CONSTRUCTION ADMINISTRATION Quality Control, Responsibility & Liability TQC Presentation 01/17/08

TECHNICAL RESOURCES GROUP Presentation Series Part 1 TQC Policy and Liability Construction Administration Procedures Designer’s Role and Responsibilities Part 2 Site Construction and Detailing Construction methods Roundtable discussion

TECHNICAL RESOURCES GROUP Liability Signing Principal and Firm Construction Administration Procedures Designer’s Role and Responsibilities Part 2 Site Construction Construction methods Roundtable discussion

CONSTRUCTION ADMINISTRATION The Designer's Role TQC Presentation 01/17/08

TECHNICAL RESOURCES GROUP What is to be covered The Designer's Role During Construction (or "Contract") Administration – Prime-Agreement-Holder versus Consultant-to-Prime-Agreement-Holder – Controlling Documents – Additional Information/RFI's – Rejecting Work – Changes to the Contract – Submittals – Substitutions – Field Reports – Substantial Completion

TECHNICAL RESOURCES GROUP The Designers Role During CA Owner Designer Prime Agreement Holder Contractor GC/CM Consultant(s) Subcontractor(s) AIA B141 AIA A201 Contract Documents

TECHNICAL RESOURCES GROUP The Designers Role During CA Prime Agreement Holder – AIA B141 Owner-Architect Agreement + Sasaki Amendments/ Sasaki Short Form Agreement – For ALL trades Be a representative of the Owner/Awarding Authority only to the extents… Visit the site at intervals Not have control of construction means/methods or safety Review and certify amounts due the contractor Reject work Review submittals Prepare Change Orders Interpret and decide matters concerning performance – "Represent the Documents"

TECHNICAL RESOURCES GROUP The Designers Role During CA Consultant to Prime Agreement Holder – AIA B141 Owner-Architect Agreement + Sasaki Amendments/ Sasaki Short Form/ Other Agreement – For trades included in design scope Be a representative of the Prime Contract Holder only to the extents… Visit the site at intervals Not have control of construction means/methods or safety Review and certify amounts due the contractor Reject work Review submittals Prepare Change Orders Interpret and decide matters concerning performance – "Represent the Documents"

TECHNICAL RESOURCES GROUP Controlling Documents Schedule of Values – Breakdown of the contract price – Usually based upon specification sections – Basis for Applications for Payment Progress Schedule – Contractor’s plan for completing the work – Can be monetized (coordinated w/ Schedule of Values) – Submittal Schedule

TECHNICAL RESOURCES GROUP Controlling Documents Performance and Payment Bonds – Issued by surety – Assurance in case of default on performance (labor) – Assurance in case of default on payment (materials) Applications for and Certificate of Payment – Amount due, monthly Labor Materials – Retainage Amount held by owner pending successful completion of the work Usually 5% – Certification The work IN GENERAL has progressed to the point indicated

TECHNICAL RESOURCES GROUP Request For Information (RFI's) Contractor Initiated – Prime Agreement Holder Review and coordinate responses among consultants Issue "official" response to contractor – Consultant Provide response to Prime Agreement Holder for issues included in design scope Contractor Responsibilities – Clear statement of issue/question, reviewed against and referenced from the documents Response Time Frame – Set by Division 1 or General Conditions

TECHNICAL RESOURCES GROUP Rejecting Work Liability "Minefield" Depends upon scope of rejection – Minor work/scope – Major work/scope Pending Change Orders/Proposal Requests – Pending changes are not a reason to reject work - If a change order has been fully executed, then the contractor is contractually required to perform the change. If not, then no obligation exists for deviation from the Contract Documents or approved Progress Schedule.

TECHNICAL RESOURCES GROUP Rejecting Work Clear understanding of Contract Document requirements and subsequent communications/understandings/agreements – Addendum – RFI Responses/Interpretations – Change Orders – Project Meeting discussions/records (meeting notes) – Prior Communication Written Verbal Issued as Recommendation for… – Owner/Awarding Authority Acceptance (Prime Agreement Holder) – Prime Agreement Holder Acceptance (Consultant)

TECHNICAL RESOURCES GROUP Submittals Information provided by the contractor to demonstrate his understanding of the documents and the expressed design concept/intent as conveyed in the Contract Documents – Shop drawings - custom fabrications – Samples - representative material – Product Data - manufacturer’s standard information – Certifications, records, reports, etc. Contractor’s responsibilities – Appropriately timed/coordinated with progress schedule – Reviewed for conformance with the requirements of the Documents – Complete/coordinated between trades – Proper form/format/copies

TECHNICAL RESOURCES GROUP Two Primary Types – Action Submittals - to be reviewed and returned Product DataShop Drawings SamplesProduct Schedule/list Construction ScheduleSubmittal Schedule Schedule of ValuesSubcontractor List – Informational Submittals - not returned Coordination DrawingsQualification Data CertificatesReports Maintenance DataInsurance Certificates/Bonds Construction Photos/videoMSDS (Material Safety Data Sheets) Submittals

TECHNICAL RESOURCES GROUP Designer’s Responsibilities (Prime Agreement Holder) – Timely review Normally 2 weeks (10 working days), but can be extended if required – Consistent, Coordinated Consultant reviews Designer's Responsibilities (Consultant) – Timely review, within agreement requirements NOT FOR INTRODUCING CHANGES TO THE DESIGN/CONTRACT – Limit review to what is currently in contract – Notation referring to pending change may be made in limited manner as a "heads-up" for the contractor – Follow Change Order process for changes Submittals

TECHNICAL RESOURCES GROUP Separate process from Submittals The burden is upon the Contractor – Performance – Coordination – Compatibility Designer’s responsibility – Contractual (typically an additional service) – Review information provided and make recommendation to Owner or prime agreement holder for their decision If recommendation is to accept a substitution, it does not encumber the designer with incorporating it into the documents Substitutions

TECHNICAL RESOURCES GROUP Documentation of Designer site visit May be Code required (MSBC Controlled Construction) Prime Agreement Holder - Copy to: – File – Owner – Contractor – Code Official (included in final report) Consultant - Copy to: – Prime Agreement Holder Format – SA Form (MS Word Template) – memo Field Reports

TECHNICAL RESOURCES GROUP Record of – Conditions at the site – Parties present – Work in Progress – Observations – Discussions/direction provided – Defective work observed Field Reports

TECHNICAL RESOURCES GROUP Date when the project is sufficiently complete so as to permit the owner’s use for the intended purpose – Certificate of Occupancy Starts warranties Starts a countdown to the end of the contractor’s contract Starts a countdown to the end of the designer’s contract Prime Agreement Holder Responsibilities – Certificate of Substantial Completion (AIA G704) – Creation of or verification of contractor’s punchlist w/ $$$ Substantial Completion

TECHNICAL RESOURCES GROUP Certificate of Substantial Completion – Prepared by prime agreement holder Indicates – Portion of project – Date of Issuance – Cost estimate for incomplete/ defective work – Time frame for completion – Signed by Designer, Contractor, and Owner Substantial Completion

TECHNICAL RESOURCES GROUP Punchlisting – Review of the work for conformance with the contract documents – Prior to Owner occupancy – Determination of Value ($$$) of the work outstanding or incorrect Scope of Work must be present – Compiled by prime agreement holder – Includes items from consultants for applicable scope Substantial Completion

TECHNICAL RESOURCES GROUP You have to do the work... …and there is nothing quite like being right.

TECHNICAL RESOURCES GROUP Presentation Series Tentative Schedule for future TQC Lunchtime Presentations Feb. 14 Contract Administration & Detailing Mar. 13Specifications, part 1 Apr. 17Specifications, part 2 May 15Drawing Composition June 12Shop Drawing Review July ADA issues

TECHNICAL RESOURCES GROUP