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Chapter 7: Contract Documents

A. General

  1. Contract Documents include Design-Build Request for Qualifications [RFQ] or Request for Proposals [RFP], (also referred to as Design-Build Guidelines), and Design-Build Proposals. Contract Documents also include Drawings & Specifications for bid contracts.
  2. Contract Documents may be prepared by the Campus Facilities Administrator or a Consultant. All Drawings and Specifications must conform to the guidelines contained in the Consultant Procedures and Design Guidelines manual.
  3. Review and Approval
    1. To allow the Owner the opportunity to review and approve the Contract Documents, Drawings and Specifications, the Project Manager shall schedule a Final Document Review Meeting.
    2. The Project Manager will require the Consultant to provide 100 percent complete Documents (including drawings and specifications) at least one week before a scheduled review meeting. Large projects, as identified by the Project Manager, will require additional review time.
    3. The Consultant is responsible for preparing all portions of the contract documents except those specifically supplied by the University.
    4. In addition to reviewing the Drawings and Specifications, the Project Manager shall review all other Contract Documents for coordination with the Drawings and the Specifications.
    5. The Consultant will revise the Contract Documents according to the directions received at the final review meeting.
    6. If the contract documents are complete, the Project Manager will establish the advertisement date during the final document review meeting. The Project Manager will require the Consultant to produce complete documents before bidding.
B. Design-Build Documents & Requirements
  1. Design-Build procurement may use a
    1. one step process [A Request for Proposals [RFP] is publicly advertised according to the advertisement rules in the Collected Rules & Regulations as a minimum. Proposers submit qualifications, price, and quality Proposal at the same time], or a
    2. two step process [A Request for Qualifications [RFQ] is publicly advertised according to the advertisement rules in the Collected Rules & Regulations as a minimum. Proposers submit team qualifications at the first step. Only those prequalified firms are offered the RFP to submit price and quality proposals as the second step].
    3. The Request for Qualifications and/or the Request for Proposals will define submittal and evaluation criteria to prospective Proposers.
    4. The Campus Facilities Administrator may elect to designate a stipend for unsuccessful and responsive proposers. The RFQ and/or RFP will define the stipend amounts and requirements. The payment of any stipend will require an executed agreement between the University and any qualifying stipend recipient. Contact the Facilities Planning & Development for the agreement form.
    5. The Design-Build Guidelines describe technical and physical requirements of the project.
    6. The Price Proposal Form is furnished to be completed and signed by the proposer. See the Bid Form below.
    7. The Information for Proposers form, the Proposer’s Statement of Qualifications form, and MBE/WBE compliance documents are also included. See the parallel forms in section C below.
C. Bidding Documents and Requirements
  1. Bidding Documents and Requirements are used to attract bidders and explain the procedures bidders are to follow in preparing and submitting their bids. They help bidders follow established procedures and submit bids that will not be disqualified because of irregularities. Bidding Requirements address all prospective bidders interested in the project, while the Contract Documents concern the successful bidder who will be signing the contract with the University.
  2. The Advertisement for Bids is a published notice soliciting bids for a construction contract and it is a Contract Document. See II. C for the University’s advertisement policy. The Information for Bidders is maintained by the Facilities Planning and Development, UM, and an example is contained in the Consultant’s Procedures and Design Guidelines manual.
  3. The Information for Bidders states procedures to be followed and provides data about the project. It covers the preparation and submission of bids, and such details as bonds, bid security, Bidders Statement of Qualifications, award of contract, time of completion, liquidated damages, and any special bidding conditions that apply to the project. The Information for Bidders is maintained by the Facilities Planning and Development, UM, and an example is contained in the Consultant’s Procedures and Design Guidelines manual.
  4. The Bid Form is a document furnished to a bidder to be completed, signed, and submitted as the bidder’s Bid. The Bid Form provides blank spaces to be filled in by the bidder and a place for the bidder’s signature to indicate the bidder agrees to all the provisions in the Form. Data to be filled in by the bidder include: bidder’s name, address, and other bidder information, addenda receipt, base bid, alternates, and unit prices. The Bid For Lump Sum Contract (Bid Form) is maintained by the Facilities Planning and Development, and shall conform with the example in the Consultant’s Procedures and Design Guidelines manual.
  5. The Bidder’s Statement of Qualifications helps the University to determine that a bidder qualifies as a Responsible Bidder. The Information for Bidders sets forth bidder requirements for completing the Bidder’s Statement. The Statement is maintained by the Facilities Planning and Development, UM, and is to conform with the example in the Consultant’s Procedures and Design Guidelines manual.
  6. The M/WBE compliance evaluation bidding documents helps the University to determine whether a bidder has achieved the M/WBE contracting goal or has made a good faith effort to achieve the goal. The Information for Bidders sets forth bidder requirements for completing these forms. The forms are maintained by the Facilities Planning and Development, UM, and example is found in the Consultant’s Procedures and Design Guidelines manual.
D.  Required Contract Forms
  1. The Contract Documents contain the legally enforceable requirements which become part of the contract when the Design-Build or Construction Contract form and other related contract forms are signed.  See Section VIII.B., Award of Contract, for procedures to follow in transmitting the appropriate Contract Forms to the successful contractor.
    1. The Contract Documents consist of:
      1. The Design-Build or Construction Contract
      2. Advertisement
      3. Design-Build Guidelines [Design-Build only]
      4. Specifications
      5. Drawings
      6. Addenda
      7. Design-Build Proposal Form [Design-Build only]
      8. Bid Form
      9. The Performance and Payment Bonds
      10. Insurance Certificates
      11. List of Subcontractors [Partial for Design Bid until all work is bought out]
      12. Roof System Manufacturer’s Certification (if applicable)
  2. The Contract
    1. The Contract is the document signed by the University and the Contractor and is the legal instrument binding the parties to the work. It defines the relationships and obligations existing between the University and the Contractor and lists the documents which make up the contract.
    2. The form of the Contract is maintained by the Facilities Planning & Development, UM.
    3. The contract price is the accepted Base Proposal or Bid submitted by the successful contractor on the Proposal or Bid Form adjusted by accepted additive alternates. The contract price shall not be adjusted by negotiation.
  3. Performance and Payment Bonds
    1. The University’s performance bond and payment bond requirements and forms are maintained by the Facilities Planning & Development, UM, and an example can be found in the Consultant’s Procedures and Design Guidelines.
    2. The Performance Bond and Payment Bond provide a source of funds which can be used to reimburse the University for completing the work or correcting deficiencies in the event the Contractor does not complete the work in accordance with the Contract. The bond also provides a source of compensation for unpaid subcontractors, suppliers, or workers who have furnished goods or services to the project. The amount of both the Performance Bond and the Payment Bond must be at least 100 percent of the Contract Price.
    3. Bidder Instructions for the Performance Bond and the Payment Bond are in the Information for Proposers or Bidders and in the General Conditions. The bond form is provided to the Contractor by the University.
  4. Certificates of Insurance: The University’s insurance requirements are found in the General Conditions. The contractor must provide the required certificates of insurance.
  5. List of Subcontractors and Roofing System Manufacturer’s Certification [Design-Bid-Build contracts only]: The Contractor must provide a List of Subcontractors and, if applicable, a Roofing System Manufacturer’s Certification. These items are submitted when the contract is awarded.
  6. Addenda: Addenda are documents that clarify, revise add, or delete the issued Documents. Addenda requirements are maintained by the Facilities Planning & Development, UM, and an example can be found in the Consultant’s Procedures and Design Guidelines. See section VIII.A.1.c for additional addenda procedures.
E. Contract Conditions
  1. Contract Conditions define the basic rights, responsibilities and relationships of the parties involved in the construction process. Contract conditions are of the following two types.
  2. General Conditions: General Conditions are general clauses that establish how the project is to be administered. The documents are maintained by the Facilities Planning & Development, UM, and the current form can be found in the Consultant’s Procedures and Design Guidelines.
  3. Special Conditions: Special Conditions modify or supplement the General Conditions, as needed, to provide for conditions unique to a specific project. They consist of modifications and additions such as those imposed on Federally assisted projects. Project specific contract requirements should be included in the Special Conditions. The document is maintained by the Facilities Planning & Development, UM, and can be found in the Consultant’s Procedures and Design Guidelines.
F. Project Technical Specifications and Requirements
  1. The Project Technical Specifications and Requirements, or project manual, are usually prepared by the Consultant and reviewed by the University. They consist of various sections organized according to the CSI Division Format, except for Division 1.
  2. The format for the project manual shall be as set forth in the Consultant Procedures and Design Guidelines manual.
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