CCO Training for Certified Local Public Agencies...CONTRACT CHANGE ORDER (CCO) Form 734-1169 Single...
Transcript of CCO Training for Certified Local Public Agencies...CONTRACT CHANGE ORDER (CCO) Form 734-1169 Single...
CCO Training for Certified Local Public Agenciespresented by
Certification User Group Training SubcommitteeWebinar April 22, 2020
1:30 – 3:30 pm 1
Tami Weil, Certification Program Analyst
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Meeting Tips:• Please mute your phone to minimize background noise• If the screen lags the presenter, try refreshing your browser• Use the chat box for questions
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Agenda
• Training Purpose: Daineal Malone• Certification Program Guidance: Tiffany Hamilton• ODOT Tips on Contract Change Orders: Kimberly Free• Local Agency Perspectives: Moderated by Daineal Malone• Q&A• Closing Remarks
Training Purpose
• How to find and use contract change order resources for Certified LPA projects
• Share tips and tricks with each other
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• Section C, Chapter 16: Construction Contract Administration
• Section D Resources: Approval Authority Matrix
Local Agency Guidelines for Certified Local Public Agencies – AKA, the “LAG”
• Keep ODOT Transportation Project Manager/Local Agency Liaison in the loop
• Document like every CCO will be audited• Reminder! CCOs could impact DBE participation
Pro tips on keeping federal participation
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https://www.oregon.gov/odot/LocalGov/Pages/LAG-Manual.aspx7
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https://www.oregon.gov/odot/Forms/2ODOT/5191.pdf
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Contract ChangesODOT Tips and Best PracticeApril 22, 2020
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The Difference Between CCO, EWO and FOContract Change Orders (CCO) are changes to a legal document (the Contract between the Contractor and the Agency) and are themselves legal documents. Once a CCO is executed, it becomes part of the Contract. The only way to make further modification to a Contract is to process another CCO. CCOs take precedence over all other Contract Documents. CCOs = Changed Work. Changed Work is Work included in a Pay Item within the scope of the Contract that is different from that reflected in the Plans and Specifications (See Subsection 00140.30).
Extra Work Orders (EWO) = Extra Work. Extra Work is Work that is not included in the original Contract, yet necessary for completing the Project. Subsection 00140.60 and Section 00196 addresses Extra Work. Performed on a Force Account BasisOrder for Force Work (OFW) or “Force Order” (FO) or “State Force Order”(SFO) = non-contract Work or Work performed by other forces (State or Local agencies), utilities or railroad.
All Projects awarded under any alternate contracting method such as Design-Build, CM/GC or A+B, etc., have different requirements for review and approval, see Construction Manual Chapter 15 for more information
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Construction Manual Chapter 12G Force Account
The Force Account process is governed by and outlined in the Construction Manual, Chapter 12G
The process begins with an approved Extra Work Order (EWO)
The Daily Force Account Record (DFAR) is the key document
http://www.oregon.gov/ODOT/Construction/Pages/Construction-Manual.aspx13
PM determines if Extra Work is necessary
Discuss with Contractor; attempt to negotiate a CCO
If no agreement can be reached, execute an Extra Work Order
Extra Work Order Form 734-3208
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Daily Force Account Record Form 734-3428
The DFAR documents the work done under the EWO
Originator’s Copy
Project Manager’s Copy
Contract Services Copy
Contractor’s Representative Copy
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Daily Force Account Record Form 734-3428
The DFAR is really a Daily Force Account “Contract”
Both the ODOT representative and the Contractor’s representative mustagree in writing to this daily contract
– Do not proceed with disputed work!
The ODOT representative/Inspector is responsible to:
– Prepare, sign and date a DFAR for each day of work
– Obtain the Contractor’s agreement with the DFAR in writing by signature each day
– Use only the official ODOT quadruplicate DFAR form
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Daily Force Account Record Form 734-3428
Summarizes everything that is to be paid and the type of work completed that day/shift
– A complete description of the work
• sufficient to verify the Class Code and Assigned Risk Rate for the type of work being performed
– Every person who worked
– All equipment used
• with sufficient information for each piece of equipment to generate an accurate Blue Book® Rental Rate
– Every material used (down to each nut and bolt!)
Common Issues found during CAU Review of Force Account documentation: Incorrect Blue Book® Rental Rates
– Incorrect time period for the work (outdated Rental Rate sheets)
– Omitted model year adjustment
– Incorrect equipment details
Incorrect information in the Taxes & Insurance on Payroll part of the Labor Actual Cost Calculation form
– Information from the wrong year (must match year of the work):
• Experience Modification Factor
• Taxes (most commonly Oregon Unemployment and Transit)
No corrections will be made to the Force Account Summary if the sum of corrections is <$10
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Resources
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Change Order forms are available on the ODOT Construction Section’s Form Web site at:
http://www.oregon.gov/ODOT/Construction/Pages/Forms.aspx.
CONTRACT CHANGE ORDER (CCO)
Form 734-1169 Single Contract Change Order with Supporting Data andReason Codes for Work or Change OrdersForm 734-1169WB 50 Contract Change Orders with Supporting Data and
Reason Codes for Work or Change Orders, and CCOSummary
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Construction ManualCH 15
https://www.oregon.gov/ODOT/Construction/Pages/Construction-Manual.aspx?wp1302=l:50
Insignificant VS Significant Changed WorkWhat Information should a Change Order contain?Cost Justification and the important of cost estimatesSupporting DataContract Time
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Specifications or Plans that are added, modified, deleted, etc.
Use attachments if necessary – attachments are part of the change order and must be referenced and labeled correctly on each attachment page, similar to:
C##### CCO## Attachment # Page # of #
List external PM if applicable
What is the change? Where is the change? (e.g., Station/Offset)
Is Contract Time affected? If so, state the number of days being added (or deleted) from each completion date.
If completion dates have been added or deleted, have the Liquidated Damages clauses been affected?
This is much simpler with the revised terminology in the 2018 Standard Specifications
NOT a place for the “why” of a change
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Obtain required FHWA approval when applicable (FFO, Major Changes, alternate contracting methods)
Commonly missed
Attachments after this sheet are not part of the CCO; ensure all relevant plans and specs related to the CCO work are inserted into the CCO packet prior to this page so are distributed to the Contractor
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How to Correctly Modify Contract Time – One Date
This Contract Change Order adds XX Calendar Days of Contract Time.
00180.50(h) Contract Time – Replace this subsection, except for the subsection number and title, with the following: Complete all work to be done under the Contract not later than [date].
Modify 00180.50(h), [date] 1.0 LS $0.00 $0.00
Revise 00180.50(h), [date] 1.0 LS $0.00 $0.00
or
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How to Correctly Modify Contract Time – Adding Date(s)
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This Contract Change Order adds an interim completion date of (h-1) to the Contract and moves the “all work” completion date to (h-2).
Add Interim: 00180.50(h-1), [date] 1.0 LS $0.00 $0.00
Modify 00180.85(b) 1.0 LS $0.00 $0.00
00180.50(h) Contract Time – Replace this subsection, except for the subsection number and title, with the following: (h-1) Complete all Work except for [description of work) not later than [date].(h-2) Complete all Work to be done under the Contract not later than [unchanged date].
Modify 00180.05(b) Liquidated Damages – Replace this subsection of the Special Provisions, except for the subsection number and title, with the following:Add the following paragraphs to the end of this subsection:There are two daily amounts of liquidated damages on this project as follows:Liquidated damages for failure to complete the Work on time required by 00180.50(h-1) will be $### per Calendar Day *. Liquidated damages for failure to complete the Work on time required by 00180.50(h-2) will be $### per Calendar Day *. If liquidated damages should become payable concurrently under the combination of 00180.50(h-1) and (h-2), liquidateddamages will be $## per Calendar Day *.* Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fixed date basis.
2015 Standard Specs Example
Revise 00180.50(h) to (h-2), Date Unchanged 1.0 LS $0.00 $0.00
How to Correctly Modify Contract Time – Adding Date(s)
This Contract Change Order adds an interim completion date of (h-2) to the Contract.
Add 00180.50(h-2), [date] 1.0 LS $0.00 $0.00
00180.50(h) Contract Time – Replace this subsection, except for the subsection number and title, with the following: (h-1) Complete all Work to be done under the Contract not later than [unchanged date].(h-2) Complete all Work except for [description of work) not later than [date].
00180.85(b)(2) Multiple Contract Times - Add the following paragraph and bullet list to the end of this subsection:
The Agency determined percentages of the value of Work required to be complete by the Contract Times listed under 00180.50(h) are as follows:
For Contract Time 00180.50(h)(1) the Agency determined percentage of Work is 90 percent.For Contract Time 00180.50(h)(2) the Agency determined percentage of Work is 100 percent.
2018 Standard Specs Example
Add 00180.85(b)(2) 1.0 LS $0.00 $0.00
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How to Correctly Modify Contract Time – Deleting a Date
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This Contract Change Order deletes the interim completion date (h-1) from the Contract.
Delete Interim Comp. Date 00180.50(h-1) 1.0 LS $0.00 $0.00
Modify 00180.85(b) 1.0 LS $0.00 $0.00
2015 Standard Specs Example
00180.50(h) Contract Time – Replace this subsection, except for the subsection number and title, with the following: Complete all work to be done under the Contract not later than [unchanged date].
Modify 00180.05(b) Liquidated Damages – Replace this subsection of the Special Provisions, except for the subsection number and title, with the following:Add the following paragraphs to the end of this subsection:There is one daily amount of liquidated damages on this project as follows:Liquidated damages for failure to complete the Work on time required by 00180.50(h) will be $### per Calendar Day *. * Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fixed date basis.
Revise 00180.50(h-2) to (h), Date Unchanged 1.0 LS $0.00 $0.00
How to Correctly Modify Contract Time – Deleting a Date
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This Contract Change Order deletes the interim completion date (h-1) from the Contract.
Delete Interim Comp. Date 00180.50(h-1) 1.0 LS $0.00 $0.00
Delete 00180.85(b)(2) 1.0 LS $0.00 $0.00
2018 Standard Specs Example
00180.50(h) Contract Time – Replace this subsection, except for the subsection number and title, with the following: Complete all work to be done under the Contract not later than [unchanged date].
Delete 00180.85(b)(2) from the Special Provisions
00180.85(b)(1) Single Contract Time – Add this subsection to the Special Provisions:
The Liquidated Damages per Calendar Day* are 15.0 percent of C divided by T as defined in this Section.
C = The Contractor’s Bid amount for the Contract.T = The total Calendar Days between the latest completion date or time listed under 00180.50(h) in the Solicitation Documents and the Bid Opening that will result in the greatest value for T.
* Calendar Day amounts are applicable when the Contract time is expressed on the Calendar Day or fixed date basis.
Revise 00180.50(h-2) to (h), Date Unchanged 1.0 LS $0.00 $0.00
Add 00180.85(b)(1) 1.0 LS $0.00 $0.00
• Tips and discussion
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Q&A
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Daineal MaloneLinn County, Civil
Engineer II
541-967-3919
Tami WeilCertification
Program Analyst
503-986-4258
Kimberly FreeODOT Contract Administration
Specialist
503-986-3084
Tiffany HamiltonODOT
Certification Program Manager
503-986-3649
Closing Remarks
• Evaluation survey will be by email. It’s super short, promise!
• Thank you for your participation.
The CUG Training Subcommittee
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