CONSTRUCTION CONTRACT ADMINISTRATION

PRIMARY ROLES & RESPONSIBILITIES

PRIMARY TASK OBTAINING PREQUALIFIED CONTRACTOR C Contract Administration Pre-Award Meeting

ODOT

LPA

DCE/CM/LPA Coord./ DEC/REA

CPE/DPE/LPA

C C C

Bid Opening Award Preconstruction Conference LPA Coord. DCE/CM/LPA Coord./ DEC/REA

CPE/DPE/LPA CPE/DPE/LPA CPE/DPE/LPA/ Contractor/ Utilities/ Railroads/ Testing Consultant/Other affected LPA’s

ACTIVE PROJECT ADMINISTRATION C Daily Field Engineering and Inspection CM CPE

MATERIALS MANAGEMENT, TESTING AND CERTIFICATION C C C C Asphalt, Concrete & Aggregate Producer/Supplier Monitoring Asphalt, Concrete & Aggregate Field Testing Field Inspection of Materials from ODOT Certified Sources Monitoring and Documentation of Materials Management Process CM/DET DET, Testing Staff

CPE CPE

CPE CPE

(Continued on next page)

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PRIMARY TASK (continued) PROJECT DOCUMENTATION C C C Daily Diaries Documentation of Quantities, Completed & Accepted Monitoring of Project Documentation

ODOT

LPA CPE CPE CPE

CM

ACTIVE PROJECT MANAGEMENT C C Progress Meetings Schedule Tracking and Updates CM CM CPE, Contractor CPE, Contractor

PAYMENT & REIMBURSEMENTS C C C C Contractor Payment Summary of Progressive Payment Invoice and Reimbursement Preparation Review and Approval of Reimbursement Request CM/DCE CPE, LPA CPE CPE

CONTRACT CHANGES C C Negotiation and Preparation of Change Orders Review of Change Orders for Reimbursement CM/DCE/LPA Coord.

CPE CPE

CLAIMS MANAGEMENT C C C Claims Negotiation and Approval of Resolution Approval of Funding for Resolution Monitoring and Documentation of Claims Management Process CM/DCE DCE/LPA Coord. CM/DCE CPE

(Continued on next page)

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PRIMARY TASK (continued) PREVAILING WAGE COMPLIANCE C C C Wage Interviews, Payroll Reviews Resolution of Underpaid Wages Monitoring and Documentation of Prevailing Wage Compliance Process

ODOT

LPA LPA LPA CPE, LPA

Prevailing Wage Coord.

EEO AND DBE CONTRACT COMPLIANCE C C C C C EEO/DBE Contract Requirements Bulletin Board Monitoring Review and Approval of Contractor DBE Waivers Commercially Useful Function Reviews Monitoring and Documentation of LPA’s EEO and DBE Compliance Process EEO Contract Compliance Coord./Officer Office of Contracts LPA LPA LPA

PROJECT FINALIZATION C C C C C C C C Final Inspection CM, District Final Inspector CPE, LPA

Resolution of Punchlist Items Agreement of Final Quantities, Payment Final Payment to Contractor, Release of Responsibility Preparation of Project Closeout Documents Review and Approval of Finalization Documents Final Reimbursement Completion of LPA Contract Administration Evaluation CM/DCE DCE CM/DCE

CPE CPE, Contractor CPE CPE

DCE: CM: DEC: REA: DET:

District Construction Engineer Construction Monitor District Environmental Coordinator District Real Estate Administrator District Engineer of Tests

CPE: DPE:

Construction Project Engineer Design Project Engineer

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The LPA must obtain approval of the District Construction Engineer (DCE) or designee when the resolution of the complaint. Parts 635 and 637. and that quantities are documented sufficiently to make payments for completed work. project documentation. When the contractor files a contract complaint. materials. disputed work and claims will comply with the policies. LPA responsibilities for construction administration include but are not limited to the following: • Furnish qualified and experienced engineering and inspection staff for the duration of the project.CONSTRUCTION CONTRACT ADMINISTRATION INTRODUCTION This chapter covers the topics related to the construction administration of locally-let construction contracts. Construction contract administration is the responsibility of the LPA through its Construction Project Engineer (CPE). • • • • Page 4 of 36 . ODOT. Every attempt should be made to pay the contractor and railroads within 30 days per the Ohio Revised Code Section 126. Detailed inspections include verification that the materials are as specified in the contract documents. Promptly pay the contractor for completed work and railroads for completed force account work and flagger services. The CPE and its staff will perform detailed inspections. decisions must be made in a thoughtful and timely manner with due consideration of all facts involved according to the project’s approved Claims Management Process. Make all project decisions in a timely manner to avoid undue delay. The CPE is designated by the LPA to serve as the main contact for the contractor. Staff supplied for the project shall be as proposed and approved by ODOT prior to the beginning of construction and as proposed in the LPA’s request to administer the project. This requires monitoring by the CPE’s project staff of operations for compliance with all construction contract documents. FAPG Part 635A requires inspections with a frequency appropriate for the work being performed. dispute or claim. dispute or claim extends the contract time frame and/or adds to project costs.30. The administration of these projects relating to construction supervision. the project is built in accordance with approved plans and specifications. Secure contract required workmanship by the contractor. requirements and procedures set forth in Federal-Aid Policy Guide (FAPG). change orders. FHWA and any other agencies having an interest in the project.

Respond to any complaints or questions by the public in a timely manner. prepare reimbursement requests for the contractor. If the project has Disadvantaged Business Enterprise (DBE) requirements. Provide for and ensure that all materials incorporated in the project are tested. equal employment opportunity and disadvantaged business enterprise legal requirements. sampling and certification requirements. The level at which this process requires ODOT approval. they are to be established by the contractor and paid through the construction contract. track work. The LPA must obtain approval of the DCE or designee for all change orders of significance. • • • C Page 5 of 36 . the LPA will follow the approved Change Order Review Process. temporary train rerouting. etc. immediately after contract award. When unforseen conditions. • • • • Review daily and promptly require maintenance and/or adjustment of the contractor’s maintenance of traffic work zones to ensure the public can pass safely with least the amount of interference. The Office of Contracts decision on the waiver is final. plan errors or other events occur that require the consideration of contract change orders for the contractor. Notify ODOT promptly of noncompliance with any of these programs for guidance and assistance. submit reimbursements request to the CM for review and DCE. the authorized LPA official per the ODOT/LPA agreement. the LPA’s project staff and/or consultants. any contractor requests for waivers will be reviewed and approved by ODOT’s Office of Contracts. When the contractor requires temporary railroad crossings. sampled and/or certified according to the project’s approved Materials Management Process and plan specifications. Provide railroads with official notice to proceed for flagging services. or designee for approval. After written approval by the CPE and if required. Monitor and require compliance by the contractor with contract provisions such as prevailing wage. The LPA’s review and determination shall be timely and not unduly burden the contractor nor add unnecessary costs to the project.Construction Contract Administration • In a format acceptable to ODOT. See the section on Materials Quality Control/Quality Assurance for testing. shall be established by all parties prior to contract award as part of the Change Order Review Process.

but are not limited to the following: C The DCE shall appoint a Construction Monitor (CM) with prior experience in construction contract administration of similar ODOT let projects to provide guidance and ensure compliance with the ODOT/LPA agreement for the duration of the project. The CM shall regularly monitor the LPA’s agreed to construction contract administration practices. progress meetings. The amount of and level of involvement will be driven by the size. The CM shall review and the DCE or designee will approve. the CM will communicate and support the CPE and not direct the contractor. plan errors or other events occur that require the consideration of contract change orders for the contractor. the authorized LPA official as noted in the ODOT/LPA agreement. This monitoring will include. Every attempt will be made to process the LPA’s reimbursement request within 14 days of receipt. etc. The CM shall monitor the LPA’s claims process to ensure that it follows the approved Claims Resolution Process. attendance at the pre-award meeting. ODOT’s review and approval shall be timely and not unduly burden the LPA or the contractor. Requests for reimbursement must be signed and recommended by the CPE and if required. In this role. complexity and experience of the LPA and its staff and/or consultant. When unforseen conditions.Construction Contract Administration ODOT responsibilities for construction contract administration will be the responsibility of each District’s Construction Department and include. • • • • • • Page 6 of 36 . disputes and claims. The CM shall be a resource to the LPA’s CPE on technical and or administrative issues unique or not expected by the LPA. all appropriate requests by the LPA for reimbursement for federal and/or state funds. ODOT will follow the approved Change Order Review Process. Any substitution of key personnel by the LPA and or its consultant must be made with prior approval by the DCE or designee. The DCE and or designee shall review the qualifications and experience of engineers and inspectors assigned to the project by the LPA and or its consultant to ensure compliance with the ODOT/LPA agreement. The DCE or designee will grant approval to the resolution of complaints. preconstruction conference. disputes or claims that extend the project construction time frame and/or increase project costs. The DCE or designee and CM shall be a resource to the LPA for the prompt resolution of contractor complaints. discuss any concerns with the LPA’s Construction Project Engineer (CPE) and report any unresolved issues to the DCE and/or designee. but is not limited to field visits.

• Page 7 of 36 .Construction Contract Administration • The District Equal Employment Opportunity Contract Compliance Coordinator/Officer and Prevailing Wage Coordinator will monitor and provide guidance on Federal and State contract provisions in the areas of Equal Employment Opportunity (EEO). The lists should be submitted early to avoid delays associated with sampling and testing and checking of experience and references of subcontractors. obtain required samples along with supporting documentation/certifications and work experience and references of subcontractors. will review and approve contractor requests for waivers of all or part of the goal. Be a resource to the LPA in the areas of testing. Require the contractor maintain traffic in accordance with the plan specified maintenance of traffic plan. • • • Contractor responsibilities for construction administration include but are not limited to the following: The contractor shall designate one individual as the main contact for the LPA. The LPA will review the proposed lists of material suppliers and subcontractors. Where a project has a specific DBE goal. Disadvantaged Business Enterprise (DBE) and Prevailing Wage Compliance. The designated person should have the authority to speak on behalf of the contractor. • The contractor must notify the LPA of the project starting date and keep the LPA informed of the proposed schedule of operations. the LPA will be formally notified and a recommendation made to the DCE that reimbursements be reduced or halted until the project is brought back into compliance. The contractor shall provide a list of material suppliers and subcontractors. certification and ODOT’s materials management processes. the contractor shall utilize ODOT certified material suppliers and established Job Mix Formulas (JMF’s). Ensure that the LPA is in compliance with the project’s approved Materials Management Process. Should activities not be in compliance. ODOT’s Office of Contracts. notes and the Ohio Manual of Uniform Traffic Control Devices (OMUTCD). This individual should be capable of reading and thoroughly understanding the plans and specifications and be experienced in the types of work being performed. This individual should have full authority to execute instructions of the CPE and should be in charge of all construction operations regardless of who performs the work. Unless otherwise approved as part of the project’s Materials Management Process. This allows the LPA to anticipate engineering and inspection needs and therefore efficiently manage staff.

the Design Project Engineer (DPE) and the CPE review the Final Design Plans with the assistance of a knowledgeable third party when appropriate. This is extremely important when the situation involves public safety. additionally the contractor must also be aware of other regulations such as safety. The contractor must provide railroad liability insurance and proof of this insurance to the LPA prior to the start of any work on or adjacent to railroad facilities. The contractor is required to protect and indemnify the LPA and ODOT from all claims and liability resulting from negligence or willful violations. Many of the legal requirements of the contract are addressed in the proposal. • • • • • • CONSTRUCTABILITY REVIEW Avoiding claims and reducing bidder risk and uncertainty can be accomplished by removing or lessening the factors that contribute to claims and higher than estimated bids. Page 8 of 36 . as well as maintaining the project free of debris. When conducting a Constructability Review the team should: • Review General Notes and Special Provisions. and Local laws that apply. This includes using clean. The contractor must promptly notify the LPA of any changed site conditions so they can be resolved in a timely manner. but are extremely important. functional equipment as shown on his accepted progress schedule. It is the contractor’s responsibility to mitigate any delays caused by changed conditions.Construction Contract Administration • The contractor shall notify affected railroads and utilities of a start date for construction on and/or adjacent to its facilities. A Constructability Review is one way to help avoid claims and provide for competitive bids within the engineer’s estimate. State. experienced and with appropriate. The contractor must carry out the work in a diligent manner utilizing adequate labor that is trained. readable signs. and traffic control devices. Usually. The contractor must respond quickly to correct a problem once notified. The contractor must maintain the project in order to permit the public to move safely through. which may not be thoroughly detailed in the LPA’s specifications. The contractor must be knowledgeable of all Federal.

within project limits. impact on adjacent facilities. < Stream & Stream Diversions. < Maintenance of Traffic. as part of project area. to remain and/or be relocated.Construction Contract Administration • • Review any Subsurface Investigations. Page 9 of 36 . further deterioration since last quantity estimate. Sediment and Erosion Problems and Other Geological Features. detoured area or adjacent facilities. and < Quantities. conditions or quantities. detoured area or adjacent facilities. Field Review the Project paying particular attention to: < Right of Way Encroachments or Obstructions. existing or impacted by the construction activity. accuracy of location both horizontally and vertically. The purpose of this meeting is to encourage face to face discussion regarding plan intent and any areas of concern prior to bid opening. need for temporary crossings. < Impact on Signals. the LPA and its DPE and CPE at a minimum. deterioration) of existing facility and area over which traffic is shifted and/or detoured. phasing. time since last estimate. obstructions. if required. magnitude of contingencies. and storm water management plan. a Pre-Bid meeting may be held including prospective bidders. maintained or reconstructed. adequate force account funds for flaggers. approval of permits. large and high impact projects. < Railroads. maintained. < Railings & Signs. cracking. This meeting is strongly recommended for complex. The focus of the review should be very practical. reconstructed. heaving. The team should look for the obvious discrepancies in location. < Utilities. existing and proposed meet current standards.e. basis of estimates. detours . < Pavement or Bridge Condition (i. < Drainage systems/appurtenances. missing information. ODOT will attend if requested to do so by the LPA. PRE-BID MEETING During the bidding period. time for plan reviews.

the DCE or designee. and the LPA Coordinator shall attend at a minimum. inspection and other staff. Prevailing Wage Compliance Officer. PRE-AWARD MEETING After the Plans. if appropriate. Change Order Review Process. For projects with over $500. the LPA and ODOT shall conduct a Pre-Award Meeting.000.Construction Contract Administration Often. this meeting will result in plan addendum that could have resulted in change orders and/or claims after the project has been bid. Environmental commitments. temporary crossings. the following shall be discussed: C C C C C C C C C Names. Railroad force accounts. Specifications & Estimate package (PS&E) has been submitted and preferably before the biding period and contract award. the meeting shall be held in person. as appropriate. the CM. Other participates. In attendance for the LPA shall be its CPE. At a minimum. District Real Estate Administrator (REA). the time and effort required for a Pre-Bid meeting is valuable to both contractors and the LPA. flagger services. Prevailing Wage Coordinator. Pre-construction meeting. a conference call is sufficient. Equal Employment Opportunity (EEO) Officer and Contract Officer. for under $500. Page 10 of 36 . EEO Contract Compliance Coordinator/Officer and Utility and Railroad Coordinator. Award process and determination.000 in Federal and/or State funds. DPE. The purpose of this meeting is to reach final agreement on all construction contract administration responsibilities and procedures in advance of the Pre-con meeting and any contract work taking place. It is anticipated that the preliminary agreement on construction contract administration responsibilities and procedures was made as part of the LPA’s request to administer the project and the accompanying prequalifications. will include the District Environmental Coordinator (DEC). Maintenance of traffic requirements. For ODOT. qualifications. ODOT support and involvement. For those reasons. roles of engineering. Contractor and railroad force account payment and LPA reimbursement.

Special Uses of “As Per Plan” Reference Items. The CPE should be familiar with all project documents and terms of the contract prior to the Pre-con meeting. and Final Inspection. contractor. Page 11 of 36 C C • • • . Completion Date. subcontractors. damage claims resolution. Claims Management Process. Plan Notes. PRECONSTRUCTION CONFERENCE A Preconstruction Conference (Pre-con) shall be held for the project prior to the beginning of construction. Construction schedule tracking.Construction Contract Administration C C C C C C C C Utility relocations. Materials Management Process. List of material suppliers. the LPA shall prepare and distribute minutes for all attendees to refer to as the project progresses. time extensions. Public relations. Note that the contract may be signed at the Pre-con. Special attention should be given to the following items: C Project staffing list including normal business and emergency contact phone numbers for key staff members of the CPE and LPA. ODOT CM and DCE or designee. Prevailing Wage. EEO and DBE Compliance requirements. Any action items agreed to in the meeting shall be promptly resolved. liquidated damages. Materials Management Process. project closeout procedures. acceptance. Documentation Process. Interim Completion Dates. After the conclusion of this meeting or conference call.

Special Provisions. specifications. LPA Coordinator at a minimum and DEC. REA. the involved parties must express any and all concerns regarding the construction project. The CPE should obtain a list of contacts for all parties involved with the project prior to the Pre-con meeting. Change Order Review and Claims Resolution Processes. temporary crossings. flagger services and associated force account(s). Status of railroad review of contractor’s permits. District Prevailing Wage Coordinator and EEO Contract Compliance Coordinator/Officer as needed) and any other agencies that have involvement in the project (utilities. ODOT (CM. erection plans. DPE. DCE or designee. false work. and requirements under the on-the-job training program. etc. This list is Page 12 of 36 . Phasing Requirements. DBE goals and procedures. Other items that should be discussed are the necessary utility adjustments. method of payment. The CPE should facilitate the Pre-con as well as prepare and distribute minutes and an attendance signin sheet to those who attend the meeting. Prevailing wage requirements and procedures. track protection. maintenance of traffic. nondiscriminatory hiring requirements. EEO responsibilities. special provisions and responsibilities of the LPA. demolition. plans. ODOT and the contractor. The attendees at the Pre-con meeting should include the CPE. railroad permits and requirements. • • • • • The purpose of the Pre-con meeting is to discuss details on the constructing of the project.). and Protection and restoration of property. especially those that need to be addressed immediately to avoid delays with the project. CPE. bid proposal. Status of utility relocations. At this meeting. the contractor.Construction Contract Administration • • • • • • Proposal Notes. and contractor’s Progress Schedule. railroad. availability of right of way. Addenda.

list of material sources. Following the completion of a phase or sub phase of work. Page 13 of 36 . depending on the complexity of the project. The Progress Schedule may be used in any assessment of liquidated damages or incentives/disincentives. The main tool for monitoring a project is the Progress Schedule. CM and others as the point in progress dictates including representatives of subcontractors. Accuracy and details in the daily diary concerning delays will protect the LPA against potential contractor claims. contractor caused or both The situations and decisions that pertain to the project should be recorded in a diary. CPE. The contractor needs to request permission from the LPA for both the use of local roadways to be used for hauling materials and equipment to and from the project. and a consideration with respect to any termination action. MONITORING PROGRESS Progress Meetings Regularly scheduled Progress Meetings are a very productive tool for monitoring the status of a project. utilities. The contractor shall provide a progress schedule. The Progress Schedule shall be reviewed with the CPE and the contractor at different intervals of the project as follows: • • • • • At the start of the project to detect if the contractor began as scheduled. The Progress Schedule must be updated periodically to ensure an accurate measure of the progress of the work and to maintain the status of the project with respect to time. and help solve problems before they turn larger and more costly. DEC. Following the completion of a major item of work. It is very important to keep a daily diary of activities of the project. Every two weeks or monthly. suppliers. Attendance at Progress Meetings is required for the contractor’s Superintendent. and Before. and designated local detours. railroads. The diary entry should list the reasons the contractor cannot proceed with certain portions of the work.Construction Contract Administration useful in the future for timely resolution of problems which surface during the project construction. and a list of haul roads and designated local detours. during and after any type of delay to determine whether or not the delay was owner caused. etc. They enhance communications. list of subcontractors. REA.

If a contractor fails to complete the work by the contract completion date. Contract time extensions submitted for approval to the CPE must be fully justified and adequately documented by the contractor (Ref: FAPG 635. required permits and the planned dates of critical project milestones. the LPA may consider liquidated damages or disincentives. The contractor must include a detailed explanation that will justify the granting of the extra time.120(c)). The following items are to be used in determining an acceptable schedule: Page 14 of 36 . Once the contractor gives the CPE a revised Progress Schedule including the reason for the delays. there shall be a plan for completion of the work.120(c)). Contract time extensions submitted by the contractor shall be subject to the concurrence of the CPE. the CPE should review the revised Progress Schedule and check the daily diary to see if the reason for the project’s delay agrees with the contractor’s explanation. the CPE on behalf of the LPA should send the contractor a letter requesting a revised Progress Schedule and reason for the delay. ordering of special manufactured articles. The CPE must review the Progress Schedule to see if the schedule is acceptable. In the written request. including the procurement of materials and equipment. The CPE shall notify the CM of the need for a contract time extension. the contractor must request a time extension in writing.Construction Contract Administration Behind Schedule When the project progression is fifteen days behind the original Progress Schedule. the contractor shall submit to the LPA a written request to continue the contract work. Certain plan notes may require interim dates for phase completion and include special liquidated damages. working drawings. which may require a change in the LPA agreement. Time Extension And Waiver Of Liquidated Damages The CPE shall have adequate written procedures for the determination of contract time as described in Chapter 9 (Ref: FAPG 635. If delays are due to inexpediency or incompetence of the contractor or subcontractor. Liquidated damages shall be applied in accordance with the requirements of the contract. The LPA may grant a time extension or wavier of liquidated damages for excusable delays. the CPE can request the removal of the individual(s) or subcontractors involved. When a delay in the project has occurred. The DCE or designee will coordinate with the LPA so that any agreement change is completed promptly. If the contractor causes the delay. The CM will review the proposed request for a contract time extension with the DCE or designee and LPA Coordinator and determine if a change in the LPA agreement is necessary. Progress Schedule The Progress Schedule must show the contractor’s plan to carry out the different work types.

Construction Contract Administration • • • • • • All major items of work are included. Monitoring the Progress Schedule can determine the responsible party for project delays. if required. However. Activities reflecting procurement of materials and equipment are identified. etc. Appropriate consideration for progress during winter months. and The arrangement of project phases per the plan. including milestone dates and/or interim completion dates. Time for permit completion. Critical or controlling work activities and material deliveries are identified. Adherence to contract requirements is demonstrated. Sequence of operations is logical and clear relationships between activities is shown. The Progress Schedule is the main tool with which the CPE shall monitor the progress of the contract. are accounted for. If the schedule is not logical or is unreasonable. Start and finish dates for the specific activities of work required by the contract are furnished. Special provisions in the contract. the CPE should ask for clarification. It is. PROJECT DOCUMENTATION Page 15 of 36 . Ohio EPA. is included. Special material requirements of the plans are included. Maintenance of traffic requirements are provided. railroads. The contractor’s plan for the execution of the work is shown. Duration of activities is reasonable. the CPE should review and accept the Progress Schedule. review and approval by utilities. therefore. • • • • • • • • • The Progress Schedule is the responsibility of the contractor. Graphically depicts sequence of work. very important that the CPE Project Engineer accurately review the schedule before accepting it.

two reviews per season for projects from $1 million to less than $2 million. EEO Contract Compliance Coordinator/Officer and Prevailing Wage Coordinator will periodically review the level and completeness of project documentation.g. monthly for projects equal to or greater than $2 million. wage rates. CONSTRUCTION CONTRACT REQUIREMENTS FOR EEO. If within a specified period of time the documentation has not been improved. ODOT. the DCE may request that the LPA not be permitted to administer construction contracts in the future. what inspections and tests were made and the results.Construction Contract Administration Record keeping is an integral part of contract administration and is especially important when considering any contract changes including. e. Adequate records must be maintained to document the need for changes and to establish pricing for extra work. Equal Employment Opportunity. monthly for projects $2 million or greater. safety. Page 16 of 36 .000 to less than $1 million. there shall be one review per season for projects equal to $500. Should the level of documentation not exist to the satisfaction of the CM. The CM. Project records shall always be available for inspection by ODOT and FHWA personnel. The primary goal of project records is to ensure that documentation exists for the acceptance of materials and work items for both quality and quantity. Documentation shall also demonstrate that the contract was administered in compliance with the general provisions of the contract and specs. and the adequacy of the LPA’s compliance processes. The basis of acceptance for quality. etc. • For the LPA’s EEO/DBE Compliance process. the LPA and the contractor will designate key personnel responsible for the following mandatory activities. there shall be three reviews per season for projects less than $2 million and. the DCE or designee will inform the CPE in writing the specific findings and required remedies. change orders and claims/dispute resolution. The minimum number of reviews is based on project dollar amount(s) and compliance area as follows: • For the LPA’s Prevailing Wage Compliance process. the method of measurement and the basis of payment are established by the specifications. The records shall indicate that work was accomplished. DBE & PREVAILING WAGE COMPLIANCE At the Pre-con. and. the DCE may request reimbursements to the LPA be withheld until such time as documentation improves. Documentation is also required for work performed by railroads or utilities that is to be paid on a force account basis.. but not limited to. Additionally. The CPE must ensure that each item in the contract is documented sufficiently to satisfy an audit.

ordering the materials and installing (where applicable) and paying for the material itself. a CUF review shall be performed once per season per DBE goal C subcontractor per project. CFR §26. a CUF review shall be performed at least twice per season per C DBE goal subcontractor per project. The Committee reviews each eligible project taking into consideration the size of the project. work types. The waiver process is found on the ODOT Office of Contracts’ website. The LPA’s EEO/DBE Compliance Officer’s minimum monitoring schedule is based on the dollar amount of the project as follows: From $500. the ODOT waiver process must be followed. Projects with Disadvantaged Business Enterprise (DBE) Goals Any project with Federal funds and a dollar value greater than $500. The goal is assigned by the ODOT Central Office Goal Setting Committee. Once the goal is set. with respect to materials and supplies used on the contract. The prime contractor must contract with DBE subcontractors prior to the signing of the contract with the LPA.000 up to $1 million. The DBE must also be responsible. location and available DBE’s who are located within a reasonable proximity. provide guidance when requested and to inform the DCE if corrective actions are required by the LPA.Construction Contract Administration EEO & DBE Requirements on Federally Funded Projects The District EEO Contract Compliance Coordinator/Officer shall monitor the LPA to ensure they are in compliance with the following DBE & EEO requirements. The contractor shall identify how they will meet the DBE goal and in the event the contractor is unable to meet the goal. and Page 17 of 36 . A listing of certified DBE firms is available on the Office of Contracts web page. The LPA will then include the required goal in their bidding documents.55 (c) (1). The contractor must use DBE firms certified by ODOT. From $1 million up to $2 million. Commercially Useful Function The LPA is required to monitor DBE subcontractors to ensure they are performing a commercially useful function. ODOT reserves the right to withhold reimbursement until such time that DBE and EEO requirements are being met and appropriately monitored.000 is eligible for a DBE goal. and supervising the work involved with the DBE’s employees. the LPA will be notified by the ODOT Office of Local Projects. managing. determining quality and quantity. A DBE is performing a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing. for negotiating price.

of the Ohio Revised Code.59 and 591. goals are identified in the economic area. These goals are applicable to all the contractor’s construction work (whether or not it is Federal or Federally. State Only Funded Projects The hiring of employees for performance of work under a state funded contract shall be done in accordance with Sections 153.3(a). 23 CFR § 230. the Compliance Officer must track CUF review results. negative findings and DBE goal subcontractor payments for ODOT’s process reviews. The goal for female participation in each trade for Ohio is 6. If the contractor performs construction work in a geographical area located outside of the covered area. 41 CFR §60-1. The goals and timetables for minority and female participation. Executive Order 11246. 41 CFR §604. the Executive Order and regulations in 41 CFR §60-4. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor’s goals shall be a violation of the contract. EEO Contract Compliance The LPA is required to monitor the contractor and subcontractors to ensure they are meeting the Required Contract Provisions in Federal-Aid Construction Contracts (Form FHWA 1273 . specific affirmative action obligations required by the specifications set forth in 41 CFR §60-4. 41 CFR §60-4. expressed in percentage terms for the contractor’s aggregate workforce in each trade on all construction work in the covered area. and in each trade.Rev. and its efforts to meet the goals. it shall apply the goals established for such geographical area where the work is actually performed. 493). With regard to this second area. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract. and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. Compliance with the goals will be measured against the total work hours performed. The contractor’s compliance with the Executive Order and the Regulations in 41 Code of Federal Regulations (CFR) §60-4 shall be based on its implementation of the Equal Opportunity Clause. a CUF review shall be performed at least monthly. are as follows: Economic area percentage goals for minority participation are established for the geographical area where the work is being performed.3(a).assisted) performed in the covered area.Construction Contract Administration C Greater than $2 million.7(b) (1). Governor’s Executive Order (11-30-84). Goals by area are located at the end of this chapter.9 percent. the contractor also is subject to the goals for both its Federally involved and non-federally involved construction. In addition to this schedule. Governor’s amended Executive Page 18 of 36 .

The LPA’s Prevailing Wage Compliance Officer’s minimum monitoring schedule is based on the dollar amount of the project as follows: Less than $2 million.60 of the Ohio Revised Code. Cincinnati. at least three wage interviews shall be conducted so that one each is C performed in the beginning. The contractor shall not discriminate against or intimidate any person hired for the performance of the work by reason of race. Prevailing Wage Requirements The ODOT District Prevailing Wage Compliance Officer shall monitor the LPA to ensure they are in compliance with the Prevailing Wage requirements and to provide guidance when requested. the contractor may adopt minority utilization goals of the nearest designated area. they are to be paid prevailing wage for the classification of work performed and listed on Page 19 of 36 . Dayton. In cases where the project is not located in a designated area. If an Owner. Designated areas are defined as Ohio’s Standard Metropolitan Statistical Areas (SMSA). ancestry. middle and end of the season. Foreman and/or Supervisor is working more than 20% in a given work week on the project. They are Akron. Cleveland. ODOT reserves the right to withhold reimbursement until such time that Prevailing Wage requirements are being met and appropriately monitored. The LPA must ensure that the contractor submits Statewide Input 29 Forms monthly to the Ohio Department of Administrative Services. Greater than $2 million. national origin. An Owner. 1984. An appendix item with minority utilization goals on state funded projects for each trade to be used by the contractor in a designated area is located at the end of this chapter. C There shall be a 30 percent spot check of payrolls performed three times per season so that one C each is performed at the beginning. and Negative finding shall be tracked and resolution documented for each ODOT review. middle and end of season. color. religion. sex or handicap. the Prevailing Wage Compliance Officer shall inform the DCE.Construction Contract Administration Order 84-9 of November 30. wage interviews shall be conducted once a month. The LPA must ensure that the bidder also agrees that upon the award of this contract he shall incorporate this certification on all subcontracts on this project regardless of tier. Toledo and Youngstown-Warren. C When corrective actions are required by the LPA. For any violation the contractor shall suffer such penalties as provided for in Section 153. Columbus. The prime contractor is responsible for all forms to be furnished to subcontractors along with wage rates or any other modification vital to the project. Foremen and/or Supervisor performing any kind of work on the project must be added to payrolls. The LPA is required to monitor the contractor and subcontractors to ensure prevailing wages are paid to all laborers and mechanics employed on the project.

3. 8. 7. Contractually required wage rates. If the Owner. This form (located at the end of the chapter) must accompany each certified payroll. Page 20 of 36 . they are to be included on the payroll. 2. BAT. THE LAW. The apprentice agreement from the union is not acceptable. All apprentices must be registered with the U. and the manner in which fringe benefit payments have been irrevocably made. Columbus Office 614-469-7375). and Original signature of a company officer on the certification statement. 6. but not be limited to the following: 1. FHWA Notice (1022). The original payroll with an original signature must be submitted on the Statement of Compliance Form. Employee name. Department of Labor (USDOL). total pay. and hours worked. Minor Labor Laws. Foreman and/or Supervisor are the sole worker(s) on the job. THE LAW (En Espanol). 3. The basic hourly and overtime rate paid. 9. Wage Rate Information (FHWA 1495A) (En Espanol). WH-347. 5. address.Construction Contract Administration the payroll. 4. Wage Rate Information (FHWA 1495). 4. Bureau of Apprenticeship and Training (BAT) (BAT. classification. social security number. The District Prevailing Wage Coordinator will monitor the LPA’s prevailing wage compliance efforts. S. Family & Medical Leave Act of 1993. Ohio Fair Employment Practices Law. The project number and pay week dates. A copy of the “Apprentice Certification” obtained from the USDOL. The prevailing wages must be supplied in the bidding documents. Bulletin Board Requirements It is the LPA’s responsibility to ensure the contractor has a bulletin board placed in a location easily accessible to both the employee and the public and should include. or equivalent and shall show the following: 1. 2. It is the LPA’s responsibility to check every payroll to ensure those employees working in crafts covered by the prevailing wage laws are being paid the correct wage and fringe benefits for the craft they are performing. must accompany the first certified payroll submitted for all apprentices working on the project. The contractors and subcontractors shall submit to the LPA certified payrolls each week beginning three weeks after the start of work.

g. The acceptability should be consistent with the specifications and may require independent assurance testing. the project superintendent may keep the bulletin board requirements in a notebook in his/her vehicle. their certifications and those of an independent testing laboratory to be utilized. the following minimum standards are required. 13. Approval is contingent on meeting or exceeding the minimum standards listed below and the intent of the plans and specifications. and fully functional transportation facility. This requirement is being passed to the LPA by accepting Federal and/or State funds.. In addition. If a bulletin board is not practical (e. 12. U. Contractor’s EEO Policy. the Materials Management Process should list the individuals responsible for testing and inspection. Department of Labor (1321). no field office). However. and The company EEO Officer’s name and Telephone number. suppliers. contractors or ODOT certifications as sole documentation of acceptability are not always sufficient. Reimbursement of Federal/State funds may be denied for materials incorporated into the work without or contrary to the accepted Materials Management Process and contract documents. The LPA must make arrangements to provide for and administer a Materials Management Process. ODOT does require testing and inspection of materials on all projects no matter the highway designation. The LPA through its CPE is responsible for material testing and inspection pursuant to the minimums listed below and as described in the project’s approved Materials Management Process. Manufacturers. It is required that the LPA check bulletin board compliance when performing Prevailing Wage Interviews and/or Commercially Useful Function Reviews. In order to protect the interest of public safety and to protect the LPA from receiving substandard materials. FHWA does not require specific testing and inspection of materials off the NHS (National Highway System). 11. MATERIALS QUALITY CONTROL/QUALITY ASSURANCE The quality of materials and workmanship on a project must conform to the contract specifications so that the public funds expended will have purchased a safe. For all LPA administered projects that exceed $2 million of Federal and/or State funds. Only laboratories certified by AASHTO Materials Reference Laboratory (AMRL) for the materials to be tested are permitted. all ODOT materials testing and Page 21 of 36 . economical.S.Construction Contract Administration 10. The LPA’s proposed Materials Management Process shall be submitted by the CPE to the DCE for review and approval prior to being finalized at the Pre-award meeting. Federal Minimum Wage.

C C Aggregate. District monitoring of the materials management process is as follows: if the project is less than or equal to $500.Construction Contract Administration inspection standards and requirements are to be enforced. For these projects. delivered to the project site in an ODOT inspected mixer. All asphalt concrete supplied will be from ODOT approved Job Mix Formulas (JMF’s). Forty-eight (48) hours before significant concrete production is to begin. temperature and yield tests shall be taken and one set of cylinders made according to the ODOT Manual of Procedures for Concrete. the CPE shall notify the CM so that plant monitors are available and aware of the JMF to be used. lighting fixtures. Miscellaneous Portland Cement Concrete. As part of ODOT’s Quality Assurance procedures. Each 50 yards of delivered concrete. The individual performing the tests shall be ACI Level I Field Technician certified. Forty-eight (48) hours before significant asphalt concrete production is to begin. delivered to the project site in an ODOT inspected mixer. The District shall monitor conformance at least once a month. C C C Page 22 of 36 . Further testing and quality control requirements are found in the ODOT Manual of Procedures for Concrete. from an ODOT approved Job Mix Formula (JMF) and according to ODOT Supplemental Specification 899. if greater than $500. temperature and yield tests shall be taken for each 50-100 yards of delivered concrete. ODOT will perform periodical plant testing and monitoring of asphalt concrete production. catch basins. A beam tensile test shall be performed to represent that day’s production. The contractor will notify the CPE and CM of the start date of the project. monitoring shall occur four times per season. monitoring shall occur twice per season. must be supplied by certified ODOT suppliers. Miscellaneous Materials. the CPE shall notify the CM so that plant monitors are available and aware of the JMF to be used. signs. etc.000. air. For each day’s pour. to be provided by a certified ODOT supplier. pipe. concrete will be batched from an ODOT approved concrete plant. manholes. All materials not specifically listed below. a minium of three days before actual work begins. slump. or fraction thereof. shall be provided by a certified ODOT supplier and field inspected for defects prior to incorporation into the project. such as guardrail. air. Simply stated. Portland Cement Concrete for paving will be batched from an ODOT approved concrete plant. Asphalt Concrete production and testing will be performed according to ODOT Supplement 1056. slump. posts. all asphalt concrete specified in plans will be ODOT item 448. The minimum standards that follow apply only to those projects less than $2 million.000 up to $2M. from an ODOT approved Job Mix Formula (JMF) and according to ODOT Supplemental Specification 899.

will be made from each 50 cy (35 m³) or fraction thereof. with the written approval of the CPE. steel members. the appropriate testing. on structures over 20 ft clear span (6. as per Section 511 of the Construction & Material Specifications (C&MS). < Air. concrete for substructures shall have air. sampling and inspection requirements will be as submitted and approved in the Materials Management Page 23 of 36 .1. < After the initial testing. slump and yield tests performed as often as necessary to assure the required specifications are met as per the Manual of Procedures for Structures. minimum requirements are as follows: < Two test cylinders. concrete for superstructures shall have an air test completed on each load of concrete. made of the concrete incorporated in each day of work. as per Section 704. as per Section 511 of the C&MS. For any materials not listed above nor available from ODOT certified suppliers. as per Specification 511 of the C&MS. on structures 20 ft clear span (6.Construction Contract Administration C Small Quantities. a concrete test beam shall be made and tested in accordance with Supplement 1023. < After the initial testing. made of the concrete incorporated in each day of work. < For structural members. non-tested portland cement concrete and asphalt concrete materials may be incorporated into the project. slump and yield tests shall be performed on the first several loads of each day’s production of concrete to ensure the concrete meets the required specifications and to ensure the proper adjustments have been made to bring the concrete into the required specifications. an air. < When necessary to permit early removal of false work or to permit backfilling. from ODOT certified suppliers provided the quantity is less than 50 cubic yards. Structures. will be made from C each 200 cy (150 m³) or fraction thereof.1 m) or less. < Two test cylinders. pre-stressed concrete box and I-beams shall be from ODOT certified producers.2 of the Manual of Procedures for Structures.1 m). Slump and yield tests shall be performed as often as necessary to assure the required specifications are met as per the Manual of Procedures for Structures. slump and yield test shall also be performed. < Each time test cylinders or test beams are made.

if necessary. the establishment of new bid prices. the CPE will forward the change order to the CM for review and DCE or designee for approval. Changes caused by outside agencies such as utilities. to assure the applicability of FHWA and/or State funding is for the change order. • • Page 24 of 36 . Generally. CHANGE ORDERS Change orders amend the contract by adding or deleting work. Prior to contract award. This review will apply whether the change is for an extension of bid prices. railroads. making reimbursement for additional costs incurred. Only work necessary to complete the project as originally intended may be added by change order. A change order is prepared and processed for any of the following reasons: • • An increase or decrease in any of the contract pay items. Should the LPA direct the contractor to perform added work prior to approval by ODOT.Construction Contract Administration Process. The addition of a new or modified pay item required to complete the work in accordance with the contract. the LPA will submit for ODOT approval a Change Order Review Process. making material substitutions. ODOT’s level of review will be a function of contract size. The DCE or designee will confer with the LPA Coordinator. etc. there will be a required ODOT review for any contract changes that are for the lesser of $25. complexity.. and changing specifications. not simple quantity adjustments. It is ODOT’s intent to only review contract changes of significance.000 or 5 percent of the total bid contract. the LPA’s experience prior construction contract administration experience and the LPA’s ability to fund the project should the cap be exceeded. or force account work. All significant change orders must be approved by the DCE or designee prior to the contractor performing the work. Changes in the work which were not originally delineated in the contract such as revised design considerations. When the LPA through its CPE is satisfied with the proposed change order. Contract changes that establish new items of work will receive more review than extensions of existing as bid work items. reimbursement maybe denied.

If all parties agree that a change order should be generated. The processing of change orders usually begins with the recognition of a need for a change order at the project level. Funding of change orders not approved or for which no remaining FHWA and/or State funds remain. The two types of pricing for extra work are usually Agreed Unit Price or Force Account Price. This method reimburses the contractor the actual costs of labor. funding may be permitted. equipment and materials incurred in the performance of the work including allowable overhead and Page 25 of 36 . consistent with specifications. but under the project capped amount. and Settlement of a dispute or claim resulting from any of the above reasons. within the scope and intent of the LPA agreement and approved by the DCE or designee. There is usually communication between the contractor and the CPE. Once the need to perform extra work on a project has been identified. a decision is made as to the type of change order that is needed. Suspension of Work. The agreed upon unit price should be a unit price already established in the contract or comparative pricing may be used. Agreed Unit Price is used when the extra work can be broken down into measurable units.Construction Contract Administration • • • • • • Payment adjustments due to contract provisions. If the change order is approved by ODOT and FHWA and /or State funds are available above current ODOT project encumbrances. Final measurements/calculations. The number of units necessary to perform the work is estimated and a unit price determined and agreed upon. Extensions of contract time may involve additional direct project overhead cost. The change order must provide sufficient explanation to ascertain that the work is necessary. a basis of payment for this work must be established. Note that the performance of extra work or additional quantities of work may warrant an extension of contract time. The CPE may reference ODOT’s website of average bid prices to assist with this effort. Quantity changes to meet field conditions. Plan errors. Force Account Price is used when the work cannot be broken into measurable units or when a unit price cannot be agreed upon. is the sole responsibility of the LPA.

Construction Contract Administration markup. The Blue Book for heavy Highway Equipment costs with the ODOT procedure for establishing appropriate equipment costs shall be utilized as per the 2002 ODOT C&MS.05. Section 109. The items that are necessary to record are shown below: C C C C C C Description of Work Contractor’s Work Force Employee Name Classification Hours Worked . equipment and materials used by the contractor to perform the work. The records required for force account pricing of extra work must accurately depict all labor. This method requires a significant amount of record keeping.Regular and Overtime Contractor Equipment < Type < Model < Age < Capacity < Hours Worked < Hours Idle C Materials < Description < Quantity C Invoices Page 26 of 36 .

Claims arise from both stated and implied terms. By requiring administrative reviews beginning at the project level. unless stated otherwise. Page 27 of 36 . The LPA’s Claims Management Process must meet the general framework and intent of ODOT’s Proposal Note 25. Resolution of all claims must be according to the project’s approved Claims Management Process and approved the DCE or designee if the resolution affects the contract completion date and/or increases project costs. The LPA’s Claims Management Process must be prepared and approved by ODOT prior to contract award. Preferably. The terms of the project between the LPA and the contractor exist in the contract. Issues of efficiency or other similar factors may arise that may impact unit costs when the quantities actually performed differ significantly from those shown in the plan. Likewise. There are certain terms that are not stated in the contract documents. construction contract claims have been reduced. Change orders must be prepared to make adjustments for any differences between contract quantities and the quantities actually performed. For these occurrences the quantity records shall be thorough enough to determine actual production rates and other such items. the Claims Management Process would be included in the LPA’s bid documents. a process for the fair hearing of a claim or dispute reduces a contractor’s risk and ultimately results in more competitive bids. Dispute Resolution and Claims Process.Construction Contract Administration Quantity Measurements The CPE shall record the measurements of the quantities of work in the units prescribed by the plan actually performed by the contractor. This proposal note has formalized a Claims Management Process at ODOT that requires progressive administrative reviews of a contractor’s claim prior to a filing in the Court of Claims. For instance there is an implied warranty that the plans and specifications are free from defects and. It is required that the LPA formalize a claims management process that includes progressive administrative reviews prior to formal legal action by the contractor or the LPA. that there will be safe and continuous access to all areas within the project’s boundaries. These are known as implied terms. CLAIMS The LPA is subject to claims by the contractor who performs the work. the specifications and the plans.

A single party to the venture cannot assert a claim. a subcontractor may not assert a claim against the LPA. and redesign. may be compensable. such as subcontractor delay. The contractor must prove entitlement. and unforeseen conditions. such as area-wide labor disputes. Non-excusable delays are always non-compensable. and delays. conflict between plans and specifications. re-mobilizing or changing manpower. in turn. transportation industry delays. If the project is being performed by a joint venture. there is no claim. then only the joint venture may assert a claim. such as lack of site access. allowable costs in calculating change orders. Each claim must have both of these elements. Likewise. interferences. unforeseen site conditions. These delays. then there is no claim. but may make a claim against the Prime contractor who. Mitigation might include resequencing. Delays require careful analysis to determine who is responsible. third party delays. Likewise. Certain types of disputes by their nature may result in a claim. reducing. Entitlement is the theory under which the contractor asserts the claim. Examples are work not shown on plans. Types Of Claims The contractor shall make a reasonable effort to mitigate damages. Claims may be due to plan discrepancies or omissions. Delays caused by the LPA. Damages are the cost impacts incurred by the contractor which are over and above normal costs and which are caused by the claim event. may assert a claim against the LPA for damages incurred by the subcontractor. entitlement and damages. Excusable delays may be either compensable or non-compensable. production longer than scheduled. Very often delays may occur from various sources at the same time. Delays that are unforeseeable and beyond the control of the contractor are excusable delays. fire and vandalism may be non-compensable. It should be demonstrated that the delay in question affected the overall project schedule and was a controlling operation with respect to project completion. These delays are known as Page 28 of 36 .Construction Contract Administration Who Can Make A Claim? The only entity that may assert a claim against the LPA is the legal contractor of record. floods. Elements Of A Claim Every claim has two distinct elements. If a contractor encounters a situation where there would be an entitlement but incurs no monetary impact. The contractor is entitled to recover the costs of mitigation. a contractor may state that he has incurred additional costs but cannot establish an entitlement. and equipment breakdowns are caused by the contractor or under his control. Delays caused by third parties outside the contractor’s control. quantity variations. late approval of shop drawing. The contractor must demonstrate that the delay was critical. late mobilization.

This notice requirement allows the LPA the opportunity to mitigate the claim situation and to begin to keep careful and specific records of the contractor’s activities. The contractor is entitled to plan and pursue the work in order to finish ahead of the contract completion date. < What does the contract plans and specifications say about it? < What do the contract documents say? < Determine the actual conditions giving rise to the claim. Proof Of Claim Proof of entitlement and proof that additional costs were incurred rests solely with the contractor. compensable or is there an issue of concurrent delay? < Was there actually an impact? Page 29 of 36 . What is the position of both sides on each issue? < Identify responsibility.02 of the Ohio Department of Transportation C& MS). Analyzing A Claim To analyze a claim the following steps should be taken: 1. The contractor should put the LPA through the CPE on notice of each instance where the contractor intends to file a claim (Section 104. < Identify each specific claim issue. Determine the element of Entitlement < Was the claim filed timely and was the LPA given the required notice? < Identify the contractor’s position. If delay related. the contractor may be entitled to impact costs. equipment and materials that are related to the claim. The LPA caused delay occurring at the same time as a contractor delay should result in a time extension but no recovery of costs. Both cases relieve the contractor from liquidated damages for the time in question.Construction Contract Administration concurrent delays. is it excusable vs non-excusable. The LPA caused compensable delay occurring at the same time as an excusable delay that is non-compensable should result in a time extension but no recovery of costs. manpower. If the LPA delays the contractor.

Termination by Default means the LPA can terminate the contract for the following reasons: • Contractor fails to commence his work within a reasonable time. then there is no claim. Termination for Convenience means the LPA can terminate the contract at anytime. If there is entitlement then continue on. Determine the element of Damages < Review the contractor’s cost < Compare with the LPA records < Analyze the damages Claim Avoidance The avoidance of claims is best affected by proper contract management practices. Page 30 of 36 . Pre-bid and Pre-con Meetings. 2. and Partnering. Prompt Resolution of Change Orders. Proper Scheduling. Prequalification of Contractors. TERMINATION There are two types of termination: Termination for Convenience and Termination by Default. The LPA can help prevent claims by practicing the following activities: < C C C C C Constructability Reviews. This usually occurs when project plans have huge errors or the project is severely affected by other projects or emergencies outside the control of the LPA.Construction Contract Administration At this point of the analysis if there is no entitlement.

a detailed inspection is necessary to determine the quantities of the various items of work performed. As such. This type of default requires a series of events to occur over a period of time. The use of a Daily Diary is a very critical aspect of this termination. fails or refuses to complete work. BILLING The CPE shall have the responsibility to make sure the contractor receives prompt payment for all completed and accepted items of work. this work and/or material will not be measured or paid for under any other item of work.30. The CPE is responsible for preparing documentation to support payment for work performed by the contractor by measurement of completed and accepted quantities of work. METHOD OF MEASUREMENT In determining the proper method of measurement for a particular item of work encountered on a project. For items of work not covered in the C&MS other sources can be utilized to determine the proper method of measurement. Termination by Default is not an immediate event. all of which must be documented by the LPA. These include items measured by weight.Construction Contract Administration • • • • Contractor does not perform with reasonable progress. The basis of payment for any item of work details that the unit bid price is full compensation for certain work and/or materials essential to that item. several sources of information exist. The payment should be made to the contractor within thirty (30) days of receiving the Contractor’s invoice after the completion of the work per the Ohio Revised Code Section 126. The documentation shall Page 31 of 36 . or Contractor goes out of business or files bankruptcy.01 provides general information for the determination of various units of measurement. Contractor improperly performs the work. Contractor abandons. area and volume. The CPE shall approve all invoices prior to payment and before requesting reimbursement by ODOT. but before payment is made. After an item of work is completed. the measurement of quantities and the recording for payment should be performed on a daily basis as the items of work are completed and accepted. To assure prompt payment. The ODOT Construction and Material Specifications Manual (C&MS) Section 109.

. The final inspection team shall include the CPE. Final Inspection When work on a project has been completed to the satisfaction of the CPE. determination of and agreement on the final value of the contract. It is the responsibility of the CPE to do any necessary follow up to assure that the contractor completes the punch list work in a timely manner. weight tickets. the CM. The CPE shall provide the Punch List to the contractor in writing along with specified time frame or specified date for completion of the prescribed work. This process ultimately leads to the final payment and release of the contractor from further responsibility for the project. Upon completion of all physical work. Page 32 of 36 .us. the CPE shall forward to the DCE or designee the LPA’s written acceptance and final project certification.oh. Subpart B. calculations. including Punch List work. railroads and other ODOT and LPA representatives as required. The LPA can access project specific payment information made by ODOT through accessing ODOT’s website at www. the contractor and representatives of other agencies. PROJECT CLOSEOUT After the completion of the physical work. Determination Of Final Contract Value A key element of the project closeout is the determination of the final dollar value of the construction project. and that the work was done in close conformity to the plans and specifications. This process includes gaining acceptance of the project from all participating agencies. (Directions are located at the end of the chapter. and the completion of all remaining contract requirements.Construction Contract Administration provide validation that the quantity for payment has been determined in accordance with contract requirements with necessary measurements. etc.dot. The District’s Final Inspector will then complete the Report of Final Inspection (C-85). a final inspection is conducted. utilities. The team should determine the need for any corrective or additional work and create the Punch List detailing this work. it is time to closeout the project.) This information can also aid the LPA in audit reporting under Office of Management and Budget (OMB) Circular A-133.state. This is accomplished by determining the final number of units to be paid for each item of the contract and by processing all necessary change orders including a final change order and/or another document noting agreement by all parties to the final contract value. It is required that ODOT lead and perform the Final Inspection in accordance with Policy 27-001(P) and Standard Procedure 510-007(SP).

The CPE shall review the project testing and acceptance records to ensure that sufficient materials are approved for the final quantity for every contract item. final project certification may proceed. Final Inspection Report (C-85). Final Material Acceptance All materials incorporated into construction projects must be approved by the CPE for use. Resolution of material deficiencies are the responsibility of the CPE. a list of approved final quantities is prepared and is forwarded to the contractor for concurrence. Once submitted. the final package is audited and approved for payment. Final Payment And Release The final report shall be certified by the CPE stating that the project was developed and delivered in compliance with the terms. Once the work is completed for the project an audit should be performed to ensure that sufficient quantities of materials have been approved for each reported final quantity. Once the CPE has resolved all material deficiency issues. Waiver of Liens. this is accomplished progressively as the items are completed during the course of construction of the project. Once the physical work has been completed for the project. Page 33 of 36 . Affidavit as to Non-Specification Materials (when applicable). Once agreement with final quantities has been obtained a final change order and/or other document is prepared to make any necessary adjustments between the final and original contract quantities and signify agreement by all parties to the final quantities and value.Construction Contract Administration Prepare And Audit Contract Quantities The CPE is responsible for determining and preparing support documentation for the final quantity to be paid for every item of work contained in the construction contract. conditions and requirements of the project agreement with his/her Professional Engineer’s seal and signature. the CPE shall audit all project records. Upon completion of the audit. Certification of Payroll Affidavit. the quantities are reported for testing purposes. Ideally. Items that should be provided in the final report are as followed: C C C C C C Final invoice which reconciles payment to final quantities. As the final quantity audit is being performed and final quantities are approved. Receiving ticket for Salvaged Materials (when applicable).

Details pertinent to instituting an MQS are available from the Office of Maintenance Administration. If you would like further details on any of the topics discussed in this chapter. and Affidavit of Subcontractor Payment. please refer to Page 34 of 36 . the LPA shall be notified of deficiencies and if the maintenance deficiencies are not corrected the LPA will be ineligible for future participation in the local-let process.Construction Contract Administration C C FHWA Form 47. A Maintenance Quality Survey (MQS) or similar process is recommended to ensure the integrity of the maintenance program for this project. The LPA shall issue final payment and release the contractor from further responsibility. unless otherwise agreed. If the project is not being adequately maintained. Ohio Department of Transportation. The LPA is responsible to maintain the project to design standards after completion. MAINTENANCE After completion of the project and in accordance with 23 United States Code (USC) 116 and applicable provisions of the Ohio Revised Code. the LPA shall provide adequate maintenance activities for the project.

Manuals of Procedures.Construction Contract Administration the ODOT C&MS. Policies and Standard Procedures. Page 35 of 36 .

Construction Contract Administration REFERENCES 23.Minority Manpower Utilization Goals Payroll. Form WH-347 Local-let Summary & Payable Invoice with Guidance Directions for Accessing LPA Payment Information Report of Final Inspection. C-85 ODOT LPA Final Report Affidavit of Compliance (Certification of Payroll Affidavit) Affidavit of Subcontractor Payment Page 36 of 36 . 41 and 49 Code of Federal Regulations Title VI of the 1964 Civil Rights Act Governor’s Executive Order 11-30-84 ODOT Consultant Contract Administration Manual ODOT Construction and Material Specifications Manual (C&MS) ODOT Sampling and Testing Program Manual Related ODOT Policies. Standard Procedures. Manuals of Procedures and Proposal Notes APPENDIX Sample Pre-Construction Meeting Agenda with Notification Letter Federal Equal Employment Opportunity Goals Ohio EEO Bid Conditions .

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