Construction Docs vs Contract Docs

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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
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Contracting
Requirements
•Contracting Forms
(Agreement)
•Project Forms
•Conditions of the
Contract
•Revisions,
Clarifications, &
Modifications
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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
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Drawings
Scaled Views:
Plans, Elevations,
Sections
Nonscaled Views:
Diagrams,
Schedules, Key
Plans,
Perspectives,
Isometrics, Title
Sheet Drawings
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Procurement
Documents
Construction
Documents
MINUS
• Modifications
made after
agreement
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Procurement
Requirements
•Solicitation
•Instructions to
Bidders
•Available
Information
•Bid Forms &
Supplements
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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End of Session
That’s All Folks!
For additional information, contact:
Paul Simonsen, paulsimonsen@msn.com

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Warranties - 44
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