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Manual Notice: 2020-1

From: Gina E. Gallegos, P. E., Director, Construction Division

Manual: Construction Contract Administration Manual (CCAM)

Effective Date: April 27, 2020

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Purpose

The Construction Contract Administration Manual has been updated to comply with administrative rule changes, update business practices, and provide clarification for new and existing practices.

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Contents

Chapter 1, “Introduction”

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  • Section 2, “Manual Description”
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    • Updated the general information to say a signature from an authorized signer is required for any crucial project changes and preferred for notifications.

Chapter 2, “Pre-Award Activities”

Chapter 3, “Post-Award Activities”

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  • Section 4, “Preconstruction Conference”
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    • Changed heading and all wording that says, “Preconstruction Conference” to “Preconstruction Meeting”
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    • Clarified FHWA may not participate in time extensions for utility delays.
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    • Added notify the contractor of the DRP under Traffic Control
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    • Add statement about referring to the Work Zone Safety and Mobility Guideline, section 10 for information about temporary traffic control for construction.
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    • Added use of commercial labs for material.
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    • Added discussion of Buy America to Materials
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    • Added DMS requirements for Subcontractors
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    • Added confirm all payment by DMS tracked subs under DBE/SBE
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    • Added topic of CUF requirements to preconstruction meeting.
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    • Added post award Good Faith Efforts are evaluated at the District level.
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    • Added note to discuss roadway closure procedures for seal coat preconstruction.

Chapter 4, “Project Records and Closeout”

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  • Section 1, “Importance of Accurate Record”
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    • Added Diversity Manual System to e.g. of maintaining adequate software programs and hardware dependency documentation.
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  • Section 3, “Traffic Control Plan”
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    • Referred to ATSSA Quality Guidelines
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    • Clarified Pedestrian pathways or detours must be at accessible in accordance with ADA standards and as outlined in the TMUTCD. Temporary signs and other devices should not block pathways intended for pedestrian use.
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    • Added statement about Form 599 may be filled electronically and not to be saved or distribute electronic versions.
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    • Removed statement regarding FHWA withholding payment for releasing form 599.
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    • Clarified the Department must approve TCP changes.
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    • Added new section for law enforcement usage
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  • Section 4, “Project Records”
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  • Section 5, “Project Closeout”
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    • Added DBE/SBE monthly, DBE purchase orders, Goal shortfall explanations and final payment report to the project closeout checklist requirements
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    • Added Construction Stage Gate Checklist and any other required environmental commitment documentation.
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    • Added Statement of Cost to the checklist
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    • Added Form 2235 to the checklist

Chapter 5, “Control of the Work”

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  • Section 2, “Work Documents”
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  • Section 4, “Prime Contractor Performance Evaluation”
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    • Deleted entire information under this section and added “Refer to the Prime Contractor Performance Evaluations Manual for more information or contact Maintenance/Construction Division”.

Chapter 6, “Control of Materials”

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  • Section 1, “Materials”
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    • Added statement about referring to the FHWA PSL quick guide for contractors responsibilities.
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    • Updated all the hyperlinks
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    • Added stockpiling aggregates must be environmentally cleared and store materials to prevent an impact to the environment.
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    • Stated delivery fees and purchasing excess materials must be non-participating.
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    • Removed requirement to have two non-participating change orders.
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  • Section 2, “Material Testing”
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    • Clarified the sampling and testing of material procedures
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    • Updated the actions and responsibilities for tests
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    • Clarified: Project Acceptance test performed by contractor must still be validated by independent verification sampling and testing by TxDOT
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    • Clarified to refer to section 6 and 7 of the Quality Assurance Program for Design Bid Build Projects.
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    • Stated to ensure SiteManager is updated with all acceptance testing. Added material producer list (MPL) and quality monitoring program to the table and of actions and responsibility for tests.
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    • Added acceptance of failing materials must be documented under exceptions under the Material Certification Letter.
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    • Stated to Ensure to keep SiteManager updated with all acceptance and Sampling and Testing requirements.

Chapter 7, “Changes to the Contract”

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  • Section 1, “Change Orders”
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    • Stated to determine the need for environmental review, re-evaluation, and approval as required.
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    • Added note to contact DEQC if drainage affected conveys waters of the US
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    • Added all CO's should be signed and sealed by the Area Engineer at minimum.
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    • Removed settlement agreement requirement for termination
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    • Changed may to shall on when to use unique bid code.
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    • To item 10 added, “Signature must follow District, Construction Division, an Executive Director signature authority found on Contract Services webpage.”
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    • Added link to the Standard Operating Procedure 01-19 for Form 1295
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  • Section 2, “Change Order Approval Authority”
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    • Added Signatures must follow Signature Authority as established by the Executive Director, Construction Division Director, and District Engineer as found on the Contract Services webpage.
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    • Deleted for “State -Funded Projects Only” in Extending or Adding Limits to the Contract.
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    • Added “along with necessary updates to meet environmental clearance” when adding limits.
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  • Section 3, “Force Account and Interim Adjustments to the Contract”
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  • Section 4, “Supplemental Agreements”
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    • Added CST will ensure proposed new contractor is prequalified and has the necessary bidding capacity to have the contract re-assigned.

Chapter 9, “Legal Relations and Responsibilities”

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  • Section 2, “Employees Responsibilities”
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    • Added statement about coordinating with PIO to provide announcements for upcoming traffic
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    • Clarified deficiencies need to be corrected in accordance with priority 1 and priority 2 deficiencies requirements.

Chapter 10, “Prosecution and Progress”

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  • Section 2, “Project Schedules”
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  • Section 3, “Subcontracting”
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    • Added clarification on the Unified Certification Program (TUCP) print out shown, DBE or SBE certification. Clarified the date of the print out shown in the header and footer. The TUCP is a best practice for all DBEs both race conscious and race neutral.
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    • Added for federally funded projects in DMS, the contractor must request to add a subcontractor in DMS.
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    • Clarified Race conscious DBE participation (DBE on an approved commitment agreement form or utilization plan) and Race Neutral DBE participation
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    • Race conscious DBE subcontract work items must match the work items in the executed commitment agreements.
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    • Added for approved DBE, subcontractor must equal or exceed committed amounts and contain same work items.
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    • Clarified DBEs must self-perform 30% of the work in order to perform a CUF.
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    • Clarified commitment agreement form use.
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    • Clarified DBE requirements
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    • Added CIV DBE Manual Links
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    • Clarified the use of Form 4903 and 4902 for projects not in DMS.
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  • Section 8, “Default of Contract”
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    • Clarified the 10-day letter should be signed by the Area Engineer at minimum.
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    • Clarified when work suspension becomes excessive the contractor may be defaulted through the default process.

Chapter 11, “Measurement and Payment”

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  • Section 2, “Issues Affecting Payments”
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    • Clarified periodic field measurements and calculations.
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    • Information added for prefabricated structural materials with the test method TXTRST that are stored at approved sites run the Material Verification Report (CIS26) for verification and approval.
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    • Clarified when a notice for negative payment is required.
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  • Section 3, “Prompt Payment Audit”
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    • Added prompt pay is required for both state and federally funded projects.
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    • Clarify that Form 2177 is for all projects
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    • Added Area Office must review in DMS when a subcontractor indicates they are not paid promptly and address any payment discrepancies.
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    • Clarified the prompt payment quarter will be based on a calendar year basis starting January 1st as per FHWA recommendation.
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    • Added table whom to audit for prompt payment on different type of projects.

Chapter 12, “Environment”

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  • Section 1, “Hazard Materials or Waste”
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    • Clarified field material containing debris so that examples are found under the PSL section 5
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    • Stated to suspended work immediately in impacted area.
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  • Section 3, “Water Resources”
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    • Modified Contractor involvement with Project Specific Locations.
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    • Clarified measures for compliance for work performed in: Waters of the United States (Section 404); Navigable Waters of the US (Section 10); Navigable Waterways (Section 9); and Edwards Aquifer (EAPP).Added measures for compliance for work in Coastal Counties.
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  • Section 4, “Cultural Resources”

Chapter 13, “Health and Safety”

Chapter 14, “Business Opportunity Programs”

Chapter 15, “Contractor Workforce”

Chapter 16, “FHWA Oversight Requirements”

Chapter 17, “Forms and Documents”

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Supersedes

The 2019 Construction Contract Administration manual is superseded.

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Contact

For any questions or assistance please contact 512-416-2512.

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Archives

Past manual notices are available in a PDF archive.

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