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Civil Engineering Contract Documentation
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TABLE OF CONTENTS
Learning Objectives/Outcomes
Project Cycle
Contracts Documentation
Report Writing
References
2
LEARNING OBJECTIVES/OUTCOMES
• Where documentation fits into the overall management of construction projects
• The project cycle
• What contracts are needed for a construction project
• What documentation makes up a construction contract
• The importance of writing concise and accurate reports
3
PROJECT LIFECYCLE/PHASES
• Concept Phase
• Definition Phase
• Implementation Phase
• Close-out Phase
4
PROJECT PHASE & DOCUMENTATION
• Concept Phase
– Project Business plan/Business Case, Funding approval, Project Brief, RFP/RFQ, Proposal evaluation reports, letters of appointments , Contract Documents, Feasibility Report/Technical Report, Project Implementation Plan etc
5
PROJECT PHASE & DOCUMENTATION
• Definition Phase
– Contract/Procurement Strategy, Project Implementation plan(revised), Design Brief, Preliminary designs/design reports & cost estimates, final Detailed Designs/design reports, final drawings and specifications, Bill of quantities, Cost Estimations, Tender/bid documents ,Tender evaluation/adjudication reports, letters of appointments, contract documents, etc
6
PROJECT PHASE & DOCUMENTATION
• Implementation Phase
– Project Implementation plan(revised),Project Progress Reports, Minutes of Meetings, payment certificates, site records, store records, cost reports, audit reports, special reports, investigative reports, sub-contractor/supplier’s quotations, appointment of sub-contractors/suppliers, Sub-contract/Suppliers contract documents, supplier’s invoices, payroll records etc
7
PROJECT PHASE & DOCUMENTATION
• Close-out Phase
–Snag/De-snag list, Completion certificates, Project close out report, As built drawings, Operational manuals, project final accounts etc
8
CONTRACT
• A written or verbal agreement between two(2) or more contracting parties that is intended to be enforceable by law.
• All the forms of contract are subject to SA Contract Law.
9
CONTRACT
Party2
Party 1 Contract/Contractual Relationship
Customer
/buyer/
Employer
Contractor/Seller
/ Service Provider
11
CONTRACTS _PURPOSE
• Common method of engagement/
appointment for construction service or supplies in the construction industry
12
CONTRACTS _CONTRACTING MODEL/APPROACH
13
Client/Employer/Owner
Principal Agent( P.M.)/Implementing Agent(IA)
Consulting Engineer(“Engineer”)
Land Surveyor
Sponsors
Specialists Consultants • OHS Co. • Eco. • Geotechnical • EE • ME • SF
QS
Main Contractor
Sub- Contractors (Own/
Nominated)
Suppliers (Own/
Nominated)
Site Agent/ Contractor’s
Rep.
Govt Agencies/Depts,
Main/Lead Consultants
Sub- Consultants
Architect
Over 10 different Contracts & Associated Contract
Documentation
CONTRACTS _CONTRACTING MODEL/APPROACH
• REVEALS
–CONTRACT ROLE PLAYERS
–CONTRACTS OR CONTRACTUAL RELATIONSHIPS AMONGST THE ROLE PLAYERS
14
CASE STUDY PROGRAM NAME; KSD PRESIDENTIAL INTERVENTION PROGRAM
PROJECT NAME; PHASE 1B-2 UPGRADE OF MTHATHA WWTW; NEW INTAKE WORKS
Employer
ORTDM
IA/PM
Amatola Water
Consulting Engineers(“Engineer’)
UWP Consulting (Pty) Ltd
Contractor
Mamlambo Constr(Pty) Ltd
EC Provincial Planning & Adjudication
Committee
Funding Agency
DWA
EE
AKM &
Associates
ECO
Pollution
Control
Tech(PCT)
OHS Cons
Newground
Projects
Electrical
Ukhanyisa
Electrical
Contractors
Mech
Huber
Technologies
Emergency
Repairs
WSSA
Site Agent ER
E.Chiyaze
Foremen
Artisans
Others
Social
Facilitators
etc
15
CONTRACTS
_STANDARD FORMS OF CONTRACT
• Appointment of PM/IA
– SACPCMP standard forms of contract
• Appointment of Consulting Engineers/Sub-Consultants/Specialists
– CESA Standard forms of contract
– NEC,
– FIDIC
• Appointment of Architects
– SAIA Standard forms of contract
• Appointment of Contractors/Sub-Contractors/Suppliers
– GCC,NEC,FIDIC,JBCC,COLTO
16
CONTRACT DOCUMENTATION
17
CONTRACT DOCUMENTATION
TENDER DOCUMENTS
CONTRACT DOCUMENTS
TRANSFORMATION/MODIFICATION
CONTRACT DOCUMENTATION _IMPORTANCE
• Close to the centre of the project cycle
• Communication tool(Project objectives and concepts)
“BIBLE” OF THE CONTRACT
18
CONTRACT DOCUMENTATION _CONTRACTING METHOD(TENDERING)
–Preparation of Tender Documents
–Request/Invitation to tender( Advert)
– Tender offer
– Tender Evaluation( Responsiveness, functionality, Price/Black Ownership)
– Tender Adjudication(Source Selection)
–Contract Award
–Preparation & Execution of Contract documents
19
GOOD CONTRACT DOCUMENTATION
• Concise,
• Clear (No Doubts)
• Complete ( All Relevant Info provided)
• Free of errors.
Avoid the use of copy and paste and templates.
20
GOOD CONTRACT DOCUMENTATION _BENEFITS
• Reduces uncertainties, ambiguities, contradictions, misinterpretations
• Reduces claims for extras
• Reduces contractual disputes
• It’s in the interest of the client to ensure good contract documentation
21
POOR CONTRACT DOCUMENTATION _RESULTS
• Uncertainties, ambiguities, contradictions, misinterpretations
• Numerous claims for extras
• Contractual disputes
23
CONTRACT DOCUMENTATION _PREPARATION GUIDELINES
• The CIDB “Standards for uniformity in construction procurement” (Government Gazette No. 29138 of 18 August 2006)
• The CIDB “ Procurement Practice Guide/Notes”
• SANS 294: Construction Procurement Processes, Procedures and Methods
• SANS 10403: Formatting and Compilation of Construction Procurement Documents
• SABS 0120: Part 1-1979 Preparation of contract documents
24
TENDER DOCUMENTS _PURPOSE
• Defines;
– Scope of work( Drawings/BOQ)
– Technical specifications/requirements
• Utilized to prepare cost estimates for the project
• Provided to prospective tenderers when they are invited to tender
• Forms the basis for the evaluation of the tenders
25
TENDER DOCUMENT_FORMAT PORTION 1; TENDER
PORTION 2; CONTRACT
Part 1- TENDERING PROCEDURES • Tender notice & Invitation to tender(white pages) • Standard Conditions of Tender (Pink pages)- Reference • Tender Data/Specifications (Pink pages)
Part 1-AGREEMENT & CONTRACT DATA (Yellow pages) • Forms of offer and acceptance • Form of Agreement • General conditions of contract (GCC 2010)- Reference • Special conditions of contract(amendment of the GCC clauses) • Contract Data • Form of Performance Surety
Part 2- RETURNABLE DOCUMENTS(Yellow pages) • List of Returnable Documents • Returnable Schedules
Part 2:- PRICING DATA (Yellow pages) • Pricing Instructions- rules for completing the BOQ • Activity Schedule or Bills of Quantities(BOQ/SOQ) - unpriced
Part 3:- SCOPE OF WORK & PROJECT SPECIFICATIONS (Blue pages) • Description of Works(Blue) • Drawing Schedule/List of Drawings-(white) • Standardized specifications( SABS/SANS 1200 Series/COLTO)-Reference • Project Specifications(Special Provisions)-Blue • Particular Specifications -Blue
Part 4: SITE INFORMATION (Green pages) • Locality Plan • Scope • Subsoil Investigation • Site Mapping & Hydrological Data • Interpretation of Geotechnical Investigation • Existing Buildings & Structures • Atmospheric & Environmental Criteria
Part 5- ADDITIONAL RELEVANT DOCUMENTS • OHS Specifications • Tender Drawings
26
CONTRACT DOCUMENT_FORMAT PORTION 1; TENDER
PORTION 2; CONTRACT
Part 1- TENDERING PROCEDURES • Tender notice & Invitation to tender(white pages) • Standard Conditions of Tender (Pink pages)- Reference • Tender Data/Specifications (Pink pages)
Part 1-AGREEMENT & CONTRACT DATA (Yellow pages) • Forms of offer and acceptance • Form of Agreement BOTH FORMS COMPLETED, SIGNED AND STAMPED BY BOTH PARTIES. • General conditions of contract (GCC 2010)- Ref. • Special conditions of contract(amendment of the GCC clauses) • Contract Data • Form of Performance Surety COMPLETED,SIGNED
Part 2- RETURNABLE DOCUMENTS(Yellow pages) • List of Returnable Documents • Returnable Schedules
Part 2:- PRICING DATA (Yellow pages) • Pricing Instructions- rules for completing the BOQ • Activity Schedule or Bills of Quantities(BOQ/SOQ) - PRICED
Part 3:- SCOPE OF WORK & PROJECT SPECIFICATIONS (Blue pages) • Description of Works(Blue) • Drawing Schedule/List of Drawings-(white) • Standardized specifications ( SABS/SANS 1200 Series/COLTO)-Ref. • Project Specifications(Special Provisions)-Blue • Particular Specifications -Blue
Part 4: SITE INFORMATION (Green pages) • Locality Plan • Scope • Subsoil Investigation • Site Mapping & Hydrological Data • Interpretation of Geotechnical Investigation • Existing Buildings & Structures • Atmospheric & Environmental Criteria
Part 5- ADDITIONAL RELEVANT DOCUMENTS • OHS PLAN & EMP • Tender Drawings
27
CONTRACT DOCUMENT _COMPILATION
• Bound form; – No loose pages or pages stapled together or missing pages.
• Table of Contents Page; – shows all the page numbers allocated to each section
• Page Numbering; – Previous page numbers can be deleted and new page numbers inserted
to ensure compliance.
This is to prevent the document from being tampered with after execution.
28
CONTRACT DOCUMENT _AUTHENTICATION
• Contractual parties
– Signed and initialled by both parties or representatives with power of attorney or company resolutions.
• Witnesses
– It is sufficient for each party plus one witness to initial each page.
29
CONTRACT DOCUMENT _DISTRIBUTION
• Copies for all parties;
– consultant/engineer, contractor & employer.
• The employer keeps the original copy
30
REPORT WRITING _INTRODUCTION
• Civil engineers have to report on the things that they do all the time, so it is worthwhile to practice and to polish your report writing skills.
• Communication Method/Tool
31
REPORTS _TYPES
33
1.4.1 The Project Life Cycle and Reports:
Project Phase Reports
Concept Phase
Project Business case/plan/
Feasibility Report/Technical Report, etc
Definition Phase Project Management plan,
Preliminary Design report and Cost Estimates,
Detailed design report and cost estimates
Implementation Phase
Tender evaluation reports, Project Progress Reports,
Expenditure/cost reports, audit reports, special reports,investigative
reports etc
Close-out Phase
Project close out reports, post-construction evaluation reports etc.
REPORT _AUDIENCE
• Define the likely audience/audience limitations
–Technical audience eg. Technical people
–Non-technical, e.g. general public
35
REPORT _OUTLINE
• Taking into account the audience’s limitations and the message you want to convey, choose an appropriate outline
36
REPORT OUTLINE_SAMPLE
• REPORT TITLE
• TABLE OF CONTENTS
• EXECUTIVE SUMMARY/ABSTRACT
• INTRODUCTION/BACKGROUND
• BODY OF THE REPORT:
– LITERATURE REVIEW
– METHODOLOGY
– RESULTS
– RESULTS ANALYSIS
– RESULTS DISCUSSION
• CONCLUSIONS
• RECOMMENDATIONS
• REFERENCES
• APPENDICES/TABLES 37
REPORT _EXECUTIVE SUMMARY
• A report summary, tailored to high level executives
• Outlining the major findings of the report, i.e., the bottom line.
• Standalone, not part of main document.
• Briefly describes what was investigated , what was found, and the main conclusions.
• Provides the basic information contained in the report to anyone reading it.
Do not write the executive summary before the report is basically complete
40
REPORT _INTRODUCTION
• Brief background /history or a problem statement
• A good introduction must have: – Motivation (i.e., why is it important?)
– General
– Specific
– Background (i.e., what is the history of this issue?)
– Objectives (i.e., what are you trying to accomplish?)
– Scope (i.e., what is the focus of your analysis?)
– Limitations (i.e., what constraints did you face?)
– Content (i.e., what is in the report?)
– Organization (i.e., how the report is organized?) 41
REPORT _BODY
• LITERATURE REVIEW – Previous/Earlier works done about the theme
• METHODOLOGY – A description of the methodological framework you have used in
the project, or investigation.
• RESULTS – Outcomes
• RESULTS ANALYSIS – A description of the results obtained and analysis of the
implications associated with main results. – It must be supported by figures and tables to facilitate, not to
confuse, the reader
• RESULTS DISCUSSION – This goes into detail and should fully describe what was
investigated and how it was done; how the results were analysed;
42
REPORT _CONCLUSIONS
• A summary of the major findings you have
arrived to in the previous sections.
• “Conclusions” is not an analysis section.
43
REPORT _RECOMMENDATIONS
• Insights into the next steps you recommend to be taken.
• This must be supported by the analysis and conclusions section of the report.
44
REPORT _REFERENCES
• List of the books/articles references that were
consulted during the report writing.
• Harvard Referencing Style
AVOID PLAIGIARISM IN YOUR REPORTS
45
TUTORIAL ONE(1)
• Assuming your department embarked on a trip or a site visit to Thornhill WTW, Mthatha WWTW and Mthatha Dam Sites on the 25th May,2015.
• Write a site visit report suitable to be presented to your head of department.
• The report must cover the ff: – REPORT TITLE – TABLE OF CONTENTS – EXECUTIVE SUMMARY/ABSTRACT – INTRODUCTION/BACKGROUND – BODY OF THE REPORT:
• METHODOLOGY • OBSERVATIONS • LESSONS/INSIGHTS GAINED
– CONCLUSIONS – RECOMMENDATIONS – REFERENCES – APPENDICES/TABLES
46
REFERENCES • Sparrius, A in Nel, WP (2000) editor: Management
for Engineers, Technologists and Scientists, Juta & Co Ltd, Kenwyn, Cape
• • Guidance Notes: The Eskom Minor Works Contract,
Megawatt Park, March 1992 • • Management: Civil I Study Guide • Van Steenderen WPC, 2004. Brief Guide to Report
Writing. UNISA, Florida Campus, Roodepoort.
47