CVE 4070

Construction EngineeringContract DocumentsProf. Ralph V. Locurcio, PE

Looking ahead8/181 Introduction, course requirements

8/202 Project Organization & Stakeholders

8/253 Contract Types & Construction Planning

8/274 Work Breakdown Structure; HW #1-WBS Handout

9/3 5 Construction Contract Documents

9/8 6 Preconstruction & Bidding Processes; HW#2-Write Resume

9/107 WBS; Shop Drawings & Inspection Processes WBS due due

9/158 Tour Construction Project; Construction Handout

9/179 Project Organization & Responsibilities Resume dueResume due

9/2010 Disaster Recovery Construction

9/2211 Test #1 & Critique

Note: all PPT are on http://my.fit.edu/~locurcio/

Project Organization…

Owner

Quality Control

Superintendent Project Engineer

Project Engineer

Project Manager

Subcontractor

Subcontractor

Subcontractor

Subcontractor

Subcontractor

Design Manager

ProjectArchitect

StructuralEngineer

CivilEngineer

MechEngineer

ElectricalEngineer

A

B

C

Quality Assure

OfficeEngineer

TechnicalInspectors

A/E Const Staff

Resident Engineer

UsingAgency

Contractor or

Construction Manager

Project Organization…

Project Delivery Process…

Need for a projectIs recognized

Owner appointsProject Manager

Project Manager develops project

program: scope & cost parameters

Project is entered into an annual

capital program

Designer prepares concept design & preliminary cost

estimate

Owner orders bid documents

Project Manager advertises for

construction bids

Contractors assemble team,

prepare & submit bid

Bids opened & reviewed by owner

(with designer)

Builder’s credentials &

bonding approved

Owner approves program

Project Manager advertises for

designer

Owner hires designer

Owner authorizes final

design

Owner selectsbuilder

Contract Signed

Notice to

Proceed

Resident Engineeroversees

construction

Project phase(s)completed

All work completed final inspection

made

Progresspayment

Final paymentOwner accepts

facility

Designer completes plans &

specifications

We are here

Part I – Contract Documents

Contract Documents…

1. The Agreement or Contract2. The Specifications3. 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 project.

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 Sheet2. Index Sheet3. 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

Construction Drawings

Architectural

Specifications

Door Schedule

Hardware

Structural

Plumbing

HVAC

Electrical Wiring

Symbols & Abbreviations

Agreement of plans & specs… Plans are frequently updated as the design

progresses. Specifications may be written independently of

the plans. Specifications are very complex and detailed;

some changes are missed. Specifications are often prepared by different

authors. Master or standard specifications may have been

used. Project budget may not allow for proper

coordination of plans & specs

Conflicts between plans & specs…

The specifications take precedence over the plans.

The contract or the specifications may state otherwise.

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. Specialties2. Site work & utilities 11. Equipment3. Concrete 12. Furnishings4. Masonry 13. Special construction5. Metals 14. Conveying systems6. Wood & plastics 15. Mechanical7. Thermal & Moisture Prot. 16. Electrical8. Doors & windows 17. Instrumentation &

Controls9. 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 worksTailor standard specs to a specific contract application

Part I-Proposal & Contract Notice Inviting Bids Bid formats & related items Agreement & related forms

Part II-Special Provisions1. Definitions & terms 7. Legal relations & public2. Bidding req & cond 8. Prosecution & progress3. Award & execution 9. Measurement & payment4. Scope 10.Construction details which add5. Project Controls modify or delete standard spec6. 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

review

Quality Control Process… Must have a Quality Control Plan… an inspection"

system” 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;

documents QC Staff must be qualified, trained & dedicated

Construction Inspections Three phased inspection system

Preparatory inspection – meeting 1 wk prior

Pre-inspection – on site; prior to construction

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 (CM) General Contractor is responsible to hire

subcontractors. 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…