A construction contract of the Strategic Computing-戰略計算機的建造合同

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03-14, 2014

INTRODUCTION
引言

This paper aims to present a new building process and project system. The two sides are:Department of Energy, LIPOPO National Laboratory, UK，the owner and Design Well LTD, the constructor. The former one, planned to set up a building in the LIPOPO, UK，in December 2007. Since it was particularly designed for the world class super computers and a nuclear weapons design staff. The later one would pay more attention to the balance safety, security, efficiency, life-cycle costs, working condition,what’s more,and the need for flexibility to address changing computing technology. Once completed, in the following year, the Strategic Computing Complex will lead the cutting-edge large-scale computing industry. After the two sides signed the design contract in October 2005, Laboratory Director highly praised the staff, sparing no effort to strengthen the stockpile stewardship program at the Laboratory and around the complex. The sign of the design contract will result in a facility that will become an essential resource in fulfilling stockpile stewardship mission.
本文旨在提出一個新的建設過程和項目系統。雙方分別是：能源部，英國LIPOPO國家實驗室，好設計公司的創始人，該構造函數。前者，計劃在 2007年12月成立一個建筑。因為它是特別設計的，世界級超級計算機和核武器設計人員。后來的人會更注重平衡安全，保安，效率高，壽命周期成本，工作狀態，更重要的是，和需要靈活地應對不斷變化的計算技術。一旦完成，在接下來的一年中，戰略計算復雜會導致尖端大規模計算產業。后雙方于2005年10月簽訂的設計合同，實驗室主任高度贊揚了工作人員，不遺余力地加強在實驗室和周圍的復雜的庫存管理方案。設計合同的簽署將導致一個設施，將成為實現庫存管理任務的基本資源。

Build and design
建立和設計

A good begin is half success, especially to the construction. On one aspect, the decisions and ideas into realities depend on design; on the other aspect, the design tries to make the construction of the project more economic and scientifically, thus lead the cost control of the whole project reasonable. In the mean time, the design phase will also decide the scale and standard of the construction project and total investment (Pettee, Stephen R, 2005). Some studies say that, the design of the project determine the 75%～90%of the total investment. From what has been mentioned above, the design is the first thing to be scheduled after the decision of the project. Base on the management of design phase and study on the cost control mechanism and methods during the design stage, the designer try their best to put the cost under control, since it is the most fundamental and centric problem. in regarding to this, a good design team is deadly required by the property owner,which includes architects, interior designers, surveyors, civil engineers, cost engineers，mechanical engineers, electrical engineers, structural engineers, and fire protection engineers (Eric ,2005). Everyone in the team plays his role, such as, plan the physical proceedings, and to integrate those proceedings with the other parts. After the design is completed, what’s following is a bid for the work by a number of construction companies or construction management companies, according to either directly the design or to the drawings and a bill of quantities provided by a quantity surveyor. It is obvious that the owner will sign the contract with the one with the lowest responsible bidder. The design of theStrategic Computing Complex is that: a three-story structure with a total of approximately 300,000 square feet of space. There is a 50,000 square-foot computer room for the world’s class computers. To support the computer area, electrical and mechanical rooms in excess of 60,000 square feet are available. For the approximately 300 nuclear weapons designers, computer scientists, code developers, and university and industrial scientists and engineers to collaborate, the facility will provide a dynamic environment, thus, they could extend the cutting edge of simulation and modeling development in support of the stockpile stewardship program. Design Well Ltd will finish the building located in technical Area at the LIPOLO Laboratory in the 2nd quarter of fiscal year 2007.#p#分頁標題#e#
良好的開始是成功的一半，特別是對施工。在一個方面，決定和想法變成現實取決于設計，在其他方面，我們設計試圖使項目建設更加經濟，科學，從而導致整個項目的成本控制合理。與此同時，在設計階段也將決定建設項目和總投資（ Pettee ，斯蒂芬· R， 2005）的規模和水平。有研究說，該項目的設計決定了75 ％ ? 90 ％的總投資。上面已經提到的，設計是項目的決定后，被安排的第一件事。底座上設計階段和學習上的成本控制機制，在設計階段方法的管理，設計師盡量把成本控制住，因為它是最根本，最中心的問題。在關于這一點，一個好的設計團隊是致命的要求的業主，其中包括建筑師，室內設計師，測量師，土木工程師，造價工程師，機械工程師，電氣工程師，結構工程師，以及消防工程師（埃里克， 2005）。每個人在團隊中扮演他的角色，比如，計劃在物理程序，并將這些程序整合的其他部分。設計完成后，什么以下是一些施工企業或施工管理公司的申辦工作，根據直接設計或圖紙和由工料測量師提供大量的鈔票。很明顯，店主會簽署一個最低投標人負責的合同。計算復雜的設計理念是：一個三層結構，合共約300,000平方呎的空間。有一個50,000平方英尺的機房為世界級的電腦。為了支持計算機領域，提供電氣和機械的客房超過60,000平方英尺。對于核武器的約300名設計師，計算機科學家，代碼開發人員，以及大學和工業界的科學家和工程師進行合作，該設施將提供一個動態的環境，因此，他們可以延長仿真和建模發展的前沿，支持囤貨管理方案。設計好公司將完成位于技術領域的LIPOLO實驗室在2007年第二季度建設。

Mapping of the Current Process
當前進程的制圖

In recent years, a new business model is becoming more and more popular, in brief, Design and Build package, which is let out by the owners, especially for the government agencies, as a result of this, the contract is known as Design-Build contract, and the construction team is known as the design-builder. In contrast with the conventional design-bid-build contract, in which the design is totally made by the owner, then bid on and completed. While in the new type of the contract, related information like fixtures, fittings and necessary equipment for a completed fully functional building are included in the Design and Build package. Apart from that, staffs such as finding the site, arranging funding and applying for all necessary statutory consents are also included in the Design and Build package. The design-builder shoulders the responsibility for the owner’s requirements of the whole project, serving for the project’s goal. To get a satisfactory building, the owner selects the best ideas presented by different D&B constrictors, for accomplishing the project. After that, the owner will hire the consortium of several contractors instead of just one contractor. At the beginning of the project, defined as the phase 1 of the project, they take a concept developed by the owner and complete the detailed design, at the same time, they design phase 2. And also they will proceed with the construction by pending the owner’s approval on the design. In this type of Design and Construction technology, it has done favor to the contractors to complete the construction efficiently.#p#分頁標題#e#

By taking advantage of the proposal of the opportunities for economic growth in LIPOLO, the DESIGN WELL LTDwon this contract after the fierce competition over the last six months. The workers of this construction project will spare no effort to complete the project. So far, some other constructors have subcontracted the mechanical and electrical work. In the early stage of the project, the DESIGN WELL LTDcommitted to holding a Contract Fair. The purpose of the Contract Fair is to educate the local LIPOLO subcontractor and supplier community not only with knowledge of the project but also with the opportunities that exist. Shortly after the Fair are the routine briefings to subcontractor and supplier community, for the sake of keeping them well informed of specific solicitation opportunities

It is true that a good construction plan is an extremely challenging problem, because it involves specific problems or opportunities that in request of intelligence and creativity. Needless to say, the past experience and numerous possible plans lend a hand to the construction planning. However, the development of a good facility design requires the development of a construction plan to keep in track of. On a large scale, the planner must weigh the costs and reliability of different options while at the same time insuring technical feasibility (Jeff，2005). However, construction planning is more than the above, as the building process is dynamic as the site and the physical facility change over time as construction proceeds; it needs to keep up with the changes. In a nutshell, construction operations tend to be fairly standard from one project to another, while structural or foundation details might differ considerably from one facility to another. That is to say, it is almost impossible to offer direct guidance on general procedures or strategies to form good plans under all the circumstances. To solve this problem, in case this problem occurs during the design process, planning is divided into sub problems in the strategies of decomposition, and subdivide the general activities into more specific tasks in the hierarchical planning, which has been prove to be of good use in many cases. In addition, some recommendations or issues describing the characteristics of good plans are also available, but construction planner should not depend on these to discover a good plan because it doesn’t tell.

Concluding from the above mentioned, the planning process for construction projects can be divided into three stages from the standpoint of construction contractors or the construction division of large firms. The planning gets through the construction projects, in specific, at the very beginning of the plan for the construction of a facility, at that time, the zoning and planning boards of the AHJ will review the overall compliance of the proposed building with the municipal General Plan and zoning regulations. In the following time, once the proposed building was approved, architectural, structural plans and detailed civil must be submitted to the municipal building department to decide compliance with the building code and even the fit with existing infrastructure. Then at the time when evaluation of the final output of the construction, it is often the case for the municipal fire department to review the plans for compliance with fire-safety ordinances and regulations. To get it boiled down, the planning process for construction projects take place from the very beginning of the project to the final of the construction.#p#分頁標題#e#

Cost of construction
建設成本

There are various ways of estimating costs according to different industry. Take a construction project for example, after the decision of submit a bid, the estimating process then will be made. Before making a decision, the estimator not only needs to review various preliminary drawings and specifications, but also to visit the site of the proposed project to gather information on access to the site; the availability of electricity, water, and other services; and surface topography and drainage. What’s more, these data will be recorded to do well to the final project estimate. Shortly after that, materials and labor will be worked out to fulfill the project. In a project, there is always a cost estimator, working out the project costs including all the staffs. Besides general contractor cost estimator, there are subcontractors estimate their own bidding process costs, which is an important source for the general contractor. However, the above mentioned costs is made under formal conditions, there is always exceptions, for example, wasted materials, inclement weather, shipping delays, and other factors. In addition, a lot of problems will occur during the beginning process: physical constraints of the site, the order of the operations, what the size of the crew and so on.

The cost expenses involve many aspects, and they can be listed according to different stages of the construction project. At the beginning of the facility: the followings are taken into consideration, first of all, land acquisition, secondly, Planning and feasibility studies, what follow are architectural and engineering design, construction financing, owner’s general office overhead, construction, including materials, equipment and labor, field supervision of construction , insurance and taxes during construction, equipment and furnishings not included in construction, inspection and testing. In the following years of the project, the additional expenses will occur: land rent, if applicable, periodic renovations, labor and material for maintenance and repairs, financing costs, utilities, operating staff and what’s the most unpredictable is the Insurance, which can be proved in the following case: because of the injury out of 600,000 labor hour. The majority of the workers lost their lives while only a very minority was found, but both back strains. A larges quantity of special designs including conference rooms, collaboration laboratories, class rooms and break areas were built to offer Laboratory the latest supports of high-performance computing. In this way, many special materials are required, 650 tons of reinforcing steel, 1,400 tons of structural steel, 12,000 cubic yards of concrete, more than 1,350 miles of fiber optic cable and more than 8,000 gallons of paint.

As things go on, after collecting all of the relating data, it is adequate time for the estimator to conclude the cost plan of the whole project, which relates to lobar, equipment, subcontracts, overhead, taxes, insurance and so on. For a large construction company, more than one estimator is employed. And they play different roles to make the plan more accurate. For instance, in the construction project, one may only estimate some specifics, such as, electrical work and the other aspects like excavation, concrete and forms may be done by another one. When put the project into practice, some cost estimators will be employed to keep track of the project development, in case of accidents. Since the estimating involves a large numbers and will refer to complex mathematical calculation and it often beyond cost estimators, at that time, computers will do a favor to people, and it will usea computer database containing information on the costs and conditions of many other similar projects, anglicizing the quantities of the numbers quickly and accurately. As a result, the calculation of computer can relieve estimators of much of the drudgery relating to routine, time-consuming calculations and repetitive in some degree because the computers cannot do all of the task of the estimators. The larger a project is, the more complex of the calculations, but nowadays, more advanced cost estimating software has been developed to keep up with the complex project analysis, which includes highly complex financial plans. As calculations of the construction are such a complex process, so the analysis may be sold when portions of the project are finished. As a consequence, the building construction project may make use of the already analysis data, applying them in each stage of the building construction project. However, not all of the English speaking countries use these quantity surveyors; the United States is an exception.#p#分頁標題#e#

It is a practical problem that some space shall be removed to make room for the cars, by which the most workers go to work. The total number of the people arrive at the laboratory is over 12,000. Among them, some ride in car or van pools, some ride bicycles and the other transportations except cars or trucks, but they only possess a small number of the whole staff. So when the largest parking lot in TA-3 eliminated over the next three months, for the new Strategic Computing Complex. Taking this into consideration, The Lipolo will award a contract for a new parking lot elsewhere in TA-3 to substitute the original spaces in the large lot between two roads, south of the complex. The contract, which is part of the many million dollar project, also requires improving the road into for road to make driving in the TA-3 area safer.However, the above mentioned costs is made under formal conditions, there is always exceptions, for example, wasted materials, inclement weather, shipping delays, and other factors. In addition, a lot of problems will occur during the beginning process: physical constraints of the site, the order of the operations, what the size of the crew and so on.

Eliminating waste
消除浪費

All waste material incidentals to the construction or demolition industries can be defined construction waste, which resembles waste building materials, it consists of dredging materials, tree stumps and rubble. Because many certain components of construction waste contain hazardous substances such as lead and asbestos and so on, so they will do harm to the environment once abandoned, for example, once the plasterboard is landfilled, it will release hydrogen sulfide, a toxic gas. However, much construction waste can be recycled, especially according the guidance of the government and local authorities. As an illustration, rubble can be crushed and reused in construction projects while waste wood can be dealt in that way too. Moreover, government or local authorities make them as rules that the quantity of the waste sorted before it is hulled wait to treatments facilities or landfills; hence, it will reduce the waste. On the other hand, the authorities have ascertained that some hazardous materials should be moves or demoted, according to safety guidelines and restrictions. Remove the toxic elements such as lead, asbestos or radioactive materials.

It is a common sense that, all three groups of the construction: the owner, the contractor and the worker, try to benefit from the project. However, the conventional design bid build environment does not produce the best results for three groups, on the contrary, each of them are often quarrelling with each other to try to surprises another, compared to a downward spiral of lose-lose. Consequently, a new construction style comes into being, lean construction, and production management-based project delivery system making the best use of the delivery of value. It’s based on collaboration, communication and mutual respect of the three. All three groups take advantages of the lean construction because its aim is to maximize value while minimize waste, pursuing perfection. Reducing the waste caused by unpredictable workflow, which includes seven categories: defects, over processing, maintaining excess inventory, unnecessary movement of people, overproduction, and delays due to waiting for upstream activities to finish before another job can begin and unnecessary transport of materials. From the aspect of the benefit of all project stakeholders, lean construction concentrate on maximizing value and eliminating waste, and it does has advantages#p#分頁標題#e#

Project Management
項目管理

Of the two sides in the construction, the constructor need to manage construction, which defined as construction management, according to the

Construction Management Association of America (CMAA), a Construction Manager shoulders the 120 most common responsibilities falling into 7 categories. In specifics they are Project Management Planning, Quality Management, Safety Management, Contract Administration, Cost Management, Time Management, and CM Professional Practice which includes responsibilities and management structure of the project management team definition, organizing and lead by implementing project controls, identification of the of project design and construction giving rise to disputes and claims, and definition of role and responsibilities and development of communication protocols. In a nutshell, either the study and practice of the managerial and technological aspects of the construction industry or one party of a business model provides both design and construction advice serving as a construction consultant

The two disciplines of project are life cycle and methodology, each of them play an important role individually, thus to guarantee the process of project. That is to say, the life cycle, moderate related to project, is usually consisted of beginning, programming, performance/control, completion, and work repeated period (Whitty, S.J. and Schulz, M.F, 2007). And these are changeable; the detail change follows with business, project customer need. Needlessly to say, the methodology is essential to the project, it provides methods to keep on stability for the project progress.

Optimizing performance at one stage of the process may do harm to the whole project in case additional costs or delays occur in other stages. A case in point is that, saving money on the design process, it would be a wrong decision if the result is beyond construction costs.

The project design will be changeable during the project. To put it mildly, new information technologies especially the internet and specialized extranets can be instrumental. And information like less expensive and with desired performance new materials and automate construction processes is of great value and importance. In contrast with the above mentioned, the communication and coordination among the participants is of essential importance for the overall project as well as fragmentation of project management among different specialists.

To the owner, who will live in the project, the big success of a project is of high quality of work and performance. To provide build project structure of process assurance project leadership of request performance is the main task of the quality management.#p#分頁標題#e#

Construction safety
施工安全

According to some studies, construction is the most dangerous land based work sector from the aspect of construction workers, compared with the design or finance; they are engaged in aspects of the industry, and work predominately on construction sites. Apart from the hazards and risks unknown, electricity and being buried while working in excavations, the biggest hazards on spot is falls from height and vehicles in a constantly changing work environment. In addition, the asbestos, solvents, noise, cement dust, and manual handling activities on site are the other main health hazards. And how dangerous the construction work is can be seen from the following statistics: in the U.S., the incidence rate of the fatal occupational injuries in the construction sector in 2001 is 13.3 per 100.000 employed workers. And the construction industry underwent 481.400 nonfatal injures and illnesses at the rate of 7.9 %. While in the European Union, the fatal accident rate is 13 workers contrasted with 5 per 100.000 on the average. To be exact, the fatalities are 20% compared with the 6% of U.S workers. Because of this, the European Union Directives: notablyDirective 89/391 (the Framework Directive) and Directive 92/57 (the Temporary and Mobile Sites Directive), to protect workers according to European Union Law. For the sake of protecting workers health and safety, the legislation is presented to the Member States.

Legal consideration
法律角度

Since a construction project is a connection of contracts between two or more parties to exchanging a series of obligation equally and balancing and other legal obligations. So it should be implemented under the legal framework to govern the property. These consist of the governmental regulations on the property use, and the obligations occurring during the process of construction. A typical compelling example is the time element, if the construction delayed whatever, it results in costing money, and if the construction happens to be stuck in the bottlenecks, the cost will be more expensive. Unless both sides promise to be responsible to the obligation, the contracts should never be signed. However, once the contract is signed, it makes the expectations and paths to fulfill those expectations clear, consequently, the project will be accomplished perfectly, at least more smoothly contrasted to the poorly drafted contracts. Finally, a construction project will be diagnosed as failure if it fails to comply with the zoning and building code requirements. On one hand, the requirements are from the desire to keep things from collapsing or explosion; on the other hand, legal requirements come from the custom or a matter of expectation or malum prohibited considerations. It is often the case that the lawyer will try his best to defend the customer by seeking changes or exemptions in the law, in which the rule is no longer inapplicable. Legal advisors are hired for the reasons that they will come up with proper solutions to prevent problems; what’s more important is to identify ambiguities and other potential sources of trouble in the contract structure at the very beginning. During the process of the project, they are still on the guard to avoid and resolve conflicts that arise. They will make full use of the obligations, applying them into the real project.#p#分頁標題#e#

Conclusion
結論

Once completed, the LIPOLO Laboratory, a research institution of all purpose, as a national security base, will be operated by Group International for the Department of Energy's National Nuclear Security Administration, and a team composed of National, the University, and Technologies for the sake of ensuring the safety and reliability of the UK nuclear stockpile. To realize these, the technician will develop technologies, thus to solve problems on energy, environment, infrastructure, health and global security concerns both for the country and the globe; in the mean time, to protect the country from weapons of mass destruction.

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