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State Aid Construction Update
Mitch Bartelt, Districts 6-8 State Aid Construction
Engineer
Metro State Aid Construction TrainingShoreview, MN February 19, 2015
(Washington CSAH 21 over Valley Creek)
Four local Federal Aid projects were audited statewide in 2014.◦ Two cities and two counties were audited.◦ Two of the agencies were in the Metro District.◦ One was in the Bemidji District; one was in the
Mankato District. The official report from MnDOT Audit has
not yet been issued. The State Aid office is expecting the news to
be good. Overall, things went very well for the local agency
audits.
2014 Audit Summary
Findings and other items of emphasis from past years have been followed by local agencies.◦ Disposable material handling, and documentation,
were improved. City of St Paul audit included a commendation for this.
Grading and Base items had few problems. Yet again, the annual audit review meeting
went very well this year. Compliance reviews performed so far this year
also went well.
Audit: the Good News
Contract Changes Buy America Steel provisions Disadvantaged Business Enterprise
requirements Documentation Random Sampling
Audit Areas of Concern
Contract Changes Reminder to make sure contract changes
are executed when necessary, particularly for Federal Aid Projects
Be sure to perform the correct contract change.◦ Refer to Contract Change flow chart for guidance.
Note that reducing test rates or using different methods at the suggestion of third-party tester carries risk borne by the agency, and not necessarily the third-party.
Audit Areas of Concern
Buy America Steel (1/2) Make sure Certificates of Compliance for
steel are obtained in a timely fashion as the project goes along.◦ Perhaps collect them at each regular weekly or
bi-weekly project meeting? Auditors weren’t able to obtain all
documentation within the week of the audit in many cases.
Audit Areas of Concern
Buy America Steel (2/2) Be ready to have an up-to-date amount of
steel quantities used on the job, and make sure it is verified.◦ One part of contract documents notes steel
quantities in terms of pieces, while yet another notes it in terms of pounds.
◦ We’ll see if we can work with the MnDOT Materials Office to make compliance with Buy America Steel easier for agencies administering contracts.
Audit Areas of Concern
Subcontractors/DBE Make sure Request to Sublet forms are
received in a timely manner.◦ The Pre-Construction meeting, or shortly
thereafter, works well.
Disadvantaged Business Enterprise requirements If a project receives federal funds, DBE
requirements apply to all portions of that job!
Audit Areas of Concern
DBE requirements and substitutions If a substitution of a DBE subcontractor
takes place, it needs to be cleared in advance by the Office of Civil Rights.
The Engineer should fill out the Exhibit A form in a timely manner.◦ Preferably when the DBE has finished 1/3 to 1/2 of
its work. If you’re having trouble getting timely DBE
certification from OCR, please let State Aid know.
Audit Areas of Concern
Documentation Common problem with tester names not
being on document Location not always specified
◦ Stationing + offset, reference or mile post + offset, latitude & longitude all acceptable
Tests not provided in a timely fashion◦ Most items require weekly reports.
Note whether a test is a QA or QC test. If you miss a test, be sure to include it on the
Materials Exception Test Form.
Audit Areas of Concern
Random Sampling This was entirely my fault. The MnDOT Grading and Base Manual has
some good material on random number selection and sampling.◦ Check out Section 5-692.125, part D.
The State Aid Documentation Manual, unfortunately, doesn’t contain any such information.
This wasn’t particularly noteworthy or concerning, but we will work to provide better guidance.
Audit Areas of Concern
The State Aid Manual is currently being rewritten. The rewrite is nearly complete.
It incorporates the 2014 Spec Book. The State Aid Documentation Manual will
also be updated. Section 5.6.IV.D on page 245 in the current
eSAM provides a lot of information on Contract Changes
If you have any suggested changes, please contact either your District or Central Office State Aid representatives.
State Aid Manual
Changes in the 2014 Spec Book have greatly changed how this is handled.
It encourages the resolution of disputes as they occur.
It also sets time limits for responses between Engineer and Contractor.
There is a handy flowchart to guide people through the dispute resolution process using the 2014 MnDOT Spec Book. Let us know if you’d like another copy.
Have the Contractor provide a project schedule at the Pre-Construction meeting.
Claims
The Engineer shall submit a notice of change in contract construction status (CCCS) to the DSAE on each State Aid and Federal Aid contract for:◦ Starting work◦ Suspension and Resumption of Work◦ Completion of work
On Federal Aid projects, the Engineer must use the Change in Contract Construction Status form.◦ On State Aid projects, the Engineer may use the CCCS
form or other form selected by the City/County. It ensures a timely final inspection, and
ultimately, a timely payment of state aid and/or federal aid funds for the job.
Change in Contract Construction Status
MnDOT is planning on coming out with a new version of the Spec Book in 2016.
The changes should not be as major as the previous update.
Hopefully it will all be in one book. Hopefully the headings atop each page
will be more descriptive. We will stay in the loop on this change
to ensure local agencies can adjust appropriately.◦Another Tech Memo is possible.
MnDOT Spec Book
I can help when it comes to using MnDOT contract language for local agency projects.◦ Proper grooving equipment◦ Pavement Marking Removal language
There have been some recent changes to this. Special Provision language for 2102: Pavement Marking Removal should be used, even when it’s incidental.
◦ Data Logging System and Mobile Reflectometer Measurement Special Provisions
Crosswalk material isn’t always explicitly spelled out on plans.
Please do not pre-mix beads in paint!
Pavement Markings