1. Discussion Topics Construction Contract Administration Lessons Learned Other Construction Issues Questions? / Comments (Anytime)

2. Non-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.

3. Non-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

4. Conditional 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.

5. Finals Process for Let Project Closeout Finals Process 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.

6. Project 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.”

7. Conditions for Substantial Completion 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.

8. Substantial 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

9. Punch 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.

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

11. All 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.

12. Plant 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.

13. Suspending 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 16 th to March 31 st. Resume charging time in spring when work resumes. Unless work resumes before March 31 st. If contractor has not completed work to stage the contract requires by November 16 th – 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.

14. Cold Weather HMA Paving New Provisions – ASP 6 Requires Cold Weather Paving Plan Contractor to follow plan when paving in temperature less than 40 degrees. Minimum measures include additional rollers and warm mix additive. Pay item – when utilized

15. Cold 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.

16. Cold 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.

17. Cold Weather Paving – Progress 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.

18. Ice 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.

19. Maintenance and Repair of Haul 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.

20. Contract 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.

21. Force 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.

22. Force Account Equipment 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.

23. Progress 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.

24. Timely Decision Making Line of Communication Designated Materials Person 3-Week Look-ahead Schedule Request for Information (RFI) Evaluations

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