Task Item No. 1-4: Coordinate Owner-provided procurement and contract documents. Flashcards
You Should Understand
Task Item No. 1-4: Coordinate Owner-provided procurement and contract documents.
- Understand the procurement and contract requirements for a project.
- Understand the requirements of Owner-provided documents and how they should interface with the procurement and contract documents.
CSPG
14.2 Procurement and Contracting Requirements
When agency-prepared documents are used, the content of Division 01 will vary greatly from a Division 01 prepared for use in the private sector.
14.2 Procurement and Contracting Requirements
When agency-prepared documents are used, the content of Division 01 will vary greatly from a Division 01 prepared for use in the private sector.
14.7 Federal Government Agencies’ Construction Documents Policies
Each agency involved in construction has its own policies and procedures for administering construction programs. Each agency also publishes its own construction documents and forms or has combined with other federal agencies to publish common documents.
define the requirements for products, materials, and workmanship upon which the contract is based and requirements for administration and performance of the project….
, though not specifications, are legal documents that describe contractual requirements._ define the processes, rights, responsibilities, and relationships of the parties to the contract.
instruct the bidders or proposers about the established procedures for preparing and submitting their bids or proposals.are addressed to prospective bidders or proposers interested in the project. Although not necessarily part of a contract, theare usually bound with other written construction documents into a project manual
14.7 Federal Government Agencies’ Construction Documents Policies
Each agency involved in construction has its own policies and procedures for administering construction programs. Each agency also publishes its own construction documents and forms or has combined with other federal agencies to publish common documents.
Specifications define the requirements for products, materials, and workmanship upon which the contract is based and requirements for administration and performance of the project….
Contracting requirements, though not specifications, are legal documents that describe contractual requirements. Contracting requirements define the processes, rights, responsibilities, and relationships of the parties to the contract.
Procurement requirements instruct the bidders or proposers about the established procedures for preparing and submitting their bids or proposals. Procurement requirements are addressed to prospective bidders or proposers interested in the project. Although not necessarily part of a contract, the Procurement requirements are usually bound with other written construction documents into a project manual
PDPG
11.2.9.1 Drawings
The drawings should not attempt to define the work of specificor. However, the drawings may be used to indicate the extent of alternates, areas of construction phasing, limits of work, and specific items of work by the owner or by separate contract. On contract projects, the drawings can be used to designate work of separate contracts. Although these items may be graphically delineated on the drawings, the written descriptions and scope of work requirements should be defined in Division 01—General Requirements and PART 1—GENERAL of the specification section.
11.2.9.1 Drawings
The drawings should not attempt to define the work of specific subcontractors or trades. However, the drawings may be used to indicate the extent of alternates, areas of construction phasing, limits of work, and specific items of work by the owner or by separate contract. On multiple-prime contract projects, the drawings can be used to designate work of separate contracts. Although these items may be graphically delineated on the drawings, the written descriptions and scope of work requirements should be defined in Division 01—General Requirements and PART 1—GENERAL of the specification section.
11.5.4. 00 70 00 Conditions of the Contract
need to be closely coordinated with related documents such as the design and construction agreements and Division 01—General Requirements. Changes in one document may necessitate changes in the other documents. and are conditions of the contract and have legal consequences. The A/E should not prepareorwithout explicit approval and guidance from the owner, the owner’s legal counsel, and the owner’s insurance adviser.
11.5.4. 00 70 00 Conditions of the Contract
Conditions of the contract need to be closely coordinated with related documents such as the design and construction agreements and Division 01—General Requirements. Changes in one document may necessitate changes in the other documents. General and supplementary conditions are conditions of the contract and have legal consequences. The A/E should not prepare general or supplementary conditions without explicit approval and guidance from the owner, the owner’s legal counsel, and the owner’s insurance adviser.
You Should Understand
Task Item No. 1-4: Coordinate Owner-provided procurement and contract documents.
- Understand the procurement and contract requirements for a project.
- Understand the requirements of Owner-provided documents and how they should interface with the procurement and contract documents.
PDPG 7 Project Delivery
PDPG 7 Project Delivery
Read the entire chapter
PDPG 11.1.4 Specifications
Specifications define the requirements for products, materials, and workmanship upon which the contract is based and requirements for administration and performance of the project.
They are generally written for each subject as sections and organized by divisions under MasterFormat® or by categories under UniFormat™.
PDPG 11.2.9.1 Drawings
PDPG 11.2.9.1 Drawings
A particular material or component may appear many times throughout the drawings, but is specified in only one location. In order to simplify and coordinate the documentation process, only generic notes should be used on the drawings to identify, but not describe, a material or component. Overly detailed notes may obscure the drawings and increase the possibility of inconsistencies and duplications. Detailed written information should be reserved for the specifications so that minor changes during development of the documents can be accommodated by revising only the specifications. For example, if the drawings have been noted to include concrete pavers, a design decision changing to brick pavers would necessitate finding and changing several drawing notes as well as the specifications. However, if the drawings had indicated only unit pavers, those notes would be unaffected by the change, and only the specifications would have to be modified. Minimizing the number of required changes to written information on the drawings diminishes the opportunities for discrepancies among the various drawings and between the drawings and specifications.
Whenever a change of materials is made, the corresponding symbols must be changed throughout the drawings, so symbols referring to a generic class of material, such as concrete or wood, are preferable over symbols referring to specific materials, such as walnut and oak. Thus, a change in wood species, for example, would not affect the drawings. Also, when more than one type of a generic class of materials is used, then such differentiation can be shown in the drawings with short notation such as “Wood-A” and “Wood-B.” Items of equipment, such as pumps or valves, should be identified on the drawings by a short generic name or coded symbol. For example, power roof ventilators (PRVs) might be indicated by PRV-1 and PRV-2. The graphic representation on the drawings should be only a representative outline rather thana detailed drawing. Proprietary product information should not appear on drawings unless a closed proprietary specification limits options to a single product. Even when specifications refer to products by their proprietary names, the notes on drawings should remain generic. If proprietary names are used on drawings, acceptance of a substitution could require revision of each proprietary reference by addendum or contract modification.
Material systems should also be identified on the drawings with only generic notes. For example, either a four-ply built-up roof with gravel surfacing or a loose-laid and ballasted ethylene propylene diene monomer (EPDM) roof could be noted on the drawings simply as “roof membrane.” If more than one type of membrane is used in a project, the drawings should identify roofing Type A, B, C, and so forth, where the letter symbolizes a specific system described in the specifications. Where different design strengths are specified for structural steel, reinforcement, concrete, or other structural elements, the drawings may be used to indicate the boundaries between the materials of different capacities, which also may be designated as Type A, Type B, and so on. Do not cross-reference between drawing and specifications with notes such as “refer to specifications” or “manhole cover—see specifications.” Drawings and specifications are complementary parts of the same set of contract documents, and including references from one to the other is not recommended. However, it is acceptable to refer to specific specification sections. For example, a note on a floor plan could state “provide firestopping at wall penetration—see specification Section 07 84 00.”
This concept is consistent with similar techniques on drawings, where one drawing references another specific drawing or detail in the drawing set.
The drawings should not attempt to define the work of specific subcontractors or trades. However, the drawings may be used to indicate the extent of alternates, areas of construction phasing, limits of work, and specific items of work by the owner or by separate contract. On multiple-prime contract projects, the drawings can be used to designate work of separate contracts. Although these items may be graphically delineated on the drawings, the written descriptions and scope of work requirements should be defined in Division 01—General Requirements and PART 1—GENERAL of the specification section.
PDPG 11.4 Procurement Requirements
PDPG 11.4 Procurement Requirements
Read the whole section.
PDPG 11.5.4.2
11.5.4.2 00 72 00 General Conditions
General conditions for a project can be any of a number of standard documents published that are applicable to the project delivery method. Provisions of general conditions have broad application and include practices common in the United States. Standard general conditions for construction are prepared and published by professional associations such as the AIA, EJCDC, and DBIA.
Standard general conditions benefit the construction industry by providing documents with a history of many years of use and refinement. The language and provisions of these standard documents have been tested and interpreted by the courts and are well understood and familiar to those concerned. The use of standard general conditions also establishes a baseline from which exceptions, modifications, and additions of the supplementary conditions are clearly identified and evaluated. Writing new general conditions for a project will conceal the unique requirements rather than make them clearly understood.
Standard general conditions are normally based on the concept of a single-prime contract for the work. When a project will be constructed under multiple-prime contracts, each contract should use the same general conditions with emphasis on mutual responsibilities. The general conditions should always be bound into the project manual, not simply included by reference, so that they are easily available during progress of the work.
Federal, state, and local government agencies usually produce standard general conditions specifically for use on their projects. Some large corporations have also developed their own general conditions for their projects. When working with unfamiliar general conditions, the A/E must use particular care to adapt the wording of contract documents to the differing provisions to avoid conflicts or omissions. Changes may be required in provisions that the A/E would otherwise treat as standard or routine. Provisions that might be affected include substitutions, submittal procedures, naming of manufacturers, and temporary facilities.
AIA Document A201, EJCDC Document C-700 and DBIA Document 535, Standard Form of General Conditions of the Contract Between Owner and Design-Builder address common project concerns. Each document deals with these concerns in a similar manner but with language determined to be in accord with the needs of each organization. In general, the DBIA general conditions provide fewer details and requirements than do the EJCDC and AIA documents because the designer and the builder are acting as a single entity. Some of these common articles deal with:
- Work*. Each of the three documents describes work under the basic definitions in the respective first articles. Whereas all three define work as the construction and other services required by the contract documents, including labor, material, equipment, and services, AIA Document A201 additionally refers to the contractor’s obligation to perform. EJCDC C-700 includes a reference to the documentation required to produce the construction, and DBIA 535 requires the procuring and furnishing of all materials, equipment, services, and labor that are reasonably inferable from the contract documents. Although both the AIA and the EJCDC general conditions go on to describe the project as the total construction, of which the work under the contract documents may be the whole or part, the DBIA general conditions do not make this additional distinction.
- Contract Documents*. AIA Document A201 lists the documents that make up the contract documents as the agreement, conditions of the contract, drawings, specifications, addenda issued prior to execution of the contract, other documents listed in the agreement, and modifications issued after execution of the contract and excludes certain procurement documents. EJCDC C-700 simply states that the contract documents are those printed or hard-copy documents listed in the agreement, excluding shop drawings, other contractors’ submittals, and reports and drawings of subsurface and physical conditions. DBIA Document 535 refers to contract documents throughout, but does not define what they are composed of within these general conditions.
- Payments*. The articles dealing with payment procedures are fairly detailed in each of the three general conditions. Each sets out requirements for a schedule of values and a method of request for payment and review of application, withholding payment, substantial completion, and final payment. Both AIA Document A201 and EJCDC C-700 define a contract sum, whereas DBIA Document 535 does not.
- Termination*. Each of the three general conditions provides detailed procedures for both the owner and the contractor or design-builder to suspend the work without cause or to terminate the contract for cause. In general, the reasons for suspension or termination are similar for each of the general conditions and include failure to make payments, failure to provide adequate work force or materials, flagrant disregard for laws and regulations, or a breach of the contract documents. The time periods allowed under each general condition vary. In addition, AIA Document A201 allows the contractor to terminate the contract if the work has stopped for 30 consecutive days as a result of a declaration of a national emergency. DBIA 535 also provides for the possibility of bankruptcy by either the owner or the design-builder.
- Claims and Dispute Resolution*. Both the AIA and EJCDC general conditions refer most claims or disputes to the initial decision maker first, who is most likely the A/E, and a decision is made at this level if possible. AIA Document A201 exempts any claims dealing with hazardous materials, but EJCDC C-700 has no similar exception. For both AIA and EJCDC, the next step after failing resolution with the A/E is to take the dispute to mediation and, failing that, next to arbitration for resolution (that is unless the parties have agreed to other stipulations). DBIA Document 535 addresses this concern by first emphasizing dispute avoidance and a commitment to working with each other at all times to minimize disputes and losses. In this case, the design-builder’s representative and the owner’s representative first attempt to resolve the dispute together. Failing that, the dispute is taken to senior representatives of both parties, then failing that to a nonbinding mediation, and failing that, to binding arbitration.
Each of the three standard general conditions, though similar in many respects, has developed over time and has evolved into a document that serves the basic requirements of its sponsoring organization.
00 72 13 General Conditions—Stipulated Sum (Single-Prime Contract)
00 72 16 General Conditions—Stipulated Sum (Multiple-Prime Contract)
AIA Document A201, General Conditions of the Contract for Construction
AIA Document A201 SC, Federal Supplementary Conditions of the Contract for Construction
EJCDC Document C-700, Standard General Conditions of the Construction Contract
AGC ConsensusDOCS Document 200, Agreement and General Conditions Between Owner and Contractor (Lump Sum)
00 72 23 General Conditions—Construction Management (Single-Prime Contract)
00 72 26 General Conditions—Construction Management (Multiple-Prime Contract)
AIA Document A201 CMa, General Conditions of the Contract for Construction, Construction Manager-Adviser Edition
00 72 33 General Conditions—Cost-Plus-Fee (Single-Prime Contract)
00 72 36 General Conditions—Cost-Plus-Fee (Multiple-Prime Contract)
AGC ConsensusDOCS Document 235, Short Form Agreement Between Owner and Contractor (Cost of Work)
00 72 43 General Conditions—Unit Price (Single-Prime Contract)
00 72 46 General Conditions—Unit Price (Multiple-Prime Contract)
00 72 53 General Conditions—Design/Build (Single-Prime Contract)
00 72 56 General Conditions—Design/Build (Multiple-Prime Contract)
EJCDC Document D-700, Standard General Conditions of the Contract Between Owner and Design/Builder
DBIA Document 535, Standard Form of General Conditions of the Contract Between Owner and Design-Builder
AGC ConsensusDOCS Document 410, Agreement and General Conditions Between Owner and Design-Builder (Cost of Work Plus Fee with Guaranteed Maximum Price)
AGC ConsensusDOCS Document 415, Agreement and General Conditions Between Owner and Design-Builder (Lump Sum Based on the Owner’s Program Including Schematic Design Documents)
AGC ConsensusDOCS Document 500, Agreement and General Conditions Between Design-Builder and Construction Manager (Guaranteed Maximum Price with Option for Preconstruction Services)
AGC ConsensusDOCS Document 510, Agreement and General Conditions Between Design-Builder and Construction Manager (Cost of Work with Option for Preconstruction Services)
00 72 63 General Conditions—Purchase Contract
EJCDC Document P-700, Standard General Conditions for Procurement Contracts
AIA Document A251, General Conditions of the Contract for Furniture, Furnishings, and Equipment
AGC ConsensusDOCS Document 300, Tri-Party Agreement for Collaborative Project Delivery
PDPG 12.7.1.4
12.7.1.4 Procurement Documents
Procurement activities require documents to communicate project information to the bidder and move the process to award of a contract.
Before bids can be submitted, prospective contractors must be made aware of the project and sufficient information must be provided. They need specific information to enable them to:
Understand procurement and contracting requirements. Comply with formal competitive bidding procedures. Understand conditions that apply after bid submittal and prior to contract award. The procurement documents that provide this information include: Procurement requirements such as: Bid solicitation Instructions to bidders Available information: subsurface investigations, surveys, records, and resource drawings Bid forms and supplements Addenda Contracting requirements such as: Contracting forms Conditions of the contract Specifications Drawings Of these documents, the contracting requirements, specifications, drawings, and addenda become contract documents when the owner-contractor agreement is executed.
