Construction and Finals Training
(What You Need to Know)
Introduction
Oversight“MnDOT must ensure that the Federal highway program is delivered consistent with applicable laws, regulations and policies.”
2007 Stewardship Agreement: Through the DCP Agreement, MnDOT delgates responsiblity of Federal Projects to Local Agencies. However, MnDOT is not relieved of this responsibility even though a project may be delegated to a local agency.
eSAM electronic State Aid Manual
http://www.dot.state.mn.us/stateaid/manual/sam2011/SAM2011.pdf
Chapter 5 should contain everything you need to know to administer State Aid and Federal Aid construction.
PreConstruction Conference
See Chapter 5.6. Section D.1
Please invite the following to all Federal Aid PreCons
For those project impacting MnDOT Right of Way, please complete the following forms and send to contacts on instruction sheet:
TH impact forms:
http://www.dot.state.mn.us/metro/stateaid/ftp/thimpact.pdf
http://www.dot.state.mn.us/metro/stateaid/ftp/thcontact.docx
http://www.dot.state.mn.us/metro/stateaid/ftp/lanecls.doc
Change in construction status
http://www.dot.state.mn.us/stateaid/ProjDeliv/dcp/ChangeInContractConstructionStatus.pdf
Please email in Change in Construction Status form to: elisa.bottos@state.mn.us or jim.deeny@state.mn.us
Contract Changes
Please use State Aid Contract Change Forms!!!
Contract Change Documents should be detailed enough so that someone unfamiliar with the project would be able to understand what additional work is necessary.Include why, where, what, and who pays. Be mindful of DBE goals, proprietary items, contract time, bid abstract.
To decide which type of Change Form is required, please see the following flow chart:
http://www.dot.state.mn.us/stateaid/ProjDeliv/dcp/ContractChangeFlowChart.pdf
Change Orders
http://www.dot.state.mn.us/stateaid/ProjDeliv/dcp/ChangeOrder.pdf
i. Revising the method of measurement as per Specification 1901.
ii. Waiving liquidated damages after the project is in condition for safe and
convenient use by the traveling public, or is otherwise available for next stage
construction without restriction.
iii. Unacceptable work or materials.
iv. Bonus payments to the Contractor for exceeding established pavement ride
quality, quality standards, or early completion as provided in the Contract.
v. Changes in the original plan (P) quantity due to re-measurement or recomputation.
vi. Substitution of materials.
vii. Substitutions of methods or equipment at the Contractors request.
viii.Changes resulting from adoption of new standards.
ix. Quantity increase or decrease of a Contract item.
x. Minor grades changes, subgrade excavation changes (such as adding,
lengthening, or deepening), and structure excavation changes (such as
enlarging or deepening).
xi. Item overruns in accordance with Specification 1806.2.
xii. Time extensions for late contract approval for completion date contracts.
xiii. Final pay quantities for landscape items.
Work Orders.
http://www.dot.state.mn.us/stateaid/ProjDeliv/dcp/WorkOrderForMinorExtraWork.pdf
Supplemental Agreements
http://www.dot.state.mn.us/stateaid/ProjDeliv/Plans/forms/SupplementalAgreement.doc
i. Performance of "Extra Work" as defined in Specification 1403.
ii. Alterations in special provisions and specifications (including Contract Time).
iii. Alterations in the scope of the contract or character of the work.
iv. Experimental work or procedures.
v. Revisions in the structural section above the sub-base.
vi. Major revisions in geometric design of the mainline roadway, ramps,
frontage roads, or crossovers and additions, deletions.
vii. Additions, deletions or relocations of bridges or other structures that would
affect the functional scope and intent of the approved design.
viii. Price adjustments in accordance with Specification 1903.
Funding eligibility:
Funding eligibility will depend on whether the work is necessary to complete project as originally invisioned and approved.
Contract Changes cannot violate rules or statutes.
Not eligible:
Surplus materials: excess materials from a project due to a design change etc. that can be used on future projects. Not eligible until used on another project.Incentives not included in the original contract
Payment for overtime
Independent cost estimate required for all extra work. Local agencies may use MnDOT estimating
EstimatingContractManagement.DOT@state.mn.us
MnDOT Average Bid Prices
http://www.dot.state.mn.us/bidlet/avgPrice.html
Language in a Supplemental Agreement can be reviewed by Karen.peters@state.mn.us.
Sample SA language can be found on MnDOT’s contract change page:
http://www.dot.state.mn.us/const/tools/sasamples.html
Scope change outside of limits might require an amendment to the environmental document.
Full Federal Oversight requirements – FHWA must approve contract changes >$100,000, major revisions, scope changes, or agreements dealing with Time.
Contract Time
Refer to eSAM Chapter 5.6 Section IV
http://www.dot.state.mn.us/stateaid/manual/sam2011/SAM2011.pdf
A Supplemental Agreement must be used to extend contract time or anything related to contract time.
Subletting
MnDOT Spec 1801
Prime Contractor must self perform at least the following:
30% of contract with a DBE goal
40% of contract without a DBE goal
Subcontractors can subcontract no more than 50% of their work.
Request to Sublet
Request to sublet forms and summary are kept in project file. They are due 10 days prior to the peformance of work.
http://www.dot.state.mn.us/const/labor/documents/forms/request-to-sublet.doc
http://www.dot.state.mn.us/const/labor/documents/forms/request-to-sublet-summary.xls
Labor
Current labor rates for State or Federally funded projects.
http://www.dot.state.mn.us/const/labor/resources.html
Posterboards
http://www.dot.state.mn.us/const/labor/posterboards.html
Certified Payrolls are required for all contractors and are due weekly.
Trucking reports due monthly
Labor Compliance Field interviews are required monthly
http://www.dot.state.mn.us/const/labor/documents/forms/field-compliance-review.pdf
Payments
Engineer must prepare a partial estimate at least monthly.
a. Estimate of the value of the work completed to date.
b. Based on documentation of quantities and other contract work.
c. Must be in engineer's estimate format.
d. Showing the breakdown of federal participating & non-participating for each
category/group.
e. Certified by Engineer
Material on Hand (MOH)
a. In accordance with Specification 1906, a payment may be made for acceptable
material produced or furnished for incorporation as a permanent part of the
work yet to be completed, if the following conditions are met:
i. Acceptable provisions have been made for storage.
ii. Items specifically manufactured or produced for the project.
iii. Irrevocably assigned to the Contract.
iv. Invoices contain complete material description and identification data.
v. Vendor to be paid by Contractor within 30 days of receipt of partial payment
voucher.
Payment Request
http://www.dot.state.mn.us/safinance/
Password is: reports1
Final Inspection
Final Inspection will be completed by jim.deeny@state.mn.us and/or elisa.bottos@state.mn.us at approx. 90% complete.
http://www.dot.state.mn.us/stateaid/ProjDeliv/dcp/FinalInspectionReport.docx
Final Requirements
http://www.dot.state.mn.us/metro/stateaid/dcpfinal.html
DBE Goal
As of fall 2011 there were new DBE special provisions with adjusted timelines. DBE goal paperwork is due 5 days after letting. There is no longer a negotiation with the contractor, however there is one administrative reconsideration that the contractor can request.Commercially Useful Function
A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the materials, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a commercially useful function, Mn/DOT will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Contract is commensurate with the work it is actually performing and DBE credit claimed for its performance of the work, and other relevant factors.A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which the funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, MnDOT must examine similar transactions, particularly those in which DBEs do not participate.
Exhibit A submitted by Agency at approximately half way through project.
http://www.dot.state.mn.us/civilrights/pdf/dbe/dbedescriptionofwork.pdf
Contractor payment form must be completed by contractor for each payment. It is the agency’s responsibility to ensure the contractor is doing this.
http://www.dot.state.mn.us/civilrights/pdf/dbe/paymentform.pdf
Changes to the approved goal, or GFE, must be approved by the Office of Civil Rights.
The Total Payment Affidavit form must be completed by the contractor after all DBE work is satisfactorily completed.
http://www.dot.state.mn.us/civilrights/pdf/dbe/totalpaymentaffidavit.pdf
Office of Civil Rights letter approving the project is required as part of the final.
EEO Requirements
For projects > $5 Million, there are EEO documents required within 5 days of bid opening in order for the Office of Civil Rights clears the ALB. EEO form 8 (EEO Compliance Review Report), work plan for meeting minority and women employment goals, and ALBs workforce and labor projections for the project. Must be completed before award.
EEO 12 is due at precon (unless contractor has already submitted to MnDOT in that calendar year)
EE0 13s monthly (weekly in July)
http://dotapp7.dot.state.mn.us/edms/download?docId=849751
ADA requirements
MnDOT’s ADA compliance checklist and guidance.
Checklist must be submitted to adacomplancechecklists.dot@state.mn.us for pedestrian ramps on MnDOT Right of Way. This is a requirement for project final.
http://www.dot.state.mn.us/ada/pdf/adacompliancechecklistforcurbramps.pdf
http://www.dot.state.mn.us/ada/pdf/adacompliancechecklistguidanceforcurbramps.pdf
Training Available
Technical Certification
http://www.dot.state.mn.us/const/tcp/index.html
Labor Compliance Classes
http://www.dot.state.mn.us/const/labor/
Documentation of Pay Quantities
SALT Documentation Manual
http://www.dot.state.mn.us/stateaid/Constforms/DocumentationManual2013.pdf
Materials
Independent Assurance
www.dot.state.mn.us/materials/labiast.html
Lab services request form
Materials Exception Summary
http://www.dot.state.mn.us/stateaid/ProjDeliv/dcp/MaterialsCertificationExceptionsSummary2013.docx
Examples of Exceptions
• Failing field test, Quality Control (QC) test, or verification companion test.
• Missing field test, QC test, or verification test, including required
observations of QC tests.
• Tolerance failure between an acceptance test and the corresponding
companion proficiency or IA sample test.
- Companion sample tests are performed between:
Field and laboratory samples
QC and QA samples
Verification and verification companion samples
Field and IA samples
QC and IA samples
Plant observer’s QA or verification samples and IA samples.• IA test fails and is out of tolerance.
• Samples taken or tests performed by non-certified or under-certified
testers, including contractor QC tests when used for acceptance and
agency verification tests.
• Tests not performed in a qualified laboratory.
• Material accepted from a non-approved source, missing certificates of
compliance, etc.
• Individual test out of tolerance, but moving average within limits.
• Bituminous test results in the warning band (year 2000 and older
specifications)--reduce payment in accordance with specifications.
• Paving without a Mixture Design Report/Recommendation.
NOT Exceptions:
• Field QC test passes, lab QA test fails, and the tests are within tolerance.
• Independent Assurance test fails, and is within tolerance of a passing
field test.
• QA test does not meet JMF/broadband requirements, QC test meets
requirements and the tests are within tolerance.
• Out of tolerance test on bituminous summary sheet, with a retest that is
within tolerance.
• Low concrete cylinder strength (unless cylinder strength is specified on
the project).
• Bituminous gradation tests outside the current Mixture Design
Report/JMF but within a requested and approved mix adjustment (should
be considered effective from the time the request was made and noted
on the daily summary sheet.)
• Missed Independent Assurance (IA) tests do not need to be listed as an
exception.
Resolutions:
• Appropriate corrective measures must have been taken.
• Resolution statements briefly describe the action taken:
Standard deduct applied
$ per unit deduct applied
Mix change made and testing rate increased
Testing equipment recalibrated, test rerun and passed
No actions taken (For minor test failure, or omission of a few out of
many required tests; include rationale on form or attach)
• Substantial compliance
• In close conformity
Supporting documentation should be contained in the file.
May request input from District Materials Engineer during determination of
resolution.