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Ohio Department of Transportation

w w w. t r a n s p o r t a t i o n . o h i o . g o v

John R. Kasich, Governor • Jerry Wray, Director

Local Government Programs

Andrea Stevenson, Local Programs Manager

Jeff Peyton, Local Projects Coordinator

ODOT Office of Systems Planning and Program Manager

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LPA Administered Projects

Supervision and Staffing -

• Compliance with all applicable Federal and State requirements.

• The local public agency is adequately staffed and suitably

equipped to undertake and satisfactorily complete the work.

• Local public agency shall provide a full-time employee of the

agency to be in responsible charge of the project.

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• “Person in Responsible charge” means:

• Aware of day-to-day operations on the project

• Aware of and involved in decisions about changed conditions that require change orders

• Aware of qualifications, assignments, performance of consultant staff at all stages of the project

• Visiting the project on a frequency that is commensurate with the magnitude & complexity of the project.

Locally Administered Projects

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Person in Responsible Charge

vs.

Construction Project Engineer (CPE)

The “Person in Responsible Charge” must be a

permanent employee of the Local Agency.- Not required to have an Engineering License but may also act as the

Construction Project Engineer (CPE) if Licensed to do so.

The CPE can work under contract or agreement for the LPA,

but cannot serve as the “Person in Responsible Charge”

unless permanently employed by the LPA.

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LPA Communication to ODOT

Pre-con notifications (Coordinate date)

Progress Meetings

Regular Status updates

- Weekly or Bi-weekly -

Change Order notifications – All

Final Inspections – Walk through

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Preconstruction Conference• Discuss the details of project construction –

• Project Staffing / Contacts

• List of Material Suppliers

• Plan and Proposal Notes / As Per Plan Items

• Progress Schedule / Completion

• Method of Payment – Direct by ODOT or thru LPA

• Change Order Review / Claims Process

• Status of Utility Relocations / Railroad Coordination

• Prevailing Wage / EEO / DBE Responsibilities

• EPA Commitments

• Maintenance of Traffic – Any closing of the road

• Erosion Control

• Set up a date with the ODOT Construction Monitor (Jon Milesky)

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Progress Meetings

• Frequency based on project complexity.

• Minimum requirement of one per month. (while work is being performed)

• Attendance at progress meetings is required for the Contractor’s Superintendent, Construction Project Engineer and others including Subcontractor representatives, suppliers, utilities, and railroads.

• The CPE must record minutes and provide them to attendees, and ODOT should the Department not be in attendance.

• Agenda should include –• Outstanding Issues

• Safety

• Work in Progress – Look Ahead

• Progress Schedule – Critical Path Activities / Completion Date

• Critical / Non-Critical Delays / Time Extensions

• RW / Utilities / Environmental Commitments

• Testing / Materials

• Project Submittals

• Dispute Resolution / Claims

• DBE

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Administration and

Documentation

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• Schedules

• Correspondence

• Change Orders

• Invoices

• Property Owner Agreements

• Complaint Log

• Finalization

• Plan Revisions

• Right-of-Way

• Railroad

• Utilities

• Other

• Materials

• Daily Diaries

• Certified Payrolls

Project Files

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Project Documentation

Major areas of documentation

• Daily diaries or Inspector’s daily reports

• Method of Measurement & Basis of Payment

• Materials submittals

• (certificates of compliance, test reports, etc)

• Shop drawings

• NPDES/environmental compliance

• Work Zone safety & traffic control

• Change Orders, Extensions of Time

• Claims

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Documentation Best Practices

• State facts, not opinions (include digital photos)

• Maintain organized support documents

• Job Progress Meeting Minutes

• Utility Meeting Minutes

• Referenced Memos or Reports by Others

• Materials Inspection Reports

• Inspector’s reports

- Daily Diaries

- Inspection forms and pay item summaries

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Project Diaries• Complete, concise, accurate

• Factual (no hearsay)

• Signed & dated by inspector

• Major items to include:

• Items of work

• Weather• Contractors & Equipment• Traffic control – MOT

• NPDES• Testing• Compliance issues• Measurements• Pay quantities

• Decisions made on-site• Force account work

• WHY?? Legal document for

Disputes, Claims, Audits, etc.

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Project Diaries

Document the actual pay item(s) of work performed each day.

- Include the appropriate C&MS Item number

- Also include the Project Reference number

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Materials Acceptance

• All materials incorporated into the Work need to be

documented.

• Use C&MS Section 700 for documentation guidance

“700 Minimum Requirements for Sampling Materials”

(Page 663 of the 2016 C&MS)

• Temporary materials are to be documented in this manner as well.

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Materials Acceptance

• Make sure the Contractor provides a list of materials to you at the preconstruction meeting per C&MS 108.02

• The Prime Contractor must provide a list of materials to be used by all of the subcontractors as well.

• The (CPE) Construction Project Engineer is responsible for ensuring ALL materials are approved before use on site.

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Reference / Pay Item Files

• Provide individual folders for each Pay item of work.

Include all required materials documentation in the folder.

This simplifies the auditing process.

• Field Documentation Inspection Forms

• Seven identifiers

• Project Number, Item Number, Plan Reference Number, Work Description, Location, Date, Signature

• Plan quantity vs. Actual Quantity?

• Don’t just pay plan quantity.

(Often becomes a red flag when auditing)

• Properly document field measurements and calculations.

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Reference / Pay Item Files

• Summarized final quantity sheet in each Pay item Folder

Include Dates of work, Locations, Daily Payment Amounts

and the Running Totals to date.

Summary sheets should cross check with the inspector’s

Daily Diary Entries.

• Non-performed items still require documentation

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Change Orders

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Change Orders

Read, Understand, and follow C&MS 109.05

Know how to determine State Average Prices and Comparables.

Follow The LPA Manual of Procedures,

Refer to Appendix “K” and “L”

Footer (use Insert>Headers & Footers to change)

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• Original Contract prices adjusted for increases or decreases in material costs, labor costs, or equipment costs.

• State-wide average unit prices.

• Average price awarded on three different projects of similar work and quantity.

• Prices computed by Office of Estimating.

• Cost analysis of labor, material, equipment, and allowed mark-ups.

• Cost analysis of compensable delays.

• CMS 105.09.C Force Account

• Last resort, only use when unit prices can not be agreed upon.

CMS 109.05.B Negotiated Prices

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• Obtain the Construction Monitor’s Prior concurrence for all“significant” change orders.

• “Significant” change orders are as follows:

$25,000 for projects <$500,000

Lesser of 5% of total bid contract or $100,000 for projects >$500,000

Over $500,000 ($25,000+2.5% of invoice over amount over the $500,000

Changes that impact project limits, scope, environmental, or structural design

Change Orders

Footer (use Insert>Headers & Footers to change)

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LPA Invoicing

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Pay Items that are NOT eligible for

Reimbursement?

• Does your project have funding splits or include

different reimbursement percentages?

• Know what items of work are Eligible and those that are not.

Urban Paving projects (Curb to curb, Top 3-1/2” of Pavement)

Extra work?

Decorative/ Local preference items? (light poles, banners etc.)

Work beyond original scope or outside the R.O.W?

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Submitting Invoices to ODOT:

Local Let Summary and Payable Invoice (LLS&PI)

Don’t just sign and send !!

The CPE or Person in Responsible Charge has an obligation to

review and insure that the reimbursement amounts are true and

accurate.

Does everything make sense??

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Submitting Invoices to ODOT:

By signing and dating, you are attesting that you have

audited all the calculations and quantities for payment.

ODOT personnel discover numerous errors that are

simply unacceptable.

Invoices with errors will be rejected and sent back for

revision.

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Submitting Invoices to ODOT Dist-08

All reimbursement submittals should be sent Directly to

the District LPA Construction Monitor:

ODOT

Jon Milesky, PE, PS

505 South SR. 741

Lebanon, OH 45036

Include Original and Two complete copies of the Contractor or

Consultant’s Invoice with all pertinent support documentation.

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Project Close Out

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Project Closeout• Once the contractor completes the project to the satisfaction of

the CPE/Person in Responsible Charge a final inspection shall be completed within 10 days.

• Final Inspection Team should include –

• CPE / LPA Person in Responsible Charge

• ODOT CM / Jon Milesky

• Contractor – Invited but not required

• If applicable, a punch list shall be included in the final inspection report.

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Project Closeout

• Prepare and Self Audit Contract Quantities and Materials documentation.

• Do you have sufficient Support Documentation for final quantities? For every Line item?

• List of approved final quantities sent to Contractor for concurrence

• Final Change Order for adjustments

• Final Material Acceptance

• Review project testing and acceptance records to support each final quantity

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Project Closeout

Final Report to ODOT should include:

• Final Invoice(s) which reconciles individual pay items to final quantities (Always Required) even if there is $0.00 reimbursement remaining from ODOT/FHWA

• District Construction Inspection Report (Jon)

• Affidavit of DBE/EDGE Subcontractor (Appendix R)

• Final Completion Report from LPA (Appendix P)

• All Final paperwork including payment requests and invoices need to be completed within 6 Months of The Work Completion Date.

( Don’t make it ODOT’s problem to remind you )

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Contract Administration: Opportunities for Improvement

Regular Communication from (LPA) PE’s/PM’s

to ODOT Construction Monitor.

Schedule and perform regular meetings as required.

Give District CM’s weekly or bi-weekly status

updates on your project. (Emails works best.)

Use the proper PID# when sending correspondence

to ODOT.

Close out projects in a timely manner.

This doesn’t mean June or July of the following year.

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Main sources of information specific to LPA Projects:

Local Programs Home Page

http://www.dot.state.oh.us/Divisions/Planning/LocalPrograms/Pages/default.aspx

LPA Construction Contract Administration

http://www.dot.state.oh.us/DIVISIONS/CONSTRUCTIONMGT/LPACONSTRUCTIONCONTRACTADMINISTRATION/Pages/LPAConstructionContract

Administration.aspx

Other Reference Sites:

ODOT 2016 Construction and Materials Specifications

http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2013-Online-Spec-Book.aspx

ODOT 2016 Construction Inspection Manual of Procedures- step by step inspection guide

http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2013-Manual-of-Procedures.aspx

Materials and Testing Info:

C&MS 700 Section: Material Requirements Matrix

http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Specifications/2013CMS/700/700.htm

Office of Materials Management- Approved sources, Certified Suppliers, QPL items, etc.

http://www.dot.state.oh.us/Divisions/ConstructionMgt/Materials/Pages/default.aspx

Local Let Material Procedures, Guidelines, and Documents

http://www.dot.state.oh.us/Divisions/ConstructionMgt/Materials/Pages/Localprojects-Rev.aspx

2010 Sampling and Testing Manual

http://www.dot.state.oh.us/Divisions/ConstructionMgt/Materials/STM2010/Forms/PUBLIC.aspx

Miscellaneous:

Division of Planning/ Office of Estimating

ODOT Historical Bid Items- State Average Prices, Comparable Bid info

http://www.dot.state.oh.us/Divisions/Planning/Estimating/Pages/Bid_Histories.aspx

PW, EEO and DBE information

http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/DBE.aspx

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Questions