construction docs vs contract docs - csi albuquerque...

Construction Documents UNDERSTANDING CONSTRUCTION DOCUMENT VS

CONTRACT DOCUMENTS, AND PROCUREMENT DOCUMENTS VS PROCUREMENT REQUIREMENTS

Albuquerque CSI Continuing Education Conference

Paul Simonsen, FCSI, NCARB, CCS, CCCA, LEED AP

Construction Documents Technologist

►Analyze the difference between Construction Document vs Contract Documents.

►Analyze the difference between Procurement Documents vs Procurement Requirements.

►Understand the issues and potential problems that may be created by having good information in the wrong location.

►Analyze project situations that are caused by confusion over the relationships between Construction Document vs Contract Documents and Procurement Documents vs Procurement Requirements.

Learning Objectives


Construction Documents


Contract Documents Construction Documents MINUS • Procurement Requirements • Resource Drawings


Contracting Requirements •Contracting Forms (Agreement) •Project Forms •Conditions of the Contract •Revisions, Clarifications, & Modifications


Specifications Div. 01 General Requirements Div. 02 - 19 Facility Construction Div. 20 - 29 Facility Services Div. 30 - 39 Site Infrastructure Div. 40 - 49 Process Equipment


Drawings Scaled Views: Plans, Elevations, Sections Nonscaled Views: Diagrams, Schedules, Key Plans, Perspectives, Isometrics, Title Sheet Drawings


Procurement Documents Construction Documents MINUS • Modifications made after agreement


Procurement Requirements •Solicitation •Instructions to Bidders •Available Information

•Bid Forms & Supplements

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Written and graphic documents prepared or assembled by A/E for communicating the project design for construction and administering the construction contract.



Contract Documents (both written and graphic)

PLUS Procurement (Bidding) Requirements

PLUS Resource Drawings


Construction Documents Include:

►Contracting Requirements – Contracting Forms (Agreement) – Project Forms (Performance and Payment Bonds,

Certificates) – Conditions of the Contract

• General Conditions • Supplementary Conditions

– Revisions, Clarifications, and Modifications • Addenda • Clarifications • Contract Modifications


Construction Documents Include:

►Specifications – Divisions 01 - 49

►Contract Drawings ►Resource Drawings


Procurement Documents ►Procurement (Bidding) Documents Include

– Construction documents issued to bidders – Procurement requirements and contract documents – NOT contract modifications (which are issued after the

construction agreement is signed). ► Typical Documents

– Addenda – Instructions to Bidders – Contracting Requirements – Contract Drawings – Specifications


Procurement Requirements

►Used to attract bidders and explain the procedures to be followed in preparing and submitting solicitations.

►Since procurement requirements are NOT Contract Documents, procurement requirements should NOT contain contract requirements.


Solicitation ►Invitation to Bid – Selective bidders ►Advertisement for Bids – Notice to all

qualified bidders ►Request for Proposals (RFP) – Used to seek

out unique solutions using delivery methods other than the traditional bidding process

►Request for Qualifications (RFQ) – Used to seek qualifications of D-B or CM


Instructions for Procurement ►Overview:

– Requirements with which bidders or proposers must comply before and during submission of bids

– Contains the information a bidder or proposer needs to properly prepare and submit a bid

– Expanded for specific projects or owners using Supplementary Instructions for Procurement

►Architects may prepare if they are responsible for overseeing the procurement process


Available Information

►Information made available to bidders or proposers to assist in developing their bids or proposals, but will not be included in the contract documents.

►Withholding relevant information may be construed as misrepresentation.

►Examples of available information?


Procurement Forms ►Bid Form: ►Bid Security: Separate form or just the check. ►Contractor Qualification Statement ►Substitution Request Form ►Certificates:

– Minority business – Non-collusion affidavit


Contract Documents Contract documents contain the legally enforceable requirements which become part of the contract when the agreement is signed. ►Contracting Requirements

– Agreement – Bonds – Conditions of the Contract – Revisions, Clarifications and Modifications

►Specifications ►Contract Drawings ►Modifications


The Building Blocks of Contract Documents


Agreement and Contract


Contracting Requirements ►Contracting Forms

– Agreement

►Project Forms – Performance Bond – Payment Bond – Certificates/Solicitation Form

►Conditions of the Contract – General Conditions – Supplementary Conditions

►Revisions, Clarifications, Modifications


Contracting Requirements: The Agreement

►Written document signed by the owner and the contractor and is the legal instrument binding the parties to the contract.



►Contract: An agreement between two or more parties – Parties are identified in contract – Parties make promises – Parties sign contract indicating understanding an

agreement of terms – Parties receive consideration

• payment (contractor) • beneficial use (owner)

– Parties have legal authority to negotiate contract



Agreement Forms

►Owner/Contractor Forms: Coordinated with Owner/A/E Agreement, Conditions of the Contract, and Division 01

►Standard documents are carefully interrelated

►Modifications to one document may require modifications to the other to avoid conflicts


Contracting Requirements: Project Forms

►Performance Bond – Provides a guarantee that if the Contractor defaults or fails to

perform, the surety will either complete the Contract or provide sufficient funds for such completion.

►Payment bond – Provides a guarantee that all subcontractors, material suppliers,

and others providing labor, materials goods and services to the project will be paid.

►Certificates – Include certificates of insurance and certificates of compliance

with applicable laws and regulations

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Conditions of the Contract ► The Conditions of the Contract define basic rights,

responsibilities, and relationships among the entities involved in the performance of the contract.

► The General Conditions are a standard form which sets the basic rules for conduct of the work.

► The Supplementary Conditions provide a means of modifying the basic form to the specific needs of a project.

► The Conditions of the Contract are an expansion of the Agreement, and should not be used as a vehicle for administrative considerations more properly dealt with in Division 01.


Conditions of the Contract

►The relatively public nature of the conditions of the contract and the need for review by those not signatory to the agreement have led to the use of conditions of the contract separate from the agreement.


Conditions of the Contract Caution!

►General and supplementary conditions are NOT specifications. They have legal consequences that are the Owner’s responsibility and are beyond the purview of the A/E.

► They should not be initiated by the A/E without explicit approval and guidance from the Owner and competent legal counsel and insurance advice.


Contracting Requirements: Revisions, Clarifications & Modifications

Addenda

►Written or graphic documents used to clarify, revise, add to, or delete information in the original procurement documents or in previous addenda.

►Typically an addendum is issued prior to bid opening. However, AIA General Conditions permit issuance anytime prior to execution of the agreement.



Clarifications

►Documents initiating changes or clarifications that have not been incorporated into the contract by formal contract modifications.

►These include Proposal Requests, Change Order Requests, and Requests for Information.



Modifications

►Additions to, deletions from, or modifications of work after execution of construction agreement

►Modifications include : – Change orders – Construction change directives – Work change directives – Architect’s supplemental instructions – Written amendments – Field orders


Procurement and Contract Document Modifications

Timing

Prior to receipt of Bids and signing Agreement Form = addenda

After Agreement is executed = change orders


Methods of Modifying

AIA Documents

Change Order

Construction Change Directive

Minor changes in the work


Methods of Modifying

EJCDC Documents

Change Order

Work Change Directive

Field Order

Written Amendment


Specifications ►Specifications define

the qualitative requirements for products, materials, and workmanship upon which the construction contract is based.

►Specifications are organized into 49 divisions.


Contract Drawings ► Purpose: Graphic representations of the work upon

which the contract is based. ► Include: Relationship of materials to one another

– Sizes – Shapes – Quantities – Locations – Connections

► Schematic diagrams of mechanical and electrical systems

► Schedules of structural elements, equipment, doors, finishes, and other similar items.


Drawings

Information to include:

Generic names, shapes, and locations

Identify material, but don’t describe extent of alternates


Resource Drawings

►Provided during the procurement stage

►Generally show existing conditions – Record Drawings

– Site survey

– Existing Building Record Drawings

►Furnished for reference only

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End of Session

That’s All Folks! For additional information, contact: Paul Simonsen, [email protected]

mailto:[email protected]