Discussion TopicsDiscussion Topics

Construction Contract AdministrationLessons LearnedOther Construction Issues

Questions? / Comments (Anytime)

Non-conforming MaterialsNon-conforming Materials

As a general rule – Do not allow non-conforming materials to be incorporated into the work. The engineer has the authority to reject nonconforming materials – the contractor does not have the right to incorporate nonconforming materials into the work at a reduced price.

Non-conforming Materials/QMPNon-conforming Materials/QMP

If proposing a significant or controversial price reduction for nontesting or nonconforming materials – BTS and BPD needs to know. Contact Regional Oversight Engineer

Regional Oversight Engineer will advise whether BTS and BPD involvement is necessary

Conditional Start NoticeConditional Start Notice

FDM 19-10-30.3 Factors Influencing Contract Time

Exclusions from Contract Time Charges include, but are not limited to:

Construction Staking, initial layout before grading work begins.

Move-in of equipment by the contractor.

Delivery, installation and removal of temporary traffic control devices.

Finals Process Finals Process for Let Project Closeout for Let Project Closeout

The Finals Process includes the process steps required to close out a construction contract within 6 months, beginning with Substantially Complete Date and ending on the date the department approves the Final Estimate.

Project FinalsProject Finals

Substantial Completion

Subsection105.11.2.1.3 Stops time charges when contractor has completed

all contract bid items and change order work, except for the punch-list.

Don’t wait until Substantial Completion – “final as you go.”

Conditions for Substantial Conditions for Substantial CompletionCompletion

1. All item and CCO work is completed.

2. All lanes of traffic are open on a finished surface.

3. All signage and traffic control devices are in place and operating.

4. All drainage, erosion control, excavation, and embankments are completed.

5. All safety appurtenances are completed.

Substantial CompletionSubstantial Completion

Do not grant substantial completion unless the project meets the conditions prescribed to be considered substantially complete.

If goal is to simply stop time charges – use other mechanisms such as:– Suspension– Adjust completion date– Don’t charge time on working day contracts

Punch ListPunch List

The engineer will provide a written punch-list enumerating work the contractor must perform and documents the contractor must submit before the the engineer will categorize the work as complete.

Punch-list work is remedial in nature and includes required documentation.

May restart time if punch-list work not complete within contractually prescribed time.

Conditional Final AcceptanceConditional Final Acceptance

When the engineer determines that the punch-list is complete – give conditional acceptance relieving the contractor of maintenance responsibility.

All Contract Work CompleteAll Contract Work Complete

After Conditional Final Acceptance notice is issued in order to relieve the contractor of maintenance

responsibility, the Project Leader enters the “All Contract Work Complete” date into FieldManager®.

For projects with plant establishment periods, the “All Contract Work Complete” date is entered after the plant establishment period is complete and the work has been inspected. Staff should continue the next step in the Finals Process.

Plant Establishment PeriodPlant Establishment Period

Contracts with Plant Establishment Period– Enter “All Contract Work Complete” at end of

establishment period.– Prior to end of establishment period, can send

an intermediate estimate with a letter indicating that all items not associated with plantings are final and ready for contractor’s review and concurrence.

Suspending Work/TimeSuspending Work/Time Contract time remaining – work remaining (not punch

list), weather not conducive to performing quality work.– Working Day Contract

Don’t charge contract time – November 16th to March 31st . Resume charging time in spring when work resumes. Unless work resumes

before March 31st . If contractor has not completed work to stage the contract requires by

November 16th – can continue to charge working days if weather permits work at normal efficiency.

– Completion Date Contract Adjust Completion Date to allow equivalent time remaining prior to

suspending work. Charge liquidated damages if not meeting adjusted date.

Cold Weather HMA PavingCold Weather HMA Paving

New Provisions – ASP 6Requires Cold Weather Paving PlanContractor to follow plan when paving in

temperature less than 40 degrees.Minimum measures include additional

rollers and warm mix additive.Pay item – when utilized

Cold Weather HMA PavingCold Weather HMA Paving

Contractor is responsible for pavement quality.

Department relieves Contractor of ride and density requirements/disincentives and defects attributable to cold weather paving if paving at temperatures less than 34 degrees due to an excusable compensible delay.

Cold Weather HMA PavingCold Weather HMA Paving

Pay Bid Item when paving temperature is less than 40 degrees and contractor follows their cold weather paving plan.

If contract does not include the bid item – pay as extra work.

To be paid regardless of why the contractor is paving during cold weather.

Cold Weather Paving – Cold Weather Paving – Progress Schedule UpdatesProgress Schedule Updates

Is important to keep up-to-date progress schedules.

If there are excusable compensible delays that may lead to cold weather paving – department wants to be aware of this. Department may want to direct acceleration to avoid assuming risks associated with cold weather paving.

Ice in Concrete MasonryIce in Concrete Masonry Will begin bidding the incorporation of ice in concrete

masonry when:

– 2000 or more cubic yards of concrete masonry in contract.

Or

– Contract contains High Performance Concrete

Will continue to pay $ 0.75 per pound on all

other projects.

Maintenance and Repair of Maintenance and Repair of Haul RoadsHaul Roads

We always pay the item. Contractor may incur costs when employing mitigating measures to limit damage to haul road instead of making physical repairs.

Contract ModificationContract Modification

Does the change affect the controlling item?

Does this change affect contract time?

If no, say so in the Contract Modification.

If yes, provide info as to how new contract time was or will be determined.

Always address contract time.

Force AccountForce Account

Per subsection 109.4.5, the contractor is required to submit a force account proposal.

Proposal should include when work will be performed, list equipment, materials and labor to be used. Equipment on standby, crew size, classifications, hours – overtime or not. Subsistence, estimated time to complete work.

Force AccountForce AccountEquipment on standbyEquipment on standby

If equipment is on site for FA work, but not in operation, do not pay in-operation rate – pay standby.

Standby is intended to pay for a portion of ownership costs only, not operating costs.

Progress SchedulesProgress Schedules

CMM 1.65.2.2 Acceptance of Progress Schedules– Answers to questions must be YES to accept

contractor’s schedule.CMM 1.65.2.3 Progress Payments

– No progress payments (except materials) until schedule is accepted.

Updates– Important to administration of contract– Important in claims and assignment of risks.

Timely Decision MakingTimely Decision Making

Line of Communication

Designated Materials Person

3-Week Look-ahead Schedule

Request for Information (RFI)

Evaluations

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