CVE 4070 L-5 contract documents

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CVE 4070 L-5 contract documents Powered By Docstoc
					CVE 4070

  Construction Engineering
  Contract Documents
  Prof. Ralph V. Locurcio, PE
  Looking ahead
8/21   1           Introduction, course requirements; Pyramid Handout
8/23   2           Project Delivery System
8/28   3           Stakeholders & Construction Organizations
8/30   4           Contract Types & Construction Planning          Pyramid Plan due
9/4    5           Construction Contract Documents
9/6    6           Preconstruction & Bidding Processes; Write Resume
9/11   7           Shop Drawings & Inspection Processes
9/13   8           Project Organization & Responsibilities             Resume due
9/18   9           Tour Construction Project Site; Construction Handout
9/20   10          Disaster Recovery Construction            Construction Report due
9/25   11          Test #1 & Critique

           Note:     all PPT are on
Project Organization…


                                                                                          Project Manager

                          Design Manager                                                                                                         Resident Engineer

                                                                                                                               Quality         Office         Technical   A/E Const
                                                                                              Contractor                       Assure         Engineer       Inspectors     Staff
  Project    Structural       Electrical     Civil        Mech
                              Engineer     Engineer      Engineer                                  or
 Architect   Engineer
                                                                                         Construction Manager

                  A               B           C

                                                               Quality        Superintendent                 Project           Project
                                                               Control                                      Engineer          Engineer

                                                       Subcontractor     Subcontractor    Subcontractor       Subcontractor   Subcontractor
Project Organization…
Project Delivery Process…                                                                                          are

                                            Project Manager
                                                                    Owner          Project is entered   Project Manager
 Need for a project   Owner appoints        develops project
                                                                   approves          into an annual      advertises for
   Is recognized      Project Manager      program: scope &
                                                                   program          capital program         designer
                                            cost parameters

                                                                                   Designer prepares
 Project Manager                              Designer              Owner
                      Owner orders bid                                             concept design &       Owner hires
  advertises for                          completes plans &     authorizes final
                        documents                                                   preliminary cost       designer
 construction bids                          specifications          design

    Contractors                                                     Builder’s
                        Bids opened &                                                                        Notice
  assemble team,                             Owner selects        credentials &         Contract
                      reviewed by owner                                                                        to
 prepare & submit                              builder          bonding approved        Signed
                        (with designer)                                                                     Proceed

                                           All work completed                                           Resident Engineer
  Owner accepts                                                     Progress        Project phase(s)
                        Final payment        final inspection                                               oversees
     facility                                                       payment            completed
                                                   made                                                   construction
Part I – Contract Documents
Contract Documents…
1. The Agreement or Contract
2. The Specifications
3. The Drawings

Important Note:
  Unless otherwise specified this list is
  the “order of precedence” of the
  contract documents
The Agreement or Contract…
 The agreement is the legal document
  signed by the owner and the builder
  that outlines the terms under which
  the project will be built.

 It includes such items as cost, time,
  management, reports, quality,
  penalties and all such details that
  define the owner’s “intent”.
Parts of a Contract
 Scope of work
 Terms & conditions
The Specifications…
 Define the “qualitative” requirements of the
  project that is to be built.
 Provide a detailed description of the
  performance features of all components of the
 Describe the nature of the materials and the
  workmanship & procedures to be followed in
  constructing the project.
 Include those aspects of assembly or
  construction that affect the performance of
  the components.
Components of a spec…
 Instructions to bidders:
     May be part of General Conditions
     Proposal & bid format
     Bonding & certificates
     Affidavits
 General conditions:
     Contract administration
     Correlation of documents
     Authority of parties
     Supervision
     Payment
     Damages
     Disputes
 Technical provisions
     Installation or fabrication instructions
     Materials & performance criteria
General Conditions…
 Specify procedures for contract admin
 Not intended to change the contract
 Typical provisions:
     Define terms used in contract docs
     Preconstruction matters
     Use/reuse of contract documents
     Contract times & schedule
     Changes
     Payments
     Suspension of work
     Dispute resolution
     Many more
Technical Provisions…
 Three-part format assures consistency…
     Part I – General
       Summary of work
       Standards to be followed; ASTM, UBC, Federal, AWWA, ANSI, ACI
       Building codes & permits; coordination between agencies
       Submittals & shop drawings
       Quality control
       Temporary facilities & controls
       Storage & protection
     Part II – Products
       Quality of materials
       Performance standards
       Warranty & certification
     Part III – Execution
       Assembly into the project
       Forming & curing instructions
       Finishing details
The Drawings or Plans…
 Define the “geometry” of the project and all of
  it’s components.
 Include the general form, dimensions and
  details of all project features that are to be
  fabricated on site.
 Show the relationship of all components to
  each other.
 May include details, notes and instructions
  that amplify the specifications.
Drawings in standard set…
   1.    Title Sheet
   2.    Index Sheet
   3.    Architectural (A)
   4.    Civil & site utilities (C)
   5.    Structural (S)
   6.    Mechanical (M)
   7.    Plumbing (P)
   8.    Electrical (E)
   9.    Fire protection (FP)
   10.   Finish schedules
   11.   As-built/record drawings
Agreement of plans & specs…
 Plans are frequently updated as the design
 Specifications may be written independently of
  the plans.
 Specifications are very complex and detailed;
  some changes are missed.
 Specifications are often prepared by different
 Master or standard specifications may have been
 Project budget may not allow for proper
  coordination of plans & specs
Conflicts between plans & specs…
 The specifications take precedence over the
 The contract or the specifications may state
 Builder must notify the owner’s rep of any
  conflict he encounters.
 Owner’s rep or inspector must know the specs
  and observe the work.
Other Problems with specs…
 Use of generalities… terms not “specific”
 Scope of work issues… intent not clear
 Unenforceable phrases or conditions…

Ambiguity generally settled in favor of the builder!
Using Specifications
Construction spec formats…
 Construction Specification Institute (CSI)
     Commonly called “CSI Format”
     16 Division breakout of work items
     Organized by construction trades
     Typically used for construction of “buildings”
     Widely accepted by owners & builders
CSI Format…
1.   General requirements       10.   Specialties
2.   Site work & utilities      11.   Equipment
3.   Concrete                   12.   Furnishings
4.   Masonry                    13.   Special construction
5.   Metals                     14.   Conveying systems
6.   Wood & plastics            15.   Mechanical
7.   Thermal & Moisture Prot.   16.   Electrical
8.   Doors & windows            17.   Instrumentation & Controls
9.   Finishes
Industry specific specs…
   ASCE Civil Engineering Format
   AIA Standard Specifications
   State & Federal DOT Highway Format
   City & County Civil Formats
   AASHTO Standard Hiway Format
   Non-DOT Standard Formats
   International Federation of Consulting
    Engineers (FIDIC)
Standard Specifications
Benefits of using standard specs…
 Produced by collaboration with government &
  industry; critiqued by AE & legal professionals.
 Withstood test of time & experience; complete, up
  to date.
 Accepted as fair & equitable, builders familiar with
  them, terms understood.
 Tested in court
 Result in more stable bid prices
Standard Specs & Contract Provisions
 Standard Specification:
     General contract conditions
     Standard technical specs
     Covers all possible project types; highway & bridge
     May cover alternative methods
 Special/Contract Provisions:
     Must accompany Standard Spec
     Adapts standard to a “specific” project
     Contains special provisions particular to the project
     Provides additions or deletions to standards
Special Provisions…
 Info similar to CSI Divisions…
  Tailored to “civil” or heavy engineering works
  Tailor standard specs to a specific contract application
 Part I-Proposal & Contract
       Notice Inviting Bids
       Bid formats & related items
       Agreement & related forms
 Part II-Special Provisions
  1.   Definitions & terms      7. Legal relations & public
  2.   Bidding req & cond       8. Prosecution & progress
  3.   Award & execution        9. Measurement & payment
  4.   Scope                    10.Construction details which add
  5.   Project Controls            modify or delete standard spec
  6.   Control of material
Specs in Construction
Specs in Contract Admin…
 Contract documents never perfect…
     Field condition vary from design assumptions
     Spec writers usually have no construction experience
     Specs sometimes out of date
     PM/CM must evaluate & respond
     Requires considerable judgment & experience

 CM & builder must “read” the specs
     Specs not a legal document for claims & disputes
     Good communications between writer & inspector needed
     Feedback to spec writer is essential
Differing Site Conditions…
 Unforeseen underground conditions
      Latent physical conditions; unknown or unusual
      Differ significantly from printed contract docs or data
      Require increased work not included in bid
 Architect/Engineer’s responsibility in design
      Make “reasonable” subsurface investigations
      Advise builder of all available data & design assumptions
      Not responsible for 100% accuracy
 Builder’s responsibility in bidding
      Not expected to perform subsurface investigation
      Become familiar with all conditions of site
      Cover risk with pricing & contingency
 Federal Guidelines
      Pay for reasonable “compensable” conditions
      Reduces bidder’s risk & contingencies in contract
 Sharing the risk
      Parties agree to a formula in contract documents
Materials used in the contract…
 AE obligation to ensure that materials & products
  conform to those specified.
     Owner may claim negligence if components do not perform
     Care must be exercised in accepting “alternatives”
     Be especially aware of new or non-standard materials
 Builder constantly seeking lowest market price
  for “acceptable” materials.
     Must prove that all materials used meet spec
     Must obtain owner’s (representative) approval to substitute
     May not submit alternatives during bidding process
Shop Drawings & Samples…
 Function & Purpose of Shop Drawings
      Link between design & construction
      Show details of fabrication, assembly & installation
      Allow introduction of commercially tested products
      Show method of accomplishing “special” requirements
      Contracts usually require approval prior to ordering
Shop Drawings & Samples…
 Approval of Shop Drawings
      Contract SPs usually specify list of shop drawings
      Builder must submit schedule of submissions
      Owner must “approve” submittals for conformance to specs
      Builder responsible for accuracy, means & methods, quality
 Misuse of Shop Drawings
      Submissions may not change contract requirements or design intent
      Builder’s responsibility to conform, even if missed by AE/Owner
Quality Control Process…
 Must have a Quality Control Plan… an inspection"
 Special considerations:
   Timing of inspections; preclude delays
   Protection of work in place
   Most work is irreversible; i.e.. concrete, foundations
   Logistical sequencing
   Follow plans & specifications; changes not authorized
   Report and correct errors & deviations from spec;
 QC Staff must be qualified, trained & dedicated
Construction Inspections
 Three phased inspection system

   Preparatory inspection – meeting

   Pre-inspection – on site; prior to

   Final inspection – after completion
Allowances & Tolerances…
 No tolerance is poor management
     There are no “absolutes” in reality
     Design doesn’t require “absolute” compliance

 Specified tolerances a better method
     Manufacturing always specifies tolerances
     Reasonable tolerances are justified
     PM/CM sets the standard in the field
     Practice would reduce bid prices
Dealings with subcontractors…
 Concept of “one-to-one” authority
     PM deals solely with the General Contractor.
     General Contractor’s rep is the Construction Manager
     General Contractor is responsible to hire
         Includes evaluation of subcontractor’s competence
         Includes all acts & omissions of any sub
     General Contractor must have effective contracts,
      admin procedures & management

 Architect & Owner/rep not responsible for
  how the Builder subcontracts the work
Stopping the work…
 Work is defective…
     Owner’s right to stop work that is defective
     Contract provisions govern
     Communicate in writing
     Contractor may dispute
 Unsafe conditions…
   Risk of death or serious injury
   Obligation of Owner’s rep and Builder
   Follow verbal order with written order
 Risk of stopping work…
   Cost incurred for labor & materials
   Schedule slippage might incur damages
   Work must be torn out and rebuilt
That’s all for today…

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