Construction Contract Administration · John R. Kasich, Jerry Wray, Ohio Governor ODOT Director Construction Contract Administration Matthew DiSanto, P.E. District 12 Construction

John R. Kasich, Jerry Wray,

Ohio Governor ODOT Director

Construction Contract Administration

Matthew DiSanto, P.E.

District 12 Construction Area Engineer

Gary Nowac, P.E.

District 12 Construction Monitor

LPA Administered Projects

• Refer to the ODOT “Locally Administered Transportation Projects Manual of Procedures”

LPA Administered Projects

• Supervision and Staffing:

• The LPA shall comply with all applicable Federal and State requirements.

• The local public agency must be adequately staffed and suitably equipped to undertake and satisfactorily complete the work.

• The Local public agency shall provide a full-time employee of the agency to be in responsible charge of the project.

LPA Administered Projects

• “Person in Responsible charge” (PIRC) means:• Aware of day-to-day operations on the project

• Aware of and involved in decisions about changed conditions that require change orders

• Aware of qualifications, assignments, performance of consultant staff at all stages of the project

• Visiting the project on a frequency that is commensurate with the magnitude & complexity of the project.

Person in Responsible Charge (PIRC) vs.

Construction Project Engineer (CPE)

• The “Person in Responsible Charge” (PIRC) must be a permanent employee of the Local Agency.• Not required to have an Engineering License but may

also act as the Construction Project Engineer (CPE) if Licensed to do so.

• The CPE is a licensed Professional Engineer that is required by law to perform the construction administration on the project• The CPE can work under contract or agreement for

the LPA, but cannot serve as the “Person in Responsible Charge” unless permanently employed by the LPA.

Pre-Award Meeting

• A Pre-Award Meeting will be scheduled by ODOT to discuss:• Exchange contact information for Construction.

• Review LPA Participation Requirements for Construction.

• Review documentation needed to award the project.

• Understand the Construction Phase and Requirements.

• Review the DBE/EDGE Goal and process updates.

• Discuss project to identify issues and items of concern

LPA Communication to ODOT

Pre-con notifications -coordinate date

Progress Meetings

Change Order notifications –

All

Final Inspections –Walk through

Preconstruction Conference

• Discuss the details of project construction:• Project Staffing / Contacts

• List of Material Suppliers

• Plan and Proposal Notes / As Per Plan Items

• Progress Schedule / Completion

• Method of Payment – Direct by ODOT or thru LPA

• Change Order Review / Claims Process

• Status of Utility Relocations / Railroad Coordination

• Prevailing Wage / EEO / DBE Responsibilities

• EPA Commitments

• Maintenance of Traffic – Any closing of the road

• Erosion Control

• Frequency based on project complexity.

• Attendance at progress meetings should include:• Contractor’s Superintendent

• Construction Project Engineer

• And others, including Subcontractor representatives, suppliers, utilities, and railroads

• The CPE must record minutes and provide them to attendees and ODOT (if ODOT is not in attendance).

Progress Meetings

Progress Meetings

• Agenda should include: • Outstanding Issues

• Safety

• Work in Progress – Look Ahead

• Progress Schedule – Critical Path Activities / Completion Date

• Critical / Non-Critical Delays / Time Extensions

• RW / Utilities / Environmental Commitments

• Testing / Materials

• Project Submittals

• Dispute Resolution / Claims

• DBE

Administration and Documentation

Project Files

• Schedules

• Correspondence

• Change Orders

• Invoices

• Property Owner Agreements

• Complaint Log

• Finalization

• Plan Revisions

• Right-of-Way

• Railroad

• Utilities

• Other

• Materials

• Daily Diaries

• Certified Payrolls

Project Documentation

• Major areas of documentation:

• Daily diaries or Inspector’s daily reports

• Method of Measurement & Basis of Payment

• Materials submittals PBOM

• Certificates of compliance

• Test reports

• Shop drawings

• NPDES/environmental compliance

• Work Zone safety & traffic control

• Change Orders, Extensions of Time

• Claims

Documentation Best Practices

• State facts, not opinions (include digital photos)

• Maintain organized support documents• Job Progress Meeting Minutes

• Utility Meeting Minutes

• Referenced Memos or Reports by Others

• Materials Inspection Reports

• Inspector’s reports

• Daily Diaries

• Inspection forms and pay item summaries

Project Diaries

• Complete, concise, accurate• Factual (no hearsay)• Signed & dated by inspector• Major items to include:

• Items of work• Weather• Contractors & Equipment• Traffic control – MOT• NPDES• Testing• Compliance issues• Measurements• Pay quantities• Decisions made on-site• Force account work

Why? Legal documentation for Disputes, Claims, Audits, etc.

• All materials incorporated into the Work must be documented.• Use C&MS Section 700 for documentation guidance

“700 Minimum Requirements for Accepting Materials”

• The Project Bill of Materials (PBOM) will summarize the materials and quantities

Materials Acceptance

(2016 C&MS Page 663)

Materials Acceptance

• Make sure the Contractor provides a list of materials to you at the preconstruction meetingper C&MS 108.02.

• The Prime Contractor must provide a list of materials to be used by all of the subcontractorsas well.

• The (CPE) Construction Project Engineer is responsible for ensuring ALL materials are approved before use on site.

Reference / Pay Item Files

• Provide individual folders for each Pay item of work.

• Field Documentation Drawings and Calculations:• Seven identifiers

• Plan quantity vs. Actual Quantity

• Don’t just pay plan quantity.

• Properly document field measurements and calculations.

Project Number

Item Number

Plan Reference Number

Work Description

Location

Date

Signature

Seven Identifiers

Reference / Pay Item Files

• Summarized final quantity sheet in each Pay item Folder.• Include Dates of work, Locations, Daily Payment

Amounts and the Running Totals to date.

• Summary sheets should cross check with the inspector’s Daily Diary Entries.

• Non-performed items still require documentation.

Change Orders

Change Orders

• Read, Understand, and follow C&MS 109.05 “Changes and Extra Work”.

• Know how to determine State Average Prices and Comparables.

• Follow The LPA Manual of Procedures, Refer to Appendix “K” and “L”.

Negotiated Prices & Force Accounts

• CMS 109.05.B Negotiated Prices• Original Contract prices adjusted for increases or

decreases in material costs, labor costs, or equipment costs.

• State-wide average unit prices.• Average price awarded on three different projects of

similar work and quantity.• Prices computed by Office of Estimating.• Cost analysis of labor, material, equipment, and allowed

mark-ups.• Cost analysis of compensable delays.

• CMS 109.05.C Force Account• Last resort, only use when unit prices can not be agreed

upon.

Change Orders

Obtain the Construction Monitor’s Prior concurrence for all “significant” change orders.

• “Significant” change orders are as follows:• C&MS Table 104.02-1

• Changes that impact project limits, scope, environmental, or structural design.

Contract Price Contract Limits

Up to $500,000 $25,000

$500,001 to $2,000,000 5% of Total Contract Price

Over $2,000,000 $100,000

Change Orders

LPA Invoicing

Submitting Invoices to ODOT:

• Pay Application is received by the Contractor.

• CPE or PIRC has an obligation to review and insure that invoice costs are true and accurate.

• Both the CPE and Contractor must sign the pay application.

• The approved pay application/estimate supports the reimbursement request or direct payment to the Contractor.

Submitting Invoices to ODOT:

• ODOT will supply Local Let Summary and Payable Invoice (LLS&PI).

• The LPA must complete the current amount due based on the project funding agreement.

• The LPA PIRC must sign the LLS&PI.

• LLS&PI supporting documentation includes: • Signed and approved Pay Application• Proof of Payment (Local Share)• Summary of eligible or ineligible costs

Item Eligibility

• Know project funding splits and reimbursement percentages.

• Know what items of work are eligible and those that are not.• Pavement Preservation projects (Top 3-1/2” of

Pavement, Curb to curb)

• Extra work must be reviewed by ODOT

• Decorative/Betterments/Local preference items (light poles, banners, etc.)

• Work beyond original scope or outside the R.O.W.

• Utility/Railroad delays

Submitting Invoices toODOT District 12

All reimbursement submittals should be sent directly to: the District 12 LPA Construction Office:

Matthew DiSanto, P.E.

ODOT – District 12 Construction

5500 Transportation Blvd.

Garfield Heights, Ohio 44125

Include original and one complete copy of the Contractor or Consultant’s Invoice with all pertinent support documentation.

Project Close Out

Final Inspection

• Once the Contractor completes the project to the satisfaction of the CPE/PIRC a final inspection shall be conducted.

• Final Inspection Team should include:• CPE / LPA PIRC

• ODOT District 12

• Contractor (invited, but not required)

• Supply a current version of Engineer's Punch List with any outstanding items.

• ODOT will issue the Final Inspection Report to the LPA.

Project Finalization

• Prepare and self audit contract quantities and materials documentation.• Ensure the final quantities have sufficient supporting

documentation.

• Provide list of approved final quantities sent to the Contractor for concurrence.

• Prepare Final Change Order for adjustments.

• Final Material Acceptance:• Review project testing and acceptance records to

support each final quantity.

Final Invoice

• Final Invoice Submittal to ODOT should include: • Final Invoice(s) which reconciles individual pay items

to final quantities (always required even if there is $0.00 reimbursement remaining from ODOT/FHWA).

• LPA Program Final Report (Appendix P) signed and sealed by CPE.

• Proof of remaining Local payments, including retainage release.

• Final Change Order

• Final paperwork including payment requests and invoices should be completed within 6 months of the Work Completion Date.

Contract Administration -Opportunities for Improvement

Curb Ramps – ADA Compliance

DBE Affividavits

Delays ($$$)

Timely Closeouts

Communication

Questions