Construction Contract Administration Manual: Preconstruction Meeting

Section 4: Preconstruction Meeting

Purpose of the Preconstruction Meeting

At the preconstruction meeting, Department personnel and contractor's staff become acquainted; establish lines of authority and communication; determine the responsibilities and duties of contractor's personnel, subcontractors, and Department personnel; clarify potential sources of misunderstanding; and work out the detailed arrangements necessary for the successful completion of the contract. Maintain a written record of the meeting (e.g., meeting minutes) in the contract file, together with any required documentation provided to resource agencies. An Engineer must run the meeting. It is best to avoid reading from a script.

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Preconstruction Meeting Responsibilities and Attendees

Conduct a preconstruction meeting with the contractor after the Texas Transportation Commission has awarded the contract, the contract has been executed, a work order has been issued, and prior to commencement of construction operations.

Ensure meeting attendees include:

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appropriate representatives from the district and area offices,

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the contractor’s organization,

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Contractor Responsible Person for Environmental,

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subcontractors,

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news media (as required),

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utility companies (as required),

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emergency entities such as hospitals or fire departments (as required),

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local governmental entities (as required),

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local law officers (as required),

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resource agencies (as required) [Some projects with conditional permits require resource agency notification.],

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designated Federal Highway Administration (FHWA) Area Engineer, if the project is identified as a Project of Division Interest (PoDI), and

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Designated U.S. Department of Labor representative for the region, if the project is federally funded.

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Preconstruction Meeting Topics

Prepare a preconstruction meeting agenda to discuss specific items. The following table is a list of discussion topics. Tailor the agenda to the specific project to ensure important topics are discussed with appropriate detail.

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Agenda Item	Requirements/Discussion/Comments
Introduction	Staff introductions Purpose of meeting Review of contract — location, type, size, special problems or designs, right of way (ROW) and utilities Number of work days Material and source approval Identify any local entity agreements and local entity's role Other topics as appropriate
Identity of Representatives	Identify the contractor’s representatives, subcontractors, engineer, law enforcement agencies, utility companies, and other relevant parties giving name, address, and phone number.
Contractor’s Work Plan	Start date Completion date Holidays, tax holidays or other days the highway may not be closed Major phases of the contract Detailed progress schedule outlining the manner of prosecution of work intended to complete work in the allotted time Revisions Work plans Criteria on working day charges and temporary suspension of work Notify the area engineer (AE) at least 24 hr. before beginning work in any new operation. Field office and/or lab Special traffic problems Present the subcontractors proposed for the project and the work they will perform (DBEs discussed below) Railroad insurance, if required in the contract
Construction Requirements	Usual requirements: Water truck weight Roller qualifications Truck measurements Asphalt distributor calibration Truck weight limit Copies of papers accompanying material delivered to the project Special requirements — discussion of pertinent items Preparing ROW Staking Earthwork Base Pavement Structures Miscellaneous
Utility Adjustments	All utilities should be clear before the letting date; however, if plans include a date when the utilities are to be clear, adhere to that date. If utilities are not clear by the given date, it may be necessary to amend the contract to allow additional work days. FHWA may not participate in time extension. The contractor should not damage utilities located within the right of way.
Environmental	Inform contractor of securing proper environmental/archeological clearances pertaining to Project Specific Locations. Refer to the FHWA Project Specific Location (PSL) Quick Guide for contractor responsibilities. Transmit to the contractor information about any environmental commitments that apply to the project. Review the contractor’s implementation of the Storm Water Pollution Prevention Plan (SWP3). Pay attention to areas of earth susceptible to erosion, haul road and material pits, contamination of streams and lakes, and damage to adjacent property, etc. Review mitigation requirements for the contract. Construction Stage Gate Checklist (CSGC) joint inspection Designate TxDOT Responsible Person and Contractor Responsible Person (CRPE) responsible for conducting joint inspection and provide contact information. Define inspection frequency for guidance. Review the CSGC Instructions. Determine if there are possible conflicts between the contractor’s work schedule and the SWP3. Discuss environmentally sensitive areas (such as, wetlands, archeological finds, endangered species, etc.) The Department and the contractor are Co-Permittees for TPDES TXR150000, Construction General Permit. (Reference Special Provisions 506-004 and 007-004.)
Traffic Control *	Review plans, standards, and specifications. Discuss signs, barricades and lights: inspection and reports (Form 599), repair and compliance, special conditions and detours. Discuss speed zones. Discuss flagging procedures. All applicable certifications must be submitted. Explain the Traffic Control Plan (TCP) and its sequence during the course of the contract. Determine the contractor’s plans for implementing the TCP. Discuss any contractor proposed alternate TCP. Stress to the contractor that deficiencies noted during construction must be corrected as soon as possible. Ensure the contractor provides the scheduled sequence of work to the respective utility owners. Request a letter designating contractor’s responsible person (CRP) and notify the contractor of the department responsible person (DRP).
For more information on temporary traffic control for construction areas, reference the Compliant Work Zone Traffic Control Device List. For more information on construction speed zones, refer to the Procedures for Establishing Speed Zones* volume of the Traffic Operations manual collection and the Work Zone Safety and Mobility Guidelines, section 10.
Traffic Laws	Contractor and Departmental personnel must be aware of the Texas traffic laws regarding the legal limit of axle load (legal weights) for trucks hauling materials to the site. Copies of the law can be obtained from the Texas Department of Public Safety.
Materials	Request a letter designating sources of all materials proposed for use Certification requirements Testing requirements Quality Control/Quality Assurance (QC/QA) Storage of materials Inspecting and testing Use of Commercial Labs Buy America Requirements
Storage of Equipment and Materials	Review specifications-especially the need to keep the travel way clear.
Law Enforcement	The responsibility of the AE is to guarantee that open lines of communication have been established between contractor and law enforcement. Discuss the use of law enforcement personnel on the project, if needed. The AE should ensure that specific needs for traffic supervision will be met. The interested parties must determine exactly how they will share traffic-related information (accidents, safety hazards, etc.). If the project requires TxDOT to set up the law enforcement, use the carbon copy format Form 318.
News Media	Develop a plan for educating the public about construction activities through media announcements.
Safety Issues**	Ask the contractor to answer the following questions. (This may be incorporated into the preconstruction safety meeting.) Does the contractor have a defined safety program? List the goals and people responsible, a letter designating a safety officer, minutes of the safety meeting, issue resolution, etc. How does the contractor’s management support the safety program? Does the contractor’s safety program include discussion with employees to promote safe conditions and practices in their work? How are the job-related injuries and illnesses investigated, recorded and reported by the contractor? OSHA compliance. What does the contractor do to keep informed on government safety regulations and standards?
**For more information on construction safety, see Health and Safety Items and Article 7.2.4, “Public Safety and Convenience.”
Contractor Estimates	Testing requirements Partial payments, monthly estimates, closing dates, etc. Payment for material on hand (MOH)
Subcontracts	Letter notifying the Department of proposed subcontractors to be used. (Refer to Article 8.2, “Subcontracting.”) Address and discuss subcontractor approval process including E-Verify and DMS requirements.
Disadvantaged Business Enterprise (DBE)/ Small Business Enterprise (SBE)	Advise contractors of requirements in the DBE/SBE special provision. Direct contractors to contact the Area Office (AO) concerning anticipated changes to their DBE/SBE commitments, any disputes, or an inability to meet the goal. The district is responsible for approving any requests from the contractors, for DBE/SBE removals, substitutions, and Good Faith Efforts resulting from removal of a DBE/SBE. Reports of all payments made to the DBE and SBE, regardless of commitment Confirm all payment by DMS tracked subs. Requirement for performing CUFs on DBEs for goal credit. For all federally funded projects beginning with the 2/2017 letting, the contractor must request to add a subcontractor in the Diversity Management System. Refer to subcontractor approval found in Chapter 10.
Contractor Performance Evaluations	Discuss and answer any questions regarding the Prime Contractor Performance Evaluation (Form 2707).
EEO, Training, and Labor Compliance	Equal Employment Opportunities (EEO) Compliance Program Requirements are contained in the following special provisions: Required Contract Provisions Federal-Aid Construction Contracts (Form FHWA1273) Standard Federal Equal Employment Opportunity Construction Contract Specifications ( Executive Order 11246) – including Form FHWA1391 – Certification of Nondiscrimination in Employment and Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). In addition, the applicable wage determination, the DBE or SBE special provision, and the prompt payment requirement must be included in subcontract agreements. Form FHWA-1273 must be physically attached to all federally assisted contracts, subcontracts, and purchase orders of $10,000.00 or more. On-the-Job Training: Special Provision 000-006 - On-the-Job Training (OJT) Program, incorporated into all federal-aid highway improvement contracts. TxDOT’s Civil Rights Division (CIV) will notify every contractor selected for participation in the program at the beginning of each calendar year and advise them of the number of trainees they are expected to support. Participating contractors must enroll, train and graduate a number of trainees sufficient to meet their assigned annual trainee goal. Prevailing Wage Rate Requirements: Contractors and subcontractors must pay employees, at a minimum, the classification wage rates specified in the contract. The minimum wage rates must also be conspicuously posted and accessible on the project site. Payroll Records: Payroll records certifying compliance with the contract's minimum wage rates, overtime and payroll deduction requirements must be submitted within 7 calendar days on construction projects. Bulletin Board Requirements: The U.S. Department of Labor, FHWA, and U.S. Department of Transportation require certain posters to be posted on bulletin boards in places accessible to the employees on a job site. The bulletin board requirements only apply to federal-aid construction contracts. EEO Meeting Requirements: EEO meetings with supervisory and personnel office employees must be conducted before the start of work and then at least once every 6 months. EEO meetings with non-supervisory employees must be conducted at least annually.
Partnering	Develop the issue escalation ladder Review potential issues Partnering Pledge ( Form 2391)
Other Matters	Procedures Shop drawings Erection details Forming details.
Comments and Adjourn	Summary and follow up, etc.

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Suggested General Preconstruction Agenda

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Introduction, Statement of Purpose of Meeting, and Project Safety Procedures

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Identify Role of TxDOT Project Staff and Prime Contractor Staff
- Introduce those present and acknowledge those on the escalation ladder.

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Purpose of Meeting
- This meeting is in accordance with Department policy in order for personnel of the TxDOT, Contractor, Utility Companies, Law Enforcement Agencies, etc., to discuss the schedule and methods of operation, and acquaint all concerned with lines of authority and communication while promoting greater safety.
- Encourage continued focus and to do even more than we do today to reduce/eliminate the tragic accidents that happen that have taken the lives of our transportation family members.
- Encourage partnership on the project to ensure work zone safety is our top priority.
- The contractual obligation of the contractor for complying with the State and Federal construction safety standards (Review Contractor’s Accident Prevention Program Checklist

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Partnering/Project Pledge
- Partnering pledge
- Issue resolution process
- Rocks in the road (review of potential problems)

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Project Issues (use this section for project-specific discussion items)
- Project
  - Project location, limits, and scope of work
  - Working days/months
  - Working day definition (Item 8)
  - Contract amount
  - Right of way (ROW)
  - Utilities
- Contractor’s Work Plan
  - Estimated start date
  - Estimated completion date
  - Project schedule – contractor’s project schedule to be furnished to Area Engineer
    - Acceptable schedule required before work can begin
    
    - Schedule updates required each month
    
    - Contractor cannot revise the schedule without notifying TxDOT in writing
    
    - Contractor responsible for initiating time impact analysis process for delays
- Discuss other special provisions or project-specific requirements
  - Field office and/or lab
  - Milestones
- Traffic Control Plan
  - Location, condition, and protection of barricades
  - Signs
  - Speed zoning
  - Police departments – discuss departments affected and procedures for transmission of accident information.
  - Flagging – In accordance with Section 7.2.6.2, “Flaggers,” and Special Provision 007-001, the contractor must submit a list of certified flaggers before work begins.
  - Barricade inspections (Form 599) will be performed and signed by TxDOT’s Department Responsible Person (DRP) for Barricades. Form 599 will be considered written notification of barricade inspections and maintenance. Contractor’s Responsible Person for Barricades (CRP) will also sign Form 599.
- Traffic
  - Detours
  - Limitations on working hours
  - Discuss the procedures for transmission of information on street closures, detours, etc.
  - Road user costs and lane rentals if applicable
- Traffic Signal Timing Changes
  - The contractor will notify the Project Engineer at least 2 weeks prior to a proposed traffic pattern change that will require a revision to traffic signals. This requirement also applies to Item 681 “Temporary Traffic Signals for Construction.”
  - The District Safety Review Team may make periodic inspections and are available for assistance.
- Contractor Records
  - Review Special Provision 000-384. Form 1295, “Certificate of Interested Parties,” and related information is available on the Texas Ethics Commission website.
  - TxDOT requires the submission of Form 1295 prior to change order execution in SiteManager at any time an existing contract increases in value to $1,000,000 or more due to changes in the contract at any time there is an increase of $1,000,000 or more to an existing contract (change orders, extensions, and renewals); or at any time there is a change to the information in Form 1295, when the form was filed for an existing contract.
- Shop Drawings Guide – All shop drawings should be submitted electronically.
- Shop Drawings Contacts – List of all dedicated shop plan addresses
- Discussion of specification requirements including penalties, time requirements, availability, submissions, retention, etc.
- Review Special Provision 000-010 – Incident and injury reporting through the TxDOT Electronic Project Records System (EPRS)
- Material On Hand
  - Discuss the mechanics of tracking material on hand, and pay quantities, if applicable.
  - Material on Hand Deadline – TxDOT DCO will not generate a supplemental progress estimate due to the missed deadline.
- Audits – The District and AO will perform periodic audits of project paperwork and notify the contractor in writing of deficiencies.
- Contract Materials
  - Review the Material Sourcing Letter (sent by AO to contractor prior to preconstruction meeting)
  - Discuss concrete source(s) and mix designs in the project
  - Discuss concrete cylinder mold sizes that will be needed, according to the aggregate size shown in the mix designs.
  - 4 × 8-in. cylinder molds can be used for mixes with aggregates grade 4 and smaller.
  - 6 × 12-in. cylinder mods required for use with larger aggregates.
  - Discuss the notification time to TxDOT personnel for concrete pours
  - Discuss pre-placement meeting schedules for mass placement, bridge deck, concrete paving, temp walls, soil nails, and hot mix for the project
  - Per Special Provision 006-001 [use of Commercial Lab (CL)], the AO will provide the contractor with CL information and forms. The contractor should complete and return forms to the AO prior to work beginning.
    - If the contractor chooses to use a CL, reimbursement to the Department for the CL will be made by a deduction from the contractor’s monthly pay estimate.
    - Minimum 24-hour notification to the Engineer, District Lab, and CL by phone and email is required when using a CL for sample pickup/testing.
    - Cancellations must be made by both phone and email; a $150 cancellation fee will be recovered for cancellations without adequate notice that resulted in the mobilization of technician and/or equipment by the CL.
    - CL turnaround times and agreements are available to the AO and contractor upon request.
    - If the contractor chooses to use a CL, a meeting will be held with the Contractor, AO, DCO, and District Lab to determine which tests and materials will be tested by the CL, to remain in force for the entire project. Costs will be reviewed at that time. (E.g., if flexible base will be tested by a CL, the CL must perform all tests required for flexible base.) The contractor will be responsible for the testing required, determined by the quantity to be placed for the selected tests.
- Article 7.18 – Electrical Work
  - Use certified persons or licensed electricians to perform electrical work. Electrical certification or licenses for this project will be in accordance with Article 7.18 of the Standard Specifications and any special provisions to Article 7.18.
  - If the subject project contains electrical work, TxDOT’s District or Traffic Operations Division ERT (Electrical Review Team) may make periodic electrical reviews and are available for assistance.
- Disadvantaged Business Enterprise (DBE-Federal) and Small Business Enterprise (SBE-State) Contract Requirements
  - Discuss project goal
  - Monthly progress reports are due no later than the 15th of the month following payment in DMS.
  - A copy of all DBE and one non-DBE fully executed contract/agreement must be submitted to the AO in a timely manner. Prime contractor is responsible for ensuring that all contracts physically include all applicable special provisions contained in the Contractors Assurance and FHWA Form 1273.
  - Commercially Useful Function (CUF) Reviews will be conducted on all DBEs including race neutral DBEs performing work on the project.
  - Use of joint check(s) requires prior approval by the District DBE Coordinator (DDC). Contractor must complete and forward Form 2178 to the AO, which will direct the form to the DDC for review and approval.
  - Any removal, termination, substitutions, or changes to the original DBE/SBE Commitment Forms must be requested through the AO and directed to the DDC at the District Construction Office.
  - Prompt Payment Certification ( Form 2177), required on all projects (federal and state), must be submitted by the end of the month following each month that the prime contractor receives payments. This is a mandatory report, and the district may withhold estimates for late reports received.
  - Projects let since February 2017
    - - These projects include Special Provision 000-394, “Disadvantaged Business Enterprise in Federal-Aid Contracts,” which includes requirements for a web-based Compliance Tracking System to be used by contractors and TxDOT ( Diversity Management System).
  - Projects let prior to February 2017
    - - SBE (State): Use Monthly Progress Reports (Form SMS.4907) and Final Report (Form SMS.4908). Includes all payments made to race-neutral DBEs/SBEs/HUBs.
      
      - DBE Prime Contractors only: Use Form SMS.4902 for payments made to non-DBE(s) subcontractors for monthly and final reporting.
      
      - DBE (Federal): Use Monthly Progress Reports (Form SMS.4903) and Final Report (SMS.4904). Include all payments made to race-neutral DBEs.
  - Post Award Good Faith Efforts are evaluated at the District Level. Consult with CIV as necessary.
- E-Verify
  - Contractors must remain active in E-Verify throughout the life of the contract.
  - Subcontractors must remain active in E-Verify until their work is completed.
- Contractor Performance Evaluations
  - Review Special Provision 000-659
  - Focus on using evaluations as a tool for communication
  - The contractor can request and provide documentation to justify high ratings where applicable
- EEO Compliance Program (Federal-Aid Projects Only)
  - The contractor should designate an EEO Officer with responsibility to administer an effective EEO Program. The EEO officer’s name and phone number for prime contractor and all subcontractors must be posted on the project bulletin board.
  - The Federal Aid Construction Contractors Annual Report ( FHWA Form-1391) is required from the contractor and all subcontractors with contracts totaling $10,000 or more that perform work on the project during the last week of July. This company-wide report is required annually, and submitted electronically until project completion. Instructions are sent directly to each contractor from TxDOT Civil Rights Division (CIV) and input is monitored by DCO.
- Storm Water Pollution Prevention Plan (SW3P)
  - Ensure both English and Spanish versions of the TxDOT Road Construction Environmental Management System Policy Statement are posted on the Bulletin Board; EMS Policy and Posters
  - The Environmental Permits, Issues, and Commitments (EPIC) Sheet provides important information regarding environmental issues that may need to be followed during the construction of this project:
    - Cultural,
    - Hazardous Materials or Contamination Issues,
    - Endangered Species, Critical Habit, etc.
  - Control measures and intent of specification to be discussed at this time. A Storm Water Pollution Plan was developed for this project (identify plan sheet number). During final and temporary stabilization, Inspection and Maintenance Reports are completed by a TxDOT representative as specified by the SW3P
  - Review Special Provisions to Item 506 – listing what is not paid for directly but is subsidiary to pertinent bid items.
    - Soil disturbance less than 1 acre – No submittal to Texas Pollutant Discharge Elimination System (TPDES) will be required but TxDOT and contractor will follow SW3P.
    - Soil disturbance of 1 acre to less than 5 acres – Small Site Notice will be posted at project site by TxDOT and contractor. TxDOT will be considered a primary operator for Operational Control over Plans and Specifications. Contractor will be considered a Primary Operator for Day-to-Day Operational Control.
    - Soil disturbance of 5 acres or more – A Notice of Intent (NOI) is required and a Large Site Notice will be posted at project site by TxDOT and contractor.
    - NOI will be obtained by TxDOT first, who will provide a copy to the contractor prior to the preconstruction meeting for use in completing its NOI form. NOI Instructions Presentation is available for your use.
    - Both TxDOT and the contractor’s NOIs will be in the SW3P project files.
    - Both TxDOT and the contractor’s Construction Site Notice will be posted on project site bulletin board.
    - Disruption of soil cannot begin until both NOIs are acquired and posted.
    - The contractor’s daily monitoring reports are required within 7 days to TxDOT.
    - TRAINING: Identify both a responsible person and an alternate for TxDOT (DRPe) and the contractor (CRPe). TxDOT provides training, at no cost to the contractor, valid for 3 years from the date of the completion. If an employee’s certification expires during the life of the project, the contractor will have one estimate cycle to update the employee’s certification.
  - Construction Stage Gate Checklist (CSGC) will be completed on construction contracts that have soil disturbing activities and/or environmental permit requirements. Types of projects include new location, existing pavement rehabilitations/widening, culvert work, bridge rehabilitation/replacement. CSGC will be completed by the District Environmental Quality Coordinator (Environmental Project Management), in coordination with project staff and the contractor.
    - Frequency will be within one month of beginning initial construction activities.
    - Continue once a year until project is complete.
    - Completed CSGC will be discussed with the contractor’s superintendent/ foreman and signed by the contractor’s representative.
    - TxDOT will notify the contractor, in writing, of items found to be out of compliance that need to be corrected.
  - Letter to Area Engineer for approval of contractor’s plan and schedules for accomplishment of temporary and permanent soil erosion control work throughout the duration of work under contract. If TPDES is required, this letter is not required.
  - During final and temporary stabilization, Inspection and Maintenance Reports are completed by a TxDOT representative as specified by the SW3P.
  - Water Pollution Abatement Plan (WPAP) – If the project is in an Aquifer Recharge Zone, notify the Texas Commission on Environmental Quality (TCEQ) of the preconstruction meeting. TCEQ must be notified in writing once the sediment control devices have been installed on the project by the WPAP and are available for inspection.
  - For Contractor PSLs (Project Site Locations):
    - On-Site PSLs (one mile within the boundary of the permitted construction site) – a copy of the contractor’s NOI and signed sketch of the SW3P measures are required.
    - Off-Site PSLs – submit letter designating the off-site location(s) and associated area calculations.
  - Non-Joint Bid Utilities are responsible for their own SW3P measures and NOIs. In addition, for Utility On-Site PSLs, a copy of the Utility Company’s NOI and a signed sketch of the SW3P measures are required. For Utility Off-Site PSLs, a letter designating the Off-Site PSL location(s) and associated area calculations is required.

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Close Meeting
- Issues specific to the project as determined by the AO
- Distribute copies of sign-in roster.

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Agenda Reference Material

Prior to the meeting, provide the following reference information to all parties involved on the contract. This will provide the contractor an opportunity to review and complete in advance, allowing the meeting to focus on project issues and saving time for all parties. Utilize best judgement to ensure an effective and efficient Pre-Construction meeting. Example of materials are attached in chapter 17.

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Escalation Ladder—The Escalation Ladder clearly defines channel and timeframe to which disputes or issues are handled. Resolving issues at the lowest level of the escalation ladder is recommended when possible. Ensure all parties involved in the contract are aware how issues will be escalated and provide copy to required parties.

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Partnering/Project Pledge ( Form 2391)

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TxDOT Required Documentation
- Document listing TxDOT responsible contacts including: Area Engineer, Assistant Area Engineer, Record Keeper, Inspectors, District Responsible Person (DRP) for barricades, DRP for SWP3, and third-party inspectors.
- Other information that may be included:
  - timeframes for payment,
  - time begin date,
  - police to be contacted, and
  - reference to EPIC sheet for the Environmental Plan.
- As part of the documentation, the AO needs to send the contractor a request for Prime Contractor’s Required Documentation along with Material Sourcing Excel, and documentation if the contractor will be requesting a Commercial Lab.

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Prime Contractor’s Required Documentation
- Document listing Contractor responsible contacts including: Superintendent, Change Order Contact, Payroll Officer, Safety Officer, DBE liaison, and Contractor responsible person for Environmental and barricades along with alternate CRP.
- Other information that may be included: Anticipated work start date and completion date.
- Prime contractors must also submit:
  - company complete safety program,
  - subcontractor approval request,
  - certifications for flaggers, electricians, ACI shotcrete nozzleman, materials, and welders,
  - contractor’s NOI per Special Provision 506-003,
  - list of contractor’s employees with required training requirements,
  - complete Material Sourcing Letter,
  - complete Commercial Lab Form,
  - letter of compliance with TCP, and
  - contractor’s Escalation Ladder.

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