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23 CFR 635.105 Supervising agency

Explore the guidelines and best practices for locally administered projects, responsibilities of supervising agencies, and ODOT's oversight. Learn about activities, delegation, and current efforts to improve project management.

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23 CFR 635.105 Supervising agency

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  1. LOCALLY ADMINISTERED PROJECTS 23 CFR 635.105 Supervising agency (c) When a project is located on a street or highway over which the STD does not have legal jurisdiction, or when special conditions warrant, the STD, while not relieved of overall project responsibility, may arrange for the local public agency having jurisdiction over such street or highway to perform the work with its own forces or by contract; provided the following…….. • 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. • In those instances where a local public agency elects to use consultants for construction engineering services, the local public agency shall provide a full-time employee of the agency to be in responsible charge of the project.

  2. LOCALLY ADMINISTERED PROJECTS • Delegation of “Activities,” not “Responsibilities” 23 CFR 635.105 Supervising agency…….. (a) The STD has responsibility for the construction of all Federal-aid projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency or other Federal agency. The STD shall be responsible for insuring that such projects receive adequate supervision and inspection to insure that projects are completed in conformance with approved plans and specifications. • ODOT shall assume the responsibility and representation of FHWA . • ODOT provides oversight for each activity to ensure conformance to plans and specifications and Federal requirements.

  3. LOCALLY ADMINISTERED PROJECTS By written agreement with ODOT typical LPA activities include: • Environmental studies • Procurement of consultant services (ODOT oversight) • Design • Surveying • Right of Way acquisition • Work by railroads or utility companies • Preparation of plans, specifications and estimates • Preparation of bid proposal package • Advertisement for letting • Contracting (Bid Analysis, Award to lowest and Best) · Contract administration • Inspection / Testing

  4. LOCALLY ADMINISTERED PROJECTS Non-delegated activities: • DBE Goals and Waivers (ODOT) • Final Acceptance (ODOT) • Sole Source and Proprietary Justification Approval (ODOT / FHWA) • Labor Compliance Enforcement (ODOT) • Rejection of Bids (ODOT) • Project Cost Eligibility (ODOT / FHWA) • Federal-aid Payments (ODOT)

  5. LOCALLY ADMINISTERED PROJECTS National Review Best Practices • Stewardship and Oversight Agreement for locally administered projects. • Dedicated Staffing • Oversight and Monitoring Program • Qualification Program for Local Agencies • Local Agency Guidance Manual

  6. LOCALLY ADMINISTERED PROJECTS ODOT Identified Best Practices • District LPA Training • Construction Involvement with Participation Requirements • Plan and Bid Document Review • Gary QAR

  7. LOCALLY ADMINISTERED PROJECTS Current Issues: • DBE Monitoring • Materials Management • Participation Requirements Review for Local Agencies • Prime Contractor Performance % • District Communication & Resources

  8. LOCALLY ADMINISTERED PROJECTS Current Efforts to Improve • CM Meeting May 16th– Construction Contract Admin Chapter – LATP Manual • NHI (FHWA) – Contract Administration Core Curriculum • Local-let Invoicing – DBE & Prime Performance % • Future DCE Meetings • Materials Management Process - Appendix J

  9. District-02 Construction Monitor Roles and DocumentationPractices

  10. Construction Monitor Responsibilities • 1) Project Scope Meeting/Initial Project site visit • 2) Pre- Bid Meeting • 3) Pre-Construction Meeting • 4) Online LPA Survey Reporting • 5) Project Site Visits • 6) Review and Approval of Invoice Reimbursements • 7) Progress Meetings • 8) Documentation Reviews • 9) Initial Walkthrough Inspection • 10) Final Inspection • 11) Project Close Out and Final Documentation Review

  11. 1) Project Scope Meeting/Initial Project site visit • The District -02 LPA Coordinator schedules and chairs this meeting usually held at the LPA’s place of business, followed by a trip to the proposed project site. • District attendees include representatives from Planning/Production, Real-estate, Environmental, and Construction. • Provides an opportunity for the LPA and District to openly discuss all aspects of the project including administration requirements, eligibility, scheduling, and identification of potential issues.

  12. 1) Project Scope Meeting/Initial Project site visit ODOT 2008-2009 BUSINESS PLAN

  13. 2) Pre- Bid Meeting • Preliminary information sent to the LPA’s Project Engineer by email: Pre-con packet, Agenda items, links to the LPA homepage, OMM, and LPA Manual of Procedures, etc. • Similar to ODOT Administered projects: Give a short overview of ODOT expectations and requirements with an emphasis on inspection documentation and materials. • Assist the LPA in answering administration questions, policies, and procedures specific to the contract. • Record general project information on the Pre-Award Checklist. • *Send out pre-con information to FHWA, Central Office and District 02 personnel.

  14. ODOT 2008-2009 BUSINESS PLAN

  15. 3) Pre-Construction Meeting • Ensure all applicable agenda items are covered from Appendix “A” • Gather LPA and Contractor submittals per the Precon Packet. • Review LPA process and expectations of ODOT/FHWA oversight. • Assist with policy and procedural items. • Coordinate regular interval Progress meetings. • Record information on Precon Form.

  16. 4) Online LPA Survey Reporting • Required entry for all project site visits: • Pre-cons • Regular visits • Progress meetings • Documentation reviews • Final Inspections.

  17. 5) Project Site Visits • Monitor contract work and inspection practices. • Discuss project issues, provide assistance and direction regarding materials, testing and contract administration. • Identify deficiencies and opportunities for improvement. • Review change order requests in the field and determine necessity. • Provide CM Concurrence on “Significant Change Orders”

  18. 6) Review and Approval of Invoice Reimbursements • Keep up to date with the project status. Monitor work in progress and work items completed. • Compare Invoices with LPA’s regular pay estimates. • Review and approval of the “Local Let Summary and Payable Invoices” for: A) Construction Contract Work B) Construction Engineering and Inspection Work including Testing. Inquire and follow up on any discrepancies or unusual pay quantities. Watch for LPA’s who simply pay Estimated Plan Qty’s. (Verify)

  19. 7) Progress Meetings • Progress meetings required every two weeks or monthly depending on complexity and track record of the project personnel. • Follow applicable agenda items per Appendix “B” in the LPA Manual. • Fill out Local Let Progress Report form.

  20. 8) Documentation Reviews • Usually held after a scheduled progress meeting with the LPA’s Inspector and or Engineer at the project field office. • Review and audit of all documentation requirements: • Refer to LPA Manual Appendix “C” and “J” • Daily Diaries • Reference item summaries • Pay Quantities • Materials, Testing, and support documentation • Change Orders • DBE, EEO, and PW requirements • Claims, etc.

  21. REFERENCE/PAY FILES • Individual folder for each pay item of work • Field Documentation Inspection Forms • Seven identifiers • Project Number, Item Number, Plan Reference Number, Work Description, Location, Date, Signature • Plan quantity, field measurements, calculations, pay quantity • Summarized final quantity • Funding splits. (Also summarized on the L.L.S.P. Invoice) • Non-performed items require documentation

  22. MATERIALS ACCEPTANCE • Systematic approach to managing materials • ODOT’s Office of Materials Management (OMM) Project Bill of Materials (PBOM) Appendix J • OMM inspection of precast/pre-stressed concrete beams • OMM inspection of structural steel • Contractor/LPA should be familiar with Appendix J prior to bid • ODOT District asphalt plant monitoring

  23. MATERIALS ACCEPTANCE • Any and all materials incorporated into the Work need documentation. • Use C&MS Section 700 for documentation guidance • Many Frequently used links from OMM website: Sampling and testing Manual, QPL, Certified Suppliers, Approved Lists, Approved Plants, Welders, Aggregates, etc. etc. • Temporary materials are to be documented in this manner as well.

  24. 9) Initial Walkthrough Inspection • Typically done when substantial work is complete. • Coordinated By LPA with Contractor, Consultants and CM. • Generate and record final punch list items. LPA distributes copies to all attendees. • LPA specifies punch list completion deadline in writing to the Prime Contractor.

  25. 10) Final Inspection • Finalization Per C&MS 109.12 • Ensure all contract requirements are complete including punch list items and LPA approval. • Issuance of the ODOT Final Inspection report (Appendix “U”)

  26. 11) Project Close Out and Final Documentation Review • Approval of Final Invoices for Const. and CE&I. • LPA Final Report (Appendix “P”) • Certification of Payroll Affidavits. • Affidavit of DBE or EDGE subcontractor payments. • ODOT Final Inspection Report (Appendix U) • ODOT’s LPA Project Evaluation Form. • Final Package reviewed and sent by CM to the office of Local Programs, FHWA and District reps. • Also posted on the “O” Drive: O:\Local Programs\LPA Final Program Reports

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