Workshop An ODOT Certification User Group / APWA Workshop April 3, - PowerPoint PPT Presentation

2018 ODOT / APWA Spe c ific a tions Workshop An ODOT Certification User Group / APWA Workshop April 3, 8:30-12:00 Eugene Hilton 99 East 6th Ave., Eugene , Oregon 1

Ove r vie w: 1. 2018 LPA General Conditions Template & Process Update  An overview of CPO Bulletin 101_22 2. Key Template Changes: How & Why  High level discussion of key revisions & Other Helpful Information  A deeper dive on LDs & Materials Testing 3. Submittal preparation process  General Conditions (100s) Checklist  Bid book / Contract Provisions Checklist 2

Par t 1 Certification Program Office Bulletin 101_22: 2018 LPA General Conditions Template & Process Update An overview 3

2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview Applies to  Certified LPAs  ODOT sub-recipients for FHWA federal-aid projects Purpose of review  ODOT reviews Certified LPA general conditions, bid book, and contract templates for compliance with FHWA requirements.  Oregon DOJ represents and advises ODOT, and their review is solely on behalf of ODOT. http://www.oregon.gov/ODOT/LocalGov/Documents/CertificationBulletin-101-22.pdf

2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview Se c t. 1 Bac kgr ound  The 2018 LPA General Conditions template has been updated to align with the 2018 Oregon Standards.  Updates were developed in consultation with the CUG Standards Subcommittee. Se c t. 2 Due Date (s) for Ce r tifie d L PAs  PS&E project submittals after June 30, 2018*  Any project first advertised after Sept. 30, 2018 *unless otherwise approved by the ODOT Certification Program Office

2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview Se c . 3 T e mplate & Re late d Doc ume nts  2018 LPA General Conditions Checklist & Comment Tracking Log  2018 LPA General Conditions Template  2018-2015 LPA General Conditions Comparison  Sample Contract for Certified LPAs  Sample Performance & Payment Bonds for Certified LPAs  Sample Project Wages Rates for Certified LPAs http://www.oregon.gov/ODOT/LocalGov/Pages/Certification-Guidance-Forms.aspx

2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview Se c . 4 Pre pa ra tion & Submitta l Proc e ss  Differs based on whether Certified LPA’s GCs have been reviewed and approved in last 3 years  Show track changes – a comparison between 2018 GC template and proposed LPA provisions  Ensure internal consistency between LPA’s GCs and bid book/contract templates  Use comment tracking checklists (100s & LPA bid book/contract templates) – see ODOT instructions and provide LPA notes  Review with Certified LPA’s legal counsel  Certify instructions followed and legal review completed  Submit all documents to ODOTCertification@odot.state.or.us in time to meet applicable due date based on prior approval status

2018 LPA General Conditions Template & Process Update CPO Bulletin 101_22 Overview Sect. 4 (e) Approvals Certified LPAs without prior ODOT-approved documents (within last 3 years)  2018 general conditions and related documents must be ODOT-approved prior to use on federal- aid projects  Allow 60-90 days review  Meet or conference call as needed to facilitate resolution of issues Certified LPAs with prior ODOT-approved documents (within last 3 years)  Follow the bulletin update process and instructions in the template and comment tracking checklists  Certify all documents are prepared according to ODOT instructions and have been reviewed by the Certified LPA’s legal counsel  May begin immediate use of the updated 2018 general conditions and related documents while ODOT’s review and approval are pending* * Note: The Certified LPA will be responsible for any federally non-participating costs as a result of any legally impermissible or otherwise unacceptable provisions.

Par t 2 2018 LPA General Conditions Key Template Changes: How & Why  A high level (but somewhat lengthy) discussion of key revisions & other helpful information  A deeper dive on Liquidated Damages & Materials Testing 9

2018 General Conditions for Construction for Certified LPAs Updates Key Template Changes: How & Why Overall Approach  Address 80-90% of Certified LPA needs on federal-aid projects  More closely align with Oregon Standard Specifications for Construction  Include updates to federal and state law requirements since last template update  Incorporate ODOT revisions due to lessons learned (industry issues, claims, etc.)  Allow exceptions for Certified LPAs on a case-by-case basis

2018 General Conditions for Construction for Certified LPAs Updates Key Template Changes: How & Why Housekeeping – typo corrections, word choice, case changes, punctuation style, compound word phrasing, etc. Instructions – more and more-detailed, particularly on:  Scope of use: Certified LPAs for use as sub-recipient on FHWA federal-aid projects  Guidance references: Link to FHWA Contract Admin. Core Curriculum Manual  Sample provisions: PWR, contract, bonds, etc.  Title: Clarifies how to title LPA GCs and the need to be consistent!  Website citations: Explains addition of new subsection 00110.05(e) & related BPSP  Bidding Requirements: Clarifies what (and how) to include LPA provisions in 00120  Order of Precedence: CCOs, Addenda & Special Provisions need to control over standards and other contract documents listed in 00150.10(a)  Materials Acceptance and Testing: Clarifies options for LPAs in 00165  Liquidated Damages: Clarifies 00180.85 rates need to be based on LPA est. costs  Steel Escalation/De-Escalation: Clarifies 00195.12 is state requirement/LPA option  Claims Procedures: Clarifies how to approach LPA-specific modifications to 00199

2018 General Conditions for Construction for Certified LPAs Updates Key Template Changes: How & Why Ne w Pr ovisions & “Ne e de d” Re visions  3D Models: 00110.20, 00140.00, 00140.30, 00150.10, 00150.35  Needed. Establishes process for managing contractor-developed 3D construction models and working drawings, even if agency doesn’t do 3D Engineering.  Examination of Work Site & Solicitation Doc., etc.: 00120.15  Revised to be consistent with Oregon Standards. LPA option to retain prior language.  Proprietary Products (State Law): 00120.16, 00160.05, 00180.31  Required. Updated to comply with ORS 279C.345 regarding specifying use products by brand name or mark, unless exempted by the director of DAS or ODOT.

2018 General Conditions for Construction for Certified LPAs Updates Key Template Changes: How & Why ovisions & “Ne e de d” Re visions Ne w Pr  Conflict of Interest: 00120.40  Required, but options to adopt ODOT’s Conflict of Interest Guidelines or specify LPA guidelines.  Order of Precedence: 00150.10  Needed. Moved permit requirements into “other contract documents”. Added clarifying instructions to address repeat issues with earlier Certified LPA submittals.  Utilities Coordination: 00150.50  Needed to address notification and delay requirements. Make sure companion BPSPs are being used! Caution on “no damages for delay.”

2018 General Conditions for Construction for Certified LPAs Updates Key Template Changes: How & Why Ne w Pr ovisions & “Ne e de d” Re visions  Theft/Vandalism: 00170.80  Recommended to be consistent with the Oregon Standards limits.  Indemnity/hold harmless provision: 00170.72  Needed updates to add standard limitation provisions to better align with other standard contract provisions. Gives agency greater control over contractor’s defense of the agency.  Change Orders: 00195.20, 196.20, 197.00, .01, .20, .30  Needed updates to better align with the Oregon Standards and internal consistency between provisions.

2018 General Conditions for Construction for Certified LPAs Updates Other Helpful Information – Day Defined Days for days and more days! – 00110.20 – Defined terms in the Certified LPA Template: Calendar Day, Day, Work Day or Working Day – What’s the difference? ODOT’s approach to use & why – ODOT does not use this approach – Adds layer of complication to scheduling (and confusion!) – Opens the door to contractors challenging contract time and LDs. Take away: – Anytime “work day” or “working day” is used, it shrinks the work week. – Recommendation: not to use the term work/working day.

2018 General Conditions for Construction for Certified LPAs Updates Other Helpful Information - CCOs “Change Orders” Four types of “Work”  Contract Work-Original bid item work or added CCO work  Changed Work-CCO accounts for cost of portion changed only  Extra Work-not envisioned by original contract-two options • negotiate cost and add with CCO • pay with EWO, cost of work per Force Account  Work by public forces, utilities, railroads, paid with project funds authorize with SFO Three types of “Orders”  Contract Change Order (CCO)  Extra Work Order (EWO)  Force Order (SFO)