Both quality and economy of construction projects depend on the efficiency and skills of consultants and contractors. Following proper procedures in their evaluation and selection enhances the probability of achieving high quality and keeping projects within budget. Also, design/build and build/operate/transfer (BOT) projects require different method to ensure construction in time and budget and according to specifications. These workshop presents tested procedures involved in evaluating and selecting consultants, contractors, design/build and BOT contractors for construction projects.

OBJECTIVE

To familiarize participants with the procedures to evaluate and select the most suited consultants, and contractors to help ensure project completion on and within budget.

WHO SHOULD ATTEND

Buyers of construction and consultant services in public work departments of federal, provincial and municipal governments, as well as buyers of construction and consultant services in the private sector. Project managers and construction managers representing owners, engineering consultants and contractors who want to understand the process will find this program useful.

LEARNING OUTCOMES

Participants will review the procedures to evaluate contractors/consultants and see the risks attendant on selection choices and be able to decide if these are acceptable to their organization.

Program Outline

Day 1

8:00 Registration and coffee

8:20 Welcome and Introduction

8:30 Owner’s Responsibility During Project Delivery

9:00 Understanding the Design Process
Historic view of the design process
Defined scope of work
Defined roles and responsibilities
Current trends
Open planning process
Changing roles
Cautions for the new projects
Unclear goals
Unsecured roles and responsibilities

9:30 Tips for Successful Selection of a Team for a Construction Project
Look inward first
Select based on motivation
Screen based on competence
Designer
Select based on talent
Screen based on ability
Constructors
Select based on record
Screen based on price

10:00 Refreshments and Networking

10:15 Consultant Selection Procedure
Pre-qualified candidates
Based on Request for Qualification(RFQ)
Based on Request of Proposal (RFP)
Two-part process (RFQ/RFP)
Purpose of an RFP
What an RFP should include
Negotiations - meetings/tactics
Issues affecting selection process
Schedules
Clarifications
Interviews
Checking references
Follow-up
Final selection
Discussion/Exercise

12:00 Lunch

12:40 Legal Considerations and Insurance
Formal agreements
Types of agreements
Doing business with teams
Insurance and bonds
Workers compensation
General Liability
Malpractice insurance
Defamation
Property coverage
Bonds
Conclusion

1:40 Case Studies
Liability of the Consultant to the Owner
Liability of the Consultant to the Contractor
Liability of the Owner to the Contractor
Liability of the Contractor to the Sub-contractor
Review of Privilege clauses

2:45 Refreshments and Networking

3:00 Workshop/Presentation
Participants will meet in small groups to discuss and suggest solutions to the case study problem. A representative form each group will present the solutions to all participants. A discussion will follow.

4:30 Adjournment

Day II

8:30 How to Manage a Project During the Design Process
Time management
Manageable activities
Unmanageable activities
Cost management
Defining the budget
When to save money
People management
The wall of creative energy
Motivation that works

9:20 Pre-Qualification of Contractors
Thinking of hiring a contractor?
Legal requirements
The legality of the contract subject
Legal capactity of the parties to act
Intention for contract to be subject for law
Mutual agreement - offer/acceptance
Consideration
Preliminary investigation
Invitation to prequalify/advertisement
Issue and submission of pre-qualification documents
Analysis of pre-qualification data
Selection and list of selected contractors

10:20 Refreshments and Networking

10:40 Bid Package
Preparation of bidding documentation
Implementation of late bids
Bid depository rules
Exclusionary clause
Open bidding systems (OBS)
Implementation roadmap

12:00 Lunch

12:40 Bidding Process
Background information
Drawings
Specifications
Insurance
Bid bonds
Visits to site by contractor
Amendments to tendering documents
Contractor’s queries
Submission of tenders
Separate contracts
Opening of tenders
Evaluation of tenders
Award of contract

2:00 Refreshments and Networking

2:20 How to Set Up and Manage a Design/Build Team
How to set up a design-build team
Risk sharing among team members
Evaluating “team capacity”and Owner’ Requirements

4:00 Concluding Remarks and Final Adjournment

Instructor

Dr. Richard Beifuss, P. Eng., C. Arb. (Chartered Arbitrator), Mediator, Ph.D is President of Beifuss International. He has over 30 years experience in the Canadian industry and government, in the former as an engineering consultant (employee and partner), in the civil service as a manager of technical resources (electrical), project manager, technical expert, program manager and director. He has extensive expertise in alternate (appropriate) dispute resolution in diverse claims. He is a director/co-designer of Public Works’ Contract Disputes Advisory Board. Richard is a speaker and lecturer to Groups (National and International) on diverse professional development courses including ADR and Contract Claims Management and Avoidance. He is currently a member of the APEO as well as the ADR Institute of Canada and has served on Canadian Bar Association ADR Section Eastern Ontario - Executive Member (Past), Dispute Resolution Centre for Ottawa Carleton - Past Director, American Arbitration Association - International Panel Arbitrators, Arbitration and Mediation Institute of Ontario Inc. - Past Director, Construction Law Letter - Past Member Editorial Board, Commerce Clearing House (CCH) ADR FORUM The Canadian Journal of Dispute Resolution - Contributing Columnist, ADR Dispute Resolution Practice Manual - Co-Author, Routlege (London, U.K.) Co-Author-Dispute Resolution and Conflict Management: An International Prospective, Ottawa Chapter AMIO - Past President, Ontario Court Pilot Mediation Project - Mediator, Contract Claims Resolution Group-Founding Partner.