contract specifications, bidding and contractor selection for capital replacement projects

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Contract Specifications Bidding and Contractor Selection for Capital Replacement Projects Presented by: Mitchell H. Frumkin, PE, RS, CGP President [email protected] www.kipcon.com (800) 828 4118

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Page 1: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

Contract Specifications

Bidding and Contractor Selection

for

Capital Replacement Projects

Presented by:

Mitchell H. Frumkin, PE, RS, CGP President

[email protected]

www.kipcon.com (800) 828 4118

Page 2: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Topics Covered

Who are the Involved Parties

The Construction Process

The Contracts

The Construction Documents

Bidding

Contract Administration

Cost Reduction Techniques

And In All Cases, How To Minimize Risk

Page 3: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Construction Projects For Community Associations

Typical Projects

◦ Paving

◦ Roofing

◦ Facades

◦ Siding

◦ Drainage

◦ Decking

◦ Retaining Walls

◦ Mechanical Equipment

Page 4: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

Construction Projects For Community Associations

4

Reasons For Projects

◦ Age (review your reserve study)

◦ Upgrades

◦ New Amenities

◦ Natural Disasters

Flooding

Ice Damming

◦ Fire

◦ Energy Efficiency

Page 5: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Sources of Funds For Community Associations

Sources of Funds ◦ Reserves ◦ Assessments ◦ Borrowing ◦ Insurance ◦ Incentives

Pay 4 Performance Direct Install Dsireusa.org

Page 6: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

The Involved Parties 6

The Community Association

The Community Association Manager

The Community Associations Attorney

The Engineer

The Contractor

Page 7: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

The Construction Process 7

Engineer works directly for the Owner: ◦ Preparing designs and specifications

◦ Providing assistance in selecting contractor

◦ Providing oversight during construction

Contractor works directly for the Owner ◦ Doing the work

Design / Bid / Build

Page 8: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The Design, Bid, Build Process

Owner

Community Association

Design Professional

Contractor

Page 9: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Who Is The Owner?

With the project being coordinated through the Manager

Owner

Design Professional

Contractor

Manager Manager

Page 10: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Who Is The Design Professional?

The Design Professional is Typically the Engineer (or Architect) who drafts the specifications and provides Contract Administration Services

Owner

Design Professional

Contractor

Page 11: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Who Is The Contractor?

The Contractor is responsible for taking the specifications and for the agreed upon price delivers the described work.

Owner

Design Professional

Contractor

Page 12: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Who Is The Contractor?

And, lets not forget the Attorney for the contract reviews and preparation

Owner

Design Professional

Contractor

Attorney

Page 13: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The Contracts

Community Association and Engineer

◦ Generally Prepared by Engineer and Reviewed by Associations Attorney and describes contractual requirements and scope of work

Payment terms

Insurance

Commercial Terms

Schedule

Page 14: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The Contracts

Community Association and Contractor

◦ Contract : Describes the contractual requirements.

Payment terms

Warranties

Insurance

Schedule

Commercial terms

Work to be performed

Page 15: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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What are the Contracts?

The Contracts form the basis for the Relationships and Responsibilities of the Parties

◦ Prepared (or reviewed) by Owners Attorney

Forgotten when the project is going smoothly

When problems occur they are the primary source of what is and is not included

Page 16: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The Owner/Engineer Contract

Scope of Services ◦ Construction Documents

Drawings Specifications

◦ Cost Estimates First Cost Evaluated Cost

◦ Bidding Pre Bid Meetings Contractor Selection Bid Evaluation

◦ Contract Administration Construction Observations and

Reports Change Order Requests Punch lists Review and Approval of

Invoices

Page 17: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The Owner/Engineer Contract

◦ Should Describe

The work to be performed

Cost of the work

Payment Terms

Schedule

Dispute resolution

Additional work

◦ Limits of liability

Indemnification

Additional Insured's

Page 18: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The Construction Documents

Design Drawings

Specifications

Page 19: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Design Drawings

A graphical presentation of the proposed project which identifies both the existing as well as the proposed conditions which are used to define the project.

◦ Architectural

Floor plans

Elevations

Sections

◦ Engineering

Civil

Structural

Electrical

Mechanical

Plumbing

Page 20: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Specifications

The written portion of the construction documents which describe the specific products and quality standards required for the construction of the project.

The Contractor should acknowledge in the Contract that they have read and agree to all portions of the Specification and that they can perform the work outlined, have no questions regarding the work specified and will be performing all work in conformance with the Contract and if they are not, what alternates they are proposing.

Specifications are not intended to define the means or methods for execution the project. This is the Contractors responsibility.

Page 21: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Specification Sections

For Major Projects, Much Less Extensive For Small Projects

Advertisement for Bid

◦ When bids are due

◦ Pre bid meetings

◦ Questions regarding bids

Instructions to Bidders

◦ How to ask questions (in writing by deadline)

◦ How to submit bids (3 copies, sealed envelopes)

Bid Proposal Form

◦ Format of bids (lumps sum, quantities, etc.)

◦ Adds, deducts

Certificate of Ownership (of contracting firm)

Page 22: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Specification Sections

Bidders Affidavit

◦ Confirming price and for how long

Qualification Questionnaire

◦ References

Non Collusion Affidavit

Site Visit Form

Bid Bond

Affirmative Action Plan

General Conditions

Page 23: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The General Conditions

Are Meant to Define the Relationships, Rights and Responsibilities of the Various Parties Involved

Cost of Project

Method, Conditions and Limitations (retainage) of Payment

◦ Retainage : a reductions in payments until certain construction milestones are reached or the project is completed. In a typical case, a 10% retainage is withheld from each payment and not released until all work is complete and all punchlist work is completed.

Project Schedule

◦ Penalties for being late possibly including cost of additional engineering oversight

Page 24: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The General Conditions

Insurance Requirements

◦ General Liability (for personal injury or property damage)

◦ Motor Vehicle

◦ Workers Compensation (on the job injuries)

◦ Builders Risk (property loss during the project prior to completion)

◦ Owner should also require certificates of insurance from all subcontractors being used as well as from Contractor showing that all policies are current.

◦ Also request that the Association, Management Company, Engineer and all Contractors representatives are named as additional insured's on the policies.

Page 25: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The General Conditions

Bond Requirements (insurance that work will be completed if Contractor goes out of business during course of project)

Page 26: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The General Conditions

Indemnifications : Contractor will indemnify and defend parties for damage, injury etc. caused during the project.

◦ Association

◦ Management Company

◦ Engineer

Page 27: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The General Conditions

Schedule of Values

◦ Lists total cost as well as a breakdown of the quantities and costs for each portion of the work. In many cases the schedule of values is used as the basis for payment to the contract as they will submit an invoice which shows the percentage complete for each item and how much is due (less retainage if applicable).

◦ Quantities

Include for apples to apples and ask for confirmation

Request for apples to apples , not confirmation

◦ Allowances

◦ Unit Pricing

◦ Add Alternates

◦ Deduct Alternates

Page 28: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The General Conditions

Types of Project Costing Methods

◦ Lump Sum

◦ Unit price

◦ Time and Materials

◦ Costs plus fees

◦ Combinations

Pavement restoration project, combination lump sum for overlay and unit cost for pavement reconstruction in areas that are not visible during specification preparation

Roofing, combination lump sum for shingles and unit cost for damaged sheathing which cannot be seen during specification preparation.

Page 29: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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The General Conditions

Guarantees and Warranties required

Communications ◦ Owners rep, Engineer etc.

Coordination of Permits and Inspections

Page 30: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Bidding

The process in which the Construction Documents are Sent to the Selected Bidders to Obtain Bids

The first step is to select the Contractors to bid. This should be based on

◦ Experience with Contractors

◦ Reputation of Contractors

◦ Trade Journals (such as CAI magazines)

If the project is publicly bid using services such as the Dodge Reports of the Construction Data News, it is much more imperative to check references, financial strength etc.

Page 31: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Bidding

The Pre Bid Conference

◦ Either mandatory or optional

◦ Listen to Contractors questions as they will help understand the completeness of the bid documents and any areas which should be clarified.

◦ Typical Agenda Circulate a sign in sheet

Introduction of Owner, Manager and Project Team

Introduction of contractors

Overview of project

Bidding procedures and deadlines

Questions and Comments ◦ Answers will be provided to all in a

formal addendum

Tour of property

Page 32: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Negotiation

Purposes of Negotiation

◦ Value Engineering

◦ Confirm low bids

◦ Discuss project schedule, penalties, subcontractors

◦ Bonds vs. payment terms

◦ Cost savings based on payment terms

◦ Working hours

Page 33: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Negotiation

This is the opportunity to confirm that all parts of the specification are clear and that no misunderstanding can exist with any of the Contractors. During this period, any questions can be answered and clarifications provided to all bidders. It also can help assure that all bidders are bidding based upon the same expectations of the bid documents.

It is also very important that the bidders are not only clear on the work to be performed but also on the Bid Proposal Form requirements. This is the opportunity to confirm this understanding

Page 34: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Contract Administration

The services provided by the Engineer to review for general conformance to the construction documents.

Reviewing Work For General Conformance with Design Documents

◦ Field reports

Provide interpretations of the contract documents when requested

Evaluate and recommend additional work

◦ Critical for renovations

To review progress of work to authorize payment

To prepare punch list of damage to be corrected prior to release of retainage

Not responsible for “supervision”

Not responsible for means or methods

CONTRACTOR IS STILL RSPONSIBLE FOR THEIR WORK !

Page 35: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Cost Reduction Techniques

Consolidate Multiple Projects of the Same Type When Bidding

Review available Incentives/Rebates

Review break even periods when including maintenance and energy costs (Use Green Reserve Study as starting point)

Page 36: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Minimize Risk

Understand the roles of each party

Contractor is responsible for executing the construction documents

Engineer is responsible for developing the construction documents and is the Owners Representative.

Low price is not always the best alternative

Establish payment terms based on completed work only (if possible)

Do not let Manager provide services out of expertise

Page 37: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Why Pay For an Engineer When I can Get it Free From a Contractor?

Nothing is Free

Better Pricing Due to Competition

‘Apple for Apple’ Comparison

Consistency in the Bids

Predictable Results

Page 38: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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And Now, The Short Commercial…

[email protected]

Reserves

Transitions

Value Engineering

Energy Audits

Building Envelope Analysis and Design

Site Analysis and Design

Rebate Analysis

Page 39: Contract Specifications, Bidding and Contractor Selection for Capital Replacement Projects

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Questions ?

Mitch Frumkin [email protected]

Call us to walk site or for in house presentation or a copy of this

presentation Next Webinar

Construction Defects : How to Evaluate if Your Claims are

Objective Wednesday February 18