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Manual Notice: 2023-1

From: Duane S. Milligan, P. E., Director, Construction Division

Manual: Construction Contract Administration Manual

Effective Date: November 22, 2022

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Purpose

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

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Contents

General

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  • Removed all references to Form 2235, as that form is no longer used.
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    • The forms referred to in the CCAM will also be posted for external view.

Chapter 1, “Introduction”

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  • Section 2, “Manual Description”
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    • Revised Manual Structure Table to include chapter titles and correct descriptions.
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    • Added guidance on how to access and make changes to the contractor's signature authority list.
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    • Replaced “vendor” with “contractor” under the General Information subsection.

Chapter 2, “Pre-Award Activities”

Chapter 3, “Post-Award Activities”

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  • Section 2, “Legislative Notification Requirements”
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    • Added guidance to clarify the use of the template project letters to state legislators.
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  • Section 3, “Beginning of Work”
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  • Section 4, “Preconstruction Conference”
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    • Renamed Section 4 title from “Preconstruction Meeting” to “Preconstruction conference.”
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    • Added “Other topics as appropriate.”
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    • Added “Corresponding to the contract.”
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    • Added SP000-954 and SP000-1019 and hyperlinks.
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    • Replaced Form 2178 with Form 2804.
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    • Clarified the attachments being referenced belonging to Form 2390.
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    • Removed “Another form was also developed for submitting contact information for the contractor's required staff” from Attachment A subsection.
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    • Replaced “required parties” with “attending parties.”
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    • Removed “to remain in force for the entire project” from the Materials section of the Suggested Preconstruction Meeting Topics table.
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    • Removed “Carbon Copy Format” from the Law Enforcement section of the Suggested Preconstruction Meeting Topics table.
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    • Reworded the last bullet in the Other Matters section of the Suggested Preconstruction Meeting Topics table to match the Special Provision.
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    • Removed “Go over items that will necessitate adding time to the contract” in the Pavement Markings section in the Suggested Preconstruction Seal Coat Topics list.
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  • Section 5, “Preconstruction Safety Meeting”
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    • Removed “Conduct a preconstruction safety 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” in the Preconstruction Safety Meeting Responsibilities subsection.
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  • Section 6, “Partnering”
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    • Added “The purpose of partnering is for TxDOT and the Contractor to achieve mutually beneficial goals. TxDOT should not use the partnering process to circumvent contract provisions.”

Chapter 4, “Project Records and Closeout”

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  • Section 1, “Importance of Accurate Records”
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    • Removed the first bullet under the Electronic Records subsection and replaced with “provide observed information daily.”
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    • Added guidance for, “Project Record Reviews.”
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  • Section 3, “Traffic Control Plan”
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    • Added guidance about off duty police officer force accounts and 1% bond markup.
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    • Updated guidance to reflect that payment for law enforcement coordinators is appropriate.
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    • Clarified to take corrective actions upon receipt of Form 599.
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    • Clarified criteria notifying the Department at least 180 days before an event will be held.
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  • Section 4, “Project Records”
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    • Added information that is to be included with final plans, “final contract cost, and AE’s seal and signature.”
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    • Removed “Credit time as “TIME SUSPENSION” (if approved) or other applicable credit reason may be used.”
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    • Clarified guidance on handling project records when project is complete.
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    • Clarified that the semi-annual reports time periods are from October 1– March 31 and April– September 30.
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  • Section 5, “Project Closeout”

Chapter 5, “Control of the Work”

Chapter 6, “Control of Materials”

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  • Section 3, “Buy America”
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    • Added “Form 1818 is still required on 100% State Funded Projects regarding amendment 223.045.”
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    • Included Project Records Checklist link as a reference for Buy America requirements.

Chapter 7, “Changes to the Contract”

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  • Section 1, “Change Orders”
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    • Removed “in accordance with SP 000-384”
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    • Added “once the Contractor completes the Form 1295 on the Ethics Commission website, the Contractor should print the form and complete the remaining requested information on the hard copy. Once that information is completed on the hard copy form, the Contractor should provide that to the District and upon receipt the District then logs onto the Ethics Commission website and acknowledges the Contractor's Form 1295.”
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  • Section 2, “Change Order Approval Authority”
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    • Replaced reference to the Franchise Memo with reference to Standard Operating Procedure No. 01-22 (SOP).
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  • Section 3, “Force Account and Interim Adjustments”
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    • Added “Taxes” section to include guidance on sales tax and services.
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  • Section 5, “Terminations”
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    • Added “by adding only the acceptable costs for termination and work performed since the last progress estimate, if any. Do not zero-out the remaining items of the contract. The CO should include the applicable CO reason code for Termination (7A-7G) as the primary CO reason.”
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    • Removed “reducing the affected quantities of work and adding acceptable costs for termination.”
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    • Added “Then process the final estimate to release the project from further SiteManager actions.”

Chapter 9, “Legal Relations and Responsibilities”

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  • Section 2, “Employee Responsibilities”
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    • Revised subsection title from “Protection of Adjoining Property” to “Protection of Adjacent Property.”

Chapter 10, “Prosecution and Progress”

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  • Section 3, “Subcontracting”
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    • Added a table with instructions on how to access list of E-Verify Participants.
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    • Removed “Do not adjust any contract requirements that are related to the original contract amount, such as DBE goals.”
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    • Removed Per 23 CFR 635.116(a) FHWA form 11273-VI, “Subletting or Assigning the Contract”.
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    • Revised “Per 23 CFR 635.116, the Contractor is to perform the work defined in the contract by installing the pay items, not to provide contract administration oversight (which is not a pay item and not part of their contract). The prime contractor must perform at least 30% of the contract work using their own company resources. Mobilization does not count towards performing 30% of the contract.”
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  • Section 5, “Temporary Suspension of Work or Work Day Charges”
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    • Clarified that work activities on critical path may not be performed during time suspensions.
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  • Section 6, “Construction Project Timelines”
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  • Section 8, “Default of Project”
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    • Removed “it is important to track the costs of performing this work so that the documented expenses can be properly charged to the surety” and added guidance to clarify.

Chapter 11, “Measurement and Payment”

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  • Section 2, “Issues Affecting Payments”
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    • Added “Force account work is described under Chapter 7, Section 3-Force Account and Interim Adjustments to the Contract.”
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    • Added “generating estimates monthly until the final estimate/payment is generated.”
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    • Added “including zero dollar and negative amounts” “See Chapter 4, Section 5 Project Closeout for final estimate”
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  • Section 3, “Prompt Payment”
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    • Added guidance for Tex. Gov. Code §2253.041, “Public Work Performance and Payment Bonds.”
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    • Removed “Also refer to the prompt payment flow chart provided in Chapter 17.”

Chapter 12, “Environment”

Chapter 14, “Small Business Programs”

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  • Section 1, “Program Overview”
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    • Added “The DBE goal applies to the final value of the original contract requirements. The DBE goal also applies to all change orders which increase or decrease the final value of the contract. Refer to Chapter 1, Section 1, in the Prime Contractors' Compliance Guide.”

Chapter 16, “FHWA Oversight Requirements”

Chapter 17, “Forms and Documents”

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Supersedes

This publication supersedes prior versions of the manual.

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Contact

For any questions or assistance please contact Construction Division's Construction Director, Carlos J. Rodriguez, P.E., at (512) 416-2512.

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Archives

Past manual notices are available in a PDF archive.

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