PRECONSTRUCTION CONFERENCE
XXX AREA OFFICE
DATE
Hour
Project # __________________
PRE-CONSTRUCTION MEETING
GUIDE & MINUTES
I. INTRODUCTION
This is a preconstruction conference between the LG Entity (LG), Contractor, and TxDOT Area
Office in Charge Area Office (TxDOT).
(Before starting, everyone needs to sign the roster.)
A. LOCAL GOVERNMENT INTRODUCTIONS
1.
Responsible Person In Charge
2. Project Engineer
3. Construction Record Auditor
B. INDIVIDUAL INTRODUCTIONS
Other attendees introduced themselves and identified their firm or organization. (For other
attendees, see attached roster).
C. PURPOSE
The purpose of this meeting is to afford key members of the LG Entity and the contractor’s
organization the opportunity to become acquainted, establish lines of communication, and
determine the responsibilities and duties of the Contractor’s personnel, subcontractors and LG
Entity personnel, clarify potential sources of misunderstanding and work out detailed
arrangements necessary for the successful completion of the contract. Emphasis shall also be
directed toward promoting greater safety to the traveling public and personnel on this
construction project.
II. REVIEW OF THE PROJECT
A. AWARD OF CONTRACT
1.
Date
2. Contractor
3. Total Bid Items
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B. PROJECT IDENTIFICATION
1.
Contract No.
2.
County
Highway(s)
Limits:
From
(Or other project description)
C. TYPE OF WORK
3.
4.
to
WORK WILL CONSIST OF: (AS AN EXAMPLE: GRADING, PAVING, DRAINAGE, BRIDGES, RETAINING
WALLS, LANDSCAPING, TRAFFIC CONTROL, SW3P, ILLUMINATION, SIGNAGE, PAVEMENT
MARKINGS AND SIGNALIZATION.
D. WORKING DAYS OR LENGTH OF CONTRACT
1.
Date of Work Order
2.
Time Charges to Begin
3.
Workweek Type
4.
Number of Working Days
(Or Calendar Days)
III. CONTRACTOR’S WORK PLAN (As applicable)
A.
B.
C.
D.
Proposed Start Date
Estimated Completion Date
Major Phases of the Contract
Detailed Progress Schedule
F. Revision
G. Work Plans
H. Criteria for working day charges
I. Field Office/Lab location
J. Special Traffic Problems
K. Subcontractors for the project
L. Railroad insurance, if required
(discuss manner in which prosecution of work
intended to complete within allotted time)
(notification required to the AE)
IV. CONSTRUCTION REQUIREMENTS
(Discuss usual requirements for water truck weight, roller qualification, truck measurements, asphalt
distributor calibration, truck weight limit, copies of papers accompanying material delivery to the project,
stump dumping, staking, earthwork, base, pavement, structures, etc)
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V. UTILITY ADJUSTMENTS
(All utilities should be clear before the letting date; however, if plans include a date when the utilities are to
be cleared, discuss adhere date shown. If utilities are not clear by the given date, discuss action. The
contractor should not damage utilities located within the ROW.)
VI. ENVIRONMENTAL CONCERNS
1.
Proactivity
LG Entity has made it a policy to be a proactive participant in the protection of the environment. It is
the intent of this office, along with the Contractor to show a “good faith effort” with regards to this
construction project and the prevention of any adverse effects to the environment during construction
activities.
2. Article 7.19-Preservation of Cultural Resources, Natural Resources and the Environment.
For all project specific locations (PSL’s) (material sources, waste sites, parking areas, storage areas,
field offices, staging areas, haul roads, etc.), the Contractor certifies by signing this contract that he
and all subcontractors will comply with all applicable laws, rules and regulations pertaining to the
preservation of cultural resources, natural resources, and the environment as issued by the following
or other agencies:
U.S. Department of Transportation
U.S. Army Corps of Engineers
U.S. Federal Emergency Management Agency
U.S. Fish and Wildlife Service
U.S. Environmental Protection Agency
Texas Department of Transportation
Texas Historical Commission
Texas Parks and Wildlife Department
Texas Commission on Environmental Quality (TCEQ)
3. SW3P Inspection & Maintenance.
All erosion and sediment control measures and other protective measures identified in the SW3P
must be maintained in effective operating condition. If through inspections the permittee
determines that BMPs are not operating effectively, maintenance must be performed within 7 days.
If maintenance prior to the next anticipated storm event is impracticable, maintenance must be
scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been
intentionally disabled, run-over, removed, or otherwise rendered ineffective must be replaced or
corrected immediately upon discovery.
4. Mitigation Requirements and Sensitive Areas
(Discuss any mitigation requirements for the contract and any environmentally sensitive areas such
as wetland, archeological finds, endangered species, etc. Allow Environmental Section to discuss
this item.)
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Asbestos Inspections/Notification for Bridge Projects
5.
The Texas Department of State Health Service (DSHS), Asbestos Programs Branch, regulates asbestos
related activities in Texas under State and Federal rules. Based on recent DSHS inspections and
regulatory review, we have confirmed that bridges are considered to be a regulated “facility”: under
Federal asbestos rules. These rules require inspection for asbestos-containing materials (ACM) and
written notification using the DSHS Demolition;/Renovation Notification Form prior to demolition
(wrecking or removal of a structural member) of any facility, even when no asbestos is present.
VII. TRAFFIC CONTROL
1.
The Traffic Control Plan and Sequence of Work are described and outlined in the plans. These
show the minimum requirements for construction signing and barricading during the course of this
project. Additional signs, barricades, flaggers, etc., may be required when and if conditions
warrant.
2.
It is the Contractor’s responsibility to both supply and maintain all necessary traffic control
devices. These devices must be standardized as to wording, size, construction, etc., as required by
the Texas Manual on Uniform Traffic Control Devices.
3.
REVIEW IN GENERAL THE PROPOSED TCP SHOWN IN THE PLANS
4.
Should the Contractor wish to modify or utilize a different Traffic Control Plan from that shown in
the plans, it will be necessary to obtain approval from LG Entity and TxDOT prior to
implementation. Requests for modifications or changes must be in writing along with any
necessary drawings.
5.
Since flaggers are responsible for the safety of both the traveling public and the Contractor’s
personnel, it is important that qualified persons be selected as flaggers. The Contractor’s
attention is directed to Part VI of the Texas Manual on Uniform Traffic Control Devices for
information on selection of flaggers and flagging procedures. All flaggers must wear an orange
vest, shirt or jacket while performing these duties.
6.
At approximately two week intervals, LG Entity will conduct formal inspections of the project’s
traffic control devices, with alternate inspections being conducted during the hours of daylight
and darkness. Informal inspections may be performed at anytime. The project inspector will
perform daily inspections. Copies of the inspection reports will be furnished to the Contractor and
any deficiencies must be corrected immediately.
Maintain traffic control devices by taking corrective action as soon as possible. Corrective action
includes but is not limited to cleaning, replacing, straightening, covering, or removing devices.
Maintain the devices such that they are properly positioned, spaced, and legible, and that retro
reflective characteristics meet requirements during darkness and rain.
If, within the time frame established by the LG’s Project Engineer, the Contractor fails to provide
or properly maintain signs and barricades in compliance with the Contract requirements, as
determined by the LG’s Project Engineer, the Contractor will be considered in noncompliance with
this Item. No payment will be made for the months in question, and the total final payment
quantity will be reduced by the number of months the Contractor was in noncompliance
The time frame established by the LG’s Project Engineer shall be 24 hours for compliance,
regardless of the days of the week involved.
To assure proper coordination between LG Entity and the Contractor concerning the Traffic
Control Plan, both LG Entity and the Contractor will appoint a person responsible for conducting
bimonthly inspections.
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LG Entity Responsible Person
Contractor’s Responsible Person
Barricade/Sign Supplier
7.
Comments:
VIII. TRAFFIC LAWS
The contractor’s attention is brought up to the fact that all Texas Traffic Laws regarding the legal limit
of axle load (legal weights) for trucks hauling materials to the site must be obeyed.
(Copies of the law can be obtained from the Department of Safety)
IX. MATERIALS
1. Sources of Project Materials
Be advised that this report needs to be submitted prior to starting work. This report needs to be
completely filled out listing the material producer and its location. If the material is coming from a
pit, list the pit’s name and location.
2. Certification Requirements
Discuss requirements for hot mix, concrete, consultant labs as required
3. Testing Requirements
Review frequency and locations as well as contractor supplied equipment.
4. Quality Control/ Quality Assurance Plan
Require to provide plans for all materials
5. STORAGE OF EQUIPMENT & MATERIALS
Mixing of materials, storing of materials, storing of equipment or repairing of equipment will not
be permitted anywhere within the R.O.W. of the project limits unless otherwise approved by the
LG’s Project Engineer in writing.
6. Inspecting and Testing
Discuss requirements for acceptance of materials.
X. LAW ENFORCEMENT
It is the responsibility of the LG’s Project Engineer 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 and how they will share traffic related
information regarding accidents, safety hazards, etc.)
XI. NEWS MEDIA
It is the intent of the LG Entity to promote greater safety to the traveling public and personnel on this
construction project by the use of media announcements.
(Discuss how educating the public about the project activities will be handled.)
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XII. SAFETY ISSUES
DATE
Hour
It is LG Entity's responsibility to monitor contract operations for conformance to the various laws
concerning safety and health. However, it is the contractual obligation of the Contractor to comply
with State and Federal construction safety standards. Further, it is the Contractor’s responsibility for
seeing that subcontractors comply with safety standards.
To document the Contractor’s Accident Prevention Program, the Contractor must answer the
following questions. (YES or NO)
a.
Does the Contractor have a definite safety program?
b. Does the program have the active and continued support of the company management?
c.
Does the Contractor make frequent safety inspections of operations on the project?
Does this include subcontractor operations?
d.
Does the Contractor discuss with his employees how to recognize and avoid unsafe conditions and
practices related to their individual work assignments?
Are periodic meetings held with employees?
e.
Are all occupational injuries and illnesses investigated by the Contractor, recorded, and reported?
f.
Does the contractor keep informed on governmental safety regulations and standards?
XIII. CONTRACTOR ESTIMATES
1. Testing Requirements
Be advised that in order to process estimates, all material used will have to meet testing
requirements prior to payment. If not all testing has been satisfied (i.e. concrete breaks) only
partial payment will be provided.
2. Project Payments
All work performed until (specify day of the month) will be eligible for payment on the monthly
estimates. Supplemental estimates will be subject to the approval of the Director of Construction
an only on extreme cases. Monthly submittal of pay requests is encouraged.
3. Payment for Material on Hand (MOH)
All materials-on-hand requests must be made by the Prime Contractor to LG Entity at least 3
working days prior to the end of the month for materials located at the site. Materials located out
of town required submittal of at least 10 working days prior to the end of the month. Any
requests received after these deadlines will not be processed on the current estimate. This will
allow the LG to have personnel verify and to certify to TxDOT that the MOH request is appropriate
for payment.
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XIV. SUBCONTRACTS
DATE
Hour
As required by the Standard Specifications, the Contractor is required to submit a letter notifying the
LG Entity of all proposed Subcontractor(s) to be used. Has the letter been submitted for each
Subcontractor? (YES or NO)
Further, Contract requires paying all Subcontractors within 10 days after receiving payment.
Contractor has to supply LG Entity with a completed Prompt Payment Form for each Subcontractor
paid by the following estimate cycle. Contractor should have forms; if not then LG Entity can provide.
In addition, a copy of all Subcontractor agreements must be submitted within 10 days from date of
pre-construction meeting. Non-compliance will result in shut down of operations.
XV. DISADVANTAGE BUSINESS ENTERPRISE/SMALL BUSINESS ENTERPRISE
As required by the Standard Specifications, this project contains a DBE goal of % DBE Goal. The
Contractor’s attention is directed to the requirements of the DBE special provision.
1. Compliance with DBE Goal
Should the Contractor have any questions or anticipates any changes to their DBE commitment,
any disputes or inability to meet the goal, he must notify the LG Entity immediately.
2. DBE Approvals
The LG Entity with concurrence of TxDOT is responsible for approving any requests from the
Contractor, for DBE removals, substitutions, and Good Faith Efforts resulting from removal of a
DBE.
3. Reporting
The Contractor is responsible to report all payments made to the DBE, regardless of commitment.
4. Joint Checks
Currently the Special Specification “Disadvantaged Business Enterprise in Federal-Aid
Construction” states the following in regard to the use of joint checks:
“5.d. If the Contractor chooses to assist a DBE firm, other than a manufacturing material
supplier or regular dealer, and the DBE firm accepts the assistance, the Contractor may act solely
as a guarantor by use of a two-party check for payment of materials to be used on the project by
the DBE. The material supplier must invoice the DBE who will present the invoice to the
Contractor. The Contractor may issue a joint check to the DBE and the material supplier and the
DBE firm must issue the remittance to the material supplier. No funds shall go directly from the
Contractor to the material supplier. The DBE firm may accept or reject this joint checking
arrangement.
The Contractor must obtain approval from the LG Entity with concurrence from TxDOT prior to
implementing the use of joint check arrangements with the DBE. Submit to the LG Entity, Joint
Check Approval Form 2178 for requesting approval. Provide copies of cancelled joint checks upon
request. No DBE goal credit will be allowed for the cost of DBE materials that are paid by the
Contractor directly to the material supplier.”
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5. Commercially Useful Function (CUF)
DATE
Hour
In accordance with the Disadvantaged Business Enterprise in Federal- aid Construction (DBE)
Special Provision Section 5.b(1),
A Contractor may count toward its DBE goal only expenditures to DBE’s that perform a
commercially useful function (CUF) in the work of a contract or purchase order. A DBE is
considered to perform a CUF when it is responsible for execution of the work of the contract and
is carrying out its responsibilities by actually performing, managing, and supervising the work
involved. To perform a CUF, the DBE must also be responsible, with respect to materials and
supplies used on the contract, for negotiating price, determining quality and quantity, ordering the
material, and installing (where applicable) and paying for the material itself. A DBE does not
perform a CUF its role is limited to that of an extra participant in a transaction, contract, or project
through which funds are passed in order to obtain the appearance of DBE participation.
The LG Entity will be notified when a DBE is performing work and will perform CUF reviews [31] on
DBE Subcontractors on the project. For further information contact the TxDOT Project Manager.
6. Coordination for Commercially Useful Function Review (CUF)
Contractors are required to request CUF review of Race Neutral subcontractors if there appears to
be any potential for DBE short fall. In addition, the Contractor’s attention is directed to the fact
that if hauling firms are to be used as part of the committed DBE, special requirements must be
reviewed prior to the use of hauling firms. If those requirements are not followed, hauling will not
count towards goal.
XVI. EEO, TRAINING AND LABOR COMPLIANCE
During the performance of any contract, it is the intent of LG Entity to determine that the Contractor
conducts all aspects of his employment practices without discrimination as to race, color, religion, sex,
disability, age, or national origin. Further, it shall be determined if the Contractor has implemented an
acceptable Equal Opportunity Affirmative Action Program.
1. For further EEO information, contact the Texas Department of Transportation, Office of Civil
Rights - Contract Compliance Section (OCR-CCS) at (512) 416-4750.
2. (Federal Projects)
Be advised that “Special Provision Form FHWA 1273-Required Contract
Provisions Federal-Aid Construction Contracts” must be physically attached to all federal-assisted
contracts, subcontracts of $10,000 or more. This form is located in the Contract proposal.
3. Contractor’s EEO Officer
The Contractor must designate, by letter, an EEO Officer for the project. The EEO Officer must be
capable of promoting an active and effective EEO program. The Contractor’s EEO Officer and
President should be identified in the Contractor’s EEO Policy Statement.
Has this letter been submitted? (YES or NO)
4. Contractor’s EEO Meetings
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Prior to beginning of work, the Contractor must conduct an EEO Policy meeting to explain and
review the company policy and its implementation with all supervisory and office personnel who
will be directly connected with the project. A copy of the records of this meeting must be
submitted to the LG Entity. The Contractor is required to conduct these meetings at intervals not
to exceed six months during the period of construction.
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Has a copy of EEO meeting minutes and roster of meeting participants been submitted?
(YES or NO)
Has the semiannual meeting of supervisors and personnel office been conducted?
(YES or NO)
5. Prevailing Wage Rate Requirements
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.
6. Payroll Records
The Contractor shall submit one copy of their weekly payrolls as well as the Subcontractors payrolls
within 7 days of the next month. Each craft or laborer shall be identified by indicating the
appropriate Index No. as shown in the “Wage Rates” section of the contract proposal.
Payrolls should not show the employees address and SSN. The contractor must use an employee ID
but no SSN. If there is any information that shows employee's SSN and address, it must be kept in
a locked area.
Monthly estimates will not be processed for payment if there are delinquent payrolls on the
project. Payrolls will be considered delinquent if unpaid for more than two weeks since the end of
the pay period.
7. Bulletin Board Requirements
The U.S. Department of Labor, Federal Highway Administration, and U.S. Department of
Transportation require certain posters to be posted on bulletin boards in places accessible to the
employees on a job site for federal aid construction contracts.
8. On-the-Job Training Program
This project is expected to be funded from the America Recovery and Reinvestment Act of 2009
(ARRA). For these projects the primary objective of this Special Provision is the training and
upgrading of minorities, women and economically disadvantaged persons toward journey worker
status. Accordingly, the Contractor shall make every effort to enroll minority, women and
economically disadvantaged persons to the extent that such persons are available within a
reasonable area of recruitment. This training commitment is not intended, and shall not be used
to discriminate against any applicant for training, whether or not he/she is a member of a
minority
group.
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1.
DATE
Hour
Trainee Requirements
The LG Entity has assigned project specific trainee graduate goals to this project as
shown below. These goals are in addition to any goals assigned to specific Contractors by
the TxDOt’s Office of Civil Rights (OCR) to meet federal aid requirements.
For Amount of Original Contract
Trainee Graduate Goal
$F
#
o
For these goal assignments, training may occur on this project or on other Contractor LG
Entity contracts. Graduations completed toward the goal must occur within the duration
of this project or within a year from beginning of contract time charges, whichever is
later. In accordance with program requirements, report all training and graduations to
the LG Entity and TxDOT’s OCR.
2.
OJT Reporting
The Contractor must notify AGC and TxDOT’s OCR-CCS of trainee enrollments within 7
days of trainee placement. TxDOT’s OCR-CCS will either approve or deny the trainee
within 5 days of notification. Form 2202 OJT Weekly Reporting Form must be submitted
to the LG Entity and TxDOT’s weekly and completely fill-out. The report should reflect all
hours worked or no hours work. The Contractor must submit certified payrolls reflecting
the trainee’s training classification and number of actual hours trained for the payroll
period. The LG will conduct labor interviews using Form 2220: keep a copy in the project
files, and submit a copy to TxDOT’s OCR. Upon trainee graduation or termination for
cause the contractor will submit the information on Form 2202 within 7 days to the LG
Entity and TxDOT’s OCR.
3.
Non-Compliance
The Contractor will have fulfilled the contractual responsibilities under this Special
Provision by having provided acceptable training to the number of trainees specified in
their goal assignment. Noncompliance with this Special Provision may be cause for
corrective and appropriate measures pursuant to Article 8.6., Abandonment of Work or
Default of Contract, Standard Specifications for Construction and Maintenance of
Highways, Streets, and Bridges.
XVII. PARTNERING (IF NO FORMAL PARTNERING IS HELD)
It is the LG Entity intention to promote a cooperative working relationship with the Contractor. And
one of the necessary ingredients for this proper relationship is reasonable compliance with Contract
provisions.
With attention focused on Items 8.1, 8.2, 8.3, and 8.6, the Contractor is advised at this time that when
the work fails to reasonably comply with Contract requirements, corrections must be made by the
Contractor to effect compliance or LG Entity will take appropriate measures, beginning with putting
the Contractor on written notice, progressing to withholding monthly estimates, and finally invoking
Item 8.6.
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The LG Entity recognizes that we are in “partnership” with Contractor's Name and we will do our best
to provide inspection, answer questions, provide interpretation, and process any changes that may be
required in a timely manner.
1. Issue Resolution Process
An issue is any aspect of the Contract where representatives of the participants in the
Contract do not agree. The individuals identified at the lowest level of the issue escalation
ladder will initiate the issue resolution process and escalate any issue that remains unresolved
within the time frame outlined in the issue escalation ladder.
2. Escalation Ladder Process
Identify key players that will have a role in the partnering application.
Coordinate exchange of information so that the partnering application users have user
accounts and can be added to the escalation ladder within the system.
Establish the project specific escalation deadlines and enter into partnering application.
Do LG’s have access to this?
XVIII. OTHER MATTERS (Follow these requirements unless LG has own requirements)
1.
Change Orders
Authorized signature list for Contractor Name are: (Request names of authorized personnel
from Contractor)
In the event it is deemed necessary for someone other than the approved personnel to sign
change orders, the LG Entity will need a letter on company letterhead from the person on
the approved list designating the requested individual to sign the change order on the
Contractor’s behalf.
2. Final Acceptance
Please make reference to Item 5.8 “Final Acceptance” in the 2004 TEXAS STANDARD
SPECIFICATIONS HANDBOOK. Once the final inspection has been made and the Contractor
has been notified of any deficiencies, the Contractor has seven (7) calendar days to correct
the deficiencies, unless otherwise authorized by the LG Entity. Time Charges will resume once
the seven days have lapsed.
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3. Prosecution of Work
Item 8.2 and SP 008-050 requires the Contractor to outline his proposed procedure for
performing the prescribed work activity, sequence of work to be followed, estimated
progress schedule, and give his plans for performing the work within the allotted time while
providing for safe traffic control at all times. The required project schedule must be submitted
by the 5th working day of each month and must be updated showing the progress or any
delays of work. Failure to submit the project schedule could result in the withholding
payment of the monthly estimate.
4. Contractor Documentation Required to be Accepted Prior to Commencing Work
1.
Letter(s) designating the following:
(S~SUBMITTED, A~APPROVED, NR~NOT RECEIVED)
Project Superintendent
Payroll Supervisor
EEO Officer
DBE Liaison Officer
Contractor’s Responsible Person
Safety Officer
2.
Copy of company EEO policy
Minutes, initial EEO meeting
3.
Copy of company safety program
Minutes, initial safety meeting
4.
Schedule of accomplishment SW3P
5.
Proposed work schedule
6.
Report on Sources of Project Materials
7.
List of approved flagging personnel and a certificate of completion given by TEEX or
ATSSA to the contractors representative.
5. Retainage
Discuss Retainage requirements included within the contract.
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6. Plan for Continuous Liaison and Coordination
A. CONTRACTOR’S REPRESENTATIVE
1.
Name
2.
Address
3.
Telephone No. office/mobile
B. LG ENTITY RESPONSIBLE PERSON IN CHARGE
C.
1.
Name
2.
Address
3.
Telephone No. Office/Mobile:
TXDOT PROJECT MANAGER
1.
Name
2.
Address
3.
Telephone No. Office/Mobile
XIX. COMMENTS AND ADJOURN
Without further discussion, the meeting was adjourned at
. A copy of these minutes will be provided to
all participants at the meeting with a record copy sent to the Contractor.
Name of LG Responsible Person
Title of LG Responsible Person
Date
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