Manual Notice: 2024-1
From: Duane S. Milligan, P. E., Director, Construction Division
Manual: Construction Contract Administration Manual
Effective Date: December 05, 2023
Anchor: #KGRYLWNXPurpose
The Construction Contract Administration Manual has been updated to comply with administrative rule changes, updated business practices, and to provides clarification for new and existing practices.
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General
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- Removed all tables within this manual and replaced with bullet format.
Chapter 1, “Introduction”
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- Section 1, “Introduction”
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- Clarified verbiage to Chapter 12 description.
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- Section 2, “Manual Description”
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- Manual list was separated into external and internal access list. Anchor: #RHVQSUWB
- Removed “General Information” subsection from Chapter 3 Section 4.
Chapter 2, “Pre-Award Activities”
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- Section 1, “Overview”
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- Moved Subsection “General” under the overview description. Anchor: #VNTMRYKT
- Updated the information on the FTP site to include the new Pre-Bid Q&A process. Anchor: #DSWTMHMJ
- Removed Form 2519, “Intellectual Property License Request” and replaced with “IP License Request” and included link. Anchor: #XQEDQKPR
- Clarified that IP License are not necessary once contractor has executed contract. Anchor: #NGPROXVF
- Updated UAVs (Unmanned Aircraft Systems) to UASs (Unmanned Aircraft Systems. Anchor: #PEUAGBSX
- Included clarification to expediate answers during the week of letting.
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- Added reference for the Memo from the Chief Engineer dated 2/13/2019.
Chapter 3, “Post-Award Activities”
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- Section 1, “Press Release”
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- Updated links for letting information and project tracker.
Anchor: #CACOOYJY - Section 2, “Legislative Notification Requirements”
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- Clarified verbiage on the template letters.
Anchor: #DLWIXOQL - Section 3, “Beginning of Work”
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- Clarified time charges begin date.
Anchor: #NAVOQCFF - Section 4, “Preconstruction Conference”
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- Added District DBE Coordinator to the attendees list. Anchor: #SHEQIPOI
- Added list of personal to contractor's organization. Anchor: #EFCGXLVU
- Added material suppliers to attendee list. Anchor: #YWUECXWM
- Included U.S Department of Labor from Chapter 17 to attendee list. Anchor: #LPLLFRFY
- Added “Extended Buy America Requirements”. Anchor: #GCAAQYQF
- Added subsection for “Change Orders”. Anchor: #GFNSAQMF
- Clarified delegation of signature of authority for Change Orders. Anchor: #KJYMXIUQ
- Combined DBE and CUF in listing. Anchor: #CAQLYUVV
- Clarified Form 1391 is entered into DMS. Anchor: #XYSJGJDY
- Added subsection “General Information” from Chapter 1. Anchor: #SNANCRDS
- Clarified “requirements to secure”.
Anchor: #HQHMHMDI - Section 5, “Preconstruction Conference”
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- Removed reference to the table.
Anchor: #XKGQBHBH - Section 6, “Partnering”
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- Added “Schedule the partnering meeting,” to the procedures.
Chapter 4, “Project Records and Closeout”
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- Section 1, “Importance of Accurate
Records”
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- Removed two bullets from “Electronic Records” and included in the “Overview” subsection. Anchor: #XIHVKRNO
- Added clarification on templates under “Correspondence”. Anchor: #JQKBAYTG
- Clarified verbiage in the “Project Record Review” subsection. Anchor: #UKSSXMOD
- Added reference guidance for “Electronic Records”. Anchor: #XAISFVXG
- Added “Records Retention” guidance from end of Chapter 4 Section 4.
Anchor: #RSPMOTYC - Section 3, “Traffic Control Plan”
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- Clarified verbiage for “Law Enforcement Usage” subsection. Anchor: #OXJHWWNR
- Added links for the Transportation Code 224.034. Anchor: #NEPHIQPN
- Revised the “Section” number in the last sentence.
Anchor: #TLOKQFHX - Section 4, “Project Records”
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- Clarified guidance on Work Begin Date. Anchor: #MLAITRTQ
- Removed the listing of DWR entries of items. Anchor: #GXWBVYHB
- Added links to the DWR Guidance documents. Anchor: #HKNBRHHH
- Added link for the Maintenance Division page. Anchor: #AFJYQMUK
- Removed subsection “Required Reports and Forms”. Anchor: #SDOXEVME
- Added subsection “Bulletin Board Checklist” from Chapter 17. Anchor: #YMQYSUWQ
- Removed “Change Order” subsection and moved to Chapter 7. Anchor: #LFNHFJOB
- Corrected date under FHWA Form 1494. Anchor: #YWSSMFIQ
- Removed the second paragraph under FHWA Form 1494. Anchor: #NCCYCASY
- Removed “Records Retention” sentence and moved to end of Section 1. Anchor: #XWLGDHFS
- Clarified the new Buy America requirements.
Anchor: #VROQUFCY - Section 5, “Project Closeout”
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- Added SBE with listing #10 Anchor: #MKNYUUKI
- Added “Payouts” and “Completed” to listing sub bullet #10. Anchor: #UYTABTIC
- Removed “Subcontractor Approval”. Anchor: #VQDSBJSO
- Added Final to listing #12 Anchor: #UPBCSIOJ
- Added Form 2177A, “Prompt Pay Audit” to the list. Anchor: #HLPMCYAC
- Added Material Certification Letter (MCL) to the list. Anchor: #EDXUCMXV
- Added Test Exception Letter (TEL) to the list. Anchor: #MLUAOKCQ
- Added Form WH-347 link to listing #28. Anchor: #FBLVLWDU
- Added Form 2803 “Project Evaluation” (Design) to the list.
Chapter 5, “Control of the Work”
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- Section 1, “Project Authority”
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- Revised the word “Meeting” to “Conference”. Anchor: #PYNNPBME
- Added subsection “Work near Railroads” from Chapter 9 Section 2. Anchor: #JHVFDMJJ
- Listed the subsections in order of the specifications.
Anchor: #EWHTHNHI - Section 2, “Work Documents”
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- Removed subsection “Document Disposition”.
Anchor: #SJMJGSBF - Section 4, “Evaluations”
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- Revised the subtitle from “Prime Contractor Performance Evaluations” to “Evaluations”. Anchor: #VXPNAWSK
- Clarified verbiage to Prime Contractor Performance Evaluations subsection. Anchor: #RHMUTGPN
- Added subsection “Project Evaluations”.
Chapter 6, “Control of Materials”
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- Section 1, “Materials”
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- Added clarification on “multiple sources for the same material”.
Anchor: #KPWOPUDO - Section 2, “Materials Testing”
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- Combined bullets for MPL and QMP. Anchor: #YBRJUDCJ
- Added SiteManager Testing Forms link. Anchor: #ALXUMWED
- Added Form 202 “Identification of Material Samples” from Chapter 17.
Anchor: #ORTNQESH - Section 3, “Buy America”
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- Clarified verbiage to include “Extended Buy America Certification” and included link. Anchor: #VDTMTKOT
- Added subsection title “Iron and Steel”. Anchor: #PPUISUBX
- Added subsection for “Extended Buy America Requirements (BABA)”. Anchor: #HWCMUNBD
- Added subsection for “Buy America Exceptions”.
Anchor: #YXXJHQTF - Section 5, “References” Anchor: #FPFOMNHE
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- Added reference for 2 CFR 184, “Extended Buy America”.
Chapter 7, “Changes to the Contract”
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- Section 1, “Change Orders”
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- Added subsection “Additional Time Guidance”. Anchor: #OJJGPSVC
- Moved AFA subsection to align with the sequence of order.
Anchor: #XYELFNLT - Section 3, “Force Account and Interim
Adjustments”
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- Removed “Complete Form 316” from second paragraph.
Anchor: #EDPHVOOI - Section 6, “References”
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- Added a link for, “Technical Advisory”.
Chapter 8, “Disputes and Claims”
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- Section 1, “Disputes”
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- Clarified that last sentence of the first paragraph.
Anchor: #IPIXJJEL - Section 2, “Claims”
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- Clarified sentences throughout the section.
Anchor: #MHGYWVIW - Section 3, “Payment in Settlements of
Disputes and Claims”
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- Clarified sentences throughout the section.
Chapter 9, “Legal Relations and Responsibilities”
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- Section 2, “Employee Responsibilities”
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- Listed the subsections in order of the specifications. Anchor: #ULHGPAYL
- Revised “Electrical Work” to “Electrical Requirements”. Anchor: #SNBADLAY
- Revised Article 7.15 to 7.18. Anchor: #RETGPRNS
- Removed “Work near Railroads” and added to Chapter 5 Section 1. Anchor: #JWWFBRCC
- Revised “Noise Abatement” to “Abatement and Mitigation of Excessive or Unnecessary Noise”.
Anchor: #UCOGPXMX - Section 3, “Conflicts of Interest and
Ethics”
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- Reworded subsection “Non-TxDOT Internet Access” to “Information Security Policy”. Anchor: #BMUDBINK
- Clarified the verbiage on the policy.
Chapter 10, “Prosecution and Progress”
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- Section 3, “Subcontracting”
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- Removed the first six bullets. Anchor: #ILRKWDJQ
- Clarified the requirements for federally funded projects. Anchor: #SDRPNGHA
- Added “including substitutions” in the bullet. Anchor: #OXILNGHD
- Added a note for non-DBEs. Anchor: #OKPALLIK
- Added link for the Flow Chart Aid from Chapter 17. Anchor: #KYMRHDCT
- Added “Certification Monitoring Plan” to the subsection title “Subcontractor Audit.” Anchor: #TTICWHKI
- Added verbiage for requesting non-DBE contracts at 30, 60 and 90% project reviews. Anchor: #OWSYPQOA
- Revised the link from Federal list to SAM.gov website. Anchor: #MXXBYIQA
- Added instructions and clarified verbiage for the E-Verify subsection. Anchor: #EPWTFDGT
- Revised the link for the Form 2802.
Anchor: #PMYAINRS - Section 4, “Contract Time”
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- Clarified Time charges begin within 30 calendar days after the Authorization to Begin Work. Anchor: #PFQRKYDE
- Clarified standard workweek verbiage. Anchor: #VCXSUWBB
- Added listing of State Holidays for standard workweek. Anchor: #PHDJSOJY
- Added “email is acceptable”.
Anchor: #WCQUOBWV - Section 5, “Temporary Suspension of Work
or Work Day Charges”
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- Changed section title “Work” to “Working”. Anchor: #YWFIRICD
- Clarified Article 8.4 per the specification. Anchor: #UHVYWLTL
- Added clarification that “time charges may still apply”
Anchor: #XCATPPDS - Section 7, “Best Practices for Holiday
Periods”
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- Added “Ensure Contractor” to the first part of the paragraph.
Anchor: #NRIKVIEN - Section 8, “Default of Contract”
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- Changed “Section” to “Article”. Anchor: #GPNIQHCQ
- Added link for “Template Letters”.
Chapter 11, “Issues Affecting Payment”
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- Section 1, “Estimates and Issues
Affecting Payment”
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- Replaced “Introduction” with “Estimates and Issues Affecting Payment”. Anchor: #GUQHYXIF
- Added a subsection “Overview”. Anchor: #VUVQDDEI
- Added Estimates in chronological order. Anchor: #CAHEGUDB
- Clarified verbiage for “Monthly Progress Estimates”. Anchor: #DYJPSIWS
- Added subsection for “Supplemental Progress Estimates”. Anchor: #EOSFQXWX
- Added subsection for “Supplemental Estimates”. Anchor: #BLTVCREQ
- Renamed subsection “Measuring Items” to “Measurement of Quantities”. Anchor: #YQTMVSQP
- Clarified verbiage in “Overview”. Anchor: #YHPCLBMB
- Subsections were put in chronological order. Anchor: #MFITFWPP
- Clarified verbiage for payment not to exceed 10% of the original contract amount. Anchor: #NLDDDPLW
- Removed “Material on Hand” to Section 2.
Anchor: #NMAWWXAV - Section 2, “Material on Hand (MOH)”
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- Added “Overview”. Anchor: #UUAOAYIP
- Added clarification for violation of MOH. Anchor: #OHHHVRWH
- Added link for Form 1259 “Summary Materials Received and Used” from Chapter 17.
Anchor: #KFMEMXOU - Section 3, “Prompt Payment”
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- Clarified the verbiage in the third paragraph. Anchor: #KQGMFEVN
- Renamed subsection from “Subcontractor and Materials Supplier Complaints” to “Subcontractor and Materials Supplier Non-Payment Notices”. Anchor: #BWIVBJOW
- Clarified first sentence under “Contractor Compliance”. Anchor: #QLFDOKDC
- Added listing #3 all subcontracts on federal-aid projects must contain FHWA Form 1273. Anchor: #XDLGHFWG
- Clarified verbiage for “Prompt Pay Audit” subsection. Anchor: #CVVGVFWY
- Removed the process for Prompt Pay Audit. Anchor: #SKBYJXYD
- Added the use of Form 2177A “Prompt Pay Audit”.
Chapter 12, “Environment”
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- Section 1, “Introduction”
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- Renamed “Hazardous Materials or Waste” to “Introduction”. Anchor: #WKSNDHWF
- Clarified verbiage in this subsection.
Anchor: #JAUXOLWS - Section 2, “Stormwater Requirements”
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- Renamed “Biological Resources” to “Stormwater Requirements”. Anchor: #BDABLYFN
- This section as a whole was rewritten to reflect links to guidance.
Anchor: #CFKYWVWW - Section 3, “Water Resources”
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- Added example bullets of “Work in Waters of the United States” section. Anchor: #QXLUXYAD
- Reworded parts of the first paragraph. Anchor: #GMYKSPWE
- Added a new paragraph before the first subsection. Anchor: #GMBGWPVF
- Renamed subsection “Complying with US Army Corps of Engineers Requirements”. Anchor: #UTENJJTD
- Included check and verbiage for permitting. Anchor: #MTLHKCYG
- Added “Complying with US Coast Guard” requirements. Anchor: #CVSSKMLE
- Clarified verbiage in bullets. Anchor: #CGSWNARM
- Added “Complying with TCEQ” requirements. Anchor: #NNFOWGSJ
- Added “Complying with General Land Office (GLO) and other entities” requirements. Anchor: #MLSRBHWP
- Added two bullets. Anchor: #DEJUAVOG
- Included a link for the PSLs.
Anchor: #CTSJCSSQ - Section 4, “Cultural Resources”
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- Clarified verbiage in the opening paragraph. Anchor: #WGGSSFFS
- Added a new bullet to include resource surveys are completed prior to construction. Anchor: #LNSBQESP
- Added subsection “Documenting Compliance with Cultural Resources Plan Notes”.
Anchor: #ANIDPHCA - Section 5, “Vegetation Resources”
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- Renamed “Project-Specific Locations” to “Vegetation Resources”. Anchor: #GIENJDLU
- Added all new content for this subsection.
Anchor: #PYUKFBFA - Section 6, “Protected Species Requirements”
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- Renamed “Surplus Materials” to “Project-Specific Locations”. Anchor: #YXWFKWAH
- Removed “Protected Species Requirements” from a subsection to its own section. Anchor: #FQQNGSPV
- Clarified verbiage throughout entire section. Anchor: #AJMLFMSR
- Added National Marine Fisheries Service (NMFS).
Anchor: #VWMXSSRO - Section 7, “Hazardous Material or Waste”
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- Renamed “References” to “Hazardous Material or Waste”.Removed “Hazardous Material or Waste” from a subsection to its own section. Anchor: #EYFQLGCD
- Added verbiage to subsection “Responsible Parties”. Anchor: #IEMRDIUO
- Clarified verbiage to the first paragraph.
Anchor: #STNECOTU - Section 8, “Noise/Sound Walls”
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- Added subsection “Noise/Sound Walls”.
Anchor: #EPNKVUVU - Section 9, “Project-Specific Locations
(PSL)”
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- Added subsection “Project-Specific Locations (PSL) from Subsection 6”. Anchor: #MVINKESP
- Included list of documentation.Added a new paragraph.Added a new link for PSLs.Revised the Article number.
Anchor: #MPBFHRTJ - Section 10, “Construction Stage Gate Checklist
(CSGC Form 2448 Inspections)”
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- Added subsection “Construction Stage Gate Checklist (CSGC Form 2448 Inspections)”. Anchor: #WNDOBXPE
- Added all new content for this subsection.
Anchor: #BCWRVNBN - Section 11, “Regulatory Agency Investigations”
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- Added subsection “Regulatory Agency Investigations”. Anchor: #MBPFSNEH
- Added all new content for this subsection. Anchor: #IEWHUNTP
- Section for “References” was removed.
Chapter 13, “Health and Safety”
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- Section 2, “Contract Requirements”
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- Removed OSHA Standard and replaced with 29 CFR 1926.1408.
Chapter 15, “Contractor Workforce”
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- Section 1, “EEO Requirements”
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- Reworded the last sentence in paragraph one under “Contract Provisions”.
Anchor: #FQAONNKW - Section 2, “Labor Requirements”
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- Removed “Area Engineer” and replaced with “Construction Division”. Anchor: #FYSHDLPM
- Removed wording in the paragraph under “Additional Labor Classifications”. Anchor: #HWBXPRPD
- Clarified verbiage in the “Wage Rate Survey” subsection.
Anchor: #EUTYUWAM - Section 3, “On-the-Job Training”
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- Clarified verbiage under “Procedure”.
Chapter 16, “FHWA Oversight Requirements”
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- Section 1, “Background”
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- Clarified that the fiscal year is from October 1 to September 30. Anchor: #NRBXOUDH
- Clarified wording for “Buy America”. Anchor: #TQWRHNKW
- Included reference for “Extended Buy America”.
Anchor: #YGLCRQEP - Section 4, “Change Orders”
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Anchor: #VNGNKVOP
- Clarified guidance regarding TxDIPs Steward and Oversight plans. Anchor: #SFRSBOBR
- Reworded guidance to clarify project oversight responsibilities for Federal-Funded projects. Anchor: #JUVROEQS
- Clarified guidance for PIF’s and District Seal Coat projects.
Anchor: #BPTIKJRF - Section 6, “Final Inspection of Federal-Aid
Projects”
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- This section removed all information pertaining to Form 2235 which is no longer used. Anchor: #OAAMABBE
- Added guidance for final documents and reconciling project closeout.Reworded for the Material Certification Letter and included link.
Chapter 17, “Forms and Documents”
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- Removed the entire chapter. All the forms and document references are included within the manual.
Supersedes
This publication supersedes prior versions of the manual.
Anchor: #UAFHNOAUContact
For any questions or assistance please contact Construction Division’s Construction Director, Carlos J. Rodriguez, P.E., at (512) 416-2512.
Anchor: #BGQJFIYOArchives
Past manual notices are available in a PDF archive.