cve 4070 construction engineering contract documents prof. ralph v. locurcio, pe
TRANSCRIPT
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 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
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”.
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
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!
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)
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 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