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Contract Documents

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Background

The principle project objectives are to build a project within budget, on time, and according to the quality specifiedThe quality is defined by the drawings and specifications

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Background (cont.)

The contract documents serve three purposes: basis for competitive bidding as contract administration documents basis for the settlement of disputes,

etc.

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Bid Documents and Contract Documents

The bid documents are: instructions to bidders proposal form form of agreement general conditions special (supplemental) conditions drawings specifications addendum

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Contract Documents

The contract documents are: form of agreement general conditions special (supplemental) conditions drawings specifications bonds addendum and change orders

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Drawings

Drawings are part of the bid and contract documents project specific drawings: show

arrangements, construction details, materials, etc.

standard drawings: done for convenience generally by owners who build many projects and always use the same details, I.e., manholes, curb and gutter, guide rails, etc.

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Drawings (cont.)

standard drawings are done for convenience, economics, and efficiency (saves time)contract drawings consist of the following: site layout and grading architectural and arrangement structural mechanical and plumbing electrical

See AIA A101, Art. 9

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Drawings (cont.)

Drawings that are not part of the bid and contract documents: as-built drawings shop drawings: design drawings show

enough detail to establish the intent of the design--shop drawings are used to fabricate the pieces and to build the project

shop drawings are usually prepared by the fabricator

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Hyatt Regency Collapse

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Organization

CrownCenter

HavensSteel

Contractor

GCM

Gillum-Colaco

Gillum

Duncan

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Type of ConnectionsAll connections are the responsibility of the designer of record (Duncan)Simple no unusual loads; can use AISC manual

Complex extreme or unusual loads or loads

transferred from different directions

Special hybrid connections or where it is non-redundant

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Deficiencies

Failed to communicate to fabricator that he was to design connectionDid not reflect need for special weld, stiffeners, and bearing platesDid not communicate that steel rods should be high strength steel instead of regular strength steelDesign did not meet Kansas City Building Code

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Deficiencies (cont.)

Stated double rod system was OK without checkingKept no records of web shear calculations and other necessary calculations or testsDid not make calculations to determine soundness of hanger connection

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Deficiencies (cont.)

Did not check shop drawings for compliance with the Kansas City Building CodeDid not check shop drawings with design conceptWas lackadaisical with their own internal proceduresDid not complete check of steel design after atrium collapse, despite telling the owner otherwise

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Specifications

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Background

Specifications describe verbally how the project is to be constructed or the expected resultsSpecifications address materials, workmanship, and operation or performance characteristics

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Specification Divisions (organization)

Some organizations have developed standard formats for organizing specificationsPublic agencies may have their own formatIn commercial work, the most commonly used specification format is the one published by the Construction Specifications Institute (CSI)

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Standard Material Specifications

These are standard specifications that have been developed by agencies and professional organizationsExamples of agencies and organizations include: federal government--standard military

specifications technical societies--ASTM, AASHTO,

ANSI, etc.

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Technical Specifications

Provide verbal descriptions of technical requirementsWhere possible, tests and measurements are used to verify quality or performanceMaterials and workmanship standards are described when work cannot be verified by field tests

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Type of Technical Specifications

Performance specifications also called end-result specs contractor must meet specified

performance or service requirements contractor is responsible for achieving

results Best suited where desired results can

be verified by observation, tests, measurements, etc.

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Type of Technical Specifications (cont.)

Design specifications also called prescription specs.,

materials and methods specs., or method specs.

contractor is told what to do and how to do it

suited for situations where end results cannot be easily verified.

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Type of Technical Specifications (cont.)

Closed specifications specified material or equipment is

cited by name or the precise features or characteristics of a given brand name are listed

substitutions are not permitted eliminates competition and can lead to

higher prices normally not permitted on public

contracts

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Type of Technical Specifications (cont.)

Open specifications commonly used by public and private owners materials and equipment from various

manufacturers is permitted so long as they meet the performance and quality criteria

generic specifications can lost quality and performance criteria, not brand names

proprietary specifications can list characteristics and products with an “or equal” clause that permits substitutions

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Problems Related to Specifications

Unsatisfactory result despite compliance to specifications--mixed end result and method specificationsdefective specificationsthe “or equal” clause

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Specification Compliance

In 1971, the City of Covington, LA hired Thomas H. Heard to construct a new sewer system. The contract gave Heard the option of using any of three types of pipe--clay, plastic, or solid wall. The contract specified the use of Johns-Manville Flextran gravity sewer pipe or an equal in the event the contractor elected to use plastic pipe. Heard decided to use plastic pipe and installed Flextran.

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Specification Compliance (cont.)

When Heard finished the work, the city engineer certified that Heard had complied with all plans and specifications.

The pipe repeatedly ruptured in 1975 and 1976 and twice more in 1979 and 1980. The city asserted that Heard had used defective materials and installed the pipe incorrectly, causing the ruptures. Is Heard responsible for the damages?

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Defective Specifications W. H. Lyman Constr. Co. contracted with

the Village of Gurnee to build a sanitary sewer. A portion of the project was parallel to the Des Plains River. Due to high subsurface water, the contractor was unable to seal the manholes to achieve the required infiltration rates. Eventually, they were sealed by a method that was originally prohibited by the contract. Should Lyman be reimbursed?

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The “Or Equal” Clause

The Clark Dietz Div. of CRS Group Engineers, Inc. acted as the project engineer on two wastewater treatment plants built by the Urbana and Champaign Sanitary District in Illinois. As part of its duties, the firm prepared the specifications for the sludge dewatering equipment based on a belt filter press manufactured by Ralph B. Carter Co.

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The “Or Equal” Clause (cont.) Waldinger Corp. was low bidder and listed in

its bid a press manufactured by Ashbrook-Simon-Hartley, Inc. After Waldinger was awarded the subcontract, it executed purchase orders for the Ashbrook equipment. Dietz however refused to approve the Ashbrook press. Subsequently, Waldinger purchased the Carter equipment for a higher price. Should Waldinger be compensated?