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
Public
Owner
Funding
Sources
Contractor
Project Team
Designer
Utilities
Agencies
Support
Services
Typical CM Team
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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
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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