Legal requirements and contractual duties MODULE 1

Objectives Establish roles and relationship on the CM team. One decision. Avoid conflicting information or direction from others Same page, Same team… Who does what when the City hires a consultant CM? When the City assigns a CM verses a consultant CM. Discuss the importance of effective public communications to make a project run smoothly. Discuss how CM pro-activeness pays off.

Project Team Relationships

Typical CM Team Construction Manager/Resident Engineer Inspector Material Tester Surveyor Other Staff Office Engineer Scheduler Caltrans oversite staff Staff from another City agency

Construction Management/Inspection What a CM/Inspector is: Observer of Field Work Approving Methods and Materials Interpreting Plans and Specs Documenting Project Activities Being Part of the Solution What a CM/Inspector is not: Running the Crew Policing the Work Setting Contractor Up for Failure Vindictive and Punitive Only Paper Pushing

CM/Resident Engineer’s Role Monitor budget Monitor schedule Report/Process Quantities for Payment Draft Change Orders Resolve Field Issues Resolve Conflict Manage Inspectors Collaborate with Designers Communicate to the Public

Inspector’s Role Keep CM/Resident Engineer Informed Document Progress/Diaries Track Quantities for Payment Document Placement/Measure In-place units Be interactive with the Contractor Proactively identify issues Avoid problems and Recommend Solutions Coordinate with others (contractors, public…) Resolve Field Issues Document Progress Identify & Speak up

CM Team Responsibility Matrix

CM and Inspector must work as a team Regardless of Agency furnished CM or a consultant Communicate Team must be seamless with decisions Same expectations of the contractor and one-another

What Happens When Agency Hires a Consultant CM? Responsibilities shift Done to leverage resources to deliver more projects Consultant CM is accountable for select duties Consultant CM must report back to Agency PM CM must appear to the public as City staff CM must deliver the project

Methods of Assigning a CM City Assigned CM Consultant Furnished CM

CM/Engineer’s Authority Quality/Acceptability of Work Interpretation of Plans/Specs Fulfillment of Contract

Roles and relationship on the CM team. One decision Avoid conflicting information or direction from others Same page, Same team…

Sources of Responsibility City Construction Manager/Resident Engineer/Project Manager Contract Documents Codes & Regulations Policy & Procedures Manuals

5-1.01 Authority of Engineer The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final, and the Engineer shall have authority to enforce and make effective those decisions and orders which the Contractor fails to carry out promptly. (2006 CT Standard Specs)

Authority of Engineer

Effective CM Communications Starts with talking with the designer Designer/City/CM should talk about the project CM should be aware of discussions with the public (RE file) Bidability/constructability helps CM understand the design During construction CM should communicate with the designer/City City/CM should communicate with the public

CM Team Pro-activeness Review contract documents ahead of time Look ahead in the schedule