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

Learning Objectives ► 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. Construction Documents Technologist

Construction Documents

Construction Documents Technologist

Contract Documents Construction Documents MINUS • Procurement Requirements • Resource Drawings Construction Documents Technologist

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

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 Construction Documents Technologist

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

Procurement Documents Construction Documents MINUS • Modifications made after agreement Construction Documents Technologist

Procurement Requirements •Solicitation •Instructions to Bidders •Available Information •Bid Forms & Supplements Construction Documents Technologist

Construction Documents

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

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Construction Documents Contract Documents (both written and graphic) PLUS

Procurement (Bidding) Requirements PLUS

Resource Drawings

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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

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Construction Documents Include: ►Specifications – Divisions 01 - 49

►Contract Drawings ►Resource Drawings

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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

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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.

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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 Construction Documents Technologist

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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 Construction Documents Technologist

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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?

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Procurement Forms ►Bid Form: ►Bid Security: Separate form or just the check. ►Contractor Qualification Statement ►Substitution Request Form ►Certificates: – Minority business – Non-collusion affidavit

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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 Construction Documents Technologist

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The Building Blocks of Contract Documents

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The Building Blocks of Contract Documents

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The Building Blocks of Contract Documents

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Agreement and Contract

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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 Construction Documents Technologist

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Contracting Requirements: The Agreement

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

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Contracting Requirements: The Agreement

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Contracting Requirements: The Agreement

►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 Construction Documents Technologist

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Contracting Requirements: The Agreement

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 Construction Documents Technologist

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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. Construction Documents Technologist

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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.

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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. Construction Documents Technologist

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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. Construction Documents Technologist

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Contracting Requirements:

Revisions, Clarifications & Modifications 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.

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Contracting Requirements:

Revisions, Clarifications & Modifications 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

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Procurement and Contract Document Modifications Timing Prior to receipt of Bids and signing Agreement Form = addenda After Agreement is executed = change orders

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Methods of Modifying AIA Documents Change Order Construction Change Directive Minor changes in the work

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Methods of Modifying EJCDC Documents Change Order Work Change Directive Field Order Written Amendment Construction Documents Technologist

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Specifications ►Specifications define the qualitative requirements for products, materials, and workmanship upon which the construction contract is based. ►Specifications are organized into 49 divisions. Construction Documents Technologist

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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. Construction Documents Technologist

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Drawings Information to include: Generic names, shapes, and locations Identify material, but don’t describe extent of alternates

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Resource Drawings ►Provided during the procurement stage ►Generally show existing conditions – Record Drawings – Site survey – Existing Building Record Drawings

►Furnished for reference only Construction Documents Technologist

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End of Session

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

 Construction Documents Technologist

Warranties - 44