Manual Notice: 2023-1
From: Duane S. Milligan, P. E., Director, Construction Division
Manual: Construction Contract Administration Manual
Effective Date: November 22, 2022Anchor: #KGRYLWNX
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.Anchor: #BTTDUCOM
- Anchor: #LNBOFXCK
- Removed all references to Form 2235,
as that form is no longer used.
- Anchor: #HKNBRHHH
- The forms referred to in the CCAM will also be posted for external view.
Chapter 1, “Introduction”
- Anchor: #QRJATYDI
- Section 2, “Manual Description”
- Revised Manual Structure Table to include chapter titles and correct descriptions. Anchor: #AFJYQMUK
- Added guidance on how to access and make changes to the contractor's signature authority list. Anchor: #SDOXEVME
- Replaced “vendor” with “contractor” under the General Information subsection.
Chapter 2, “Pre-Award Activities”
- Anchor: #PYPOHIQO
- Section 1, “Overview”
- Clarified that bridge as-builts can be shared on the FTP site. The only exception to this would be in the case when the plans requested are for a Critical/Safety Sensitive structure. Refer to Open Records Request Guidance for Bridge Information. Anchor: #LFNHFJOB
- Clarified that Form 2519 is a request form and not a release form. Anchor: #QVLNNFKD
- Updated Form 2900 reference to webpage link.
- Section 3, “Pre-Bid Conference”
- Added examples of procedural errors
Chapter 3, “Post-Award Activities”
- Anchor: #CACOOYJY
- Section 2, “Legislative
- Anchor: #WJIUMWSC
- Added guidance to clarify the use of the template project letters to state legislators.
- Section 3, “Beginning of Work”
- Clarified Article 8.1, “Prosecution of Work.” Anchor: #XUNSRKCF
- Clarified CMCL will provide the contract documents to the contractor and district.
- Section 4, “Preconstruction
- Anchor: #XQEDQKPR
- Renamed Section 4 title from “Preconstruction Meeting” to “Preconstruction conference.” Anchor: #NCCYCASY
- Added “Other topics as appropriate.” Anchor: #XWLGDHFS
- Added “Corresponding to the contract.” Anchor: #MKNYUUKI
- Added SP000-954 and SP000-1019 and hyperlinks. Anchor: #LKVRKAPT
- Replaced Form 2178 with Form 2804. Anchor: #UYTABTIC
- Clarified the attachments being referenced belonging to Form 2390. Anchor: #VQDSBJSO
- Removed “Another form was also developed for submitting contact information for the contractor's required staff” from Attachment A subsection. Anchor: #UPBCSIOJ
- Replaced “required parties” with “attending parties.” Anchor: #HLPMCYAC
- Removed “to remain in force for the entire project” from the Materials section of the Suggested Preconstruction Meeting Topics table. Anchor: #EDXUCMXV
- Removed “Carbon Copy Format” from the Law Enforcement section of the Suggested Preconstruction Meeting Topics table. Anchor: #MLUAOKCQ
- Reworded the last bullet in the Other Matters section of the Suggested Preconstruction Meeting Topics table to match the Special Provision. Anchor: #FBLVLWDU
- 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.
- Section 5, “Preconstruction
- Anchor: #UJJIVNWV
- 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.
- Section 6, “Partnering”
- 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”
- Anchor: #FPVNHLEC
- Section 1, “Importance
of Accurate Records”
- Anchor: #XYSJGJDY
- Removed the first bullet under the Electronic Records subsection and replaced with “provide observed information daily.” Anchor: #RVKQXEEP
- Added guidance for, “Project Record Reviews.”
- Section 3, “Traffic Control
- Anchor: #XDYITJOC
- Added guidance about off duty police officer force accounts and 1% bond markup. Anchor: #JHVFDMJJ
- Updated guidance to reflect that payment for law enforcement coordinators is appropriate. Anchor: #EWHTHNHI
- Clarified to take corrective actions upon receipt of Form 599. Anchor: #LKRXANXR
- Clarified criteria notifying the Department at least 180 days before an event will be held.
- Section 4, “Project Records”
- Added information that is to be included with final plans, “final contract cost, and AE’s seal and signature.” Anchor: #SJMJGSBF
- Removed “Credit time as “TIME SUSPENSION” (if approved) or other applicable credit reason may be used.” Anchor: #MXGANQFF
- Clarified guidance on handling project records when project is complete. Anchor: #RMLCYDCS
- Clarified that the semi-annual reports time periods are from October 1– March 31 and April– September 30.
- Section 5, “Project Closeout”
- Clarified Form 2802 is for projects let May 2020. Anchor: #VXPNAWSK
- Removed “required for both day and night inspections each month” from #22. Anchor: #RHMUTGPN
- Revised to include the correct USC reference for Form 599, 23 USC 407 Anchor: #KPWOPUDO
- Included District project reviews in checklist
Chapter 5, “Control of the Work”
- Anchor: #LASMCDSC
- Section 2, “Work Documents”
- Revised to include the correct USC reference for Form 599, 23 USC 407.
Chapter 6, “Control of Materials”
- Anchor: #YHFFTHRX
- Section 3, “Buy America”
- Added “Form 1818 is still required on 100% State Funded Projects regarding amendment 223.045.” Anchor: #NYBCPINR
- Included Project Records Checklist link as a reference for Buy America requirements.
Chapter 7, “Changes to the Contract”
- Anchor: #TPAGCWGT
- Section 1, “Change Orders”
- Removed “in accordance with SP 000-384” Anchor: #YBRJUDCJ
- 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.”
- Section 2, “Change Order Approval
- Anchor: #ORTNQESH
- Replaced reference to the Franchise Memo with reference to Standard Operating Procedure No. 01-22 (SOP).
- Section 3, “Force Account and
- Anchor: #DYEKUYLN
- Added “Taxes” section to include guidance on sales tax and services.
- Section 5, “Terminations”
- 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.” Anchor: #AFAODWXW
- Removed “reducing the affected quantities of work and adding acceptable costs for termination.” Anchor: #JXVONAUM
- Added “Then process the final estimate to release the project from further SiteManager actions.”
Chapter 9, “Legal Relations and Responsibilities”
- Anchor: #MUCUWXTO
- Section 2, “Employee Responsibilities”
- Revised subsection title from “Protection of Adjoining Property” to “Protection of Adjacent Property.”
Chapter 10, “Prosecution and Progress”
- Anchor: #WCGXRIXA
- Section 3, “Subcontracting”
- Added a table with instructions on how to access list of E-Verify Participants. Anchor: #VDTMTKOT
- Removed “Do not adjust any contract requirements that are related to the original contract amount, such as DBE goals.” Anchor: #PPUISUBX
- Removed Per 23 CFR 635.116(a) FHWA form 11273-VI, “Subletting or Assigning the Contract”. Anchor: #HWCMUNBD
- 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.”
- Section 5, “Temporary Suspension
of Work or Work Day Charges”
- Anchor: #VFKGVQJT
- Clarified that work activities on critical path may not be performed during time suspensions.
- Section 6, “Construction Project
- Anchor: #WNSMJNYG
- Added Best Practice notation and included email reference link.
- Section 8, “Default of Project”
- 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”
- Anchor: #NMAWWXAV
- Section 2, “Issues Affecting
- Anchor: #PYNNPBME
- Added “Force account work is described under Chapter 7, Section 3-Force Account and Interim Adjustments to the Contract.” Anchor: #EUIXQMGO
- Added “generating estimates monthly until the final estimate/payment is generated.” Anchor: #MDSLOOQY
- Added “including zero dollar and negative amounts” “See Chapter 4, Section 5 Project Closeout for final estimate”
- Section 3, “Prompt Payment”
- Added guidance for Tex. Gov. Code §2253.041, “Public Work Performance and Payment Bonds.” Anchor: #BBVWYPYT
- Removed “Also refer to the prompt payment flow chart provided in Chapter 17.”
Chapter 12, “Environment”
- Anchor: #SLQOTPFK
- Section 1, “Hazardous
Materials or Waste”
- Anchor: #QAPJOQSY
- Included guidance from Environmental Affairs Division regarding bridge demolition and renovation activities and notifying DSHS.
- Section 2, “Biological Resources”
- Included guidance regarding protected species requirements.
- Section 3, “Water Resources”
- Clarified guidance regarding Notices of Intent. Anchor: #IPIXJJEL
- Added guidance regarding inspections and the use of Form 2118. Anchor: #TIUGQARR
- Added guidance regarding SWP3 binder. Anchor: #MHGYWVIW
- Added two bullets to clarify what project areas to include in an inspection. Anchor: #GBIXXHSB
- Removed the “TPDES Construction General Permit Notice of Termination (NOT)” subsection. Anchor: #ULHGPAYL
- Added example bullets of Work in Waters of the United States section.
- Section 4, “Cultural Resources”
- This section as a whole was rewritten to reflect pertinent codes.
- Section 5, “Project-Specific
- Anchor: #IODKHYCI
- Project-Specific Location guidance was updated.
Chapter 14, “Small Business Programs”
- Anchor: #NMBAKDSJ
- Section 1, “Program Overview”
- 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”
- Anchor: #ELQAJAVU
- Section 1, “Background”
- Clarified that the federal fiscal year is from October 1 to September 31.
- Section 4, “Change Orders”
- Clarified guidance regarding TxDIPs Stewardship and Oversight plans. Anchor: #RETGPRNS
- Reworded guidance to clarify project oversight responsibilities for Federal-Funded projects.
- Section 6, “Final Inspection
of Federal-Aid Projects”
- Anchor: #OGDEAIRW
- Removed all information pertaining to Form 2235, which is no longer used. Anchor: #FXDRIPQK
- Added guidance for final documents and reconciling project closeout.
Chapter 17, “Forms and Documents”
- Anchor: #VPYSFUXR
- Section 2, “EEO Poster/Notice
- Anchor: #YXXJHQTF
- Added Texas Workforce Commission along with weblink Anchor: #PFQRKYDE
- Removed existing Bulletin Board Checklist and replaced with the most current version.
This publication supersedes prior versions of the manual.Anchor: #UAFHNOAU
For any questions or assistance please contact Construction Division's Construction Director, Carlos J. Rodriguez, P.E., at (512) 416-2512.Anchor: #BGQJFIYO
Past manual notices are available in a PDF archive.