Section 4: Preconstruction Conference
Anchor: #b030003Purpose of the Preconstruction Meeting
Before starting work, the Contractor must schedule and attend a preconstruction conference (meeting) with the Engineer. The Area Office should provide the Prime Contractor with the TxDOT Required Project Documentation to complete prior to the preconstruction conference (See Prime Contractor’s Required Documentation List on Form 2796, “Pre-Construction Conference – Agenda”). At the preconstruction conference, Department personnel and contractor's staff become acquainted; establish lines of authority and communication; determine the responsibilities and duties for 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. The Area Engineer (AE) must run the meeting. It is best to avoid reading from a script.
The District will contact the Contractor if the Contractor fails to schedule the meeting. Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges.
Anchor: #b030002Preconstruction Conference Responsibilities and Attendees
Conduct a preconstruction conference with the contractor after the contract has been awarded and executed, but prior to commencement of construction operations.
Ensure meeting attendees include:
- Anchor: #XOLRDDOD
- appropriate representatives from the district and area offices and the District DBE Coordinator (DDC) Anchor: #KTUJSAIE
- contractor’s organization (including office staff of records such a recordkeeping payrolls and DBE coordinators) Anchor: #WSMCDRBE
- Contractor Responsible Person for Environmental (CRPe) Anchor: #FBGIBQBI
- subcontractors and material suppliers Anchor: #PBTHJNQF
- news media (as required) Anchor: #FIJEJOIJ
- utility companies (as required) Anchor: #QJLHNXKN
- emergency entities such as hospitals or fire departments (as required) Anchor: #QWSLSQYR
- local governmental entities (as required) Anchor: #YBNGWXBW
- local law officers (as required) Anchor: #OLNEEVQV
- resource agencies (as required) (Some projects with conditional permits require resource agency notification). Anchor: #KYBPKWRY
- designated Federal Highway Administration (FHWA) AE, if the project is identified as a Texas Division Involved Project (TxDIP) Anchor: #MLUPOUGH
- for all federally funded projects email the U.S. Department of Labor (USDOL) at OFCCP-SW-ConstructionAward@dol.gov as part of the Memorandum of Understanding between the Office of Federal Contract Compliance Programs (OFCCP) and the Federal Highway Administration (FHWA), the Department must provide written notice of the preconstruction conference meeting.
Form 2796, “Pre-Construction Conference – Agenda”
Form 2796 will be used for all projects starting with May 2020 letting.
The agenda is as follows:
- Anchor: #KNXOWNMK
- Welcome, introduction
of all present and identify project (location, limits, etc.)
- Anchor: #LJILJSPT
- Identify the contractor’s representatives, subcontractors, engineer, law enforcement agencies, utility companies, and other relevant parties giving name, address, and phone number. Anchor: #RPBJSGDW
- Identify Project, Review of contract – location, type, size Anchor: #SPYKLYUK
- Contract Time - Working day definition (Item 8) Anchor: #VNPKSFGR
- Contract Amount
Anchor: #MTIAVORP - Escalation Ladder - Identify role of TxDOT
Project Staff and Prime Contractor Staff
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Anchor: #KKJYFPBQ
- Form 2390, “Escalation Ladder,” should be filled out prior to the preconstruction meeting. The escalation ladder clearly defines TxDOT and Contractor levels of authority for handling disputes or other issues. Anchor: #VIJGCHFP
- The District may establish the number of days at each level in accordance with their policy. They may input the timeframe for each level prior to the meeting and complete the form during the meeting by inserting the appropriate name for each level. Anchor: #AMKMFLWC
- Ensure all parties involved in the contract are aware how issues will be escalated and provide copy to attending parties.
Anchor: #PEKXXNCH - Purpose of Meeting - This meeting is in
accordance with department policy.
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Anchor: #DJDAVKYV
- Partnership on the project is encouraged to ensure work zone safety is TxDOT’s top priority. Anchor: #IRDUSABE
- Inform the contractor of their contractual obligations with State and Federal construction safety standards. Anchor: #AXJSLFQY
- Discuss the contractor’s signature authority for the “Prime Contractor Performance Evaluation,” Review Special Provision 000-659
Anchor: #RDEOVFBQ - Partnering/Project Pledge
- Anchor: #QBQMGOPL
- As per Item 4, Article 3 in the 2014 Standard Specifications, partnering is required. Anchor: #VMVOJPCX
- Form 2391, “TxDOT – Contractor Project Pledge,” may be read during the meeting and signatures are required. Anchor: #YQUMXGGS
- More information on partnering can be found in CCAM Chapter 3, Section 6, “Partnering”.
Anchor: #SCHHGMLF - Project Issues
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Anchor: #STHJWCAN
- Discuss project specific items.
Suggested Preconstruction Meeting Topics
General
- Anchor: #JVROLVBJ
- Review of contract, special problems, or designs, right of way (ROW) Anchor: #EILTWEXC
- Contacts – List of all dedicated shop plan addresses Anchor: #FNHPQGEX
- Erection details Anchor: #QNKRFMYW
- Forming details Anchor: #VSNESUFN
- Audits – The District and AO will perform periodic audits of project paperwork and notify the contractor in writing of deficiencies. Anchor: #RUUIPVIP
- Contractor must remain active in E-verify throughout the life of the contract. Anchor: #HOOIREDE
- Other topics as appropriate
Contractor’s Work Plan
- Anchor: #NACULBSN
- Start date Anchor: #NHEBRLEO
- Completion date Anchor: #QGRXWFMH
- Holidays, tax holidays or other days the highway may not be closed. Anchor: #IOMKVPFP
- Major phases of the contract and Milestones. Anchor: #VPWROTJU
- Contractor's project schedule is to be furnished to the AE. Anchor: #PAGGCVIL
- Acceptable preliminary schedules required before work can begin. Anchor: #RPUAEXTE
- Detailed progress schedule outlining the manner of prosecution of work intended to complete work in the allotted time. Schedule updates required each month Anchor: #NVRWWJCV
- Revisions – Contractor can't revise schedule without notifying TxDOT. Anchor: #IWJWYYUU
- Contractor is responsible for initiating time impact analysis process for delays. Anchor: #LJMPDKQY
- Work plans Anchor: #RITTGEIH
- Criteria on working day charges and temporary suspension of work. Anchor: #JGYABYHY
- Notify the area engineer (AE) at least 24 hr. before beginning work in any new operation. Anchor: #JDVUGOYS
- Field office and/or lab Anchor: #NHSEFWRF
- Special traffic problems Anchor: #QSIWELFI
- Present the subcontractors proposed for the project and the work they will perform (DBEs discussed below). Anchor: #EFCEENUE
- Railroad insurance, if required in the contract Anchor: #WBBPLGFA
- Discussion of specification requirements including penalties, time requirements, availability, submission, retention, etc.
Construction Requirements
Usual requirements
- Anchor: #KONHPNGW
- Water truck weight Anchor: #RSUGLTGP
- Roller qualifications Anchor: #IWNCCDVX
- Truck measurements Anchor: #WUGWLTCT
- Asphalt distributor calibration Anchor: #IWPKOXMD
- Truck weight limit Anchor: #SFFQIMGS
- Copies of papers accompanying material delivered to the project
Special requirements – discussion of pertinent items
- Anchor: #BRBGCJXU
- Preparing ROW Anchor: #MAALAUNU
- Staking Anchor: #BIXRXJUM
- Earthwork Anchor: #MSIJVQWH
- Base Anchor: #QINPBQXO
- Pavement Anchor: #IFWVTARM
- Structures Anchor: #UFRKOXFX
- Miscellaneous Anchor: #CLGKWUEK
- Electrical Work (Article 7.18), Anchor: #NKKILVXK
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- Anchor: #CVKHLNTL
- 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 provision. Anchor: #RPDXVLLB
- If the subject project contains electrical work, TxDOT’s District or Traffic Operations Division Electrical Review Team (ERT) may make periodic electrical reviews and are available for assistance.
Utility Adjustments
- Anchor: #WVCUCOOW
- 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 workdays. FHWA may not participate in time extension. Anchor: #HUUEJFXQ
- The Contractor should not damage utilities located within the right of way.
Environmental
- Anchor: #KKQRIALY
- Inform contractor of requirements
to secure proper environmental/archaeological clearances
pertaining to Project Specific Locations (PSLs). Refer to the
FHWA
Project Specific Location (PSL) Quick Guide for contractor
responsibilities.
- Anchor: #APBGWDLR
- For on-Site PSLs (one mile within the boundary of permitted construction site), a copy of the contractor's NOI and signed sketch of the SWP3 measures are required. Anchor: #PRUQGLMX
- The contractor must post both English and Spanish versions of the TxDOT Road Construction Environmental Management System Policy Statement on the bulletin board. (EMS Policy and Posters).
Anchor: #BOKPIPKO - Review the contractor's implementation
of the SWP3. Pay attention to areas of earth susceptible to erosion,
haul road and material pits, contamination of streams and lakes,
damage to adjacent property, etc.
- Anchor: #EMCNGAFY
- During final and temporary stabilization, Form 2118, “Inspection and Maintenance Reports,” are completed by a TxDOT representative as specified by SWP3.
Anchor: #EENNRVUQ - Review mitigation requirements for the contract Anchor: #TOIPMXGU
- Construction Stage Gate Checklist (CSGC)
joint inspection
- Anchor: #WDIIPEQO
- Designate TxDOT Responsible Person, CRPe, and alternate CRPe responsible for conducting joint inspection and provide contact information. Anchor: #NVQJGWOQ
- Define inspection frequency for guidance: Start within one month of initial construction activities and once a year until project is completed. Anchor: #NUSYFATL
- Review the CSGC Instructions Anchor: #DGCNXVCX
- CSGC will be completed by District Environmental Quality Coordinator in coordination with project staff and the CRPe. Anchor: #LXJCMRND
- Completed CSGC will be discussed with contractor's superintendent/foreman and signed by the contractor's representative.
Anchor: #BUUNGUJF - Determine if there are possible conflicts between the contractor's work schedule and the SWP3. Anchor: #VIXCETBS
- Discuss environmentally sensitive areas (such as, wetlands, archeological finds, endangered species, etc.). Anchor: #KPVTHVMY
- The Department and the contractor are
Co-Permittees for TPDES TXR150000, Construction General Permit.
(Reference Special Provisions
506-005 and
007-004).
-
Anchor: #TVPCRDHP
- Review what is not paid directly but is subsidiary to pertinent bid items.
Anchor: #JHLJPLTJ - The EPIC sheet provides information regarding
environmental issues that may need to be followed during the construction
of this project.
- Anchor: #NKDBSTGG
- Cultural, Hazardous Materials or Contamination Issues, Endangered Species, Critical Habit, etc.
Anchor: #DYUSYQYL - The contractor's daily monitoring reports are to be kept on file by the contractor at an agreed upon location. Anchor: #KWVHUYNI
- TxDOT will notify the contractor, in writing, of items found to be out of compliance that need to be corrected. Anchor: #IUWIGDHA
- 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 WPAP and are available for inspection. Anchor: #PFIFCISH
- Non-Join Bid Utilities are responsible for their own SWP3 measures and NOIs. In addition, for Utility On-Site PSLs, a copy of the Utility Company’s NOI and a signed sketch of the SWP3 measures are required. For Utility Off-Site PSL(s), a letter designating the Off-Site PSL(s) and associated area calculations is required. Anchor: #LUDGNHRH
- Letter to AE 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 Texas Pollutant Discharge Elimination System (TPDES) is required, this letter is not required.
Soil Disturbances
- Anchor: #RUIYMTIO
- Soil disturbance less than 1 acre – No submittals will be required, but TxDOT and contractor will follow SWP3. Anchor: #OOVPAFNR
- 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. Anchor: #RGTFSDXU
- Soil disturbance of 5 acres or more –
A NOI is required and a Large Site Notice will be posted at project
site by TxDOT and contractor.
- Anchor: #EQQMIBAJ
- The NOI will be obtained by TxDOT first, who will provide a copy to the contractor prior to the preconstruction meeting for use in completing their NOI form.
Anchor: #SUKOGWGJ - Copies of the contractor's and TxDOT’s NOI should be placed in the SWP3 project files. Anchor: #KBIDTOYB
- Soil disturbances cannot begin until both NOIs have been submitted and posted.
Bulletin Board
- Anchor: #TPOWTBCT
- The contractor's and TxDOT’s Construction Site Notice (CSN) should be posted on the bulletin board or separately within project limits. Anchor: #XOJCMLQC
- The contractor must post both English and Spanish versions of the TxDOT Road Construction Environmental Management System Policy Statement on the bulletin board. (EMS Policy and Posters). Anchor: #TXYOPTLT
- For on-Site PSLs (one mile within the boundary of permitted construction site), a copy of the contractor's NOI and signed sketch of the SWP3 measures are required. Anchor: #DBICVMPN
- The contractor must post both English and Spanish versions of the TxDOT Road Construction Environmental Management System Policy Statement on the bulletin board. (EMS Policy and Posters).
Training
- Anchor: #QNHYIPGG
- Personnel involved in soil disturbing
or SWP3 activities must complete the training listed in SP
506-005.
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Anchor: #MQYERJWY
- By signing Form 2795, the contractor certifies that all required training has been completed by their personnel. The certificates must be made available upon request. Anchor: #VBHCAQPC
- The Contractor will maintain a list of all applicable employees who have completed the training. The list must be made available upon request. Include: employee's name, training course name, and date that the employee completed the training.
Anchor: #JFRTESYY - 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.
Traffic Control
- Anchor: #WVINRSXK
- Review plans, standards, and specifications Anchor: #AYKBWIUB
- Discuss the timing of sign erection and removal requirements Anchor: #UQNEWCSI
- Discuss signs, barricades and lights:
inspection and reports (Form 599), repair and compliance, special
conditions and detours.
- Anchor: #EWBMQDPM
- Barricade inspections (Form 599) will be performed and signed by TxDOT DRP for barricades. It will be considered written notification of barricade inspections and maintenance. CRP for barricades will also sign Form 599.
Anchor: #ODEYWCCT - Discuss flagging procedures. All applicable certifications must be made available upon request. A list of certified flaggers should be kept and must be made available upon request. Anchor: #EEJNYBNJ
- Explain the Traffic Control Plan (TCP) and its sequence during the course of the contract. Anchor: #WXDDHSIM
- Determine the contractor's plans for implementing the TCP. Anchor: #UELTJLHB
- Discuss any contractor proposed alternate
TCP.
- Anchor: #WURWDVLK
- Contractor will notify Project Engineer at least 2 weeks before a proposed traffic pattern change that will require a revision to traffic signals.
Anchor: #KEQHGIYU - Stress to the contractor that deficiencies noted during construction must be corrected as soon as possible. Anchor: #VYUBGIUY
- Ensure the contractor provides the scheduled sequence of work to the respective utility owners. Anchor: #QNNOECDR
- Review the designated CRP and alternate CRP listed in Form 2795 and present the DRP. Anchor: #EXCALRYY
- Discuss limitations on working hours, road user costs, and lane rentals (if applicable). Anchor: #KPVDFEQJ
- Detours - Discuss procedures for transmission of information on street closures, detours, etc.
For more information on temporary traffic control for construction areas, reference the Traffic Safety Divisions site for 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 (internal access only).
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
- Anchor: #GECIRHMY
- Review the Material Sourcing letter Anchor: #LWFPTJDO
- Testing requirements Anchor: #DFVDPGXT
- Quality Control/Quality Assurance (QC/QA) Anchor: #UAKXQFPO
- Storage of materials Anchor: #BWESHFLI
- Inspecting and testing Anchor: #FMHNPOSY
- Use of Commercial Labs (CL):
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Anchor: #HIVNDNUJ
- Per SP 006-001, the AO will provide the contractor with CL information and forms. The contractor should complete and return forms to the AO prior to beginning work. Anchor: #TTMTYSRI
- If the contractor uses a CL, reimbursement to the Department for the CL will be made by a deduction from the contractor's monthly pay estimate. Anchor: #SLDPLBDE
- Minimum 24-hr notification to the Engineer, District Lab, and CL by phone and email is required when using a CL for sample pickup/testing. Anchor: #ASXWVQFP
- 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. Anchor: #CARXLSWE
- CL turnaround times and agreements are available to the AO and contractor upon request. Anchor: #YDKIARMJ
- If the contractor chooses to use a CL, a meeting will be held with the Contractor, AO, District Construction Office (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.
Anchor: #CTMULKPL - Buy America Requirements Anchor: #OAKUREMR
- Extended Buy America Requirements (effective November 2022) added by Special Provision. Anchor: #PRNXPEMN
- MOH - Discuss mechanics of tracking MOH and pay quantities, if applicable. Anchor: #TLFJPVTG
- Discuss concrete sources(s) and mix designs in the project. Anchor: #BULESJHY
- Discuss concrete cylinder mold sizes that
will be needed, according to the aggregate size shown in the mix
designs.
- Anchor: #LEAHFPJY
- 4 × 8 in. cylinder molds can be used for mixes with aggregates grade 4 and smaller. Anchor: #TRUTRNDR
- 6 × 12 in. cylinder molds required for use with larger aggregates.
Anchor: #CKFDQMBE - Discuss notification time to TxDOT personnel for concrete pours. Anchor: #WJQASUCW
- Discuss pre-placement meeting schedules for mass placement, bridge deck, concrete paving, temp walls, soil nails, and hot mix for the project. Anchor: #VLTJQKOS
- Discuss any local or designated source material locations used on the project.
Storage of Equipment and Materials
- Anchor: #HSEAHYUK
- Review specifications-especially the need to keep the travel way clear.
Law Enforcement
- Anchor: #XRQHEQJI
- 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 Form 318. Law enforcement personnel need training for any work zone traffic services they provide. It is the contractor's responsibility to provide certification when requested. Form 318 contains a box certifying training is on file.
News Media
- Anchor: #IYKHUVRF
- Develop a plan for educating the public about construction activities through media announcements.
Contractor Estimates
- Anchor: #CGULDCSK
- Testing requirements Anchor: #KDDKBYOK
- Partial payments, monthly estimates, closing dates, etc. Anchor: #BHMQNSVI
- Payment for material on hand (MOH)
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Anchor: #SSXKJVGL
- TxDOT DCO will not generate a supplemental progress estimate due to a missed deadline.
Change Orders (CO)
- Anchor: #OJXYGYRG
- Review the Special Provision corresponding to the contract ( 000-384, 000-954 or 000-1019). Form 1295, "Certificate of Interested Parties," and related information is available on the Texas Ethics Commission Website. Anchor: #AMPTXNRI
- An individual with full signature authority may delegate signature authority to another, but the delegation must be project specific and in writing.
Subcontracts
- Anchor: #AIGNNUQI
- Review Form(s) 2802 of proposed subcontractors to be used. Anchor: #KXEXGUAV
- Address and discuss subcontractor approval
process including E-Verify and Diversity Management System (DMS)
requirements.
- Anchor: #INTVPATT
- Subcontractors must remain active in E-Verify until their work is completed.
Anchor: #QWUEIITQ - Prime is responsible for ensuring that all contracts physically include all applicable special provisions.
Disadvantage Business Enterprise (DBE)/Small Business Enterprise (SBE)
- Anchor: #QMAHALNI
- Discuss the project goal Anchor: #FKNJDCKB
- Advise contractors of requirements in the DBE/SBE special provision. Anchor: #ULGUYXCY
- 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. Anchor: #KXMBGRIV
- 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. Consult with Civil Rights Division (CIV) as necessary. Anchor: #BEGTRRAD
- Report all payments made to the DBE and SBE, regardless of commitment. Anchor: #QJYHPGXQ
- For federally funded projects with or without a DBE goal, a Commercially Useful Functions (CUF) is required on all DBEs (race conscious or race neutral). Anchor: #GYOYAYNU
- 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. Anchor: #BBYIOKYU
- A copy of all DBE fully executed contract/agreement must be submitted to the AO in a timely manner. Anchor: #UUIRRCYX
- Use of joint check(s) requires prior approval by the District DBE Coordinator (DDC). Contractor must complete and forward Form 2804 “Request to Use Joint Checks,” to the AO, which will direct the form to the DDC for review and approval. Anchor: #PFSUSFGP
- Any removal, termination, substitutions, or changes to the original Utilization plan must be requested through the AO and directed to the DDC at the DCO. The contractor is still responsible for meeting the DBE goal. Anchor: #OFIIYILR
- Form 2177, “Prompt Payment Certification,” 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. (Make sure this topic is covered in preconstruction meeting and prime is fully aware of the Prompt Payment requirements). Anchor: #RDPYFUPM
- Projects let since February 2017
-
Anchor: #AOAJHLGS
- 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).
Anchor: #TBLQRNNP - Projects let prior to February 2017
-
Anchor: #MWVJCVGK
- 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. Anchor: #HQAUUAXY
- DBE Prime Contractors only: Use Form SMS.4902 for payments made to non-DBE(s) subcontractors for monthly and final reporting. Anchor: #YSELNQIJ
- DBE (Federal): Use Monthly Progress Reports ( Form SMS.4903) and Final Report ( Form SMS.4904). Include all payments made to race-neutral DBEs.
EEO, Training, and Labor Compliance
Equal Employment Opportunities (EEO) Compliance
- Anchor: #BLFPYHOH
- Requirements are contained in the
following special provisions.
- Anchor: #YAAMBAYO
- Required Contract Provisions Federal-Aid Construction Contracts ( Form FHWA 1273). Anchor: #MUAEBNTT
- Standard Federal EEO Construction Contract Specifications ( Executive Order 11246) - including Form FHWA 1391 - Certification of Nondiscrimination in Employment and Notice of Requirement for Affirmative Action to Ensure EEO (Executive Order 11246). Anchor: #GAVPJTEU
- The Federal Aid Construction Contractors Annual Report ( FHWA Form 1391) is required from the contractor and all subcontractors in accordance with the FHWA-1273. Instructions are sent directly to each contractor from TxDOT Civil Rights Division (CIV) and data is entered in DMS and monitored by DCO. FHWA Form 1392 is submitted to FHWA to report EEO data based on the Form 1391.
Anchor: #IHUYNGUH - In addition, the applicable wage determination, the DBE or SBE special provision, and the prompt payment requirement must be physically included in subcontract agreements. Anchor: #QWHDVFOA
- Form FHWA-1273 must be physically attached to all federally assisted contracts, subcontracts, and purchase orders of $10,000.00 or more. Anchor: #EDOCTPXE
- The contractor must designate an EEO Officer in accordance with the FHWA 1273.
On-the-Job Training (OJT)
- Anchor: #RRFSXGPH
- Special Provision 000-006, OJT Program, incorporated into all Federally Funded highway improvement contracts. Anchor: #SOBSCTSI
- TxDOT's 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
- Anchor: #GRKBRFQL
- 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
- Anchor: #RHUUQVHH
- Payroll records certifying compliance with the contract’s minimum wage rates, overtime and payroll deduction requirements must be submitted within 7 calendar days (weekly) on construction projects. Submit payroll records to the Engineer in the manner prescribed by the Department.
Bulletin Board Requirements
- Anchor: #GQUPUSNV
- The USDOL, FHWA, and U.S. Department of Transportation (USDOT) required certain posters to be posted on bulletin boards in places accessible to the employees on a job site. This is required for the contractor and any subcontractors with a contract greater than $10,000. The posters should be posted at the beginning of construction. The bulletin board requirements apply to all construction contracts. Anchor: #RKRMGRVC
- EEO officer's name and contact information for prime and all subcontractors must be posted on the bulletin board.
EEO Meeting Requirements
- Anchor: #WDFEYYDB
- 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.
Other Matters
- Anchor: #TQOIUTNC
- Procedures
-
Anchor: #NCICDYIA
- Shop drawings Anchor: #PNXUBFIX
- Guide - All shop drawings should be submitted electronically
Anchor: #MQBFJUKS - Contacts – List of all dedicated shop plan addresses Anchor: #GYCAVAJF
- Erection details Anchor: #TWLPPCEH
- Forming details Anchor: #INFKUXRJ
- Audits – The District and AO will perform periodic audits of project paperwork and notify the contractor in writing of deficiencies. Anchor: #MSWJOSNX
- TxDOT requires the submission of Form 1295 prior to change order execution in SiteManager at any time an existing contract awarded by the District Engineer or Chief Engineer 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.
Comments and Adjourn
- Anchor: #FEHNKWVV
- Summary and follow up.
- Anchor: #OIWEUCTE
- Close Pre-Construction
Conference:
- Anchor: #NXSQJXLV
- May include a summary, comments, action items, or topics that need a follow up.
Anchor: #MIIWVRMA - Safety Meeting:
-
Anchor: #WICHXFRA
- The safety meeting agenda can be found on Form 2796. Anchor: #DYCXHPPA
- More information on the safety meeting can be found in CCAM Chapter 3, Section 5, “Preconstruction Safety Meeting.” Anchor: #PINLCNIY
- For more information on construction safety, see Health and Safety Items and Article 7.2.4, “Public Safety and Convenience.”
Anchor: #MRLWSWDB - Include the following completed attachments
with the preconstruction meeting notes:
- Anchor: #QFYAIEUP
- Attachment
A – TxDOT Form 2795, “Contractor Staff Designee Submission”
The contractor must submit Form 2795, “Contractor Staff Designee Submission,” at the preconstruction meeting, unless otherwise agreed. The completed form will be part of the Form 2796 attachments as “Attachment A.” This form is required for all projects starting with May 2020 letting.
The contractor’s required contacts include the Superintendent, Contractor Safety Point of Contact, DBE Liaison Officer, SBE Liaison Officer, Payroll Officer, CRP, CRP alternate, Flagger Instructor, Project Scheduler, CRPE, and CRPE alternate. Their name, phone number, and email must be listed on the form.
The form also includes an assurance statement stating that all required trainings have been completed in accordance with contract specifications. This includes training for flaggers, environmental, other work zone personnel, and law enforcement, among others. The associated certifications are not required to be submitted at the preconstruction meeting, but they should be made available upon request. The certifications may be collected throughout the audit process or may be requested at any time if there’s an issue.
If a contractor has a change in personnel, a new form submission isn’t needed. The contractor may send an email to inform the AO of the updated staff. The AO should include this information with the project records.
Anchor: #KWMFARLE - Attachment B – TxDOT Form 2390, “Escalation Ladder” Anchor: #XVOVNTNN
- Attachment C – TxDOT Form 2391, “TxDOT – Contractor Project Pledge” Anchor: #APVAPDJU
- Attachment D – If needed, Environmental
Special Issue Attachments
The last attachments in Form 2796 includes any additional documents that may needed. This can include specifics about endangered species in the project among other information that Environmental Affairs Division (ENV) may need to share. This may also include any permits that are required.
- Attachment
A – TxDOT Form 2795, “Contractor Staff Designee Submission”
The Form 2796 also includes the following.
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- TxDOT’s Required Documentation
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- List of TxDOT responsible contacts, important project dates and general project information. Anchor: #IGSBKWYE
- If applicable, third-party information needed.
Anchor: #COFUTASE - Prime Contractor’s Required Documentation – Information Sheet listing required documents needed prior to the preconstruction conference. Anchor: #VIDCBVWM
- Sign in Roster – Used for attendees to sign in.
Suggested Preconstruction Seal Coat Topics
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- Schedule and Time
Charges
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- Establish the start date (including latest start date) and proposed work sequence.
Anchor: #KUCBDUYA - Roadway Preparation
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- Based on the sequence and schedule, review if all roads are ready to be sealed. Anchor: #FVWCSRJJ
- If all roads are not prepared, discuss timeline to finish prep work and adjustments to the proposed sequence. Anchor: #QFDXPDTB
- If repairs require a change in sequence, discuss the time impact to the proposed schedule. Anchor: #HCTQBAXE
- Go over potential impacts that roadway repairs (i.e. strips seals, crack seal, etc.) will have on asphalt rates for a section of roadway. Anchor: #SCQIPAYX
- Determine a point of contact for updates on late repairs. Anchor: #ODTBCGDU
- Are there areas where thermoplastic has built up and needs to be removed prior to seal coat? If so, determine means of removal.
Anchor: #XCVKXBUU - Asphalt and Aggregate Rates
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- Review Aggregate plan spread rates per grade of rock. Anchor: #PGJDGDDA
- Establish a plan for adjusting aggregate and asphalt rates in the field. Clarify the level of authority TxDOT field personnel have to adjust those rates before escalation. Anchor: #YCFEANCY
- Go over factors that can affect the planned asphalt rate such as traffic, time of year, temperature, type of asphalt, grade and type of aggregate, and roadway conditions.
Anchor: #FDAIMFAH - Barricades and Traffic Control
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- Discuss traffic control that will be used when existing pavement markings are removed and tabs are being placed. Anchor: #QGYAADKW
- Discuss traffic control for intersections. Anchor: #NAYQJSSH
- Discuss importance of covering signs when condition(s) are not present. For example, NO CENTER STRIPE and LOOSE GRAVEL should not be visible when those conditions do not exist Anchor: #JAFAQPRT
- Discuss locations and/or situations that will necessitate unique Traffic Control. This should include items such as school zones, intersections, high volume roadways, work in cities/towns, etc. Anchor: #VRCPVNEE
- Clarify the process to remove barricades from a section of roadway. Items to include should be partial acceptance procedure, placement of striping, punch list work, and when all barricades can be removed. Anchor: #VVDWIODK
- Discuss roadway closure procedures.
Anchor: #UJEVBFNS - Pavement Markings
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- Verify the required asphalt cure time needed before placement of permanent pavement markings will be allowed. Anchor: #LODGVQTN
- Discuss any proposed pavement changes (i.e., new turn lanes). Anchor: #UTUFJYUI
- Discuss the potential impact of weather and placement of centerline markings as it relates to the 14-day striping requirement. Anchor: #KSJPXRJC
- Discuss time suspension for pavement curing. In addition, establish if there is a need for additional pavement markings or changes to existing markings. Anchor: #TYVYNLNQ
- Discuss other items such as removal of existing stripe, the use of temporary markings, and the placement of different marking types (i.e., profile markings).
Anchor: #RFDXFRVR - Payment for Asphalt and Aggregate
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- On jobs where aggregate is paid by the ton, review how to pay for partial loads that are transferred from one job/reference section to another. Anchor: #CWPCFCCN
- Review options to measure Asphalt Distributors to confirm asphalt rates. Examples are strapping, distributor gauges, distributor computers, or a combination of these items. Documentation of distributor calibration and spray bar is also vital. Anchor: #VOSMLTNP
- On jobs where aggregate is paid by the cubic yard (CY), review items such as premeasurement of trucks, verification of aggregate placed based upon agreed measured truck volume, and the striking off of loads. These are critical items to determine before work begins. Anchor: #UIFGNSMD
- Discuss dry/loose unit weights of all aggregate and the anticipated conversion factor. Anchor: #XWQTUCXJ
- Confirm aggregate MOH quantities per reference section. Confirm plan rates/plan quantity of aggregate. Anchor: #XWDWAAYI
- Review how field adjustments in aggregate/asphalt rates or reductions in square yards impact the contractor and how the excess aggregate on hand is compensated. Anchor: #MMBVGTTA
- Discuss how remainder aggregate not carried forward is to be handled. Anchor: #LUAFWOVN
- If remainder of aggregate is to be bought by TxDOT, determine measurement of quantities.
Anchor: #CFSJNMJG - Corrective Measures
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- Major corrective measures should be addressed prior to leaving a roadway or reference section. Anchor: #WKJCGJWM
- Patching, stockpile condition acceptance and other items related to clean up should be discussed with contractor representatives prior to leaving a roadway or reference section.
Anchor: #HLCOMNYY - Miscellaneous
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- Discuss shared ownership of the contract (partnership) and that the outcome of the work reflects on both TxDOT and the Contractor. Anchor: #DEFNHDHT
- Include suppliers at the preconstruction meeting and at the job site. They have a vested interest in the performance of their product and often provide helpful insight. Anchor: #RABQBEGR
- Review the Seal Coat Manual and include printed copies on the job site. This is a helpful resource to all parties involved.
General Information
Unless otherwise indicated in this manual or the Standard Specifications, a signature from an authorized signer is required for any crucial project changes and preferred for notifications.
Refer to the Prime Contractor Performance Evaluation (PCPE) Manual, Chapter 2 Section 6, for the process on accessing contractor signature authority.
The contractor sets their signature authority list when they qualify through the prequalification paperwork; it is an annual renewal and tracked by the CST Construction and Maintenance Contract Letting Section (CMCL). Should the contractor need to make a change to the list of authorized signers in the interim, there are three methods available:
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- Sending an email from the email address identified on their prequalification paperwork. Anchor: #XABPOVMA
- Signed letter from a current authorized signer on behalf of the contractor making the request for a new individual to be added/removed (can be scanned and emailed). Anchor: #YDKDGCAX
- Legal documents enforcing an individual’s ability to sign all documents on behalf of the contractor (can be scanned and emailed).
Requests are submitted by the contractor to one of the following:
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by email: CST_Prequalification@txdot.gov or
by mail: 125 E. 11th Street, Austin, TX 78701-2483
NOTE: CMCL only tracks full signature authority and only lists an individual that has the authority to sign any and all legal documents on behalf of the contractor. If there is any negotiable clause such as “for change orders” or “guardrail contracts”, then that person will not be added.