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 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 3A Construction Docs vs Contract Docs - 10
Construction Documents
Written and graphic documents prepared or assembled by A/E for communicating the project design for construction and administering the construction contract.
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 11
Construction Documents
Contract Documents (both written and graphic)
PLUS Procurement (Bidding) Requirements
PLUS Resource Drawings
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 12
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 Technologist 3A Construction Docs vs Contract Docs - 13
Construction Documents Include:
►Specifications – Divisions 01 - 49
►Contract Drawings ►Resource Drawings
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 14
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
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 15
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.
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 16
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 3A Construction Docs vs Contract Docs - 17
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 3A Construction Docs vs Contract Docs - 18
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?
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 19
Procurement Forms ►Bid Form: ►Bid Security: Separate form or just the check. ►Contractor Qualification Statement ►Substitution Request Form ►Certificates:
– Minority business – Non-collusion affidavit
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 20
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 3A Construction Docs vs Contract Docs - 21
The Building Blocks of Contract Documents
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 22
The Building Blocks of Contract Documents
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 23
The Building Blocks of Contract Documents
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 24
Agreement and Contract
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 25
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 3A Construction Docs vs Contract Docs - 26
Contracting Requirements: The Agreement
►Written document signed by the owner and the contractor and is the legal instrument binding the parties to the contract.
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 27
Contracting Requirements: The Agreement
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 28
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 3A Construction Docs vs Contract Docs - 29
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 3A Construction Docs vs Contract Docs - 30
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
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 31 - 31
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 3A Construction Docs vs Contract Docs - 32 - 32
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.
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 33 - 33
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 3A Construction Docs vs Contract Docs - 34
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 3A Construction Docs vs Contract Docs - 35
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.
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 36
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
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 37
Procurement and Contract Document Modifications
Timing
Prior to receipt of Bids and signing Agreement Form = addenda
After Agreement is executed = change orders
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 38
Methods of Modifying
AIA Documents
Change Order
Construction Change Directive
Minor changes in the work
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 39
Methods of Modifying
EJCDC Documents
Change Order
Work Change Directive
Field Order
Written Amendment
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 40
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 3A Construction Docs vs Contract Docs - 41
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 3A Construction Docs vs Contract Docs - 42
Drawings
Information to include:
Generic names, shapes, and locations
Identify material, but don’t describe extent of alternates
Construction Documents Technologist 3A Construction Docs vs Contract Docs - 43
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 Warranties - 44
End of Session
That’s All Folks! For additional information, contact: Paul Simonsen, [email protected]