Workshop An ODOT Certification User Group / APWA Workshop April 3, - - PowerPoint PPT Presentation

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Workshop An ODOT Certification User Group / APWA Workshop April 3, - - PowerPoint PPT Presentation

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2018 ODOT / APWA Spe c ific a tions Workshop An ODOT Certification User Group / APWA Workshop April 3, 8:30-12:00 Eugene Hilton 99 East 6th Ave., Eugene , Oregon 1 Ove r vie w: 1. 2018 LPA General Conditions Template & Process Update

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2018 ODOT / APWA Spe c ific a tions Workshop

An ODOT Certification User Group / APWA Workshop April 3, 8:30-12:00 Eugene Hilton 99 East 6th Ave., Eugene , Oregon

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Ove r vie w:

1. 2018 LPA General Conditions Template & Process Update

  • An overview of CPO Bulletin 101_22

2. Key Template Changes: How & Why

  • High level discussion of key revisions & Other Helpful Information
  • A deeper dive on LDs & Materials Testing

3. Submittal preparation process

  • General Conditions (100s) Checklist
  • Bid book / Contract Provisions Checklist

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Certification Program Office Bulletin 101_22: 2018 LPA General Conditions Template & Process Update An overview

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2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview

Applies to

 Certified LPAs  ODOT sub-recipients for FHWA federal-aid projects

Purpose of review

  • ODOT reviews Certified LPA general conditions, bid book,

and contract templates for compliance with FHWA requirements.

  • Oregon DOJ represents and advises ODOT, and their

review is solely on behalf of ODOT.

http://www.oregon.gov/ODOT/LocalGov/Documents/CertificationBulletin-101-22.pdf

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2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview

Se c t. 1 Bac kgr

  • und
  • The 2018 LPA General Conditions template has been

updated to align with the 2018 Oregon Standards.

  • Updates were developed in consultation with the CUG

Standards Subcommittee.

Se c t. 2 Due Date (s) for Ce r tifie d L PAs

 PS&E project submittals after June 30, 2018*  Any project first advertised after Sept. 30, 2018

*unless otherwise approved by the ODOT Certification Program Office

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2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview

Se c . 3 T e mplate & Re late d Doc ume nts

  • 2018 LPA General Conditions Checklist & Comment Tracking Log
  • 2018 LPA General Conditions Template
  • 2018-2015 LPA General Conditions Comparison
  • Sample Contract for Certified LPAs
  • Sample Performance & Payment Bonds for Certified LPAs
  • Sample Project Wages Rates for Certified LPAs

http://www.oregon.gov/ODOT/LocalGov/Pages/Certification-Guidance-Forms.aspx

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2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview

Se c . 4 Pre pa ra tion & Submitta l Proc e ss

 Differs based on whether Certified LPA’s GCs have been reviewed and approved in last 3 years  Show track changes – a comparison between 2018 GC template and proposed LPA provisions  Ensure internal consistency between LPA’s GCs and bid book/contract templates  Use comment tracking checklists (100s & LPA bid book/contract templates) – see ODOT instructions and provide LPA notes  Review with Certified LPA’s legal counsel  Certify instructions followed and legal review completed  Submit all documents to ODOTCertification@odot.state.or.us in time to meet applicable due date based on prior approval status

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2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview

  • Sect. 4 (e) Approvals

Certified LPAs without prior ODOT-approved documents (within last 3 years)  2018 general conditions and related documents must be ODOT-approved prior to use on federal- aid projects  Allow 60-90 days review  Meet or conference call as needed to facilitate resolution of issues Certified LPAs with prior ODOT-approved documents (within last 3 years)  Follow the bulletin update process and instructions in the template and comment tracking checklists  Certify all documents are prepared according to ODOT instructions and have been reviewed by the Certified LPA’s legal counsel  May begin immediate use of the updated 2018 general conditions and related documents while ODOT’s review and approval are pending*

* Note: The Certified LPA will be responsible for any federally non-participating costs as a result of any legally impermissible or otherwise unacceptable provisions.

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2018 LPA General Conditions Key Template Changes: How & Why

  • A high level (but somewhat lengthy) discussion of key

revisions & other helpful information

  • A deeper dive on Liquidated Damages & Materials Testing

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Overall Approach

 Address 80-90% of Certified LPA needs on federal-aid projects  More closely align with Oregon Standard Specifications for Construction  Include updates to federal and state law requirements since last template update  Incorporate ODOT revisions due to lessons learned (industry issues, claims, etc.)  Allow exceptions for Certified LPAs on a case-by-case basis 2018 General Conditions for Construction for Certified LPAs Updates

Key Template Changes: How & Why

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Housekeeping – typo corrections, word choice, case changes, punctuation style, compound word phrasing, etc. Instructions – more and more-detailed, particularly on:

 Scope of use: Certified LPAs for use as sub-recipient on FHWA federal-aid projects  Guidance references: Link to FHWA Contract Admin. Core Curriculum Manual  Sample provisions: PWR, contract, bonds, etc.  Title: Clarifies how to title LPA GCs and the need to be consistent!  Website citations: Explains addition of new subsection 00110.05(e) & related BPSP  Bidding Requirements: Clarifies what (and how) to include LPA provisions in 00120  Order of Precedence: CCOs, Addenda & Special Provisions need to control over standards and other contract documents listed in 00150.10(a)  Materials Acceptance and Testing: Clarifies options for LPAs in 00165  Liquidated Damages: Clarifies 00180.85 rates need to be based on LPA est. costs  Steel Escalation/De-Escalation: Clarifies 00195.12 is state requirement/LPA option  Claims Procedures: Clarifies how to approach LPA-specific modifications to 00199

2018 General Conditions for Construction for Certified LPAs Updates

Key Template Changes: How & Why

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2018 General Conditions for Construction for Certified LPAs Updates

Key Template Changes: How & Why

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  • visions & “Ne e de d” Re visions

 3D Models: 00110.20, 00140.00, 00140.30, 00150.10, 00150.35

  • Needed. Establishes process for managing contractor-developed 3D

construction models and working drawings, even if agency doesn’t do 3D Engineering.

 Examination of Work Site & Solicitation Doc., etc.: 00120.15

  • Revised to be consistent with Oregon Standards. LPA option to

retain prior language.

 Proprietary Products (State Law): 00120.16, 00160.05, 00180.31

  • Required. Updated to comply with ORS 279C.345 regarding

specifying use products by brand name or mark, unless exempted by the director of DAS or ODOT.

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2018 General Conditions for Construction for Certified LPAs Updates

Key Template Changes: How & Why

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  • visions & “Ne e de d” Re visions

 Conflict of Interest: 00120.40

  • Required, but options to adopt ODOT’s Conflict of Interest

Guidelines or specify LPA guidelines.

 Order of Precedence: 00150.10

  • Needed. Moved permit requirements into “other contract

documents”. Added clarifying instructions to address repeat issues with earlier Certified LPA submittals.

 Utilities Coordination: 00150.50

  • Needed to address notification and delay requirements. Make sure

companion BPSPs are being used! Caution on “no damages for delay.”

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2018 General Conditions for Construction for Certified LPAs Updates

Key Template Changes: How & Why

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  • visions & “Ne e de d” Re visions

 Theft/Vandalism: 00170.80

  • Recommended to be consistent with the Oregon Standards limits.

 Indemnity/hold harmless provision: 00170.72

  • Needed updates to add standard limitation provisions to better align

with other standard contract provisions. Gives agency greater control over contractor’s defense of the agency.

 Change Orders: 00195.20, 196.20, 197.00, .01, .20, .30

  • Needed updates to better align with the Oregon Standards and

internal consistency between provisions.

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2018 General Conditions for Construction for Certified LPAs Updates

Other Helpful Information – Day Defined

Days for days and more days! – 00110.20

– Defined terms in the Certified LPA Template: Calendar Day, Day, Work Day

  • r Working Day

– What’s the difference?

ODOT’s approach to use & why

– ODOT does not use this approach – Adds layer of complication to scheduling (and confusion!) – Opens the door to contractors challenging contract time and LDs.

Take away:

– Anytime “work day” or “working day” is used, it shrinks the work week. – Recommendation: not to use the term work/working day.

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2018 General Conditions for Construction for Certified LPAs Updates

Other Helpful Information - CCOs

“Change Orders” Four types of “Work”

  • Contract Work-Original bid item work or added CCO work
  • Changed Work-CCO accounts for cost of portion changed only
  • Extra Work-not envisioned by original contract-two options
  • negotiate cost and add with CCO
  • pay with EWO, cost of work per Force Account
  • Work by public forces, utilities, railroads, paid with project

funds authorize with SFO

Three types of “Orders”

  • Contract Change Order (CCO)
  • Extra Work Order (EWO)
  • Force Order (SFO)
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2018 General Conditions for Construction for Certified LPAs Updates

Other Helpful Information - CCOs

General Guidelines for “Change Orders” 1 At ODOT, Project Manager must obtain proper approval before ordering the work to

  • start. May obtain telephone approval for urgent situations. Who has approval

authority? ($ authority, engineering concurrence, statewide consistency, etc.) 2 For changed work, calculate and assess a fair and equitable adjustment before the work starts if unable to negotiate an agreed value. 3 Only Extra Work can be paid on a Force Account basis. 4 Complete and include a Work or Change Order Supporting Data form with each order. 5 Each “change order” must be processed through the Construction Section before payment can be included on the progress estimate. 6 Change orders should address full cost and time impacts of the change. Always address time on the change order. 7 If the Contractor is not paid timely, the Agency must pay late payment interest to the Contractor.

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2018 General Conditions for Construction for Certified LPAs Updates

Certified LPAs and Liquidated Damages 00180.85 A Deeper Dive

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Liquidated Damages

  • Guidance
  • FHWA CACC Manual (2014), Page 161
  • 23 CFR 635.127
  • Applies to all federal aid highway projects
  • Key Provisions
  • Each CLPA develops and maintains its own LD rates
  • Review and adjust every 2 years (or more frequently)
  • Rate schedule or project-specific rates
  • CLPA’s LD rates subject to FHWA approval
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Liquidated Damages

  • Guidance
  • FHWA CACC Manual (2014), Page 161
  • 23 CFR 635.127
  • Applies to all federal aid highway projects
  • Key Provisions
  • Each CLPA develops and maintains its own LD rates
  • Review and adjust every 2 years (or more frequently)
  • Rate schedule or project-specific rates
  • CLPA’s LD rates subject to FHWA approval
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Liquidated Damages

  • What’s Included?

– CLPA’s actual daily contract admin costs attributable to contract time

  • verrun
  • Engineering
  • Inspection
  • Supervision
  • Some indirect costs
  • Road User costs
  • What’s Excluded?
  • Business impact costs
  • Costs not attributable to contract time overrun (i.e.

penalties)

  • Any costs included in an Incentive/Disincentive clause
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ODOT Example

  • Basis for LDs rate calculation

–PD-08 Construction Leadership Team Guidelines for Construction Engineering (CE) Budgets

  • ODOT uses a programmatic approach

–LD rates differ by project type

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ODOT Example

Formula

Contractor’s Total Bid $ = Contractor’s original total bid amount. % CE + 7.41% is the contract administration factor Contract Administration Factor = Highway Division’s direct + indirect cost rates

  • 15% for ODOT preservation projects
  • 21.2% for ODOT non-preservation projects

Contract Time for LDs = No. of Calendar Days from Bid Opening date to latest Specified Completion Date in the Special Provisions. Contracts with multiple completion dates:

  • LD rates for interim completion dates = Daily Rate of LDs x % of Value of Work (per

agency estimate) due by that date.

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Marion County Example

  • “Project-specific” methodology
  • Applicable to

– Federal aid highway projects – $1M to $3M construction cost

  • Reflects inspection by county staff
  • Very large or complex project, or consultant

inspection may require it’s own project-specific calculation

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Marion County Example

Cost Category Average Daily Hours MC Billing Rate Total Costs Labor Inspection 8.6 $ 54.90 $ 472.14 Engineering 1.4 $ 75.60 $ 105.84 Project Management 0.3 $ 86.76 $ 26.03 Administration 1.4 $ 47.70 $ 66.78 Equipment Vehicle 1 Day $ 26.00 $ 26.00 Subtotal $ 696.79 Allocated OH 8.7654% $ 61.08 Total $ 757.86

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2018 General Conditions for Construction for Certified LPAs Updates

Certified LPAs and Materials Testing & Acceptance Section 00165 A Deeper Dive

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2018 General Conditions for Construction for Certified LPAs Updates

Materials Testing 00165: A Deeper Dive

Background

Since the LPA General Conditions Template was first developed (2011-13 timeframe), sections 00744 and 00745 of the Oregon Standards have been modified to address the differing materials acceptance needs between LPAs and ODOT.

  • Revised 00744 and 00745 were published in the 2015 Oregon Standards
  • 00744 Asphalt Concrete Pavement – does not require statistical acceptance).

This was developed for use by LPAs.

  • 00745 Asphalt Concrete Pavement – Statistical Acceptance - requires statistical

acceptance)

With these changes ODOT and the CUG Standards Subcommittee determined the template instructions to 00165.40 and .50 no longer met the needs of 80-90% of LPAs. Some LPAs were deleting provisions that are needed to follow the MFTP referenced in their quality assurance programs.

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2018 General Conditions for Construction for Certified LPAs Updates

Materials Testing 00165: A Deeper Dive

Problem with old 00165.40 and .50 template instructions:

  • ODOT MFTP refers to statistical analysis for purposes of acceptance of materials.
  • Eliminating the statistical table from this section introduces numerous conflicts

in the technical specifications that aren’t fully eliminated by modifying the MFTP section 2.

  • In reviewing 100s with Certified LPAs, only two agencies have adopted a

modified MFTP. Solution:

  • Revised template instruction at 00165.40 and .50 to provide only one
  • ption for the statistical analysis provisions.
  • Certified LPAs that use another approach may still be approved to use

modified provisions provided the agency has:

(1) An amended MFTP (sections 2 and 5); (2) Appropriate boilerplate special provisions; and (3) A description of these differences in the agency’s approved quality program plan.

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Material Testing/MFTP Compliance

  • Marion County Strategy
  • Use ODOT’s MFTP
  • Quality program references ODOT QC/QA processes
  • Utilize a few simple spec changes
  • Use same GC/SP for fed aid and county projects
  • Key Provisions
  • 00165.40(d) – Set Composite Pay Factor = 1.00
  • 00165.50 – Modify sublot size (typically 500 ton or less)
  • Use 00744 and small quantity acceptance procedures
  • ODOT Commercial Sources
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Material Testing/MFTP Compliance

  • Key Considerations
  • You need a certified QCCS
  • You need diligent ODOT-certified inspectors
  • Work with your RAS
  • Make sure your local suppliers can deliver
  • MFTP training
  • Commitment to MFTP program
  • Know where you can get help
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Submittal Preparation Process

Preparing your Certified LPA’s general conditions and related bid and contract documents for ODOT & DOJ review. We’ve got instructions and tracking tools to help!

  • General Conditions (100s) Checklist
  • Bid book / Contract Provisions Checklist

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Why follow ODOT’s instructions and submittal process?

ODOT and the CUG Standards Subcommittee developed this process to increase efficiency and cut down on review timelines. For the process to work, Certified LPAs need to:

 Carefully review the templates and instructions as they prepare their GCs and related documents.  Certify the instructions have been followed and that the  Certify the agency’s general conditions and related documents have been reviewed by the Certified LPA’s legal counsel. This is intended to balance efficiency with mitigating risk.  Submit all required documents, including a completed set of checklists and certification statements.  ODOT Certification Program Office will briefly review for completeness of the submittal.  ODOT will not review incomplete submittals. Incomplete submittals do not meet CPO Bulletin 101_22 requirements.

Submittal Preparation Process

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Tools to Help!

Handouts: Marked up with tips and model answers

  • 100s Checklist
  • Bid Book & Contract Checklist

Template & Related Documents:

  • 2018 LPA General Conditions Checklist & Comment Tracking Log
  • 2018 LPA General Conditions Template
  • 2018-2015 LPA General Conditions Comparison
  • Sample Contract for Certified LPAs
  • Sample Performance & Payment Bonds for Certified LPAs
  • Sample Project Wages Rates for Certified LPAs

Submittal Preparation Process

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Review instructions in template & tracking log Update GCs & related bid/contract documents Certify updated per instructions & reviewed w/ CLPA legal counsel Submit to ODOT Certification. Allow 60-90 days for review. Prior approved CLPAs OK to use documents while review is pending. Reminder! Certified LPA Due Dates: PS&E submittals after 06/30/18; Projects first advertised after 09/30/18

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Submittal Preparation Process

Recap

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Contacts & Helpful Information

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Submittal mailbox & General Inquiries:

 ODOTCertification@odot.state.or.us

Amber Garrett

Certification Coordinator

Amber.J.Garrett@odot.state.or.us

503-986-4258

Dan Anderson

Senior Specifications Engineer

Daniel.A.Anderson.@odot.state.or.us

503-986-2779

Tiffany Hamilton

Certification Program Manager & CUG Standards Subcommittee Co-Lead

Tiffany.Hamilton@odot.state.or.us

503-986-3649

Brian Nicholas

CUG Standards Subcommittee Co-Lead

B.Nicholas@co.marion.or.us

503-365-3112