CGN4160 Civil Engineering Practice Spring 2021

Homework 3-2 Construction Contracts

Name: Juan Medina

Imagine a scenario where you are working for a construction company that is preparing a bid for the
Breeze Swept Subdivision Gravity Sewer, Force Main, and Lift Station project. Your first step will be to
review the project manual entitled, BREEZE SWEPT SUBDIVISION GRAVITY SEWER, FORCE MAIN, AND
LIFT STATION DESIGN BIDDING AND CONSTRUCTION CONTRACT DOCUMENTS AND TECHNICAL
SPECIFICATIONS to make sure you understand all that will be required of your company if you win the
contract. For an actual project, you would also review the drawings but that is not necessary for this
assignment.

Answer the following questions. When asked where something is stated in the contract you must list
the section number, section title, and paragraph (e.g., Section 00700, Standard General Conditions,
Paragraph 1.01.A.1). Each question is worth 5 points unless otherwise noted.

1. In which division of the project manual will you search for information relating to the bidding
processes?

The division 0 deals with bidding processes

2. List the section numbers that contain the instructions and forms necessary for a contractor to
submit a bid? A bidder needs to consider all information in the project manual and drawings to
submit a bid, but we are looking for the information and forms specifically related to bidding.

Section 00200 is the Instruction to Bidders, Section 00410 is the Bid Form, Section 00430 is the
Bid Bond, and Section 00431 is the Tabulation of Subcontractors and Suppliers

3. In which division of the project manual will you search for basic contract information like the
agreement, definitions that apply to the contract, owner and contractor responsibilities,
provisions for changing the contract, and forms for administering the contract?

Under Division 0 – Bidding and Contract Requirements

4. List the section numbers that contain the basic contract information and forms necessary to
administer the construction contract. All the information in the project manual and drawings
are necessary to administer the contract but we are looking for basic contract procedures and
responsibilities, and the forms required to administer the contract.

Section 00520 Agreement, 00550 Notice to Proceed, Section 00610 Performance Bond, Section
00614 Public Work, Section 00615 Payment Bond.

5. In which division of the project manual will you search for general project-specific requirements
such as procedures for measuring work performed for payment, construction coordination,
taking photographs, testing and laboratory services, field engineering, final cleaning, and project
closeout?

Division 1 - General Requirements

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Homework 3-2 Construction Contracts

6. What are technical specifications?

The Technical Specifications consists of general, products, and execution. The general part of
the specifications are the general requirements that governs the work. The products and
executions parts of the technical specifications modify and supplement the general
requirement by the detailed requirements for the work.

7. Which divisions of the project manual contain the technical specifications?

Division 2 – Site Construction

8. There are two locations in Division 0 (Bidding and Contracting Requirements) that generally
describe the work to be performed for this project. Give section and paragraph where these are
located.

Section 00700, Standard General Conditions, Paragraph 2.05.A, and Section 00700, Standard
General Conditions, Paragraph 6.04.A progress schedule.

9. What color must the PVC gravity sewer pipe be for this project? Where in the contract is this
specified?

The color of the PVC gravity sewer pipe must be green, and it is specified in Section 02530,
Pipework, Gravity Sewers, Paragraph 2.02.A

10. What is the purpose of the Supplementary Conditions? Where in the Contract is this explained?

The purpose of the Supplementary Conditions is to amend or supplement the Standard

General Conditions of the Construction Contract and other provisions of the contract
documents. They are found in Section 00700, Standard General Conditions, Paragraph 3.04 of
the contract documents.

11. Is the Owner required to deliver certificates of insurance to the Contractor? Where is this
required in the contract?

Yes, the Owner is required to deliver certificates of insurance to the contractor. This is
specified in 00700, Standard General Conditions, Paragraph 5.03.B of the contract.

12. How long does the Engineer have to review and either approve or reject the Contractor’s
application for payment?

The engineer will have 10 days after receipt of the final application for payment, to either
approve or reject.

13. How long after the receiving the Contractor’s application for payment (with Engineer’s
recommendation) is the Owner required to pay the Contractor? Where in the contract is this
stated?
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Homework 3-2 Construction Contracts

The payment is due 10 days after receiving the contractor’s application for payment. In the
contract Section 00700, Standard General Conditions, Paragraph 14.02 is where the payments
that are due by the owner are stated.

14. Who (Owner, Contractor, or Engineer) is responsible for the means, methods, techniques,
sequences, and procedures of construction?

The contractor is responsible.

15. Responsibility for means, methods, techniques, sequences, and procedures of construction is
discussed in at least nine locations in Section 00700 (Standard General Conditions) and Section
00800 (Supplementary Conditions). List these nine specific paragraph numbers.

Section 00700, Standard General Conditions, Paragraph 6.01.A

Section 00700, Standard General Conditions, Paragraph 6.17.C.1d

Section 00700, Standard General Conditions, Paragraph 6.17.D.2.

Section 00700, Standard General Conditions, Paragraph 8.09.A

Section 00700, Standard General Conditions, Paragraph 6.21.A

Section 00700, Standard General Conditions, Paragraph 9.02.B

Section 00700, Standard General Conditions, Paragraph 9.09.B

Section 00800, Supplementary Conditions, Paragraph SC-6.01.A.

Section 00800, Supplementary Conditions, Paragraph SC-9.03.B.2.d

16. Why do you think the contract assigns responsibility for means, methods, techniques,
sequences, and procedures of construction to this party instead of the other party?

This is because the contractor oversees the construction aspect of the delivery method and is
the one that knows what is best when it comes to means, methods, techniques and procedure
since he is the one with the experience and knowhow of construction out of the three (owner,
engineer, and contractor).

17. Explain the process that the contract prescribes for adjusting the Contract Price and/or Contract
Time in a situation where the Contractor encounters a differing subsurface or physical condition
(e.g., the Contractor encounters unsuitable soils that were not identified in the contract
documents and that must be excavated and removed before proceeding with the work).
Describe the steps that must be taken by the Contractor, Engineer, and Owner. State the
section of the Contract where this is explained. (10 points).
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Homework 3-2 Construction Contracts

The process that the contract prescribes for adjusting the contract price and/or contract time
in a situation where the Contractor encounters a differing subsurface or physical condition can
be found in Section 00700, Standard General Conditions, Paragraph 4.03.A – 4.03.C.2. The
process goes as follows, if such nature is inaccurate in the technical data, if such nature is
required to change in the contract documents, differs materially from what is shown in the
contract documents or is unusual in nature and differs materially from conditions ordinarily
encountered the contractor shall notify the owner and engineer in writing about such
condition. The contractor shall not disturb such condition or work on it until receipt of written
order to do so. The engineer will promptly review the pertinent condition, once receipt of
notice is given, and determine if the owner has a necessity to explore or conduct test with
respect to the condition. He will then advise the owner in writing with a copy to the
contractor of the engineer’s findings and conclusions.

The contract price and/or contract times will be equitably adjusted to the extent that the
existence of the condition causes an increase or decrease in the contractor’s cost of, or time
required for the performance of work. The contractor shall not be entitled to any adjustment
in the contract price and/or time if the contractor previously knew of such conditions at the
time the contractor made the final commitment to the owner with respect to the contract
times and price, the condition could have been found with any type of examination,
investigation or test of the site as required in the bidding requirements, or the contractor
failed to provide written notice.

18. What happens if the Owner and Contractor are unable to agree on adjustments to the Contract
Price or Contract Time caused by this differing subsurface or physical condition? Explain the
claim and dispute resolution processes provided in the contract that must be followed if they
continue to disagree, even after the Engineer decides. State the section and paragraph for each
of these steps in your answer (10 points).

If the owner and contractor fail to come to an agreement with regards to the contract time
and price a claim can be made, but neither the owner, engineer, or any of their employees,
officers, directors, members, partners, employees, agent, consultants, or subcontractors will
be liable to the contractor for any claims, losses, or damages sustained by the contractor on or
in connection with any other project or anticipated project. This can be found in Section
00700, Standard General Conditions, Paragraph 4.03.C.3.

The contractor will need make a written notice so it will be the base of the claim presented to
the Engineer and to the Owner. The Contract Price and Contract Time will only be changed by
a Change Order which will be based upon of the preceding information. This information can
be found in Section 00700 Standard General Conditions, Paragraph 12.01.A. and Section 00700
Standard General Conditions, Paragraph 12.02.A.

The Contractor can elect, in writing, to invoke any dispute resolution process provided in the
supplementary conditions, agrees with the owner to submit the claim to another dispute
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Homework 3-2 Construction Contracts

resolution process, or give written notice to the other party of the intent to submit the claim
to a court of competent jurisdiction. This can be found in Section 00700 Standard General
Conditions, Paragraph 16.01.

Extra Credit (10 points): Read General Note 25 on Sheet G4 of the drawing set entitled, Breeze Swept
Subdivision, Force Main & Lift Station Design, City of Rockledge, Florida. Is there someplace in the
project manual where the requirements of this note are already covered? If so, state the section(s) and
paragraph(s) and explain why you think they are already covered. Why would an engineer repeat on the
drawings provisions already stated in the project manual? In your opinion, is this good practice? Why
or why not?

Yes, there is a place in the project manual where the requirements of this note are already covered.
They are found in Section 01350 – Environmental Protection Procedures, Paragraph 3.01.A, Section
02370 – Erosion and Sedimentation Control, Paragraph 1.01.B, and Section 02370 – Erosion and
Sedimentation Control, Paragraph 1.13.A. I believe it is already covered in the project manual due to
liability reasons. The engineer repeated it on the drawing provisions so the contractor can see it when
in the field on the construction site. I believe this is good practice because as the engineer you are
limiting the chances that the contractor will forget or not consider such requirements when on the
construction site. Also, if the contractor makes a claim the engineer will be able to counter with the
amount of times he repeated the same requirement not only in the project manual but also in the
drawings.