A-B
actual cost. The cost of the work based on payment to the contractor for the actual time spent by the contractor's employees and subcontractors and the materials actually used.
addenda. Written or graphic instruments prepared by the design professional (sometimes in conjunction with the University) and issued by the University prior to the date for receipt of bids. Addenda modify or interpret the bidding documents through additions, deletions, or corrections.
Agreement (construction). The contract between the University and the contractor for construction of a project.
alternate. A proposed change in the work, as described in a bid, which, if accepted, may result in a change to either the contract sum, contract time, or both.
base bid. The sum stated in a bid, as the base for which the bidder offers to perform the work described in the bidding documents, to which work may be added, or from which work may be deleted for sums stated in alternates.
Beneficial Occupancy. A stage in the work when the University reserves the right, at its option and convenience, to occupy or otherwise use all or any part of the work prior to Substantial Completion or Final Completion upon 10 days' notice to the Contractor.
bid. A complete and properly signed offer to do the work for the sums stipulated therein, submitted in accordance with the bidding documents.
bidding documents. Documents given to bidders to enable them to prepare a bid. Bidding documents consist of the Cover Page, Certification, Table of Contents, Advertisement for Bids or Request for Bid, Project Directory, Instructions to Bidders, Supplementary Instructions to Bidders, Information Available to Bidders, Bid Form, Bid Bond, Agreement, General Conditions, Supplementary Conditions, Exhibits, Specifications, List of Drawings, Drawings, and Addenda.
C
California Code of Regulations (CCR). The publication known before January 1, 1988, as the California Administrative Code that is the official compilation of the adoption, amendment, or repeal of state agency regulations (many of which are applicable to University projects).
California Public Utilities Commission (CPUC). The commission with jurisdiction over matters concerning the operations of, and rates charged by, private utilities companies that serve the public throughout the state. The University's use of natural gas, electricity, and telecommunications services is subject to CPUC decisions affecting these services.
California State Contracts Register. On-line electronic publication of the California Department of General Services that lists services and construction contracts.
capital improvement project. Land or real property, construction, or capital equipment for construction included as a project in the Capital Improvement Program.
Capital Renewal and Replacement. The University program for upgrading or replacing facilities, major building systems, and supportive infrastructures beyond the funding limitations of OMP or deferred maintenance as a project in the Capital Improvement Program.
Certificate for Payment. A written instrument issued by the University's Representative upon receipt of a contractor's Application for Payment. The Certificate for Payment is issued to the University and authorizes payment to the contractor for the amount the University's Representative determines to be properly due.
change order. A post-award modification to a construction contract. A change order may clarify, revise, add to, or delete previous requirements of the work, adjust the contract sum, or adjust the contract time.
claim. A written demand or assertion by a contractor seeking adjustment or interpretation of the terms of the contract documents, payment of money, extension of time, or other relief with respect to the contract documents, or determination of other disputes or matters in question between the University and contractor regarding the contract documents or the performance of the work.
compensable delay. A delay in the completion of the work beyond the expiration date of the contract time and caused by the gross negligence or willful acts of the University, its employees, or the University's Representative. Compensable delays may entitle the contractor to an adjustment of the contract time and the contract sum.
construction. The act, art, or business of moving, demolishing, installing, or building a structure, facility, or system according to a plan or by a definite process. Construction consists of the application of any of these techniques to physical plant facilities such as structures, utilities, excavations, landscaping, site improvements, drainage systems and roads, and additions, deletions, or modifications of such facilities. All painting, regardless of whether exterior or interior painting of either new or existing structures is a form of construction.
construction contract. The executed Agreement between the contractor (or contractors) and the University that sets forth the work required to construct a project, the contract time, liquidated damages, the contract sum, and the contract documents.
construction cost. The actual cost to the University for the construction portion of the total project cost. Construction cost is a line item in the project's Capital Improvement Budget. In the final project budget, the construction cost is the final, adjusted contract sum.
construction documents. All of the written and graphic documents prepared or assembled by the design professional for communicating the project design and contract administration. Construction documents include both the bidding and contract documents.
construction manager. The person or firm responsible for coordinating and managing all or part of the construction process, including the design and bidding phases, as a member of the construction team consisting of University personnel, the design professional, and the contractor. Services are provided by a licensed architect, registered engineer, or licensed general contractor and may include construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project. The Construction Manager may act as the University’s Representative.
consultant. A person or firm engaged to render professional services to the University. Services may include, but are not limited to, architectural, landscape architectural, engineering, environmental, land surveying services, and real property development services.
consulting architect. An architect hired by the Facility to assist with general design standards and design reviews.
contract. (See construction contract.)
contract administration. The duties and responsibilities during the construction phase of a project as set forth in the design professional agreement and in the construction documents' General Conditions. The person or firm responsible for contract administration is listed in the construction Agreement.
contract documents. Documents containing the legally enforceable requirements that become part of the construction contract when the Agreement is signed. Contract documents consist of the Agreement, General Conditions, Supplementary Conditions, Exhibits, Specifications, List of Drawings, Drawings, Addenda, Certificates of Insurance, Payment Bond, Performance Bond, List of Subcontractors, List of Changes in Subcontractors Due to Alternates, Notice to Proceed, various contract modifications, Notice of Completion, and all other documents identified in the Agreement.
contract schedule. The schedule that graphically shows each project work activity, the start and finish times required for each activity, and the interrelationships between all work activities. This schedule is made and used by the contractor to coordinate the work of the subcontractors.
contract sum. The amount of compensation stated in the Agreement for the performance of the work. The contract sum may be adjusted only by change order.
contract time. The number of days set forth in the Agreement within which full completion of the work must be achieved. The contract time may be adjusted only by change order.
contractor. The person or firm responsible for performing the work and identified as such in the Agreement.
core (and non-core) construction documents. The Instructions to Bidders and the General Conditions are considered core University construction documents and are not to be changed by the Facilities. These documents have been carefully prepared to coordinate and conform with the other construction documents. The remaining construction documents are considered non-core documents and require completion by the Facility or the contractor.
critical path. The optimum sequence of work activities which, if delayed or extended, will delay the scheduled completion of one or more of the milestones specified in the contract schedule, the scheduled completion of the work, or both.
D-F
day. The term day, as used in the bidding and contract documents, means calendar day, unless otherwise specified.
default. The failure to fulfill a condition of the contract documents.
delivery method. A term used to describe the process by which a capital improvement project proceeds from concept, through design and construction, to occupancy. Delivery methods include the following:
- Conventional (design-bid-build)
- CM at Risk
- CM/Multiple Prime Trade
- Design-build
- Turnkey
- Lease-back
- Other (These include joint ventures, leasing, tenant improvements, and purchase of developer-owned projects.)
design. The various services required to produce drawings and other documents that fix and describe the size and character of an entire project; the architectural concept of a building as represented by site plans, floor plans, elevations, renderings, and other drawings.
design development. A project design phase in which all design decisions need to be completed. The design professional further develops the schematic design and architectural detailing and ensures that basic technical issues are resolved and are capable of technical description. Plan arrangements, specific space accommodations, equipment and furnishings, building design, materials and colors, and complete definitions of systems serving the project are developed.
design development documents. These documents record all decisions made by the design team prior to preparation of the construction documents, and they include architectural documents, engineered systems documents, and supporting data. The design development documents are formally presented to and approved by the University, thus completing the design development phase.
design professional. An architect, landscape architect or engineer (civil, structural, mechanical, and electrical), (person or firm) qualified and duly licensed to perform architectural or engineering services under contract to or employed by the University. The design professional prepares and signs the construction documents.
Detailed Project Program (DPP). A document describing a project in detail; an explanation of how and why a project is being developed that provides the designers with a Facility's standard architectural and engineering criteria, and shows how the project meets the University's and Facility's goals. The DPP may be prepared by a planning department, by a design professional, or by another consultant.
Environmental Impact Report (EIR). A Facility-prepared report that documents in detail the probable environmental impact of a proposed project. The EIR process includes publication and public review of a draft report. The final EIR incorporates responses to all comments received during the review period and also proposes measures designed to mitigate significant environmental impacts and a program for monitoring mitigation measures.
Environmental services. Services performed in connection with project development and permit processing in order to comply with federal and state environmental laws including the processing and awarding of claims pursuant to Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code.
executive. When the term "executive" is applied to design professionals, the term refers to the primary design professional on the project, licensed in the state of California, who is both liable and accountable for the overall project design. There may be other design professionals on the project, but they are not responsible for the overall design.
facility. A building, structure, site or ground improvement, or other item built or installed to serve the University's mission of providing academic, scientific, and public service. (See also Facility.)
Facility. A University of California campus, laboratory, unit of the Division of Agriculture and Natural Resources, or the location of any other administrative unit. (See also facility.)
Facility Audit and Inspection Program. A University program to inspect facilities in order to identify, prioritize, and categorize projects as deferred maintenance, Capital Renewal and Replacement, or Special Repairs.
field observation. A duty of the University's Representative to observe tests and inspections and to make acceptances required by the contract documents.
Field Order. A written instrument, issued by the University's Representative to, to provide instruction to a contractor when time required for preparation and execution of a formal Change Order would result in delay or stoppage of this work. A Field Order does not constitute a change in work or time unless stated. It must include a description of work and may include estimated adjustments of the contract sum and contract time. A Field Order may be issued before all terms of the change are fully agreed to by the University and the contractor but is not to be issued when the scope of the work and an estimated cost can be determined. A duly authorized Change Order shall replace a Field Order as soon as possible and shall bear appropriate reference to the Field Order.
Final Completion. That time when the work is fully completed and in accordance with the contract documents, as determined by the University's Representative.
G-L
General Funds. Funds in the budget for current operations and support from the state or from University sources.
geotechnical engineer. A person or firm that analyzes and inspects excavations, grading, compaction of soils, and the soil itself.
hazardous substances. Materials identified by the California Department of Industrial Relations as potential safety and health hazards.
hazardous waste. Waste products including infectious and toxic waste, chemicals, and radioactive elements that cannot be handled through regular refuse disposal procedures due to the hazardous nature of these waste products.
hearing officer. The person appointed by the Chair of the University's Construction Review Board to conduct an informal hearing and to make a decision on a request for subcontractor substitution, a bid protest, or a contractor disqualification.
Initial Study. A study prepared by the Facility during a project's planning phase that classifies the project's probable environmental impact. The Initial Study identifies areas of environmental concern and assesses whether potential impacts are sufficient to require the preparation of an Environmental Impact Report. If no significant impacts exist, a Negative Declaration is prepared instead.
inspection. Detailed evaluation of the work, which includes a field report documenting site conditions, work performed by the Contractor, work performed by University staff, and/or work performed by others in accordance with the approved contract specifications, construction documents, RFI's, field orders, change orders, and building code requirements.
inspection agency. A duly licensed person or firm specializing in construction inspections.
letter of instruction. Written instruction, issued by the University's Representative, that interprets or clarifies the contract documents without changing the scope of work or adjusting the contract sum or contract time and that is consistent with the intent of the contract documents.
license. A license gives the permission of the owner to an individual or an entity to use real property for a specific purpose. Unlike a lease, it does not transfer an interest in the real property. It is personal to the licensee and any attempt to transfer the license terminates it. It is (usually) revocable and can be either exclusive or non- exclusive.
liquidated damages. A fixed sum that is specified in the Agreement and which the contractor is assessed as a measure of damages that the University will suffer for each day the work remains incomplete beyond the expiration of the contract time.
long-range development plan (LRDP). A broad, comprehensive plan expressing policy as approved by The Regents on proposed future physical planning and development of a University Facility or its outlying areas.
lump-sum cost. A stipulated dollar amount for a project determined by including all work- related costs such as labor, materials, equipment rental, supervision, overhead, and profit.
M-O
maintenance. The ongoing upkeep of buildings, equipment, roads, grounds, and utilities required to keep a Facility in a condition adequate to support the University's academic, scientific, and public service functions.
maintenance, deferred. Maintenance, repair, and replacement work delayed from previous operating budget cycles due to a lack of funds.
maintenance, emergency. The repair or replacement of facility components or equipment requiring immediate attention because the functioning of a critical system is impaired or because health, safety, or security of life is endangered. Emergency maintenance supersedes all other categories of maintenance.
maintenance, planned. The upkeep of property, machinery, and facilities including buildings, utility systems, roads, and grounds. Planned maintenance is usually characterized by its routine or recurring nature. Its purpose is to keep facilities functional. (Planned maintenance is also called programmed or scheduled maintenance.)
maintenance, preventive. The periodic inspection, adjusting, minor repair, lubricating, reporting, and data recording necessary to minimize building equipment and utility system breakdowns and to maximize system and equipment efficiency.
major capital improvement project (for non-state projects). New construction, substantial alterations, extensions, or improvements to existing structures with an estimated cost in excess of $1 million. For projects with State money, the campus capital planning department should be contacted since the dollar threshold is adjusted biennially.
mediation. A process that provides for the intervention of an acceptable and impartial third party who assists and persuades contesting parties to reach a mutually acceptable settlement of their differences through an appropriate means of reconciliation, interpretation, clarification, suggestion, and advice.
minor capital improvement project (for non-state projects). New construction, substantial alterations, extensions, or improvements to existing structures with an estimated cost not to exceed $1 million. For projects with State money, the campus capital planning department should be contacted since the dollar threshold is adjusted biennially.
Notice of Completion. A notice filed by the University that signifies that the work, including punch list(s) and code violations, has been completed in accordance with the terms of the contract.
observation. (See field observation.)
OMP. Operation and maintenance of plant.
OMP functions. Aggregations of the basic tasks required to perform Facility operations and maintenance (also called operational elements ).
operating budget. A proposed plan of expenditure needed to operate the University for a fiscal period, excluding proposed expenditures for capital improvement projects.
operation. The methods used to carry out utility distribution, building locking and unlocking, transportation activities, energy conversion and conservation, and other support systems that are vital to the satisfactory functioning of the plant.