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Requirements for Federal Aid Project Contracts Kenneth Spear, Contracts & Estimates Engineer.

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Presentation on theme: "Requirements for Federal Aid Project Contracts Kenneth Spear, Contracts & Estimates Engineer."— Presentation transcript:

1 Requirements for Federal Aid Project Contracts Kenneth Spear, Contracts & Estimates Engineer

2 Advertisement period/bid opening The minimum advertising time for highway projects is 3 weeks. A 2 week advertisement suffices for county road projects per state statute W.S. 24-1-132(e). Must be approved by FHWA Bids for projects must be read publicly Award made to the lowest, responsive bidder without regard to state of residence with concurrence from WYDOT

3 FHWA 1273 1273 explains many of the required contract provisions for Federal Aid Construction Contracts and is a required contract provision meaning it must be incorporated into the contract as a document and not just referenced This document and these requirements also pertain to all subcontracts and must be physically part of the subcontracts

4 E-104B – Reporting Bid Rigging Activities This is a required document that provides contact information about collusion(bid rigging) reporting

5 Wage Compliance Requirements Specific information as to what a contractor must pay and how certain types of work are to be paid This supplemental document is based upon state statute W.S. 16-6-110 and required on all projects, regardless of funding Subcontractors are subject to the same wage requirements There is a State Building and Trades wage determination for building projects which applies Federal Aid projects also

6 Included within our contract proposal(EBS and E-91a) are various certifications required per Federal requirements These include the following: Free Competitive Bidding Suspension or Debarment Previous EEO Performance Lobbying Activities DBE Participation(no set goal in Wyo) Registration with the Secretary of State per state statute, (do not need to be registered at time of bid, but must be prior to beginning any work)

7 Other documentation that needs to be included somewhere in writing either within the contract proposal or bidding information (Notice to Bidders) are based upon 23 CFR 635.109(1), (2), (3) which pertain to Differing Site Conditions; Suspension of work ordered by the engineer; and Significant changes in the character of the work. For WYDOT, this information is written out in Sections 104.2.2, 104.2.3, and 104.2.4 of the 2010 edition of the Standard Specifications for Road and Bridge Construction manuals_publications/2010_Standard_Specifications manuals_publications/2010_Standard_Specifications

8 Other requirements per statute are Contract Bonds per W.S. 9-2- 1016b-xviii(A) and percentage per local custom Performance/Payment bonds at 100% of the cost of the project > $25,000 are a must per W.S. 9-2-1016b-xviii(C) and Operating Policy 24-10 and W.S. 16-6-112. For cities & towns, an alternate form of guarantee is acceptable for projects =< $100,000 per W.S. 15-1-113(d). Must still meet requirements of W.S. 16-6-112 Insurance forms with limits specified by the Attorney Generals office Other items that are made part of contract are the Notice to Proceed and the Addenda, if any Contact information is and phone is 307-

9 Contract Administration Once the Project has been awarded: Have someone who knows Contract Administration Contract Language Review / Get to Know the Plans & Contractor Special Provisions / Specifications Details / specific notes on plan sheets Summaries Relationship with the Contractor

10 Contract Administration During Construction: Materials and Work Performed –Know your Bid Items Point Of Acceptance Material Certifications, Testing, Inspection, Mix Design Method of Measurement Each, Units, Lump Sum Basis of Payment Unit Cost, Lump Sum, Force Acct., Percentage Documentation Do what you say youre going to do WYDOT may show up – no approval, just denial

11 Contract Administration Completion of the Job / Final Acceptance: LPA will accept the job first Make sure all requirements have been met Contract is between LPA and Contractor WYDOT (District) will issue final acceptance As Grant Administrator, WYDOT has oversight

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