEFINED CONTRACT MAINTAIN PROJECT TEAM THROUGHOUT MAINTAIN PROJECT TEAM THROUGHOUT

CONSTRUCTIONCONSTRUCTION


APPOINT ALL INCLUSIVE PROJECT TEAMAPPOINT ALL INCLUSIVE PROJECT TEAMALL STAKEHOLDERS – DECISION-MAKERSALL STAKEHOLDERS – DECISION-MAKERSDEFINE ROLES/RESPONSIBILITIESDEFINE ROLES/RESPONSIBILITIES

ESTABLISH PROJECT RESPONSIBILITIESESTABLISH PROJECT RESPONSIBILITIESWHAT, WHO, WHERE, WHENWHAT, WHO, WHERE, WHEN

COMPREHENSIVE REQUIREMENTS/SPECIFICATIONSCOMPREHENSIVE REQUIREMENTS/SPECIFICATIONSKNOW PARTICIPATING ENGINEERSKNOW PARTICIPATING ENGINEERS

REVIEW/COORDINATEREVIEW/COORDINATEAGAIN, AGAIN, AGAINAGAIN, AGAIN, AGAIN

WELL DEFINED CONTRACTWELL DEFINED CONTRACT MAINTAIN PROJECT TEAM THROUGHOUT MAINTAIN PROJECT TEAM THROUGHOUT

CONSTRUCTIONCONSTRUCTION

OWNER

QUALITIES AND BEHAVIORS THAT DETRACT FROM:•Fast-track

•General Requirements/Specifications

•Inadequate Agency Coordination

•Inadequate Project Oversight•Details, Details, Details

•General Meeting Minutes

•Assign Responsibilities for Tasks•During Construction Phase

•General Punch list

QUALITIES AND BEHAVIORS THAT DETRACT FROM:•Fast-track

•General Requirements/Specifications

•Inadequate Agency Coordination

•Inadequate Project Oversight•Details, Details, Details

•General Meeting Minutes

•Assign Responsibilities for Tasks•During Construction Phase

•General Punch list

OWNER


UNDERSTAND THE OWNERS SCHEDULE, BUDGET AND UNDERSTAND THE OWNERS SCHEDULE, BUDGET AND PROGRAMMATIC REQUIREMENTS. PROGRAMMATIC REQUIREMENTS.

BE CLEAR WITH THE OWNER HOW THE DESIGN HAS BE CLEAR WITH THE OWNER HOW THE DESIGN HAS INCORPORATED PROGRAM REQUIREMENTS, AND INCORPORATED PROGRAM REQUIREMENTS, AND WHAT CHANGES/COMPROMISES ARE REQUIREDAND WHAT CHANGES/COMPROMISES ARE REQUIREDAND WHY?WHY?

KEEP A CLEAR UNDERSTANDING OF THE BUDGET KEEP A CLEAR UNDERSTANDING OF THE BUDGET WITH THE OWNER.WITH THE OWNER.

ARCHITECTS SHOULD NOT DO DETAILED ESTIMATING.ARCHITECTS SHOULD NOT DO DETAILED ESTIMATING. BE ON TIME.BE ON TIME. BE PROACTIVE IN RESOLVING PROBLEMS.BE PROACTIVE IN RESOLVING PROBLEMS.


UNDERSTAND THE OWNERS SCHEDULE, BUDGET AND UNDERSTAND THE OWNERS SCHEDULE, BUDGET AND PROGRAMMATIC REQUIREMENTS. PROGRAMMATIC REQUIREMENTS.

BE CLEAR WITH THE OWNER HOW THE DESIGN HAS BE CLEAR WITH THE OWNER HOW THE DESIGN HAS INCORPORATED PROGRAM REQUIREMENTS, AND INCORPORATED PROGRAM REQUIREMENTS, AND WHAT CHANGES/COMPROMISES ARE REQUIREDAND WHAT CHANGES/COMPROMISES ARE REQUIREDAND WHY?WHY?

KEEP A CLEAR UNDERSTANDING OF THE BUDGET KEEP A CLEAR UNDERSTANDING OF THE BUDGET WITH THE OWNER.WITH THE OWNER.

ARCHITECTS SHOULD NOT DO DETAILED ESTIMATING.ARCHITECTS SHOULD NOT DO DETAILED ESTIMATING. BE ON TIME.BE ON TIME. BE PROACTIVE IN RESOLVING PROBLEMS.BE PROACTIVE IN RESOLVING PROBLEMS.

ARCHITECT


•BE PROACTIVE IN RESOLVING PROBLEMS.•BE ON TIME•ARCHITECTS SHOULD NOT DO DETAILED ESTIMATING.•KEEP A CLEAR UNDERSTANDING OF THE BUDGET WITH THE OWNER.•BE CLEAR WITH THE OWNER HOW THE DESIGN HAS INCORPORATED PROGRAM REQUIREMENTS, AND WHAT CHANGES/COMPROMISES ARE REQUIRED AND WHY?•UNDERSTAND THE OWNERS SCHEDULE, BUDGET AND PROGRAMMATIC REQUIREMENTS.


•BE PROACTIVE IN RESOLVING PROBLEMS.•BE ON TIME•ARCHITECTS SHOULD NOT DO DETAILED ESTIMATING.•KEEP A CLEAR UNDERSTANDING OF THE BUDGET WITH THE OWNER.•BE CLEAR WITH THE OWNER HOW THE DESIGN HAS INCORPORATED PROGRAM REQUIREMENTS, AND WHAT CHANGES/COMPROMISES ARE REQUIRED AND WHY?•UNDERSTAND THE OWNERS SCHEDULE, BUDGET AND PROGRAMMATIC REQUIREMENTS.

ARCHITECT



GOOD PROJECT BUDGETING

GOOD DOCUMENTS

PROFESSIONAL CLERK

GOOD GENERAL AND SUBCONTRACTORSTEAMWORK

TEAM FLEXIBILITY

CONTRACTOR



ADVERSARIAL MANAGEMENT STYLE

FAILURE TO TAKE RESPONSIBILITY

OVERLY AGGRESSIVE SCHEDULES

MANAGEMENT BY COMMITTEE

CONTRACTOR

SIX BASIC DESIGN PHASES:SIX BASIC DESIGN PHASES:

PROGRAMMING PROGRAMMING A DETAILED STATEMENT OF THE OWNERS REQUIREMENTSA DETAILED STATEMENT OF THE OWNERS REQUIREMENTS

SCHEMATICSCHEMATICTHE FIRST TRANSLATION OF WRITTEN REQUIREMENTS INTO A CONCEPTUAL FACILITY THE FIRST TRANSLATION OF WRITTEN REQUIREMENTS INTO A CONCEPTUAL FACILITY DESIGN.DESIGN.

DESIGN DEVELOPMENTDESIGN DEVELOPMENTDESIGN DEVELOPMENT CORRECTS MISINTERPRETATIONS AND PRESENTS AN DESIGN DEVELOPMENT CORRECTS MISINTERPRETATIONS AND PRESENTS AN ORGANIZED FACILITY THAT THE DESIGN TEAM WILL EXECUTE AND THAT WILL MEET ORGANIZED FACILITY THAT THE DESIGN TEAM WILL EXECUTE AND THAT WILL MEET THE OWNERS REQUIREMENTS.THE OWNERS REQUIREMENTS.

CONTRACT DOCUMENTSCONTRACT DOCUMENTSPROVIDE ALL THE DETAILS NECESSARY FOR A CONTRACTOR TO BUILD THE FACILITY. PROVIDE ALL THE DETAILS NECESSARY FOR A CONTRACTOR TO BUILD THE FACILITY.

BIDDINGBIDDINGCOMMITS A CONTRACTOR TO CONSTRUCT THE FACILITY FOR A SPECIFIC PRICE BY A COMMITS A CONTRACTOR TO CONSTRUCT THE FACILITY FOR A SPECIFIC PRICE BY A SPECIFIED COMPLETION DATE.SPECIFIED COMPLETION DATE.

COMMISSIONINGCOMMISSIONINGENSURES THAT SYSTEMS ARE INSTALLED, FUNCTIONALLY TESTED, AND CAPABLE OF ENSURES THAT SYSTEMS ARE INSTALLED, FUNCTIONALLY TESTED, AND CAPABLE OF BEING OPERATED AND MAINTAINED TO PERFORM IN CONFORMITY WITH THE DESIGN BEING OPERATED AND MAINTAINED TO PERFORM IN CONFORMITY WITH THE DESIGN INTENT AND THE OWNERS NEED.INTENT AND THE OWNERS NEED.

6 PILLARS OF A SUCCESSFUL 6 PILLARS OF A SUCCESSFUL PROJECTPROJECT

IDENTIFY OR RETAIN IDENTIFY OR RETAIN “INTERNAL” EXPERIENCE“INTERNAL” EXPERIENCE

CHOOSE GOOD BUSINESS CHOOSE GOOD BUSINESS PARTNERSPARTNERS

SET HIGH EXPECTATIONSSET HIGH EXPECTATIONS UNDERSTAND YOUR UNDERSTAND YOUR

CONTRACTUAL CONTRACTUAL RELATIONSHIPS AND THE RELATIONSHIPS AND THE UNDERLYING MOTIVATIONS UNDERLYING MOTIVATIONS OF THE PARTIESOF THE PARTIES

ACQUIRE AND MAINTAIN ACQUIRE AND MAINTAIN LEVERAGE YET TREAT LEVERAGE YET TREAT PEOPLE JUSTLYPEOPLE JUSTLY

HOLD ALL PARTIES HOLD ALL PARTIES ACCOUNTABLEACCOUNTABLE

PRESENTERSPRESENTERS

JOHN GUTMANJOHN GUTMANPresidentPresidentVermont School Board Insurance TrustVermont School Board Insurance Trust2 Prospect Street, Suite 52 Prospect Street, Suite 5Montpelier, VT 05602Montpelier, VT [email protected]@vsbit.org

CATHY HILGENDORFCATHY HILGENDORFSchool ConstructionSchool ConstructionDepartment of EducationDepartment of EducationState of VermontState of Vermont120 State Street120 State StreetMontpelier, VT 05602Montpelier, VT 056021-802-828-54021-802-828-5402chilgendorf@[email protected]

TIM PEDROTTYTIM PEDROTTYPhysical Plant ConsultantPhysical Plant ConsultantVermont School Board Insurance TrustVermont School Board Insurance Trust2 Prospect Street, Suite 52 Prospect Street, Suite 5Montpelier, VT 05602Montpelier, VT [email protected]@vsbit.org

WILLIAM ALEXANDER (“SANDY”) FEAD, Esq.WILLIAM ALEXANDER (“SANDY”) FEAD, Esq.Paul, Frank & CollinsPaul, Frank & CollinsOne Church Street, P.O. Box 1307One Church Street, P.O. Box 1307Burlington, VT 05402-1307Burlington, VT [email protected]@pfclaw.com

ROGER DERBYROGER DERBYChief Operations OfficerChief Operations OfficerChittenden Central Supervisory UnionChittenden Central Supervisory Union7 Meadow Terrace7 Meadow TerraceEssex Junction, VT 05452Essex Junction, VT [email protected]@ejhs.k12.vt.us

TYLER SCOTTTYLER SCOTTArchitectArchitectScott and PartnersScott and Partners20 Main Street20 Main StreetEssex Junction, VT 05452Essex Junction, VT [email protected]@scottpartners.com

DON STEWARTDON STEWARTGeneral ContractorGeneral Contractor24 Pearl Street24 Pearl StreetEssex Junction VT 05450Essex Junction VT 054501-802-879-05001-802-879-0500dstewart@[email protected]

WILLIAM A. TURNERWILLIAM A. TURNERTurner Building Science, LLCTurner Building Science, LLCArchitects & Engineers,Architects & Engineers,Building Scientists, Industrial HygienistsBuilding Scientists, Industrial HygienistsThe H.L. Turner Group Inc.The H.L. Turner Group Inc.26 Pinewood Lane26 Pinewood LaneHarrison, Maine 04040 USAHarrison, Maine 04040 USA1-207-583-4571 ext. #111-207-583-4571 ext. #11www.turnerbuildingscience.comwww.turnerbuildingscience.com

planning design and construction of schools presentedby vermont school boards insurance trust

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