NYSDOT Office Training 2020 · 2020-03-12 · CHAPTER 1 OFFICE ORGANIZATION AND CORRESPONDENCE ....

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NYSDOT Office Training 2020

Transcript of NYSDOT Office Training 2020 · 2020-03-12 · CHAPTER 1 OFFICE ORGANIZATION AND CORRESPONDENCE ....

Page 1: NYSDOT Office Training 2020 · 2020-03-12 · CHAPTER 1 OFFICE ORGANIZATION AND CORRESPONDENCE . 2020 New York State Department of Transportation 1-3 Office Engineer Training Manual

NYSDOT Office Training 2020

Page 2: NYSDOT Office Training 2020 · 2020-03-12 · CHAPTER 1 OFFICE ORGANIZATION AND CORRESPONDENCE . 2020 New York State Department of Transportation 1-3 Office Engineer Training Manual
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TABLE OF CONTENTS

2020 New York State Department of Transportation TOC 1 Office Engineer Training Manual

CHAPTER 1: Office Organization and Correspondence > Project Start-up > Office Set-up and Project Files > Reference Links

CHAPTER 2: Project Reports DWR - Daily Work Reports

> Information to be recorded > Checking (Inspectors) Daily Work Reports

Engineer’s Daily Contract Diary > Required Daily Information

CHAPTER 3: Material Acceptance Procedure and Documentation > Acceptance Documentation > Types of Acceptance > Quality Adjustment Items > SM Entries > Examples

CHAPTER 4: Contract Payments Triggers for Progress Payment (Estimate)

> Required Documentation FCP (Field Change Payment)

CHAPTER 5: Fuel/Asphalt/Steel Price/Price Adjustments

CHAPTER 6: FCP (Field Change Payments)

CHAPTER 7: Change Orders

> AEW (Authorization of Extra Work) > CO (Change Order) > FAW (Force Account Work)

CHAPTER 8: Time Extensions > Time Extension > Charges and Liquidated Damages

CHAPTER 9: Department of Labor (DOL) Requirements > Payrolls > Wage Rate reviews > Bulletin Boards > EBO review

CHAPTER 10: Civil Rights > EEO Requirements

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TABLE OF CONTENTS

2020 New York State Department of Transportation TOC 2 Office Engineer Training Manual

> D/M/WBE Utilization > Prompt Payment > Commercially Useful Function (CUF)

CHAPTER 11: Environmental Documentation

> Asbestos > Contaminated Soil > Hazardous Waste Manifest > Lead-Based Paint > SPDES > Environmental Forms

CHAPTER 12: Partial Payments (Stockpiles)

CHAPTER 13: Project Close Out Preliminary Final Procedures > Final Process > Final Acceptance > Final Payment > Book Set-up > Final Estimate Book > Complexity of Job > As-Builts & Record Plans

CHAPTER 14: Uncompleted Work Agreements

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CAM SECTION 90 RECORD KEEPING PROCEDURES https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/CAM_Sect90.pdf

PROJECT START-UP Receive Plans, Proposals, and Design Engineer’s Work-up, to familiarize yourself with the project

• Highlight pertinent information in the plans • Tab special notes, special specification and other pertinent information in proposal • Tab different sections of Contract Plans for easy access • Download appropriate spec book and standard sheets

Contact the Project’s Designers, ROW Group, Environmental and Landscape units and others that were involved with the design for any pertinent background information, or specific concerns.

Attend preconstruction meeting, set up by Regional Office • Exchange of documents between Contractor and EIC • Discussion of Project specific details • Obtain EEO requirements information • With Contractor, assist the Engineer-In-Charge in locating and setting up Field Office,

adhere to Field Office Specifications

Initial Letters/Memos to be sent once Project begins ~ Internal Memos: https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/HC 104.pdf • Travel Restrictions (HC 104) ~ to Permits Dept. - If the contract will have any travel

restrictions, notification must be given to the “Regional and Main Office Permits Groups” so that no permits will be issued. In addition, all lane restrictions must be reported to the CARS system, via Construction or Traffic & Safety group (whether through the field office or the Region) as they occur.

• Bridge Posting (HC 104) ~ to Office of Structures - If there is a bridge on the contract that will be closed, you may be required to fill out a bridge posting/closure/opening report and submit it to the bridge inspection department at the “closing/opening” of the bridge.

• Contract Information Sheet ~ to Regional Construction Office Use the Custom Record Templates (all 3) in Site-Manager and print out the Business Object report via Admin Reports Emergency Phone Numbers for Project ~ post in office (i.e. Police, Fire Department, Hospital, etc. near work site)

Initial Letters/Memos to be sent once Project begins ~ To the Contractor: https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/project-start-up • Review of Contractors’ Project Schedule per Standard Specification Section 108-01, send

appropriate letter, specific language required, use letters from Office of Construction Website

• Review of Contractor’s Health and Safety Plan Standard Specification Section 107-05, send appropriate letter, specific language required, use letters from Office of Construction Website

• Listing of State Owned Equipment o CSMIN Computer Equipment o Survey/Testing Equipment o Any other

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Per Standard Specification Section 107-05 - Verify that the stakeout service has been notified BY

CONTRACTOR for a stake out for any excavation work. NOTE: Stakeout is ONLY good for 10 days, so several notifications may be needed. Remember not all utilities (NYSDOT Signals for example) are members of Dig Safely or other regional services; they will need to be notified separately. Each individual excavator on the project must call in their own work. The Prime’s stakeout does not absolve the Subcontractors of their own responsibility.

Project Inventory and Photos of Pre-Construction conditions - Reference CAM Section 90 II. Contract Records D. Photographs

• Some contracts may be using stakeless survey/GPS to locate exist ing features – this would be through a request to the regional survey/construction survey group

At the very least, the following needs to be checked/verified/measured: https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/materials

• Existing signs (condition and location) Inventory

• Guide rail (measure locations to be removed) Inventory • Pavement markings (station and symbol) • Mailboxes (number and locations) • Water & gas/valve boxes, manholes (location and count) • Trees for removal/protection (verify count and location) • Driveway/ sidewalk condition prior to construction - PHOTOGRAPH!

Important: Anything that is slated for removal or reset/replace should be verified and

counted/measured, and photographed.

Photograph anything historic (i.e.: carriage steps, hitching posts, slate sidewalks, etc.)

* Photo/video project BEFORE the start of construction *

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OFFICE SET-UP

Obtain needed supplies from Construction Office for non-consultant projects.

Line up material testing equipment (including forms/supplies) and needed survey equipment.

Engineering Force Sign-In Sheet ~ https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/project-start-up

• All State or Consultant staff assigned to the contract must sign in and sign out. • include temporary staff • Once an inspector is signed in they are to begin DWRs for Contract • Must be established for every contract (contract specific)

Needs to be kept up to date

Emergency Staff Notification Sheet (Custom Record Template in SiteManager) • Use the Template in Site-Manager and print out the Business Object report via Admin

Reports • The emergency number/notification sheet(s) should be filed and accessible to the EIC,

Resident Engineer and Office Engineer. • Update as needed • NOT Optional

Record answering machine with outgoing message, a suggestion is:

“You have reached the New York State Department of Transportation Field Office for Contract Dxxxxxx, description of project. We are unable to answer your call at this time, please leave your name, telephone number, and a brief message and we will return your call as soon as possible. Thank you.”

Designate a set of large plans and label them “Record Plans” or “As Built” IN RED INK (should have two sets of large plans in office & one to Contractor)

Designate a set of small plans and label them “Office Plans” (use these for tracking completed payments)

Verify that notification regarding the contract has been sent to, but not limited to:

Town/Village/City/County Officials, Fire/Emergency/911 dispatch, State Police/County Sheriff/Local Police, Schools, Travel Advisory Officials, Regional Public Relations, Maintenance Residencies, DPW (if county or town facility), and adjacent property owners.

Label all Project Books (any bound information) with “If found return to...” label.

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Right of Way Entry ~ Prepare Initial Entry forms (HC 114) for all affected Properties, THESE MUST BE SENT TO REAL-ESTATE AS SOON AS CONTRACTOR HAS MADE FIRST ENTRY ON A PARCEL

https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/row-releases

Bulletin Board (Field Office) - https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/bulletin-board

• The bulletin board is to be established in the field office and placed in an area visible to all inspection and office staff.

• The bulletin board is to be set up as per CAM Section 96 under Part III (Engineer’s Field Office Bulletin Board).

• Most posters are available on the Office of Construction website. If there are any issues with attaining the EEO, Safety or Environmental posters, contact the Regional representative for assistance.

Note: There are instances where a stationary structure does not exist for a field office (the

EIC is using his/her vehicle as the office) it is suggested that the EIC keep a folder in the car of all pertinent bulletin board information for easy reference.

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PROJECT FILES

Establish Correspondence Files (File Folders) • Reference CAM Section 90 II. Contract Records • Establish a correspondence log via Site-Manager as per the Engineer-In-Charge

and Resident Engineer • Use “Reports” from Business Intelligence (print – out periodically to update) • File as per file listing (establish only those files that are pertinent) • Establish a list of abbreviations for correspondence log, where applicable. • Adhere a copy of active list of files and specific drawer locations to front of fire proof cabinet(s).

CORRESPONDENCE FILES

The following are generic – if the Region has established a filing system in addition to these they should be utilized, not all files will be utilized on all projects and you should only maintain pertinent files. Those underlined below are expected on every project.

NAME FILE DESCRIPTION

ACCIDENT REPORTS All vehicular and pedestrian accidents that occur on or within the contract limits are filed in date order. Reminder: EIC/RE to record any accident in the Accident Remarks section of the contract diary.

ASBESTOS PROJECT RECORD All asbestos submittals, notifications to Labor Department and EPA are to be filed here.

ASPHALT PLANT APPROVALS The letters from the contractor requesting the approval of each asphalt plant are filed here along with the letter from the regional office approving the specific plant. It is recommended that the approval letter be stapled on top of the request for the plant. Any changes that are submitted and the resulting action should be stapled on top of the original submission as latest approval.

ASPHALT TICKETS & PLANT All asphalt plant reports (BR forms) are filed in the REPORTS appropriate item folder in date order, most recent on top.

The daily asphalt tickets should be stapled behind the respective plant report in sequential order.

CHANGE ORDERS This is a working folder and should not be filed at the end

of the project. During the course of the project file copies of correspondence, DWRs, meeting minutes justifying or notifying of changes in quantities, Cost analysis worksheets, agreed price packages, etc. All final required documentation is attached to Change Order in SM. Recommended to keep this working file through the Final.

COLD PATCH CERTIFICATION All Cold patch certifications with the respective daily cold patch

delivery ticket are to be attached (stapled) in sequential order behind the certification.

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CONCRETE CYLINDER REPORTS All BR 300 reports are filed in the appropriate item folder, in date order.

CONCRETE MIX DESIGN The mix proportion printout should be obtained from the technical services group after the plant is approved and filed in the appropriate item folder. This is required for special mixes.

CONCRETE PLANT All letters requesting approval of specific concrete plants APPROVALS filed in date order. If a plant is subsequently unapproved,

the letter not ifying the contract of the plant’s unacceptability should be stapled on top of the original letter approving the plant.

CONCRETE TICKETS & Concrete plant reports (BR forms) with respective daily PLANT REPORTS concrete tickets attached (stapled) in sequential order

behind the plant report. The plant reports should be filed in the appropriate item folder, in date order.

CONFORMED PROPOSAL The proposal, agreement, and completed HC201 (itemized (AWARD PACKAGE) proposal) that was received with the EIC package at the

start of the contract, low-bid item analysis (bid sheets), tabulation of bids and vendor ranking (spread report), and the initial prevailing wage rates at startup of the contract. (Every Project is to have this package)

CONSULTANT ESTIMATES Each consultant estimate should be filed in numerical order with the transmittal memo sent to the Regional Office, not needed as a final record but only for the duration of the contract, unless otherwise noted by the regional office.

CORRESPONDENCE FILES All general correspondence, incoming and outgoing. (All correspondence is to be numbered and cross referenced where applicable and include SN from SiteManager.

CORRESPONDENCE LOG All correspondence logged on contract. Printout of Business Intelligence Report, established in Site-Manager.

DESIGN ENGINEER’S ESTIMATE The design engineer’s estimate that is provided at the beginning of the contract is filed here. Additional design work-

ups/clarifications provided as the contract progresses can be stored here or in their respective item folders.

DISPUTED WORK FILE All related disputed work correspondence and documents between the contractor and the State are filed in date order as well as in the correspondence file.

EEO D/M/WBE FILE CONR-89, any correspondence pertaining to D/M/WBE’s or Rev. AAP19 & 20 and any other regional monthly reports required

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EMERGENCY CONTACTS All contact sheets for the contractor, key staff and other emergency contact information shall be filed here.

ENGINEERING CHARGES On State inspected contracts - the original charge sheets for a period are submitted to the construction (area) supervisor for transmittal to payroll for calculation. The completed forms are returned to you for input as a charge to the contractor. The calculations are to be attached to the 696 Work Item tab in SiteManager when the monthly charges are made. On Consultant contracts - charges for State personnel are as noted above. Charges for consultant personnel are calculated based on the rates of the consultant and added to the State personnel charges. At the completion of the contract, a summary table is prepared for all charges and the items adjusted accordingly. Al calculations are attached in SM and kept in the project records file.

ENVIRONMENTAL All issues pertaining to environmental documentation (i.e. SPDES Permit, Hazardous Waste Manifests, etc.) should be filed in this folder.

ESTIMATES This is a working folder and should not be filed at the end of the project. File pre-estimate reports, contractor concurrence with quantities, any calculations for payments by OE or EIC.

EXTENSION OF TIME All correspondence concerning each extension of time is filed together. Each grouping should consist of the application, and any follow up correspondence. Additional extensions of time are to be filed in date order in this folder.

FINAL This is a working folder and should not be filed at the end of the project. During the project any documentation received for the Final should be placed in this folder for easy access and retrieval when compiling the final agreement package.

FHWA INSPECTION REPORTS All FHWA inspection reports and related correspondence are filed together. Additional inspection reports are filed in date order.

FORCE ACCOUNT WORK (FAW) This is a working file and should not be filed at the end of the project. The documentation for a force account is to be transferred to the corresponding CO file when the FAW is submitted.

INSURANCE FILE A copy of the contractor’s certificate of insurance. All notices to the contractor advising him/her to renew all or portions

of required insurances and subsequent new certificates of insurance are filed in date order. Subcontractor’s insurance in their own file and sorted by Subcontractor.

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INVENTORY - EXISTING Inventory of all existing signs, pavement markings, guide rail, trees, driveways, etc. within contract limits at the time of contract award.

ITEM FOLDERS Every Project should have item folders as noted. Al l evidence of acceptabi l i ty, catalog cuts, and

miscellaneous information pertaining to a specific item including work-ups and studies. One folder is used per item except for items that can be grouped by families (like items with identical requirements/documentation).

LABOR LAW VIOLATIONS All labor law violation reports and follow-up correspondence is filed by each incident. Multiple violations

are to be filed in date order.

MEETING MINUTES All minutes of meetings filed in date order along with Sign- in-Sheets and any attachments

OSHA File to be sorted by Firm.

OVERTIME DISPENSATION The contractor’s request for overtime dispensation and the State’s approval or disapproval is filed here. All subsequent requests are filed here in date order. In addition, the dispensation notice is posted on the bulletin board.

PAVEMENT CORES Core reports (concrete and/or asphalt pavement).

PAYROLLS The contractor’s payrolls and compliance statements for himself and each subcontractor are submitted for each week they work any amount of time on site. A separate folder is used for the contractor and each subcontractor. The payrolls are filed in date order in folders in alphabetical order.

PERMITS A copy of all permits for private or public work on the site are f i led in date order and any accompanying memorandums or transmittals.

PERMITS - DEC All DEC permits are filed in date order.

PERSONNEL FILE Any documentation on State personnel assigned to contract sent from Regional Office.

PHOTO/VIDEO LOG Photographs, disk (with log) and/or video cassette of project.

PUNCH LIST All construction punch lists given to the contractors with transmittal letters are filed in date order.

RECORD PLANS Any changes or revisions to plans stipulated on DWR, copy of DWR should be placed here for future reference when

updating record plans (can be print-out of PDF preview).

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RELEASES ROW/DRIVEWAY Any releases required for the contract.

RIGHT-OF-WAY FORMS These memos/forms are sent to the real estate group for temporary occupancy or temporary easement of properties.

RIGHT-OF-WAY MAPS All the ROW maps are stored in this folder. If the maps do not fit the folders, they can be rolled and stored in a box similar to record and working plans.

SAFETY & HEALTH Copies of the contractor, subcontractor & consultant’s hazardous communication program, health & safety plan and

applicable State bulletins. Copies of the acknowledgement letters. Also, any other contractor related health and safety communications.

SAFETY DATA SHEETS The material safety data sheets provided by the contractor for all chemicals used on the project are filed alphabetically in this file, as well as in pertinent item folders.

TAILGATE SAFETY MEETINGS Minutes and sign in sheet of all tailgate meetings.

SALVAGED MATERIALS All salvaged material receipts filed in item and date order. SAMPLING & TESTING REPORTS all material sampling and testing reports should be filed in the

appropriate item folder, in date order.

SCHEDULES Project schedules: CPM, weekly, monthly etc.

SHOP DRAWING LOG Log of shop drawing submissions for each applicable item, filed and posted on the wall for all inspectors to view.

SHOP DRAWINGS All correspondence and shop drawing submissions filed

with approved shop drawing on top filed in the appropriate item folder.

SOIL BORINGS The soil boring reports that are obtained from the design or soils group are stored in this folder. These should be obtained at the beginning of the contract.

SOIL TEST RECORDS All compaction and gradation test reports filed in the

appropriate item folder, in date order.

STOCKPILE (PARTIAL PAYMENT) Where applicable the contractor is paid up to 85% of material costs for specific items, this is a partial payment. The

certificate of title or bill of sale, a release of liens, the request by the contractor to the construction supervisor for partial payment and the State’s approval. Note: Evidence of acceptability are filed in their respective item folders.

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SUBCONTRACTOR APPROVAL All subcontractor approvals, CONR 89, and subsequent modifications to the original submissions. Each form is given a number by the contracts section, the forms should be filed sequentially by this number, not by the subcontractor’s name.

Note: A copy of the summary chart should be attached to the inside front of this folder for first and last day of work and subcontractors item numbers

SUPPLIER SUBMISSIONS Letters of material suppliers, manufacturers, or fabricators submitted by the contractor to the EIC/Resident Engineer, listed by item and specific material. A copy of any correspondence rejecting any material supplier is attached to that specific supplier’s submission, on top.

SURVEY NOTES All survey notes taken by the State, consultant, or field personnel. Any computer forms used are to be kept in this file.

UTILITY FILE All utility permits, drawings, plans, sketches and correspondence concerning utility work on the site is filed in this

folder.

WAGE RATES A copy of wage rate interview forms completed during the life of the contract in date order, and a copy of all prevailing wages during the life of the contract.

WELDER DOCUMENTATION A copy of welder certification card for each welder performing work. MEETINGS Keep minutes to all pertinent meetings in the Correspondence Files.

• Pre-Construction • Pre-Paving • Pre-Pour (concrete) • Pre-Erection • Pre-Demolition • Health and Safety • Any other pertinent meetings

AS-BUILT RECORD PLANS Reference CAM Sections 90 through 93

• Keep a file of field changes (i.e. use Finals Folder) • Keep up Record Plans in red pencil throughout the duration of the contract (for use in revising the

As-Builts which are to be penned in black ink) • The “draft” Record Plans (red pencil) are to be turned in as “Draft As-Built Record Plans” along

with “As-Built Record Plans” (penned in black ink).

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PHOTOGRAPHS Reference CAM Section 90 and Regional policies

• Prior to construction preconstruction photos are to be taken of the site. • Keep a photo log / index of all photos taken (pre-construction, progress, and post construction

photos). • Suggest keeping thumbnail photo sheets of all photos and index / label/ number them and detail if

they are preconstruction, progress or post construction photos. • Organize & store photos using Microsoft PowerPoint.

o If photos are not individually printed, a log should be kept on each photo taken and the direction and location of the photo.

o Use the presenter notes in PowerPoint to provide Location, Subject, Photographer and other pertinent remarks for each photograph.

o Store PowerPoint files on ProjectWise in the appropriate Construction/Office folder

• Remember to photograph: o Historic item(s) on project o Check with Environmental Specialist for environmental photos o Pre-existing drainage issues o Take during wet conditions

SHOP DRAWINGS Reference CAM §105-16 and specific contract item requirements. Establish a shop drawing log Construction Forms ~ Distribute as necessary and review in house for

site conditions • Return to contractor for reproduction, correction, re-submission and file • Post copy of log for inspectors to see status • ENSURE that the inspectors are using only APPROVED shop drawings • Ensure contractor submits approved reproductions to Main Office Structures when necessary

(without this submission the contract will not be accepted) • The majority of approved shop drawings will have a transmittal letter or memo with them –

there may be instances where the contract may receive an e-mail notifying you of an approved drawing – this is sufficient as long as it refers to a shop drawing number and date of approval and you have a copy of the reference drawing with the date that is referenced in the e-mail.

• All shop drawings must be stamped and signed approved by the appropriate reviewing group in order to be considered approved.

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Common Links used by Office Engineers Office of Construction Page: https://www.dot.ny.gov/portal/page/portal/main/business-center/contractors/construction-division

Office of Construction Specifications: https://www.dot.ny.gov/main/business-center/engineering/specifications (Std. & Special Specs, Std. Sheets, Guiderail sheets, etc.) Spec Books are updated 3 times a year!!!! Use the book for your letting date as noted on the Proposal Cover Office of Construction Forms: https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms Save links instead of downloading forms so that you always use the latest Office of Construction Guidance, Manuals, & Computer Applications: https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information Office of Construction Guidance, Manuals, & Computer Applications Change Orders (CO) / Force Accounts: https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/change-orders-(ooc)

Materials Bureau: https://www.dot.ny.gov/divisions/engineering/technical-services/materials-bureau Materials Bureau Approved Lists: https://www.dot.ny.gov/divisions/engineering/technical-services/materials-bureau/materials-and-equipment#List

Fuel, Asphalt, & Steel Price Monthly Price Adjustments: https://www.dot.ny.gov/main/business-center/contractors/construction-division/fuel-asphalt-steel-price-adjustments Program does not do calculations on new items or renegotiated items. Must be done by hand. Seek guidance.

QRGS: https://www.dot.ny.gov/main/business-center/trns-port/modules/site-manager/construction

MURK 40 (MURK Review Checklist): https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/MURK_40.pdf Review as you are setting up your field office to see what will be looked at.

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CHAPTER 2 DAILY WORK REPORTS (DWRs) AND ENGINEER’S CONTRACT DIARY

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SiteManager DWR Review Expectations for DWRs should be communicated at the start of the project between the

EIC, OE, and inspectors EIC/OE is responsible for checking DWRs EIC/OE should develop a system for tracking DWR status

o Inspector completes DWR; notifies OE o OE reviews DWR; notifies inspector of corrections/comments or notifies EIC

ready for review o EIC reviews DWR; notifies inspector of corrections/comments or approves DWR o Resources: Tracking Spreadsheet, MURK DWR pdf form, etc.

If errors are found on a report, notify the inspector as soon as possible and have

them make the correction. Review of payments should be based on the Contract Documents, NYSDOT Standard

Specifications, Standard Sheets and Quantity Workups (Engineer’s Estimate).

Check the following:

o DWR marked as Complete o Work Zone Traffic Control

Description/location/procedure of WZTC scheme used Note any deficiencies and how they were resolved

o Contractor and subcontractor work hours noted (for operation covered on DWR) o Proper work items used for payment o Payment in accordance with Contract Documents and Standard Specifications

(i.e. pay limits for excavation width for Item 206.0201 – Trench and Culvert Excavation)

o Payment matches attachment and/or inspector calculations o Required templates used (i.e. Concrete, Asphalt deliveries) (in cases when no

template is available, the current MURK Form may be attached and noted in Remarks or General): MURK 1RR Railroad Force Account MURK 6 SPEDES Storm Water Inspection Report MURK 7 Structural Steel Painting MURK 8 Pile Driving Record

o Proper categories and engineering shares are used Categories are fiscal shares Engineering shares are per the EIC and/or OE; used for tracking

o Correct type of payment selected (Final vs. Interim, see additional guidance below)

Remarks Bubble o Item specific work details included

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o Method of how measurements were obtained included (field measured, contract plans, standards)

o Attachments relevant to the work item are referenced o Work noted as complete or in progress; if no payment is to be made, note that

payment will be made on a later date o Payment noted as interim or final; progress payments made in accordance with

Basis of Payment section in the Standard Specifications (if applicable)

Location o Consistent naming convention/location for operations

i.e. Main Street, DS3-12 to DS3-13

Quantity o Payment made to the correct digit (nearest whole, nearest 0.1, etc.) according to

Method of Measurement in the Standard Specifications. Payment is never made to the thousands (0.001).

o Progress payments made in accordance with Basis of Payment in the Standard Specifications

Track payments on a field office plan set to verify that double payments are not

made. Use data tables, profiles, plan sheets, etc. available in the plans, to aid in this process.

Attachments

Consist of calculations, sketches, relevant contract documents, etc. Attached to the work item; for multiple items, the attachment should be attached to an

“anchor” item and referenced as such in the Remarks bubble for applicable items o i.e. Drainage Installation

Item 203.07 – Select Granular Fill; Item 206.0201 – Trench and Culvert Excavation; Item 603.9812 – SICPP, 12” Diameter

Inspector would attach calculations to one item and then reference this attachment in the remarks for the other items.

Each should include: o Date of work o Project D# or Job Stamp o Item Number (s) o Inspector and reviewer initials o Location of Work o Dimensions and proper units of measure o Any other relevant information

Attachments should be checked and initialed (by someone other than the author)

prior to attaching to the DWR

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Interim Payments

Interim payments can be tracked using Business Intelligence Reports Interim payments still need material certifications

Two ways to use Interim Payments:

1. Used for progress payments for items where it is more efficient to measure after completion

Embankment Excavations Drainage runs

After completion of the work, the total quantity installed/performed would be entered as a final payment. The interim quantity previously paid would then be removed with a negative payment.

2. Used for partial payment per the Basis of Payment section in the NYSDOT Standard

Specifications

For example: Seventy-five percent of the price bid will be paid after installation… The remaining percentage will be paid when the temporary practice is removed

Assume 100 Linear feet of silt fence was installed, two line-item payments will be made on the day of installation.

Final Payment Quantity = +100.00 LF Interim Payment Quantity = - 25.00 LF Retain until complete

Upon removal of the fence, another line-item payment will be made on the removal day to zero out the interim.

Interim Payment Quantity = +25.00 LF

Lane Rental Agreements Make sure the lane rental item requires material acceptance – enter the lump sum value

(1.00) on a DWR at the beginning of the contract – do not enter any material certifications for the item – this will flag the item as status B. As lane rentals are made, enter them daily as a negative value.

If the Contract has ended and there is still quantity remaining (the difference between the lump sum value and the lane rentals), you will now enter visual acceptance for the remainder of the quantity. If during the life of the Contract the value of the item hits zero, you will now begin to make charges to the Contractor, these will continue for the life of the Contract.

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Engineer’s Daily Contract Diary Written by EIC Date of first diary entry should be the earlier of:

o Pre-construction meeting or o First on-site activity by the Contractor

Relevant correspondence should be referenced in the diary CAM Section 90 provides guidance on what is to be included in the Engineer’s Diary

Final Notes

Construction inspection is done to ensure and confirm that each contract requirement is

met, and these facts should be documented in the records. The records should indicate who worked where, what work was accomplished and what checks or tests were performed, including their results. State what plan sheets or pages were used for inspection.

o “As per plans and specifications” is not best practice The first day a Subcontractor arrives on the job site, the inspector should check that they

have been approved by the department and note this in their report: “APPROVED Sub __ first day of work” This is an example of a requirement of the MURK 40.

o Important Details are Made Prominent (Use Caps, Symbols, Spacing, etc.) Measurements and sketches to document specification compliance and quantities must

be part of the project records. Use details and tables from plans, standard sheets, and proposals. Develop checklists to assist with compliance tracking. Make sure every item payment is being made for is explained in the DWR.

o Never make payment for anything that is not thoroughly explained. The DWR will be the source record for all items of work.

o This is the only source of documentation for field activities.

Length and cause of any delays need to be reported, describe any occurrences that delayed any operation including who, when, why, how long.

o This information is valuable in the event a delay claim is submitted. Note directives given to the contractor, whom they were given to, and what measures

were taken by the contractor to respond. o i.e. Concrete for sidewalk was rejected; foreman notified; reason why included in

DWR. Note procedures used for WZTC; reference plans, proposal, or Manual of Uniform Traffic

Control devices. Indicate problems encountered and remedial actions taken.

Note any changes from the plans and why.

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Note personal protective equipment used (i.e. hard hat, vest, fall protection, etc.).

References CAM Section 90 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/CAM_Sect90.pdf MURK 40 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/MURK_40.pdf Contract Plans and Proposal https://www.dot.ny.gov/doing-business/opportunities/const-notices

Standard Specifications and Sheets https://www.dot.ny.gov/main/business-center/engineering/specifications/busi-e-standards-usc

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

MATERIAL ACCEPTANCE DOCUMENTATION CAM SECTION 106-02 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/CAM_Sect106-02.pdf CAM SECTION 106-04 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/CAM_Sect106-04.pdf

The contract records must contain evidence of compliance with the specifications to support acceptance of all materials permanently incorporated into the work prior to installation.

1. Specifications - state the criteria that materials must meet; it is detailed in Section 700 of thespecifications, in the Basis of Acceptance section. In SiteManager, the Material InspectionDetail (MID) window is a tool to assist in detailing requirements for acceptance. Check thespecifications for an item of work, as well as the plans, for any other certifications needed notlisted in the MID window.2. Materials Acceptance Crosswalk – Technical Services has developed a crosswalk to helpField Office staff determine location of and proper evidence of acceptability. THIS DOES NOTREPLACE THE § SECTION 700.https://www.dot.ny.gov/divisions/engineering/technical-services/technical-services-repository/alme/NYSDOT_Approved_List.pdf

Most Common Types of Basis of Acceptance: • Material Certification – From a Manufacturer or Material Supplier or BR Form• Approved List• Visual Acceptance

• Sampling and Testing• Engineer’s Evaluation• Stockpile Approval / Stockpile Delivery – follow QRGs• Stonefill Gradation / Evaluation

The Material Acceptance Records are the paper records used as the basis for entering Material Sample Records in SiteManager and LIMS and may include:

• Delivery tickets• Invoices• Certification documents• Photos• Labels• Tests result reports• Approved list printouts• DWR statements• Shop drawings

They should be annotated to show the pay item number, material code, represented qty., sample ID, lab reference number, and DWR date and user ID that the sample was initiated from, if applicable. This documentation is filed in the Item folders.

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

SITEMANAGER MATERIAL SAMPLE RECORDS Contract Pay Items contain material components that require varying bases of acceptance. The material components are represented by Material Code(s) in SiteManager and may require the input of multiple material sample records or templates for a single Contract Pay Item.

Each Material Code’s material acceptance is based on one or a combination of acceptance types and in SiteManager the “Test Methods” and “S&T Types”. For each Test Method in SM, a sample record will be entered in SiteManager (except slump/air/cylinders; they are entered on one record).

*One material sample record may contain more than one Test Method type but not more than one S&TType*

Some material codes require other types of acceptance, such as sampling and testing, monitor samples, and on-site manufacturer representatives.

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

KEY: *ONLY OE/EIC SHOULD ENTER THESE IN LIMS

= IF EVIDENCE OF ACCEPTABILITY IS LACKING, STOP AND OBTAIN PROPER EVIDENCE

MATERIAL ACCEPTANCE PROCESS

Determine Req’s From §700 or Site Manager MIDwindow

Approved List

Engineer Evaluation

Inspect Item for

Conform- ance

Check if Product on Approved

list Review Cert for

Complete-ness (see sample

Cert)

Complete Field Test,

Gather Plant or

Independent results

Engineer Performs

Examination of Material

Note Physical

Evidence of Acceptability

in DWR

Obtain Physical

Evidence that Approves

Product used Photo, Tag or Note visual ID

in DWR

Enter Represented

Qty in SM Enter Sample

Data in SM /LIMS

*Engineer notesevidence of

acceptability inDiary, provides to

OE *LetInspectors

Enter Visual Quantity in

Sample Window of

SM

Enter AL/VIS Quantity in

Sample Window of SM

*OE entersin SM

As VisualRecord

*EnterRepresented Quantity in

Sample Window of

SM

Material Certification

Sampling & Testing

Visual

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

Approved List and Visual Acceptance are to be verified prior to installation and ideally entered by the inspector as one sample record. Often, entered by the OE along with the material

certification as one record. However, the Sampler ID should represent the person that visually verified the material and checked the approved list.

Visual Acceptance – Refers to any requirement as needing visual approval. Labeling, bar markings, equipment observations, proper storage, free from defects, etc.

Approved List – Refers to the Department’s Approved List of Materials and Equipment maintained by the Materials Bureau. This list is available on the Materials Bureau website: APPROVED LIST: https://www.dot.ny.gov/main/business-center/contractors/construction-division/materials-approved-list or by viewing the attachment on the Material Detail Window in SiteManager:

• It identifies manufacturers, suppliers, products, etc. that are qualified for use by theDepartment.

• Only the updated NYSDOT Webpage List is valid, regardless of date of award.Material must appear on list at time of installation.

• Only those material codes which have an Approved List requirement as part of theevidence of acceptability (see MID) will have a corresponding entry.

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Material Certification – Document issued by the manufacturer, and if applicable the material supplier, used to identify a specific delivery of material and to confirm it meets the appropriate specification(s).

• Identification of Manufacturer or Producer – company name and address• Identification of Material or Product – name of the product and the Material Code (7xx-

yy) designation• Identification of Shipment – quantity, shipment date, contract number• Statement of Conformance – definitive statement that material meets specific

specification or standard• Certification Execution – signature and title of legally authorized individual.• Notary not required. ** If steel and/or iron – Statement of conformity to §106-11 Buy

America.

Some material certification (concrete, asphalt, steel) documentation are shown on Department BR Forms.

BR Forms: On a timely basis the field office should receive BR forms for material placed. The information is used to enter the Material Certification Sample Record. Here is a listing of some of the different BR forms and what needs to be done once received:

CONCRETE: BR 342 – Plant Certified – for pours up to 25 CY (20 CM) for standard non-structural only; any

specialty items require a BR316a. BR 316a – NYSDOT Inspector at Plant

When certification is received in the field office: • Verify the quantity certified against the quantity delivered (i.e.: the delivery tickets)• Use the material component codes for entering air, slump, and cylinders information.• Attach the BR report to the delivery tickets and file in the Item folder. If you have

established a file for just BR Forms, make a copy of the report to put with the tickets.If discrepancies are found, contact the Regional Materials Engineer.

Concrete Cylinder Report – Field Office will receive an email with break results. Results are also available in BI and LIMS recorded under the sample ID and lab reference number used on the cylinders. Absence of break info will not hold up payment.

HOT MIX ASPHALT (HMA): BR 307 – Plant Certified – for material up to 150T (not contract specific, if more than one

contract is taking the same material from a plant, this quantity is added to get to the 150T).

BR 343a – NYSDOT Inspector at plant – the form will come with a QAF value or you might get an e- mail.

When certification is received in the field office: • Verify the quantity certified against the quantity delivered (i.e.: the delivery tickets).• If payment/charge is needed due to QAF value, calculate as described elsewhere in the

manual and enter into SiteManager under the appropriate QAF Contract Pay Item.• Attach the BR report to the delivery tickets and file in the Item folder. If you have

established a file for just BR Forms, make a copy of the report to put with the tickets.If discrepancies are found, contact the Regional Materials Engineer.

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OTHER MATERIALS: • BR 97 – Concrete Pipe• BR 240, 335, 336, 337, 338, 339 – Guide Railing• BR 195 - Bearings

You may receive a non-validated copy of these prior to the validated copy. When validated copy is received (stamped or signed in the lower right corner), match up with original, and all other acceptance documentation. Use the BR report as the material certification to enter a project material acceptance sample record.

OTHER ACCEPTANCE DOCUMENTS Dictated by the specifications and Department directives and not entered as sample records.

Examples:

• Density tester certification – DWR template

• Flagger certification

• Approved Shop Drawings, Lifting and Demolition Plans, Pile Driving Criteria

• Crane Operator License

• Welding procedures and Welder Certifications

Must be in place prior to the work.

OE should track copies in files and through correspondence log

Inspector should note in DWR

SAMPLING AND TESTING FREQUENCY • Concrete sampling and earthwork compaction testing/gradation sampling frequencies are

dictated by the specifications and Department directives based on time of placement andstructural component.

• SiteManager can’t determine time of placement and component; only quantity.For example, Structural Concrete –

Air and Slump - 1 set / each structural component; then every 50 CY of that placement; Cylinders - 1 set / each structural component; then every 200 CY of that placement. SiteManager Frequency – 1 of each for every 200 CY reported.

MATERIALS MANUALS: https://www.dot.ny.gov/divisions/engineering/technical-services/materials-bureau/forms-manuals GEOTECHNICAL MANUALS: https://www.dot.ny.gov/portal/page/portal/divisions/engineering/technical-services/geotechnical-engineering-bureau/manuals

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MONITOR SAMPLES Monitor Samples are samples required for some Material Code specifications and Department directives for Quality Assurance monitoring. These samples do not affect payment and results are not returned to the field office. Follow specific QRG and do not use generic Material Code.

• Tack Coat• Geotextiles• Fasteners

SiteManager will only withhold payment for the material requirements that correspond to sample record entries. The field office must withhold payment for the other requirements via negative Interim Payment.

Example – Structural Concrete – Pay 90% at placement, withhold 10% until corrective work andcuring complete

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QUALITY ADJUSTMENT FACTORS (QAF) References: Standard Specification Section 401 and 402

PLANT PRODUCTION QUALITY ADJUSTMENT 1. For each day that a Contractor places Hot Mix Asphalt, you will receive a ‘BR 307’ or

‘BR343a’ form.

a) BR 307 is for plant certified material good for quantities up to 150T; the QualityAdjustment Factor (QAF) of this material will always be 1.00.

b) BR 343a is for material tested at the plant and is the responsibility of the Department; thePlant QAF for this material will be noted in the appropriate location on the form. Beginning in2017, BR343 forms became optional. Regions have the option to use SiteManager to capturethis information, in which case you will receive an e-mail with the QAF.

NOTE: Testing of material is done on any mix that exceeds 150T. If the Project is taking less than 150T of a certain mix, you may still receive a BR 343a because more than one Project may be taking the same mix, and the combined total exceeds 150T. Multiple Projects may receive the same BR343, project totals will be shown.

2. Calculation of Plant Production Quality Units is only on the material used on the Project (perStandard Specifications), not on what was delivered to the Project. (Don’t apply factor to“wasted/rejected” material.)

Sample calculation:A contractor receives 3,025 T of 402.126201 on a Project. Only 3,000 T is placed. The BR 343a form is issued for the 3,025 T with a QAF of 1.04. The calculation would be: (1.04 – 1.00) x 3,000 T = 120 Quality Units

Payment would be made under item 402.126211= 120.0 QU (QAF Item)

3. It is possible to calculate negative Quality Units if the Daily QAF is less than 1.00.

Sample calculation:A contractor places 3,000 T of 402.126201 on a Project. The BR 343a form is issued with a QAF of 0.95. The calculation would be: (1.00-0.95) x 3,000 T = -150 Quality Units

Payment would be made under item 402.126211 = -150.0 QU (QAF Item)

The index price for the QU is multiplied by the quantity and will be automatically deducted for onthe next estimate.

Do not apply the adjustment to the core Contract Bid Item; the adjustment, positive ornegative, should be on the QAF items, per the Standard Specifications. If you do not have QAFitems but your paving meets the requirements for having QAF, then they need to be added viaCO at the current index price.

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PAVEMENT DENSITY QUALITY ADJUSTMENT: You will receive a Core Sheet from Materials (or e-mail from SiteManager) that will tell you the adjustment factor. The same procedures for calculating QAF are used to calculate Pavement Density Quality Adjustment.

Payment would be made under item 402.126221

NOTE: • Materials Procedure 96-04 has instructions for Random Core Sampling. The number of

cores required is based on tonnage placed that day. For 50 Series, this could range from 4to 8 cores. For 60 Series, it is always 4 cores. If the Random Location Generator indicatesmore than 4 cores for 60 Series, use 0.0 for the tonnage to get only 4 locations.

• Contractor is responsible for all core sampling and loose mix samples. Sampling suppliesare available from Region Materials.

• Sample delivery is required no later than the end of the day’s placement.• Use same Nuclear Density Gauge Daily (check serial number to ensure this, Inspectors

should record this information on the DWR’s).• For 50 Series paving, the Pavement Density QAF will NOT be applied to material placed

on ramps with a uniform full width section of less than 400 meters or 1200 feet in length, onshoulders, maintenance widening and crossovers and bridges. (Per StandardSpecifications)

• INSPECTOR’S WILL NEED TO IDENTIFY THESE AREAS SEPARATELY ONTHEIR DWRs

• For 60 and 70 Series paving, each different Gauge Operator needs to have their nameand credentials recorded on the DWR Template HMA Nuclear Tester for IAST inSiteManager. Names may also be entered for 50 Series paving but are not required.

• Region Materials would rather get involved sooner than after the fact if problems aredeveloping.

ADDITIONAL PAVEMENT DENSITY SAMPLES: For the 60 Series compaction method, the Contractor is required to take additional sets of cores as described in the Table below to VERIFY the Project Target Density. The Engineer will randomly select the four core locations in accordance with §402-3.08 Pavement Density Samples, and Materials Procedure 96-01.

Additional Pavement Samples PRODUCTION DAYS REQUIRED PAVEMENT SAMPLES 2 or Less Standard Specification Requirements Only 3-5 Standard Specification Requirements

+1 Additional Pavement Sample SetMore than 5 Standard Specification Requirements

+2 Additional Pavement Sample Set

LONGITUDINAL JOINT DENSITY QUALITY ADJUSTMENTS: Consists of coring longitudinal joints for 50 and 60 Series Top Course and determining quality adjustments. Refer to your Proposal Speciation for details and calculations.

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Material Acceptance Entry Into Site Manager/LIMS

The following are examples of things you might receive at the Field Office and how to input them into SiteManager, as well as general information that might be useful in the day-to-day working with SiteManager. Before entering any sample records in SiteManager, refer to the latest QRG on-line for the test method and S&T type.

1. Contract Sampling & Testing Requirements - Business Intelligence report that showsthe Sampling & Testing Requirements for the contract. Sorted by Item number, itshows each material code applicable and whether they are on or off for paymenthold. This report should be printed at the beginning of the project and reviewed forrates and frequencies and shared with all project staff. Can be re-generated aschanges are made.

2. Sample Material Certification - highlighting the different requirements perSection 106-04.

3. Item 555.0105 Material Inspection Detail Window - showing the differentmaterial codes and their specific test methods and S&T types.

4. Epoxy Coated Rebar - Sample specifications for Epoxy Coated Rebar that showsthe necessary components of the bar and the material acceptance requirements.

5. BR 316 Daily Concrete Batch Plant Report – Two examples of BR-316 reports andhow they should be entered in SiteManager/LIMS. If codes on the sheet are notin the dropdowns in LIMS, put in a Helpdesk ticket so they can be added.

6. Determining Whether to Void Samples - Not all samples need to be VOIDed.Many mistakes/omissions can be corrected without the need for creating“replacement” samples, or duplicate samples. Refer to the chart to see whattypes can be fixed, by you or an Administrator, and what would require a newsample. Also, Reference QRG Voiding Samples for further information.

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

EXAMPLE 1

Business Intelligence Field Office Reports Materials Contract Sampling & Testing Requirements

Note the Sample Rates and Sample Frequencies – • 99,999 to 1 means that sample record quantity will need to match placed quantity to release payment

for the quantity placed.• 1 to 200 means that 1 sample test will be required for every 200 CY of placed quantity to release

payment.• 1 to 99,999 means that 1 monitor sample will be required per contract.

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

EXAMPLE 2

NOTE: See §106-04 Material Certification and Approved List for required elements.

A. Material Certification:1. Identification of Manufacturer or Producer2. Identification of Material3. Identification of Shipment (Quantity)4. Statement of Conformance5. Certification Execution

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EXAMPLE 3 – p. 1 of 2

Contract quantity is 3.0 CY. Final placed quantity is 2.7 CY. The Class A Concrete will need material certification (BR 316) equivalent to the placed quantity, one air content test, one slump test, and one set of cylinders cast.

The rebar will need an approved list sample record which can be combined with the material certification sample record information as one recorded sample. The material certification and approved list quantities will need to be the equivalent of the amount of rebar in one CY multiplied by the placed quantity of concrete.

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EXAMPLE 3 – p. 2 of 2

The curing method is at the discretion of the Contractor. The options have different bases of acceptance and therefore, the SM Test Method is “Per Specification Requirements”. The requirements are summarized in the Material Detail Window.

The remarks state: “Project Material Acceptance is based on: a sample logged into SiteManager, similar to the process for Certification samples. A sample (SMPL-QTY) must be logged and authorized documenting the item equivalent of the material installed. Use the details shown on the MID window for Sample Type and Acceptance Method.

This is a "generic" material used for acceptance of all types of concrete curing. If any of the following materials are used to cure concrete, use 711-CURE as part of the concrete item's acceptance, with a note under remarks indicating which material was used: 711-02 Quilted Covers711-03 Fiber Blankets711-04 Polyethylene Curing Cover711-05 Membrane Curing Compound711-06 Burlap711-07 Insulating Material - Winter Concrete

In addition, the Approved List should be checked for the following curing materials: 711-03 Fiber Blankets711-05 Membrane Curing Compound711-07 Insulating Material - Winter Concrete

711-06 Burlap is accepted by visual acceptance.”

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

EXAMPLE 4 – p. 1 of 2

The specification for 556 Reinforcing Steel (Rebar) is shown below. The Materials section indicates the Material Codes that are appropriate for these Pay Items. We will be using 709-01 and 709-04 as examples.

Shown below is the Standard Specifications for 709-01, and its Basis of Acceptability. Basis of Acceptability is:

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

EXAMPLE 4 – p. 2 of 2

Shown below is the Standard Specifications for 709-04, and its Material Requirements and Basis of Acceptability. They are:

Notice how 709-04 also includes the requirements to 709-01. Also, there are requirements for the Epoxy Resin, the Applicator of the resin, and the Fabricator of the bar. Fabricator is not the steel mill who produced the bar, it is the company who took a straight bar and bent it into the shapes necessary to complete the work. The acceptance of rebar may require 3 or 4 sample records in SiteManager, one for each of the material codes.

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EXAMPLE 5 – p. 1 of 2Assume we are on Contract D123456 and received Class DP. Use the sheet to the right to complete the template below. Be sure to use the line in the Authorized Shipments area that corresponds to your Contract and Class. Some Contracts receive multiple Classes on the same form, with different ingredients.

• The cement manufacturer would be 101. Do not enterthe Facility Number (C0999). This is the concretesupplier, not cement manufacturer.

• The Cement Type is IP. Type IP is a Blended Cement,which contains Micro silica, in this case 8%.

• The Fly Ash Supplier is 27.• The Air Agent Code is 1017.• The Micro Silica Code is left BLANK – it is included in

the Blended Cement.• The Retarder Agent Code is 2018.• There are no Other Pozzolans, leave BLANK.• Water Reducer Code is BLANK, even though M2 exists,

since it was not included in the DP line for Contract123456.

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2020 New York State Department of Transportation 3-18Office Engineer Training Manual

CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

EXAMPLE 5 – p. 2 of 2

Now, assume we are on Contract D123458, and received Class D. Use the sheet to the right to complete the template below. Be sure to use the line in the Authorized Shipments area that corresponds to your Contract and Class. Some Contracts receive multiple Classes on the same form, with different ingredients.

• The cement manufacturer would be 32. Do not enter theFacility Number (C0999). This is the concrete supplier,not cement manufacturer.

• The Cement Type is I/II.• The Air Agent Code is 1017.• Water Reducer Code is 3036.

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CHAPTER 3 MATERIAL ACCEPTANCE DOCUMENTATION

2020 New York State Department of Transportation 3-19 Office Engineer Training Manual

EXAMPLE 6 Reasons Samples are asked to be VOIDED

Reason Is Voiding Necessary?

Solution

Sample Date is wrong No

Assuming the sample is not yet Authorized, navigate to the sample (from the MID window, or Find Sample, or just open it from the Sample Window), and edit the Sample Date.

Material Code is wrong Yes Since this is part of a database key in the table linking the DWR to the Sample, this must be VOIDED - even Admins can't change this.

Sample Type is wrong No

If Tests have not been assigned, then it should be editable. If tests have been assigned, it is not editable, but still may not require Voiding and a replacement sample. Admins may be able to fix it.

Sampler is wrong/blank No

Assuming the sample is not yet Authorized, navigate to the sample (from the MID window, or Find Sample, or just open it from the Sample Window), and edit the Sample Type.

Producer/Supplier is wrong/blank No

Assuming the sample is not yet Authorized, navigate to the sample (from the MID window, or Find Sample, or just open it from the Sample Window) and edit the P/S. ,

AL/Vis Qty is wrong/blank No

Assuming the sample is not yet Authorized, navigate to the sample (from the MID window, or Find Sample, or just open it from the Sample Window), and edit the AL/Vis Qty

Mix ID is wrong/blank No

Assuming the sample is not yet Authorized, navigate to the sample (from the MID window, or Find Sample, or just open it from the Sample Window), and edit the Mix ID.

Contract/Item is wrong Yes Since this is part of a database key in the table linking the DWR to the Sample, this must be VOIDED - even Admins can't change this.

Represented Quantity is wrong No

Assuming the sample is not yet Authorized, navigate to the sample (from the MID window, or Find Sample, or just open it from the Sample Window), and edit the Represented Qty.

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CHAPTER 4 CONTRACT PAYMENTS

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CONTRACT PAYMENTS

CAM SECTION 109-06 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/CAM_Sect109-06.pdf QRG #15 https://www.dot.ny.gov/main/business-center/trns-port/repository/15_QRG-Estimate_Gen_View_Process.pdf

Timely payments are a critical contract requirement and a MainTask for Office Engineers.

PRE-ESTIMATE PERIOD (On Going Tasks):

DWRs are to be created (Inspector), checked (OE) and approved (EIC) Materials Received to be entered (Inspector/OE) Enter quantities for new items approved by change Order (OE) Enter stockpiles, LS Items except Item 619.01 (OE)

BEFORE RUNNING THE ESTIMATE:

Set the Estimate Period (Semi Monthly – Use 15th and 30th) or Monthly.o Start date would be 1 day after last estimateo End date cannot be in the future but can be earlier date than current dayo Estimate can begin and end on the same calendar day

Check for required submissions from Contractor (§ 109-06)o EBO – Utilization Report, Prompt Payment Report (Data Updated Monthly)o Training Report – AAP26 (Monthly)o Up-to-date Certified Payrollso Schedule Updates – EIC (Monthly or CPM Requirement)

WHEN TO MAKE A CONTRACT PAYMENTS:

Monthly if payment is at least $1000.00 SEMI Monthly if contractor requests and payment is at least

$50,000

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CHAPTER 4 CONTRACT PAYMENTS

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RUNNING THE ESTIMATE:

1. All DWRs in Estimate Period need to be created, reviewed and approved

Only RE/EIC can approve DWR’s

2. Run DWRs Ready For Review Report (BI)

Check to make sure all DWR’s expected in Estimate Period are created and

approved

3. Run Status B Detail/Missing Materials Pre-Estimate (BI)

4. Enter any Materials Received that can be satisfied

Often find items that would be easy for Contractor to satisfy or items that were

not entered into LIMS correctly; Not necessary to unlock DWR’s to enter

materials received

5. GENERATE A “DUMMY” ESTIMATE (SM) This allows review of the estimate and accurate calculation of the 619.01 Item,

Asphalt Adjustment and Fuel Adjustment Items

6. Run and Print a CONR 22 Status A-B Report (BI)

Review this for obvious errors, does it make sense compared to the work done

within the Estimate Period?

Review Status A’s – Are there quantities that could be easily paid with and FCP?

(See Chapter 6)

7. Run and Print a WZTC: Percentage Of Work Complete Report (BI)

8. Run and Print a Asphalt Summary Report (BI)

Does it make sense? Is report using the correct factors and applying to correct

items?

9. Run and Print a Fuel Summary Report (BI)

Does it make sense? Is report using the correct factors and applying to correct

items?

10. DELETE “DUMMY” ESTIMATE (SM)11. Add 619.01, Asphalt and Fuel Adjustment payments to a DWR within the Estimate

Period. Have DWR approved.

12. GENERATE A NEW ESTIMATE (SM)13. Print Estimate Summary (SM)

14. Print Statement Of Quantities Used CONR 22 (BI); Save file.

Is it comparable with the “DUMMY” Estimate (and any changes made)?

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CHAPTER 4 CONTRACT PAYMENTS

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15. Print Status B Details/Missing Materials Report (BI)

16. Compare the CONR22 to the Estimate Summary

Are they within $0.50? OK

Are they off by more than $0.50? DELETE AND REGENERATE. IF THAT

DOESN’T RESOLVE ISSUE, CALL REGIONAL Site Manager Administrator17. APPROVE THE ESTIMATE (SM)18. Provide CONR 22, Status B Report, WZTC Calculation, Fuel and Asphalt Summaries to

EIC; File when approved

19. Provide Documentation to Contractor (CONR 22, WZTC, Status B Flagged Report)

A CONR 22 will be emailed to the APM/PM day after approval

20. Remind EIC to approve in timely manner.

Once an estimate has been approved, it must be rejected by the next approver and thencan be deleted.

Once the EIC has approved the payment, the estimate can still be rejected by MainOffice Construction until OSC makes payment. (No going back once payment made)

No new estimates can be generated until the previous estimate is approved by OSC.

No payments can be made past the completion date.

Resident Engineer: 1. Office Engineer Generates2. Resident Engineer Approves3. EIC Approves Last

No Payment Due To Contractor Non-Compliance:

Contract payment may be held for Non-Compliance with contract requirements.

Delete current estimate and re-generate when non-compliance is resolved (This resets the MIR Date so NYS doesn’t pay interest on this payment)

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Contract Payment Checklist Use as a guide to prepare and approve contract payments for Contractors.

☐ All DWRs in estimate Period need to be created, reviewed andapproved

☐ Run DWRs Ready For Review report (BI)☐ Run Status B Detail/Missing Materials Pre-Estimate (BI)☐ Enter any Materials Received that are outstanding and can be

satisfied (SM)☐ GENERATE A “DUMMY” ESTIMATE☐ Run and Print a CONR 22 Status A-B Report (BI)☐ Run and Print a WZTC: Percentage Of Work Complete Report (BI)☐ Run and Print a Asphalt Summary Report (BI)☐ Run and Print a Fuel Summary Report (BI)☐ DELETE “DUMMY” ESTIMATE (SM)☐ Add 619.01, Asphalt and Fuel Adjustment Payments to a DWR, have

DWR approved (SM)☐ GENERATE A NEW ESTIMATE (SM)☐ Print Estimate Summary (SM)☐ Print Statement Of Quantities Used CONR 22 (BI); Save File☐ Print Status B Details/Missing Materials Report (BI)☐ Compare CONR 22 to the Estimate Summary, within $0.50?☐ APPROVE THE ESTIMATE (SM) NOTE – Not in a Resident Engineer

Situation☐ Provide CONR 22, Status B Report, WZTC Calculation, Fuel and

Asphalt Summaries to EIC; File when approved.☐ Provide documentation to the Contractor (CONR 22, WZTC, Status B

Flagged Report)☐ Remind EIC to approve in timely manner.

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CHAPTER 5 FUEL/ASPHALT/STEEL PRICE ADJUSTMENTS

2020 5-1New York State Department of Transportation Office Engineer Training Manual

REFERENCES: NYSDOT § 698 – Price Adjustments NYSDOT Construction Website: https://www.dot.ny.gov/main/business- center/contractors/construction-division/fuel-asphalt-steel-price-adjustments

STEEL ADJUSTMENTS

For ALL contracts let on and after September 6, 2012:

As per §698, the Contractor is required to notify the Engineer within 30 calendar days after contract award of the item he/she wants to apply steel price adjustments to. Any and all items that the Contractor does not “opt-in” on will be ineligible for steel adjustment for the life of the contract. Applied by Core (3-digit) Item Number.

Terms: (Values Found On Website Listed Above)

BI - Value of Preliminary PPI for the Month of Bid Letting. MI - Value of the Preliminary PPI for the Month the Materials is Invoiced. CB - The Cost Basis Listed For The Month of Bid Letting. Quantity is Tons.

Determine The Percent Change In The Month (For Big Job, Lots Of Items):

Percent Change = (MI-BI)/BI) x 100

NO ADJUSTMENT IS MADE IF THE PERCENT CHANGE IS +/-5%

Monitor the indexes, to see when they are out of the 5% range. Once they are, thenverify if steel items (or items with steel) were installed. If yes, then get the invoicesneeded.

The formula(s) for determining the price increase or decrease are as follows:

When Price Increases (>5%): Price Adjustment = [((MI-BI)/BI) – 0.05] (CB) Qty.

When Price Decrease (<5%): Price Adjustment = [((MI-BI)/BI) + 0.05] (CB) Qty.

Use Month Invoice Of Largest Quantity Of Materials For Composite Items (Bridgerail, Overhead Signs etc.)

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CHAPTER 5 FUEL/ASPHALT/STEEL PRICE ADJUSTMENTS

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DETERMINE WEIGHTS BY (Declining Order Of Precedence): 1. Department Established Weights of Steel/Iron by Contract Pay Item Per Pay Unit2. Approved Shop Drawing3. Verified Shipping Documents4. Contract Documents5. Standard Sheets6. Industry Standards (i.e. AISC Manual of Steel Construction, AWWA Standards, etc.)7. Manufacturer’s Data

Once you have determined if there is a dollar value increase or decrease you record itunder the work item for steel price adjustment on your payment DWR for the month inquestion.

OPTIONAL TOOLS AVAILABLE: Reports On Website:

Access Report Excel Report

Access Report • Select English or Metric version depending on your contract.

• There are the 4 separate forms (allows for 4 years of entry) and a fifth form for newitems which are steel adj. eligible (that's the button titled: new/renegotiated items).

• If it’s a 1-year project, you can work within that 1 form.

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CHAPTER 5 FUEL/ASPHALT/STEEL PRICE ADJUSTMENTS

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• To make entries, first enter the PPI's (index and monthly) and the index Cost Basis in theTop Pane:

• Then enter weights in Tons or Metric Tons in the middle pane.• The monthly total will appear in the middle pane, and the yearly total will appear up top.

There is a tab to the far right which you can select to display monthly weight totals, PPIPercent change, and the total for the year.

• There is a conversion calculator it the bottom pane for converting pounds, KG, Tons,etc. to tons metric tons.

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CHAPTER 5 FUEL/ASPHALT/STEEL PRICE ADJUSTMENTS

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Excel Report – (Not Recommended Unless Good At Excel)

• Enter Index Prices & Cost Basis Information On Second Sheet (In Same File).

• Enter Letting Date On Sheet Shown Above

• Enter Item, Month Of Installation & Weight On Each Line Below The Dark Line

• Report Will Populate Price Adjustment & Total

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CHAPTER 5 FUEL/ASPHALT/STEEL PRICE ADJUSTMENTS

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FUEL & ASPHALT ADJUSMENTS

• As per the Specification, once an adjustment of $5000.00 is reached, either a positive ornegative (charge) payment to the Contractor is to be made.

• Any and all fuel and/or asphalt adjustment will be made prior to final payment eventhough they may be below the 5,000.00 threshold.

• Applies to Bid Items, Overruns Of Bid Items and Agreed Price Items. DOES NOTINCLUDE FORCE ACCOUNT WORK or Contractor work performed At Own Expense.

If Contractor Is Owed Money (Most Likely): Using the FCP item is the desired method. If FCP is not available or reasonable, the owed amount, and if possible a reasonable “projected” amount can be added to a Change Order. (Note: Do NOT project beyond two or three months). Support documentation would be the printout of the reports below and if projecting additional monies, your worksheet to show how the amount was determined should also be included.

If Contractor Is Owed Money: A negative DWR against the item is to be recorded to reduce the overall payment amount. If there are no other payment entries and this entry creates a negative (below zero) total amount a Change Order must be created to change the Current Contract Quantity to the new negative amount. This negative quantity must be part of a positive estimate and not create a negative overall estimate.

Determining The Value Of Adjustments:

Review Reports Using Business Object Reports: Field Office ReportsFuel and Asphalt

Choose Asphalt Report and/or Asphalt Summary Report

Choose Fuel Report and/or Fuel Summary Report

Review the total to determine if a payment or charge is warranted (+/- $5,000.00) andrecord under the appropriate item on your payment DWR.

NOTE: These reports are for “Existing” items only – any “new” item introduced into the Contract by either the AAWB Price or Agreed Price needs to be computed manually and then added to the number from the summary reports above. (See Below & Specification)

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CHAPTER 5 FUEL/ASPHALT/STEEL PRICE ADJUSTMENTS

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ASPHALT CALCULATIONS

• PGB Index Is Monthly Price At Letting Month Or Month Agreed Price Entered. Factorsprovided On Construction Website (Beginning Of Chapter) or in Business Objects.

• No adjustment will be made in an estimate if the monthly average posted price is within$15.00 +/- of the asphalt index price.

Formula:

Increase = Price Adj = (Quantity of Asphalt, Tons) X (Avg Posted Price – PGB IndexPrice - $15.00)

Decrease = Price Adj. = (Quantity of Asphalt) X (Avg Posted Price – PGB Index Price +$15.00)

FUEL ADJUSTMENT CALCULATIONS

• Fuel Index Price Is Monthly Price At Letting Month or Month Agreed Price Entered.Factors provided On Construction Website (Beginning Of Chapter) or in BusinessObjects.

• No adjustment will be made in an estimate if the monthly average posted price is within$0.10 +/- of the fuel index price.

Formula:

Increase = Price Adj = (Quantity of Fuel) X (Avg Posted Price – Fuel Index Price - $0.10)

Decrease = Price Adj. = (Quantity of Fuel) X (Avg Posted Price – Fuel Index Price +$0.10)

CAUTION: Final Quantities Computed At The End Of The Project: • Earthwork Final Quantities computed at the end of the project will need to be distributed

across the actual months of work to get fuel calculations correct. This would beunnecessary if no adjustment is due. Important that this is considered

Once you have determined the increase or decrease for fuel and asphalt priceadjustment you record it under the appropriate item on your payment DWR for themonth in question.

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CHAPTER 6 Field Change Payment (FCP)

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FIELD CHANGE PAYMENTS

CAM SECTION 104-02 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect104-02.pdf CAM SECTION 109-02 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect109-02.pdf QRG #19 – FCP https://www.dot.ny.gov/main/business-center/trns-port/repository/19_QRG-CO_FCP.pdf

The Field Change Payment (FCP) provides a contract contingency allowance for the timely payment of authorized extra work that was completed to fulfill the intent of the contract documents. Each contract has a dollar amount for Item 697.03 (FCP) that can be drawn upon more easily than a Contract Change Order to pay a contractor for completed work.

• The Intent of The FCP Is to Be Able to Make Payment For SIMPLE, ROUTINE ITEMSQUICKLY.

• The FCP Should Always Be Used FIRST (If Possible) As This Money Is AlreadyAssociated to The Job.

ELIGIBLE:

Work Must Be Complete & Within Original Scope

ITEM OVERRUNS NEW ITEMS (Simple Add) PRICE ADJUSTMENTS (Fuel, Asp., Steel)

NOT ELIGIBLE:

Work Outside of Original Scope Disputed Work Force Account Work or Estimates Value Engineering Time Related Provision Payments

(I/D, Liquidated Damage, Time Dispute)

Payments Cannot Cross Categories Cannot increase the FCP Item or introduce it into a contract or category where it does

not exist from award. Item is Fixed At Bid. Rules for significant increases STILL APPLY and a renegotiated price would be

warranted for:Increases to Minor Items:

• +200% and results in an increase of less than +$5000.00 from the originalcontract amount

Increase to Major Items: • +25% of original contract amount.

All new Items MUST have a known unit price that is favorable with the Weighted Average Awarded Prices (PIC), or Three Lowest Bidders, if it qualifies as a unique situation. (See Change Order Chapter)

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CHAPTER 6 Field Change Payment (FCP)

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AEW Must Be Approved & Attached To FCP Order FCP Order MUST BE ZERO DOLLAR. FCP Order Must Override Approval Rules as it only Goes to RCE Level.

PROCESS: 1. Overrun, New Item or Price Adjustment Identified (Status A/B Report)2. Determine If Within Contract Thresholds (Major/Minor) or New Item3. Obtain Pricing Agreement From Contractor If New Item (Follow Change Order

Guidance)4. Submit AEW (If Necessary) Proposed FCP5. Submit FCP Order Following QRG #196. Make Contract Payment (Once Approved Items Automatically Approved For Payment)

CONR22 AFTER FCP PROCESSED

FCP ALWAYS $0

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CHAPTER 7 CHANGE ORDERS

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STANDARD SPECIFICATION SECTIONS 104-02 AND 109-05 CAM MANUAL SECTION 104-02 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/CAM_Sect104-02.pdf OFFICE OF CONSTRUCTION https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/change-orders-(ooc) https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms/ooc-fcp A Change Order is a legal change in Contract from the original bid and awarded documents. Change Orders are created for: • Overruns • Underruns • Introduction of New Work (Extra Work) • Payment of existing Items Overruns/New Items via Field Change Item (697.03) funds • Introduction of Field Change Sheets • Extension of Time for Contractor. (Refer to Chapter 8) • Extension of Time – Administrative (after Contract’s Completion Date) (Refer to Chapter 8) Items that can be addressed by CHANGE ORDER: • Standard – Quantity Increases & Decreases • Existing Item(s) beyond threshold quantities • Existing Item(s) where you need future quantity • New Item(s) of work (Extra Work), based on Agreed Price Analysis. • Force Account

o New Item(s) of work (Extra Work), based on Force Account Estimate (FE) o New Item(s) of work (Extra Work), based on Force Account Work (FAW). o Dispute Work Resolution o Time Related Compensation

• Adding Approved Field Change Sheets to Contract Try to make the field change sheet CO standalone with quantity increase pertinent to the

field change sheet. OSC does not want a CO with zero dollars. You may need to include the field change

sheets to another dollar value CO if no monetary value is associated with the field change sheets.

• Warranty Specification • Job Order Contract (JOC) Adjustments • Additional Funding • Adjusting/Shifting Funding

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CHAPTER 7 CHANGE ORDERS

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AUTHORIZATION OF EXTRA WORK For ANY new or added work that does NOT have a prior approved CO or FCP (such as future known new work) approval must be obtained before work is begun via the AEW. Additional work is NOT to be performed until the CO is approved. All added quantities to existing items will also need an approved Authorization of Extra Work (AEW) for the work prior to actual start of work. The Authorization of Extra Work (AEW) form is available online. A copy can be saved, modified and electronically sent, but needs to be filled in completely by the field office using the instructions below. When completed and after review by the Regional Change Order Specialist (RCO), the necessary signatures are obtained. The signed AEW is attached to the Change Order(s) header in SiteManager.

Notes: If RFA – Needs FHWA Area Engineer’s concurrence. If Municipal/Local Shares Involvement – Check with Construction Area Supervisor for funding. If Significant Change in the Character of Work – Refer to Specification Section 104-05.

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Authorization of Extra Work (AEW) Form

Region #: Select the Region from drop down

D: Contract “D” number County/Counties: County of work for AEW submitted Date: Date of AEW Contract Description: From SiteManager Contract Info tab Engineer-In-Charge: Name Field Office Fax: Fax number (with area code) Contractor: Name on job stamp and SiteManager Contract Info. Is Contract FHWA RFA or NCA? Federal Full Oversight (RFA)– can be found on SiteManager Contract Info tab – right side of pane. A contract with Federal Full Oversight will have a Federal Liaison assigned to monitor throughout the contract as well as be an approver on all Change Orders (Area Supervisor and Regional Change Order (RCO) Specialist will identify the name of the liaison). A Federally funded contract, but not Full Oversight (FA) still follows all Federal requirements but does not require the Federal Liaison to be part of the approval process. If no Federal funding, check ‘NO’. FHWA Concurrence Obtained? Check with the Supervisor to ensure that Federal concurrence has been obtained. This is mandatory for significant Extra work on Federal Full Oversight Contracts. Municipal/Local Share Involvement? Check ‘YES’ if added work is for a Municipal or Local Category, in addition to checking ‘YES’ in this box, contact the Area Supervisor to verify with the Planning Group to determine if the Local Funds are available, or need to be obtained. Sufficient Funding in Place? Verify through the Area Supervisor or RCO with Planning the status of funding for the work and check appropriate box. Proposed Work within the Contract Limits? Check appropriate box If ‘NO’ then check with Supervisor before proceeding with AEW. Proposed work within the Contract Scope? Check appropriate box If ‘NO’ then check with Area Supervisor before proceeding with AEW

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CHAPTER 7 CHANGE ORDERS

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Significant Change? Refer to §104-04 of the Standard Specifications to determine if it’s a significant change. Check the appropriate box – if ‘YES’, does Item need to be renegotiated? Has Project Manager been Notified? Check with the Area Supervisor to assure the PM (if not them) has been notified. Check appropriate box. Contract Bid Amount: The original bid dollar value of the contract awarded. Contract Current Amount: The current approved dollar amount for the contract. Estimated Increase Due to this Change: The dollar value of increases (not CO Net amount). Description of Proposed Extra Work: A short summary of the description and reason for the extra work – sufficient to satisfy any questions the RCE may have. Item No.: The Item No(s) for the increased work (either existing or new). Description: The Contract Pay Item Description. Unit of Measure: From the Specification “Basis of Payment”. Original Bid Quantity: Original Contract Award bid quantity. Authorized to Date Quantity: Latest approved quantity (Current Contract Quantity in SiteManager and previously approved AEWs not included in an approved CO).

Added Quantity: The quantity increased per this AEW. Price Type: Select the appropriate drop down

a) Bid Price – overrun meeting spec for within 125% or 200% of Item quantity. b) Agreed Price – Requires a letter from Contractor and simplified work-up. c) Agreed to Bid Price – requires Agreed Price letter from Contractor. d) Force Account – Requires MURK forms as per Force Account.

Unit Price: Price determined for quantity from above. Recommendation/Approval: Based on the dollar value of the AEW, the responsibility for recommending and approving the AEW vary between the EIC, Area Supervisor or RCE. Choose the appropriate value range and the titles will auto-fill.

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PREPARING CHANGE ORDERS

BEFORE YOU BEGIN YOUR CHANGE ORDER, ALL OVERRUNS QUANTITIES NEED TO BE INVESTIGATED & VERIFIED TO ASSURE THAT THEY ARE CORRECT. (ENSURE THAT NO DOUBLE PAYMENTS EXIST OR PAYMENTS MISSED) For Change Orders, (Quantity Increases and Decreases): • An approved AEW is needed • Run the CONR 22 Report to identify Items that have overruns or completed Items with

quantity in agreement with Contractor are under run. • Consult the “Added Work Cost Analysis Decision Flow Chart” in this chapter to determine if

a new price is needed or how to determine the next step for an existing item with quantity over the thresholds.

• Notify the Contractor if a Minor Item has an increase greater than 200% of the original Contract bid quantity that also results in an increase of more than $5,000 from the original contract amount.

• Notify the Contractor if a Major Item has an increase of greater than 125% or if the total final quantity is less than 75% of the original Contract bid quantity

• Notification letters available on Office of Construction website. If a Major Item has exceeded its threshold, the first 125% will be paid for under the original contract Item. This portion of the overrun is NOT eligible to be renegotiated. For Minor Items, any allowance for a change in the unit price shall apply only to that portion of work both in excess of 200% of the original contract item quantity, and in excess of $5,000 greater than the original contract amount. The portion of the overrun under both of these limits is NOT eligible to be renegotiated. NOTE: Once the thresholds have been exceeded, it is recommended to begin tracking the additional work on Force Account sheets until a determination of how the payment will be made. The tracking should be specific to the Item. (Example: if in a drainage run, the pipe Item has exceeded the threshold, the tracking of the work should be specific to the laying of the pipe and not include the time or equipment used for the excavation or backfill.) When Adding a NEW ITEM to the Contract the following is (could be) needed: • An approved AEW. • A review of the Added Work Cost Analysis Decision Flow Chart is recommended to determine

the pricing method. Do NOT attach this Flow Chart to the header of the CO. Submit the flow chart separately to the RCO in advance for review as per the Region.

• Agreed Price letter from Contractor agreeing to price. • Special Specification, if non-standard Item. (example: 950 Item) • Price Analysis from Contractor, with all required support documentation. • FAW records if no agreement is met for price. Explanations: The following information should be included for ALL explanations: • Where - Provide basic location and or station. • Why – Is this change required? • Who – Requested the change?

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• When – If there is a time frame required. • Note any reference documents such as: Field Change Sheets Plan Sheets Emails Letters Authorization of Extra Work Previous increases/decreases by CO# If this is an explanation for a re-negotiated Item, to avoid writing a Special Specification for the new Item, include this statement at the end of the explanations: For Major Item: “All provisions of Item XXX.XX shall apply to this Item of work except payment shall be for the quantity beyond 125% of the original contract Item (XXX.XX) allowed for a major Item in the contract and shall be based on an agreed price.” For Minor Item: “All provisions of Item XXX.XX shall apply to this Item of work except payment shall be for the quantity beyond 200% of the original contract Item (XXX.XX) allowed for a non-major Item in the contract and shall be based on an agreed price.” SUGGESTED PROCEDURE: Make a copy of the complete CO package by scanning the CONR7 & explanations from Business Intelligence & all attachments. Save in a file – may need to send to Contractor upon their request. Once a CO is approved scan the approved change order from Business Intelligence reports and send a copy of the CONR 7 to the Contractor, so they have a record of the CO (including Field Change Orders). Also, make sure your Regional Compliance Specialist/Regional Subcontractor Approval Specialist has a copy for EBO so they may determine if a revised Subcontractor approval form (CONR89) is warranted. Upon approval of the CO at the RCE level in SiteManager, notify the Contractor to review EBO and to appropriately assign and/or re-assign any increases/decreases/new Items to the respective Subcontractor(s). If the Prime Contractor does not complete this in a timely manner, inspectors may have problems selecting Subcontractors on the DWRs from the Contractor’s/Work Items drop down menu. Assembling the CO in SiteManager (To submit to Regional Office): • Header in SiteManager with Items & explanations • On header, attach the following (in no particular order) or as required by Region: • Approved Attachment A or B (if applicable) • Approved AEW • Agreed Price Letter from Contractor agreeing to new prices (if applicable) • Support Documentation (all labeled with D#, CO#, Item#) • Special Specifications (if applicable)

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If FAW/CO: (In addition to above) • Original, completely filled in, Signed MURK FAW sheets • Blue Book Sheets (with equipment identified) • Invoices (with FAW materials identified) • Appropriate Insurance documentation • Pages should be grouped to no more than 10-page packages for each attachment for ease of

system. HINTS / COMMON MISTAKES: • Change Orders can only be processed one at a time per project by Main Office

Accounting. For this reason, the OE should consider replacing multiple smaller Change Orders with a larger Change Order to prevent large backlogs of pending Change Orders (Field Change Payment CO’s may be process as needed as time allow since FCP’s are approved through RCE level only).

• When possible, “balance” a Change Order by making deductions for Item(s) that have been

finalized with the Contractor. • If the quantity for a Major Item falls below the 75% threshold, and the Contractor requests a

renegotiated price and a new Item is being introduced, the entire quantity of the original Item must be deducted in the same CO that the new Item is being introduced.

• 950. XXs are used when NO Standard Specifications or Special Specification is available for the

work, or the work is very specific in nature and/or encompasses multiple operations. You will need to write a Special Specification; NO Added Work Cost Analysis Decision Flow Chart is required for a 950.XX Item.

• Include ALL associated work together in one Change Order. Example: If limits are extended for a mill and fill contract, you would want to include the

milling, tack coat, HMA, striping, and any other Item(s) associated with the extended work, all within the same order.

• If an Item is being replaced by another Item, make sure that the original Item is subtracted out,

or an explanation is given why it hasn’t been taken out within the same Change Order. • Change Orders are not required to be submitted sequentially in Site-Manager. • If a new Item has been introduced due to renegotiated unit price, the overrun will still be

reported in the parent or tracking Item, UNLESS YOU HAVE ENTERED IT UNDER THE NEW ITEM. If you have only entered it under the ORIGINAL ITEM, it will need to be SUBTRACTED FROM THE PARENT OR TRACKING ITEM AND ADDED TO THE NEW ITEM.

• When an Item is added to the contract because of a renegotiated price, the original Item number

is used with the next Contract line Item number (sequence number) and an ‘A’ added to the front of the description to indicate a new Agreed Price or FA if Force Account.

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• If work is being added for a Local Share (Betterment, Town, School Dist., etc.) include this work on its’ own Change Order AND ensure that the funds have been deposited with the Comptroller, prior to submitting the Change Order. If funds have not been received, approval for the Change Order will be delayed.

FORCE ACCOUNT WORK (FAW) FORCE ACCOUNT WORK (FAW) WORK SHOULD BE AVOIDED IF POSSIBLE SINCE IT TAKES SIGNIFICANTLY MORE TIME TO PREPARE, REVIEW AND PROCESS THAN ANY OTHER TYPE OF CO. THIS IS ESPECIALLY UNDESIRABLE NEAR THE END OF THE CONTRACT. Force accounts are required when: • There are no applicable prices for the extra work. • An agreed price cannot be obtained in a reasonable period of time. • If the total effort required to complete the work is unknown and a determination has been

made that the work is essential to the contract, then the work shall be added to the contract as a Force Account.

• There are no applicable prices for the extra work. • A FAW is based on documented costs that are Actual, Reasonable and Verifiable. Refer to Standard Specification §109-05 B for complete information on what is allowed for

Equipment, Materials and Labor. When significant amount of extra work (likely to be more than $100,000) is going to be

performed by Force Account and the work is expected to take more than two weeks to complete, a Force Account Estimate (FE) can be submitted on a change order to allow progress payments, based on submitted, verified records, to be made in a timely manner.

Force Account Estimates (FE) need to be closed out later on a change order with the final Force Account Work (FAW) and includes all of the details to support the actual cost.

The inspector needs to look for: • Workforce and equipment hours of actual use for Force Account Work and note presence of

idle equipment and document. • Reasonable workforce personnel and equipment for operation being performed Workforce +

equipment capabilities = needs of operation • Equipment’s year / make / model / capacity, or other further identifying information. • Collect delivery tickets, record quantities, and identify specific work locations (details). • It is STRONGLY RECOMMENDED to have the inspector fill out the “MURK 31" for

comparison against the Contractor’s MURK- 31. Especially the bottom portion of “Statement of Work Accomplished”. The more details the better.

• Operator hours and equipment should match, unless a single operator is operating multiple pieces of equipment. If not, explain. (Teamster = 2 hrs., truck = 2 hrs.)

• Remember, the Contractor is getting reimbursed directly for all labor, equipment and materials costs.... PLUS 20% Profit and Overhead

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• Signing of a Daily sheet (MURK 31) DOES NOT mean that NYSDOT or you agree to pay for the work. You are just agreeing to what happened at the time the work was done. Use BLUE INK to easily spot original forms. All daily sheets are to be signed by NYSDOT and Contractor’s representative at the end of the day or by noon the following workday at the latest

MURK 31 - DAILY RECORD OF WORK PERFORMED (Not Included in Contract) General Information: • Form is prepared and submitted by the Contractor on a daily basis. • ALL heading information must be provided. • Statement of Work Accomplished must be specifically noted. • Submit the original MURK 31 (Blue ink helps identify originals quickly). • Form must contain original signatures; Supplemental sheets may be used.

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Labor: • Full name and labor classification (trade) must be provided for each worker. • “Total Hours” means both regular and overtime hours. (If an individual works 8 hours regular

time and 2 hours overtime then the “total” is 10 hours and the “O.T.” is 2 hours). • Hours allowed are only those actually worked on the Force Account Work.

Materials: • Materials allowed are only those actually incorporated in the Force Account Work. • Provide material description and actual measured quantity used. • Provide unit cost, with support documentation of either quotes for future work, or invoices for

work completed. • If the Item requires certification for the material(s) make sure this is received as well. • Assign an identification number to each material used on operation (i.e.: M-1, M-2 etc.). • These ID numbers are used on the MURK 22 (Force Account Summary of Materials), and

on provided invoices or costs documentation for cross reference. Equipment: Equipment hours are ONLY the hours of ACTUAL USE (unless otherwise directed by EIC) and hours on Stand-by. The following information must be provided for all equipment to properly identify the equipment against the Cost Recovery sheets: • Make/Model/Year • Horsepower • Wheel Count and/or Axle Count • Bucket Capacity, etc. (This is needed.) Assign an identification number to each piece of equipment. (i.e.: E-1, E-2 etc.) These ID numbers are used on the MURK 23 (Force Account Summary of Equipment) for cross reference. RCE ACCOUNT REPORT SUBMISSION: Current MURK Forms Only for the appropriate letting date: https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/CONR_104.pdf

MURK 31 – Daily Record of Work Performed, Not Included in Contract Force Account Cover Sheet Force Account Cover Sheet MURK 20 - Force Account Summation MURK 21 - Weekly Summary of Force Account Labor MURK 22 - Force Account Summary of Materials MURK 23 - Force Account Summary of Equipment. MURK 24 - Force Account Summary of Services, as necessary MURK WZTC – Force Account Summary of Temporary WZTC Devices, as necessary. • On Contractor’s letterhead, a letter agreeing to price from FAW workup.

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The EIC or Office Engineer reviews the package. The Contractor should supply the EXCEL files for easier review. Once agreed upon, PDF copies of the submission with signatures will be attached to the Header in SiteManager A Force Account is added as a new Item for payment on a CO (FCP can NOT be used). It is reported as Force Account Work (FAW), with dollars and cents “DC” used as the units, Unit Price of $1.00, and the Actual dollar amount as the Quantity. Progress payments, based on submitted records, may be made up to the value of a Force Account Estimate (FE), while the work is proceeding (and all Supporting Documentation for the work has been received and verified). Note: No Progress Payment can be made on an FE without submission of a Weekly Labor Summary of Force Account Labor (MURK 21).

FORCE ACCOUNT COVER SHEET • Region, Contract D#, Contractor’s Name, Item Number, Description, Correct Start/End

Dates, Contractor’s Representative Name (See MURK- 20) are required information and need to be correct.

• Worker’s Compensation Policy Start Date. This sets the WC Rate Year, which sets the CEPL program weekly limit.

• Required Insurances Cost Basis/Rates. • Overhead and Profit Percentages These will ONLY change for “When & Where” type contracts. Review Contract Proposal.

• Added Insurance Cost Basis/Rate Only applicable to Subcontractor’s role.

• Total Pages

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MURK 20 FORCE ACCOUNT SUMMATION • All fields on this sheet are populated by input on other sheets in the report. • Submit the original MURK 20 with original signatures (it’s easy to identify if signed with

blue ink).

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MURK 21 – WEEKLY SUMMARY OF FORCE ACCOUNT LABOR • This form serves as a composite of all labor charges from the MURK 31 forms. • Verified against certified payroll. • Provide hourly rates for Regular time and Premium Additive; verify amounts from

appropriate wage rates. (The Premium Rate is the overtime rate and generally 1.5 times the regular rate. If Regular Rate is $30.00/hr. Premium/OT is typically $45.00).

• Each employee is listed with reg. hours, and their premium hours (from MURK31’s). • Regular Wages = Total Hours x Regular Rate • Premium Wages = (O.T. Hours) x (Premium Rate) * *Only Difference between regular and overtime rate

• Gross Wages = Regular Wages + Premium Wages • Fringe Benefits must be reported and verified, if paid directly to the employee, this must

be stated. • Columns are to be totaled at bottom of sheet and transferred to MURK 20.

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MURK 22 – FORCE ACCOUNT SUMMARY OF MATERIALS • This form serves as a composite of all material charges from the MURK 31 forms. • ID: All material cost must be substantiated by invoices and receipts identified with

reference numbers (M1, M2, etc.) • Material Description: List each material description from MURK 31’s. • Invoice No.: Receipts/Invoices for material indicated identified with reference numbers (M1,

M2, etc.) • Unit of Measure: As per Material • Quantity: Actual measured material quantity from MURK 31’s. Only material incorporated in

the FAW is permitted. • Unit Cost: Provide unit cost of material with support documentation. invoices for work completed

Note: NO sales tax allowed on materials which are permanently incorporated in the final work. • Note: If the Item(s) require material certifications, obtain respective certifications as per

Material Specifications.

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MURK 23 - FORCE ACCOUNT SUMMARY OF EQUIPMENT • Equipment reimbursement is transferred to MURK 20. • Reference equipment by using the ID # assigned to them from the MURK 31 Forms. • List equipment type in detail, including year, make, model number, capacities, gross

vehicle weight, etc. List manufacturer i.e.: Ford, Caterpillar, Case, Vermeer, Mack, etc. • Cost Recovery and age adjustment factor sheets are required from the Contractor. • Column “A” Hours of Actual- use is the total from MURK 31 forms. • Column “B” Hourly Rate = Monthly Rate/176. Contractor is to supply the Age Adjustment Table with the package.

• Column “C” Maximum Owner Cost – “NOTE 2 x Age Adjustment Factor • Column “D” Regional Adjustment Factor. Contractor is to supply the Regional Adjustment

Table with their package. • All Cost Recovery Sheets for the equipment along with: The Adjustment Rate Chart for the year(s) of the equipment. The Regional Adjustment Factor sheet. The specific piece of equipment that they are claiming needs to be identified on the Cost

Recovery sheet with E1, E2, etc. (cross referenced to the appropriate MURK 23 form). Note: Equipment Hourly Rates are computed as Monthly Rate divided by 176 plus Operating Cost for hours used. If you are calculating standby, use ownership cost only.

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MURK 24 - FORCE ACCOUNT SUMMARY OF SERVICES • Services based on invoiced cost to the Contractor. Contractor is entitled to 5% Profit and Overhead on total services’ fee. Work Service is NOT the same as Subcontractors. Services do not require same

documentation as regular Subcontractor approval process and may only perform work on Contract for no more than ten (10) days. Do NOT have to be consecutive days.

See Section §101-02 for complete definition of “Work Service”

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MURK WZTC - FORCE ACCOUNT SUMMARY OF TEMPORARY WORK ZONE TRAFFIC CONTROL DEVICES • Temporary WZTC devices are paid for on a daily basis. Blank lines at the end of the form are

for devices that are not listed. • Devices are reimbursed as equipment. • Daily rates are for equipment only; NOT to include labor to set up and remove devices. The following Traffic Control Devices will be considered as equipment for all Price Analysis and Force Account Work. The tabulated Daily Ownership Costs for these devices were established by the Office of Construction as fair and reasonable, based on purchase cost, estimated number of uses, and an estimated replacement rate. These rates should be used to reimburse the Traffic Control Devices (TCD) for short duration periods of work. However, when severe conditions result in damage and/or destruction of TCDs at an extraordinarily high rate, higher daily ownership costs may be justified. In that case, it would be necessary to support the higher rate with a workup showing the invoiced purchase price and life expectancy of the WZTC device.

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Each contract change order, which has a Change Order Type as explained above, will also have a Reason Code, to further identify the reasons for the change. Change Orders should use reason codes from the first half of the list below. Time extensions should only use Reason Codes from the second half of the list below that start with TE.

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Extra Work which does not correspond to an existing contract pay item is described using a 950 series contract pay item. 950 Items are typically by Agreed Price or Force Account, and have a unit of measure of Dollars/Cents (DC) and are serialized. For example: The first time it is needed for a contract, 950.05 is used, next time in the same contract use 950.0501, then 950.0502, etc.

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CHAPTER 8 TIME EXTENSIONS & CONTRACTOR CHARGES

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CAM SECTION 108-02 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect108-02.pdf CAM SECTION 108-03 http://axim22.nysdot.private:7779/portal/page?_pageid=39,1,39_161990&_dad=portal&_schem a=PORTAL NYSDOT §108-02 – 04: Completion Date, Failure To Complete Work, Delay Provisions SiteManager QRG #25 https://www.dot.ny.gov/main/business-center/trns-port/repository/25_QRG- CO_Extension_Of_Time.pdf

EXTENDING A CONTRACT

Site Manager does not allow any Estimates to be processed after the Project Completion date. Additionally, the Contractor is not legally authorized to do physical work. Therefore, an Extension of Time may be required to complete contract work and/ or for final contract closeout by the Field, Regional and Main Office

There are two (2) types of time extensions: 1. Administrative Time Extension2. Contractor Extension of Time

Administrative Time Extension is required if the contractor completes the work on or near the completion date. The Administrative Time extension is 15 days and is utilized to complete final change orders and estimates.

• Contractor is NOT allowed to work under an Administrative Time Extension• The Administrative Time Extension does NOT need a CONR 250• These days are to be used in calendar order not by the current calendar date.• 5 days are to be “saved” for the Regional Office to complete their contract closeout.• The Time Adjustment Change Order is processed – reviewed and approved by all levels

within Site Manager only UP TO THE RCE Level. (See QRG #25)

Contractor Time Extension is requested by the Contractor if they cannot complete the work by the scheduled contract Completion Date.

• Contractor is NOT allowed to work unless within completion date of Contract & hassufficient insurance covering the time period.

• Contractor Submits CONR 250 requesting Extension Of Time• Payments cannot be processed after the contract completion date.• Contractors Extension of Time is to be processed through to Order-On-Contract.

Process: CONTRACTOR submits Application for Extension of Completion Date (form CONR

250) to the EIC PRIOR to the Completion date, allowing ample time to process theChange Order (2 Weeks minimum, 4 weeks optimum to avoid delays in the field)

Field Office prepares Time Adjustment Change Order & attaches the CONR 250form (both sides of form) as well as any letter or other details and documentationsubmitted by the Contractor with the request to the header. Note: Use the mostapplicable reason code for the Time Extension you are submitting, TE-AddedWork, Contractor Delays, Unanticipated Field Condition…. Even a JOC Term

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Renewal if applicable. Regional Office Reviews the CO For:

• Factual information and comments concerning reasons cited by Contractor.• Allocation of days due to Contractor, and those beyond control of Contractor.• Statement if work is substantially complete and safe for use by public (used

to determine if Liquidated Damages are applicable). Regional Office Approves CO with or without charges annotated in ‘remarks’ of CO

Approval window. Office of Construction reviews and approves Time Extension CO

Review completed by Office of Construction Liaison, who then notifies MOConstruction Director and/or MO Construction Change Orders Specialist of theirrecommendation

OSC Reviews and Approves Time Extension

NOTE: The Change Order MUST be approved through DCES Level to continue work prior to the completion date.

Once CO is approved the system will update the Completion Date in Site Manager critical dates window.

Office Engineer’s Role: • Remind Contractor of need to initiate an Application for Extension of Completion Date

well in advance of current completion date.• Creates Time Extension (TE) CO in Site Manager.

CHARGES AND LIQUIDATED DAMAGES

Non-Payments (Charges) - Work Zone Traffic Control (Table in Standard Specifications §619-7)Engineering Charges (Defined in Standard Specifications §108-03A, Explained in CAM)• Assessed in cases where the work has been delayed by the Contractor.• Engineering charges include all appropriate engineering and inspection expenses

incurred by the State, its consultants and inspection agencies and by railroadcompanies.

• Fill out appropriate forms, for livery and hours worked (similar to force account) andcharge under Engineering Charges line item number.

Liquidated Damages (as defined in Standard Specifications §108-03B.) • Applied when work Is delayed By Contractor• Standard Specification Or Project Specific In Proposal Dollar Amount Per Day• Assessed under the appropriate line item number.Incentive/Disincentive• Disincentive is a Charge, Incentive Is Payment (Money In Job)• To Apply Charge (Disincentive), Use Liquidated Damage Item and Bring

Incentive/Disincentive Item To Zero through a Change Order.

Before a contract is closed out you must make sure the charges do not create a negative share.

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CHAPTER 9 PREVAILING WAGE REQUIREMENTS / CERTIFIED PAYROLLS

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PAYROLLS & WAGE RATES

CAM SECTION 102-10 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect102-10.pdf

FORMS https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/labor

PAYROLLS: Certified payrolls are to be submitted for all contractors working on site. (not required from suppliers, manufacturers, broker services, etc.)

• Includes subcontractors for the time period, if they worked. Keep a log• Payrolls are to be submitted on a weekly basis, or after every pay period. (Some

contractors paychecks are issued bi-weekly)• Require annotation of race/gender/name/address & an individually identifying number

for the employee(s).• Must show hours worked in each trade or classification (journey worker/apprentice).• Must show Wage Rate. Fringe Rate must be shown if paid in cash.• Payrolls are to be submitted on form HC-231-1 or form WH-347 (Exhibits in CAM)

for Federal Aid Projects.• A printed payroll submitted from a payroll system may be accepted for non-federal

aided contracts if it contains all required information and the Statement ofCompliance, original signature by the Contractor, is included. HC-231-1 is alsoacceptable.

• All payrolls are to be filed. May use Correspondence Function in SiteManager to Log..• Field Office is to verify payrolls are accurate and reported in EBO – and click “review”

button once complete. (See screenshots at end of this chapter)• Regional Compliance Specialist may conduct audits to compare information in

electronic Civil Rights Reports to the payroll received by the EIC.

WAGE RATES: Prevailing wages are to be paid to all contractor personnel and all subcontractor personnel Wage Rates Are Updated July 1st Each Year.

• Receipt of Labor Affidavits, AC2947, received for every Prime Contractor. (May go toRegional Office, Exhibits in CAM)

• Receipt of Labor Affidavits, AC2948, received for every subcontractor upon approval ofthe subcontractor. (Exhibits in CAM)

• A revised AC2947/8 is required for all contracts upon revised wage rates

WAGE RATE INTERVIEWS: • Wage rate interviews should be conducted as soon as possible after workers in a new

trade appear on the contract site.• At least one interview should be conducted in each trade employed by the contractor

AND each subcontractor. Intent is to sample each Contractor/Trade combination.• On multi-year contracts, interviews should be conducted annually (particularly after July

1st).• It is recommended to perform wage rate interviews on the contractor/subcontractor

payday so that the employee will know their pay rate.

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• MURK 10 Wage Rate Interview Formhttps://www.dot.ny.gov/main/business-center/contractors/construction-division/forms

• Part I is the only section to be filled out at time of interview – have the inspector fill outthis section with the employee being interviewed. After interview the inspector is tocomplete Part I and note it was performed in their Report (DWR) for that day and submitto Field Office to complete.

• Part II of the form is to be filled out by the Office Engineer or designee.Part II will compare the wage rate not only with the schedule but with the certified payrollattained from the Contractor/Subcontractor.

• The completed wage rate form should be filed in the contracts Wage Rate folder.

WAGE RATE INFORMATION: • Back of Proposal (Up to July 1st. Thereafter you will need an update from the DOL

Website)• Site Manager – Contract Administration Contract Records Contracts Attachment

Link• Link By PRC Number: (See example at end of this chapter)

https://applications.labor.ny.gov/wpp/showFindProject.do?method=showIt• Link By County:

https://applications.labor.ny.gov/wpp/publicViewPWChanges.do?method=showIt• Link For Archived Rates:

https://www.labor.state.ny.us/workerprotection/publicwork/ArchivedWageSchedules.shtm

NOTE: When checking rates, be aware that updates can be processed after initial Wage Determinations Listed in Proposal. By Checking the General Rates By County, You Get Updates. Federal Aid projects have federal rates which are usually less than the State rates but not always for all classifications.

BULLETIN BOARD

CAM SECTION 107-04 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect107-04.pdf

BULLETIN BOARD: The contractor is required to post, conspicuously, various Labor, EEO, Safety and General notices and posters.

• Contractor Posters to be Reviewed using Bulletin Board Checklist (See Below)• Contractor to be allowed to keep posters in a binder, readily accessible by employees in

the case of multisite or mobile contracts where there is no established location forworkers to report.

• Engineers Field Office Required to Post Several Notices as Well. (List in CAM 107-04Section III)

CHECKLIST AND MOST POSTERS LINK: https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals- computer-applications-general-information/bulletin-board

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PRC NUMBER

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CONDUCTING A PAYROLL AUDIT & RECORDING IN EBO

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CONDUCTING A PAYROLL AUDIT & RECORDING IN EBO

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CONDUCTING A PAYROLL AUDIT & RECORDING IN EBO

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CONDUCTING A PAYROLL AUDIT & RECORDING IN EBO

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CHAPTER 10

CIVIL RIGHTS

CIVIL RIGHTS REQUIREMENTS Common Acronyms

AA/AAP: Affirmative Action/Affirmative Action Program CUF: Commercially Useful Function DBE: Disadvantaged Business Enterprise (FEDERAL AID) DOL: Department of Labor EBO: Equitable Business Opportunity Solution - NYSDOT Approved Civil Rights Reporting

Software EEO: Equal Employment Opportunity GFE: Good Faith Effort MBE: Minority-owned Business Enterprise (Non-Federal FUNDED) RGN: Race/Gender Neutral RCS: Regional Compliance Specialist SDVOB: Service-Disabled Veteran-Owned Business (Non-Federal FUNDED) TSP: Training Special Provision (Section 691) WBE: Woman-owned Business Enterprise (Non-Federal FUNDED)

Contract Compliance

Contract EEO Goals – goals for women and goals for minority workers (2 reports) DBE or MBE &WBE Participation (subs/suppliers/vendors) % based on award $$ Prompt Payment – Prime to Subs/Vendors (7 days) Payments Acknowledged – by Subs/Vendors (7 days) CUF (review completed by EIC or staff)

EEO Monitoring and Reporting

Equal Employment Opportunity Utilization-EEO (minority & female workforce) % based on total work force for Prime and Subs o Women Goals – 6.9% Statewide o Minority Goals – base on county or – proposals contain chart

Contractor shows Good Faith Effort (GFE) only if Contract Goals are not met Goals are calculated on the MONTHLY UTILIZATION REPORT in EBO Goals are based on the payroll hours entered in EBO by Primes & Subs – accuracy counts!!

D/M/WBE Participation

DBE – Disadvantaged Business Enterprise – Federally Funded Contracts ONLY o Single Goal in the form of a percentage (%) stated in the Contract o Based on Award Price – not total payments o DBEs must be certified through the Unified Certification Program (UCP)

https://nysucp.newnycontracts.com o UCP Partners: NYSDOT, MTA, NFTA, PANYNJ

MBE/WBE – Minority-Owned or Woman-Owned Business Enterprise – 100% State Funded o Shown as two (2) goal percentages – one MBE & one WBE o MBE/WBEs must be certified by Empire State Development Corp.

https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp

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D/M/WBE Participation (cont’d)

SDVOB- Service-Disable Veteran-Owned Business – State Funded Projects only o State Funded Projects only (No Federal Money) o Single goal in the form of a percentage (%) stated in the Contract o SDVOBs must be certified by the Office of General Services (OGS) Division of Service-

Disabled Veterans’ Business Development. Participation counts toward the goal ONLY IF:

o DBE/MBE/WBE/SDVOB is certified for the items of work performing-refer questions to RCS)

o A Commercially Useful Function (CUF) Report indicates independence with: Management/Supervision Workforce/Labor Equipment Material/Supplies Performance (NOTE: When CUF Reports are completed, a copy goes to the RCS & a copy saved in Site Manager under the Civil Rights Tab)

Significant Revisions to a DBE/MBE/WBE/SDVOBs work or commitments (reducing, terminating, substituting) must be approved in writing prior to change (EIC/RCE with input from RCS)

DBE/MBE/WBE/SDVOB attainment MUST BE in reasonably close conformance to commitments o Commitments – what the Prime COMMITTED to pay the firm o Attainments - Actual payments for the work, not the bid amounts o Attainments are found in EBO under CONTRACT ANALYSIS

Trucking

A category all unto itself. See Office of Construction hand out for rules for Trucking; contains the most current decisions

from DOL (attached). EBO

• Current NYSDOT-Approved Civil Rights Reporting Software • EBO Contains:

o All required NYSDOT Forms – Sub-Approval, EEO, DBE/MBE/WBE/SDVOB o Contract items – bid amounts and commitments to sub firms/vendors o Monitors DBE/MBE/WBE/SDVOB attainments o Project work hours/Payroll Audits o Payments – Prompt Payments to Prime and Subs/Vendors Prime accept payments from NYSDOT within 7 days of receipt Prime must make payments to subs/vendors for their work/materials included in payment

from NYSDOT within 7 days and enter that data in EBO The Prime can document/note any issues or discrepancies in payments made to subs in

the Estimate # column (example – back charges) Subs/Vendors must accept payment from Prime within 7 days of receipt in EBO Subs/Vendors can comment on payment received to document any issues or

discrepancies in the actual payment received • Data must be entered/accurate by the 15th of the month for previous month (Prime/Subs/Vendors)

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EBO (cont’d) • CAM §105-21 III – EIC Quality Control – use Contract Monthly Checklist (attached)

o Checklist is to be done Monthlyo Completed checklist must be saved in ProjectWise Project Folder – Construction>Civil Rights

Monitoring.o RCSs complete Quality Assurance on EBO project data using similar checklist

• Final payments in EBO are indicated:o Estimate number with an “F” (ex. Est. 34F) ORo A payment entered/accepted with a $0.00 amount with FINAL entered in estimate column

• All data in EBO should be complete/accurate prior to releasing an estimate

Change Orders • Special attention must be paid by EIC/Staff on changes affecting DBE/MBE/WBE/SDVOB work• Increases/additional work items for DBE/MBE/WBE/SDVOB should be brought to the attention of

the RCS to ensure firm is certified to complete the work for credit toward the goal.• It is important to notify the RCS if any DBE/MBE/WBE/SDVOBs are negatively affected, so that

they can determine if the Prime’s needs to perform GFE, by soliciting DBE/MBE/WBE/SDVOBsfor additional work, in an effort to meet the goal(s).

• Change orders are imported into EBO• Once change order is approved, Prime must update each affected item in EBO:

o Revise the bid amounto Review the commitment to those items assigned to subs/vendors

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REGIONAL CONSTRUCTION ENVIRONMENTAL COORDINATOTRS

Region

Construction Environmental Coordinator (CEC)

Region 1 Steven Radzyminski

(518) 485-0969

Region 2 Heather Pritchard (315) 793-5449

Region 3 Rich Steele

(315) 448-7363

Region 4 Sarah Lazazzero

(585) 371-9278

Region 5 Janine Shepherd (716) 847-5080

Region 6 Daniel Johnson (607) 324-8370

Region 7 John Falge

(315) 785-2343

Region 8 Gretchen Fitzgerald

(845) 431-5826

Region 9 Larry Cutting

(607) 721-8215

Region 10 Raji Mathew

(631) 952-3357

Region 11 Majid Bukhari (718) 482-4792

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ASBESTOS

NYSDOT CIM Section 210 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CIM_210_1.pdf NYSDOT § 202 – Demolition of Buildings and Structures NYSDOT § 210 – Removal & Disposal of Asbestos Containing Materials (Buildings, Bridges and Highways)

NOTE: NYSDOT must provide Project Monitoring services and/or Compliance Air Monitoring services on all contracts that include asbestos abatement. EIC/OE must contact the Regional Construction Environmental Coordinator (CEC) at least 30 calendar days before work will begin so these Environmental Term Agreement services can be arranged through Main Office Consultant Management Bureau.

Asbestos Coordination/Start-up Meeting • Must be held at EIC Field Office at least 2 weeks before starting asbestos work• EIC, Contractor, Asbestos Sub, Project Monitor/Compliance Air Monitor must attend

• Regulatory Variances and Contractor pre-abatement submittals should bereviewed

• Asbestos abatement phasing and scheduling should be coordinated with regularconstruction phasing and scheduling

Remediation Contractor Submittals - Before Performing Work • Subcontractor Approval• NYSDOL Asbestos Contractor Handling License(s)• NYSDOL Asbestos Project Supervisor Certification• NYSDOL Asbestos Certifications for each worker• Proof that asbestos workers have current physical exams & respirator fit tests• Copies of notifications sent to NYSDOL and USEPA (if required)• Copies of NYSDOL regulatory variances being used on the contract (if required)• Copy of any bridge demolition plans that incorporate proposed procedures for

asbestos abatement

Project Monitor Submittals – Before Performing Work • One copy of NYSDOL Asbestos Project Monitor Certification• One copy of NYSDOL Asbestos Contractor Handling License

Compliance Air Monitor Submittals – Before Performing Work • One copy of NYSDOL Asbestos Project Air Sampling Technician Certification• One copy of NYSDOL Asbestos Contractor Handling License• One copy of NYSDOH Environmental Laboratory Approval Program (ELAP)

Certification

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Project Supervisor Submittals – Submitted Daily When Work Is In Progress • One copy of Project Supervisor Daily Log• One copy of worker entry/exit log for each work area

Project Monitor Submittals – Submitted Daily When Work Is In Progress • One copy of Project Monitor Daily Log• One copy of Project Monitor visual inspection reports

Compliance Air Monitoring Submittals – Submitted Daily When Work Is In Progress • One copy of Compliance Air Sampling Technician Daily Log• One copy of compliance air sample results

Remediation Contractor Submittals – After Work Is Complete (One Electronic Copy to Project Monitor)

• Supervisor Daily Logs• Worker entry/exit log for each work area• Final visual inspection reports• OSHA personnel air monitoring records• Waste shipment record for disposal of friable asbestos• Disposal certification for non-friable asbestos

Project Monitor Submittals – After Work is Complete (One Electronic Copy to EIC/OE) • One Compiled Electronic Document including all pre-abatement, during-

abatement and post-abatement contract record documentation

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CONTAMINATED SOIL

NYSDOT CIM Section 205 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect205.pdf NYSDOT § 205 – Contaminated Soil

Contractor Submittals – At Least 30 Calendar Days Before Working in Contaminated Areas • Two copies of a Contaminated Material Handling Plan – required if the

segregation and storage item is in contract• Two copies of a Field Organic Vapor Monitoring Plan – required if the field

organic vapor monitoring item is in contract• Two copies of a Sampling Plan – required if any sampling and analysis items are

in contract• Two copies of a Disposal Plan – required if the disposal item is in contract• One copy of Advance Notification Letters – Contractor must send letters to

NYSDEC and local fire department at least 10 calendar days prior to work

Contractor Submittals – When Work Is In Progress • One copy of Field Notes recorded by Field Monitor – submit within 5 work days of

recording• One copy of Laboratory Reports – submit within 2 work days of their receipt from

lab• One copy of Shipping Paperwork – submit receipts from transporter• One copy of Disposal Paperwork – submit receipts from disposal/treatment

facility within 2 work days of their receipt from facility.• Time Extension for Soil Storage – required if Contractor wants to store

contaminated soil for more than 40 calendar days (time limit begins on the firstday soil is placed in a stockpile, truck bed or roll off container).

NOTE: If contractor wants to store non-hazardous contaminated soil for more than 60 calendar days, contractor must also request approval from NYSDEC in accordance with 6 NYCRR Part 360.1.7(b)(4).

If the contractor wants to store hazardous soil for more than 90 calendar days, the contractor must request approval from NYSDEC in accordance with 6 NYCRR Part 373-1.1(d).

The segregation threshold for soil contaminated with gasoline is 25 parts per million or greater.

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CONTAMINATED SOIL FLOW CHART (From CIM Section 205)

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PETROLEUM STORAGE TANK CLOSURE

NYSDOT CIM Section 629 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CIM_629.pdf NYSDOT § 629 - Disposal of Paint Removal Waste

Safety & Health Is Critical • 40 Hour HAZWOPER w/8 Hour Annual Update Required For Contractor

Personnel Involved in Work (Copies In File)• Project Safety & Health Plan Must Be Provided• Plan Must Include Atmospheric Monitoring

Sampling • Endpoint Sampling Required (File Copies)

Documentation HC 629 Form To Be Filled Out By NYSDOT FOR EACH TANK

(Review Form Before Work To Make Sure Field Staff Gather NeededInformation)

Photographs, Test Results & Documentation Of Final Disposition of TankRequired To Be Submitted With Form

Submit To Local NYSDEC Office, Call CEC For Direction

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HAZARDOUS WASTE MANIFEST

NYSDOT § 571 - Disposal of Paint Removal Waste

EPA ID Number is assigned to every “site” that generates hazardous waste • “Site” can be a bridge or a specific location (like a street address)• ID Number will have 3 letters and 9 digits Example: NYR 987 654 321• Obtain ID Number from the Regional Hazardous Waste Contact or CEC

The Department is the Waste “Generator”

Most common hazardous waste generated by NYSDOT is lead-based paint waste

Hazardous Waste Manifest is required to transport hazardous waste • Form is used to track shipments and disposal• Every state must use the same form• Form is only one page long, but there are 5 carbonless copies

Transporter or Contractor usually supplies the Manifest and types the information • CHECK INFORMATION – MAKE SURE IT’S CORRECT AND LEGIBLE!

• The Department (Generator) is responsible for Boxes 1-15. SEE FACT SHEETS

• The Transporter is responsible for Boxes 16-17

• The Designated Facility (disposal facility) is responsible for Boxes 18-20

• Make two photocopies of manifest (before Transporter leaves site if possible)• Make photocopies of the first page if possible since it will be the most legible• Otherwise, make photocopies of Copy 6 (the copy Transporter leaves with the

Dept)

• Transporter leaves COPY 6 with the Generator (NYSDOT) and takes Copies 1-5• COPY 3 Comes Back TO Field Office From Disposal Facility

• Distribution of Copies: SEE FACTS SHEET• Copy 1 – Disposal Facility mails copy to Environmental Agency in Destination

State• Copy 2 – Disposal Facility mails copy to Environmental Agency in Generator

State (NYSDEC)• Copy 3 – Disposal Facility mails copy back to the Generator (NYSDOT)• Copy 4 – Retained by Disposal Facility• Copy 5 – Retained by Transporter• Copy 6 – Retained by Generator (NYSDOT)• Photocopy 1 – Department mails copy to Environmental Agency in Destination

State (Within 10 Days Of Shipment)

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• Photocopy 2 – Department mails copy to Environmental Agency in GeneratorState (NYSDEC) (Within 10 Days of Shipment)

• Make sure to give your Regional Hazardous Waste Contact and/or CEC aphotocopy of COPY 3 so appropriate fees and taxes can be paid.

NYSDOT must send a photocopy of the manifest to the state environmental agency where the disposal facility is located. Make sure you cross out “GENERATOR’S INITIAL COPY” at the bottom of the photocopy and write “COPY FOR DISPOSER STATE – MAILED BY GENERATOR” at the bottom of the photocopy before mailing.

NEW YORK - If waste was taken to a disposal facility in New York, mail photocopy to: New York State Department of Environmental Conservation DER – Hazardous Waste Manifest Section 625 Broadway Albany, NY 12233-7252

NEW JERSEY - If waste was taken to a disposal facility in New Jersey, mail photocopy to: New Jersey Department of Environmental Protection Compliance & Enforcement Bureau of Hazardous Waste & UST Compliance and Enforcement Mail Code 09-03, PO Box 420 Trenton, NJ 08625-0420

MICHIGAN - If waste was taken to a disposal facility in Michigan, mail photocopy to: Michigan DEQ Waste & Hazardous Materials Division P.O. Box 30038 Lansing, MI 48909-7538

OHIO - If waste was taken to a disposal facility in Ohio, mail photocopy to: Ohio EPA – DHWM ATTN: Out of State Manifest P.O. Box 1049 Columbus, OH 43216-1049

PENNSYLVANIA - If waste was taken to a disposal facility in Pennsylvania, mail photocopy to: Pennsylvania DEP Manifest Section P.O. Box 8550 Harrisburg, PA 17105-8550

MASSACHUSETTS - If waste was taken to a disposal facility in Mass., mail photocopy to: Mass DEP Bureau of Waste Prevention ATTN: Manifest One Winter Street, 7th Floor Boston, MA 02108

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FACT SHEET STORING & SHIPPING LEAD-BASED PAINT WASTE

(as of February, 2017)

NOTE: The following information applies to lead-based paint removed by abrasive blasting or non-abrasive methods (manual, shrouded mechanical or high-pressure water methods). It does not apply to lead-based paint that was removed using chemical strippers. If chemical strippers were used, it may alter the information that needs to be listed on labels and manifests. Obtain appropriate labeling and manifest information from contractor.

Containers Used For On-Site Storage Must Be Labeled As Follows: “HAZARDOUS WASTE” Contents: RQ, NA3077, Hazardous Waste, Solid, N.O.S. (D008), Class 9, PG III Accumulation Start Date: Insert date when waste was first placed in container

Containers Used For Shipping Must Be Labeled As Follows:

“HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency” Contents: RQ, NA3077, Hazardous Waste, Solid, N.O.S. (D008), Class 9, PG III Generator’s Name: NYSDOT Region Construction EPA ID Number: Insert number provided by the Regional Hazardous Waste Contact Manifest Document Number: Insert manifest tracking number that corresponds to the shipment Accumulation Start Date: Insert date when waste was first placed in container – this information is required for on-site storage, it is technically not required for shipment

Information To Be Included On Hazardous Waste Manifests NOTE: The Transporter will usually have the manifest filled out before they arrive on-site. The NYSDOT Inspector or EIC must verify the information is correct.

Box 1 Generator EPA ID Number: Insert number provided by the Regional Hazardous Waste Contact Box 2 Page Number: Insert “1” unless a manifest continuation sheet is used - then number consecutively Box 3 Emergency Response Phone: Insert “1-800-255-3924” (This is the number for Chem- Tel, Inc.) Box 4 Manifest Tracking Number: This number is pre-printed on the manifest Box 5 Generator’s Address: Insert address of the regional construction office Generator Phone: Insert phone number of the Regional Hazardous Waste Contact Generator’s Site Address: Insert contract name, contract number, BIN or other site identifier Box 6 Transporter 1: Insert name of transporter and their unique EPA ID Number Box 7 Transporter 2: Leave blank unless a second transporter will carry the waste. If so, insert name of second transporter and their unique EPA ID Number Box 8 Disposal Facility: Insert name, address and phone number of disposal facility and their unique EPA ID Number

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STORING & SHIPPING LEAD-BASED PAINT WASTE - continued

Box 9a Leave box blank unless you are shipping both hazardous waste and non- hazardous waste. Insert an “X” next to each hazardous waste

Box 9b USDOT Description: Insert “RQ, NA3077, Hazardous Waste, Solid, N.O.S. (D008), Class 9, PG III”

Box 10 Containers: Insert total number and appropriate abbreviation for type of containers being shipped

Box 11 Total Quantity: Insert weight of waste only – do not include weight of container (If quantity shown includes weight of container, insert a comment in Box 14 such as “100 lbs. waste weight + 40 lbs. container weight = 140 lbs. shipped”)

Box 12 Unit of Weight: Insert appropriate weight abbreviation, such as “P” for pounds or “T” for tons

Box 13 Waste Code: Insert “D008” in first box Box 14 Special Instructions: Insert “Refer to ERG #171”, “Reportable Quantity for Lead

= 10 lbs.” and “Send disposal certificate and copy of weight ticket to Generator” and any other appropriate information

Box 15 Generator’s Name: NYSDOT Inspector or EIC must sign and date manifest

After Boxes 1-15 are complete and the Transporter signs Box 17, the Transporter will leave one of the carbon copies of the manifest with you (GENERATOR’S INITIAL COPY). MAKE TWO LEGIBLE PHOTOCOPIES of the carbon copy (GENERATOR’S INITIAL COPY).

On the first photocopy, cross out “GENERATOR’S INITIAL COPY” at the bottom of the page and write “COPY FOR GENERATOR STATE – MAILED BY GENERATOR”.

On the second photocopy, cross out “GENERATOR’S INITIAL COPY” at the bottom of the page and write “COPY FOR DISPOSER STATE – MAILED BY GENERATOR”.

Mail the first photocopy to the NYSDEC at this address: NYSDEC DER – Hazardous Waste Manifest Section 625 Broadway Albany, NY 12233-7252

Mail the second photocopy to the state environmental agency where the disposal facility is located.

If the waste is taken to a disposal facility in New York, send both photocopies to NYSDEC in Albany. If the waste is taken out of New York, call the Regional Hazardous Waste Contact to get the proper mailing address for the second photocopy.

• The two photocopies must be mailed within 10 calendar days of shipment.• Place the carbon copy (GENERATOR’S INITIAL COPY) in the contract file.

Transport Vehicle Placards For shipments exceeding 1001 pounds or bulk shipments, truck placards should read “Class 9”

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FACT SHEET STORING & SHIPPING “DUM-DUM” PAINT WASTE

(as of January 12, 2015)

“DUM-DUM” IS LEAD-BASED PAINT WASTE THAT ALSO CONTAINS ASBESTOS

NOTE: The following information applies to lead-based paint removed by abrasive blasting or non-abrasive methods (manual, shrouded mechanical or high-pressure water methods). It does not apply to lead-based paint that was removed using chemical strippers. If chemical strippers were used, it may alter the information that needs to be listed on labels & manifests. Obtain labeling and manifest information from contractor.

Containers Used For On-Site Storage Must Be Labeled As Follows: “HAZARDOUS WASTE” Contents: RQ, NA3077, Hazardous Waste, Solid, N.O.S. (D008, Asbestos), 9, PG III Accumulation Start Date: Insert date when waste was first placed in container

Containers Used For Shipping Must Be Labeled As Follows: “HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency” Contents: RQ, NA3077, Hazardous Waste, Solid, N.O.S. (D008, Asbestos), Class 9, PG III Generator’s Name: NYSDOT Region Construction EPA ID Number: Insert number provided by the Regional Hazardous Waste Contact Manifest Document Number: Insert manifest tracking number that corresponds to the shipment Accumulation Start Date: Insert date when waste was first placed in container – this information is required for on-site storage, it is technically not required for shipment

Shipping Containers must have a second label containing the words “ASBESTOS WASTE”

Information To Be Included On Hazardous Waste Manifests NOTE: The Transporter will usually have the manifest filled out before they arrive on-site. The NYSDOT Inspector or EIC must verify the information is correct.

Box 1 Generator EPA ID Number: Insert number provided by the Regional Hazardous Waste Contact

Box 2 Page Number: Insert “1” unless a manifest continuation sheet is used - then number consecutively

Box 3 Emergency Response Phone: Insert “1-800-255-3924” (This is the number for Chem- Tel, Inc.)

Box 4 Manifest Tracking Number: This number is pre-printed on the manifest Box 5 Generator’s Address: Insert address of the regional construction office

Generator Phone: Insert phone number of the Regional Hazardous Waste Contact Generator’s Site Address: Insert contract name, contract number, BIN or other site identifier

Box 6 Transporter 1: Insert name of transporter and their unique EPA ID Number Box 7 Transporter 2: Leave blank unless a second transporter will carry the waste. If so, insert

name of second transporter and their unique EPA ID Number

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Box 8 Disposal Facility: Insert name, address and phone number of disposal facility and their unique EPA ID Number

Box 9a Leave box blank unless you are shipping both hazardous waste and non-hazardous waste. Insert an “X” next to each hazardous waste

Box 9b USDOT Description: Insert “RQ, NA3077, Hazardous Waste, Solid, N.O.S. (D008, Asbestos), Class 9, PG III”

Box 10 Containers: Insert total number and appropriate abbreviation for type of containers being shipped

Box 11 Total Quantity: Insert weight of waste only – do not include weight of container (If quantity shown includes weight of container, insert a comment in Box 14 such as “100 lbs. waste weight + 40 lbs. container weight = 140 lbs. shipped”)

Box 12 Unit of Weight: Insert appropriate weight abbreviation, such as “P” for pounds or “T” for Tons

Box 13 Waste Code: Insert “D008” in first box Box 14 Special Instructions: Insert “Refer to ERG #171”, “Reportable Quantity for Lead = 10

lbs.” and “Send disposal certificate and copy of weight ticket to Generator” and any other appropriate information

Box 15 Generator’s Name: NYSDOT Inspector or EIC must sign and date manifest

After Boxes 1-15 are complete and the Transporter signs Box 17, the Transporter will leave one of the carbon copies of the manifest with you (GENERATOR’S INITIAL COPY). MAKE TWO LEGIBLE PHOTOCOPIES of the carbon copy (GENERATOR’S INITIAL COPY).

On the first photocopy, cross out “GENERATOR’S INITIAL COPY” at the bottom of the page and write “COPY FOR GENERATOR STATE – MAILED BY GENERATOR”.

On the second photocopy, cross out “GENERATOR’S INITIAL COPY” at the bottom of the page and write “COPY FOR DISPOSER STATE – MAILED BY GENERATOR”.

Mail the first photocopy to the NYSDEC at this address: NYSDEC DER – Hazardous Waste Manifest Section 625 Broadway Albany, NY 12233-7252

Mail the second photocopy to the state environmental agency where the disposal facility is located.

If the waste is taken to a disposal facility in New York, send both photocopies to NYSDEC in Albany. If the waste is taken out of New York, call the Regional Hazardous Waste Contact to get the proper mailing address for the second photocopy.

• The two photocopies must be mailed within 10 calendar days of shipment.• Place the carbon copy (GENERATOR’S INITIAL COPY) in the contract file.

Paperwork Required For Shipping Each shipment of lead/asbestos paint waste containers must be accompanied by a completed Hazardous Waste Manifest UANDU a completed Asbestos Waste Shipping Record.

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CHAPTER 11

ENVIRONMENTAL DOCUMENTATION

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SPDES STORMWATER GENERAL PERMIT

NYSDEC GENERAL PERMIT 20-001 http://www.dec.ny.gov/docs/water_pdf/constgp020001.pdf NYS CIM Section 209 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CIM%20209.pdf NYSDOT §107-12 - Water Quality Protection

SPDES = State Pollutant Discharge Elimination System

SPDES Permit required for any construction contract disturbing 1 acre or more (5,000 square feet or more in NYC East of Hudson Watershed)

Authorization for coverage under the SPDES General Permit is obtained by Designer by sending a Notice of Intent (NOI) form to NYSDEC

• Site Log Book (3 ring binder) should be in field office at start of contract – Obtain from

CEC • Notice of Intent (NOI) • NOI Acknowledgement Letter from NYSDEC • SPDES General Permit (currently GP-0-15-002) • Stormwater Pollution Prevention Plan (SWPPP) • Contractor/Subcontractor SPDES Permit Certification (CONR 5) • SPDES Stormwater Pollution Prevention Plan (SWPPP) Revision (CONR 8) • SPDES Stormwater Inspection Report (MURK 6) • SPDES Stormwater Inspection Report - Continuation (MURK 6-1) • SPDES Stormwater Outlets to Waters of the U.S. - Continuation (MURK 6-2) • Notice to Disturb Greater Than 5 Acres of Soil (HC 209) • Notice to Reduce Frequency of SPDES Site Inspections (HC 210) • Copies of “Trained Contractor” and “Qualified Inspector” certificates or wallet

cards • Construction Schedule which addresses erosion and sediment control

Contractor and ALL Subcontractors must sign and submit CONR 5 forms. Some Regions Have These Submitted As Part Of Subcontractor Package At R.O.

Contractor and ALL Subcontractors involved in earth-disturbing activity must have at least one trained individual on-site whenever soil disturbing activities are performed (SPDES permit refers to this individual as the “Trained Contractor”), and the “Trained Contractor” must be identified in the CONR 5. Training must be NYSDEC Approved 4 Hour Course within the last 3 years. Certain Professions are except (Engineer, Landscape Architect, etc.) Get Copies Of Cards.

Department must have at least one trained individual on-site to perform Site Inspections. (Qualified Inspector). Training must be NYSDEC Approved 4 Hour Course within the last 3 years. Certain Professions are exempt (Engineer, Landscape Architect, etc.)

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Inspections Conducted Every 7 Calendar days during active Contract; every 30 Calendar Days during project shutdown. If Site Disturbance is Greater than 5 Acres, Inspection Frequency is 2 times every 7 Calendar Days.

“Qualified Inspector” (NYSDOT Staff) must take date-stamped digital color photos of all erosion and sediment control measures requiring corrective action and attach paper color copies to the SPDES Stormwater Inspection Report (MURK 6)

Department must provide the “Trained Contractor” with a copy of each SPDES Stormwater Inspection Report (MURK 6) (including photos) within one business day of the inspection

“Trained Contractor” must begin corrective actions within one business day of receiving the SPDES Stormwater Inspection Report (MURK 6)

“Qualified Inspector” must take date-stamped digital photos of erosion and sediment control measures after repairs have been completed, and attach paper color copies to subsequent SPDES Stormwater Inspection Reports (MURK 6) to document completion of the corrective actions

Department must send HC 209 Form to NYSDEC if more than 5 acres of soil will be disturbed at any given time (send before soil disturbance occurs)

Department must send HC 210 Form to NYSDEC before reducing the frequency of site inspections during temporary work shutdowns (e.g. - winter shutdown)

Notice of Termination form must be sent to NYSDEC when site undergoes final stabilization. Call CEC for assistance (CEC helps prepare the form in many regions)

Retain Site Log Book in contract file at completion of contract

CAUTION: If the contract doesn’t initially have coverage under the SPDES General Permit but ends up disturbing more than 1 acre of soil during construction – contact the CEC

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CAM SECTION 109-04 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/CAM_Sect109-04.pdf

NYSDOT § 109-04 – Partial Payments

QRG # 14 https://www.dot.ny.gov/main/business-center/trns-port/repository/14_QRG-Stockpile.pdf

FORMS https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals-computer-applications-general-information/payments

The intent of the Partial Payments (called Stockpiles in SM) provisions is to allow reimbursement to Contractors for the cost of materials obtained and stored for future use on projects. All the provisions stated in Standard Specifications §109-04 need to be met prior to reimbursement.

NOTE: INDIVIDUAL COMPONENTS OF AN ITEM OR RELATED ITEMS MAY BE COMBINED TO MEET THE MINIMUM MATERIAL COSTS.

To begin the Process:

• Material must meet eligibility requirements spelled out in the Standard Specifications.• The Contractor submits to the EIC the "Request for Partial Payment of Stored

Materials" form along with all the listed required documentation. Request must bemade by Prime only, even if it is for a Subcontractor or Supplier.

NOTE: “Certificate of Title” and “Warranty of Title” are the same document

• The EIC verifies the information and documentation submitted by the Contractor andthen completes section B of the request form.

NOTE: The quantity of material for which payments are made shall not exceed the estimated contract quantity for that item. In accordance with the specifications the partial payment cannot exceed the total invoice amount for the stored material nor will the request exceed 85% of the unit price for the item.

• The Request Form must be sent to the Regional Construction Engineer for signature,(some Regional Offices may require the entire package). The request may beapproved by the RCE or designee. Make a copy prior for the contract records.

• The RCE (or Supervisor) will sign and return the Request Forms.

• Click on Stockpile Icon in SiteManager and record payment, paying carefulattention to the QRG steps. The required forms/paperwork are to beattached to the Stockpile Panel for the item making payment.

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Example: On a bridge deck pour, the stay in place pans are a component of the pay item, and the contractor is requesting partial payment only on the pans.

• Say deck’s unit price is $100,000, and the cost of the pans is $10,000 (from theinvoice).

• In accordance with the Standard Specifications, 85% of the unit price is $85,000and the invoice is for $10,000, therefore the maximum partial payment will be$10,000.

• In Site-Manager under the concrete deck item – you will input the cost of 10,000dollars as invoice paid but this is also 10% of the item – since the dollar value is acomponent of the Item place a quantity of the whole deck and a conversion factor of10% or 0.10 so when the deck is poured the system will take back the 10% or 10,000dollars paid prior.

• After the 60 days minimum storage period requirement has been met, 50% of thepans have been placed. Site-Manager will take back 50% of $10,000 = $5,000.00automatically.

*** Stockpiles can be replenished in SiteManager when new material is delivered (i.e. for staged construction). However, replenishments and work performed should not be

recorded in the same estimate period in SiteManager. ***

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FINALING A CONTRACT

CAM SECTION 109-09 https://www.dot.ny.gov/main/business-center/contractors/construction-division/forms-manuals- computer-applications-general-information/murk_1a SiteManager – Quick Reference Guide (QRG) #30 https://www.dot.ny.gov/main/business-center/trns-port/repository/30_QRG-Final_Process.pdf

PRELIMINARY FINAL PROCEDURES

Verify that all Punch list work is complete.

Check over-runs, under-runs, items that have quantities that do not seem right.Ongoing throughout contract.

Process all necessary Change Orders. Complete Fuel/Asphalt/Steel Adjustments. DetermineFinal Contract Quantities. Send Formal Letter with Final CONR22.(Business Objects/FO Reports/Finals/Statement Of Quantities Used CONR22 Final)

Inform Contractor in writing of all lacking paperwork/information for closeout. This may includePayrolls, Material Acceptance, Shop Drawings, Payment Acknowledgements, etc. (Can becombined with above Final Quantities Notice).

Be careful not to overpay the contractor. Pay particular attention to negative priceadjustments. Negative adjustments need to be made on a regular progress estimates.

Ensure that estimates of Force Account Work (FAW) have been closed out by Change Orderwith actual force account records.

A “Clean-Up Change Order” will be needed to remove all unused quantities and add any quantitiesfor work performed. All items must equal zero in order to final.(Business Objects/FO Reports/Finals/Final Clean-Up Change Order Quantities)

Follow QRG 30 – Assure All Samples closed, Interim Quantities Removed, DWR’sapproved, etc.

Ensure that all Initial Entry R.O.W. forms have been sent to the Regional Real Estate Officer.

Notify Permits and Bridge Inspection of completion of work for their information whenappropriate.

Make sure Regional Traffic and Safety Office has inspected and approved all traffic and safetydevice

Make sure structural reproducibles (shop drawings) have been submitted to DCES

Calculate any necessary Uncompleted Work Agreements (Chapter 14)

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FINAL INSPECTION 109-09 E

The EIC and the Construction Supervisor agree that a final inspection date can be established based on the Contractor’s work schedule and substantial completion.

• Coordinate all final inspections with required agencies (Town, Village, Utilities, NYSDOTGroups, Railroads…etc.). Notify agencies when completion is imminent so that anycomments can be incorporated into the “Punchlist”

• Let Supervisor know that project is ready for a Final Inspection

• Notify FHWA (if Full Oversight/RFA Project) for a Final Inspection. Recommendation to acceptthe contract may be made by the Region without the FHWA inspection.

RECOMMENDATION FOR CONTRACT FINAL ACCPETANCE

The Final Inspection, Recommendation for Acceptance, and Official Acceptance (Main Office) MAY proceed even if there are outstanding Change Order(s). HOWEVER, submission of Final Package, cannot proceed until all CO’s have been processed and approved, all progress payments paid out, and final contract acceptance has been given by the Main Office.

Determine Last Day of contract item work done by Prime and SubcontractorsNotify the Regional Contract Administrator of the “Contractor’s Last Day of Work” so that it is inputted into “Critical Date” in Site Manager.

Write memo recommending acceptance to the RCE (Optional, By Region)https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction-repository/final_recommend_eic.doc• Include Federal Forms CONR 193 (always for federally funded).• Identify the need for an “Uncompleted Work Agreement”.• Part of the field recommendation for acceptance requires the “Status of Approved

Structural Drawings” which is required as part of the CONR 45 sent from the Region. Thisstatement MUST include a list of what drawings are still outstanding and what has beensubmitted with date.

• Confirmation that acceptance has been obtained from “cooperating” agencies(CAM §109- 09.III.B)

The Regional Finals Specialist will then compile the “Recommendation for Acceptance” memo(CONR 45, From Business Objects) and send to the RCE.• The Finals Specialist or Regional Contract Administrator will input this date into “Critical

Dates” In SiteManager.The Regional Finals Specialist will notify the field office that the ‘recommendation foracceptance by Region’ has occurred. The Diary continues until the last needed entry ismade.

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PRELIMINARY FINAL PACKAGE WORK (FOR FINAL AGREEMENT)

Obtain Final Acceptance (Regional Office will notify EIC of Contract Final Acceptance Date)

Print Copy Of Final Package Checklist(Business Objects/FO Reports/Finals/Final Package Checklist)

Process all Change Orders, Pay Contractor and Write Cleanup Change Order to Bring ContractTotal to $0. Follow QRG 30 and complete all SiteManager tasks. (EIC - May be previously bedone)

Do not submit the Final if there are any outstanding issues such as a Dispute/Claim or anAdministrative Settlement that are to be processed which then would require a Change Orderand payment. (EIC Or Regional Finals Person)

RUN FINAL ESTIMATE (Regional Finals Person)

CONR 46 & Final CONR22 Sent To Contractor (EIC or Regional Finals Person)

Verify that the Final Package is complete.• If there is outstanding paperwork needed from the Contractor - NOTIFY THE

CONTRACTOR IN WRITING. (EIC or Regional Finals Person)

Bring completed final package with the final package checklist into the Regional Office forreview to Finals Person.

NOTE: EIC tracks any delays in final paperwork, change orders or other contractor responsible delays in the Diary. Diary not required to be completed each day after last day of work. However, notations should be made referring to the last entry so as to “close out” dates where no Diary completed

CONTRACT FINAL AGREEMENT

Contract Final Acceptance is the Department’s acceptance of the physical contract work as complete and NYSDOT highway/facility operation assumes the maintenance responsibilities. Local maintenance responsibility also begins at final acceptance.

CONR 22 – Final Statement Of Quantities - ALWAYS

CONR 46 – Final Agreement Signed By Contractor & RD or Designee (RCE) - ALWAYS

FINAL AC 2947 & AC 2948 – One Original From Prime (2947), One Original From EachSubcontractor (2948) – ALWAYS

Subcontractors First/Last Day Work Report - ALWAYS

Release Of Claim – If Needed

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FINAL PACKAGE

The Regional Finals Person submits final package to Main Office. THE FINAL PACKAGE CHECKLIST DEFINITIONS:

• ACCEPTANCE DATE - The Acceptance Date will be the date the contract was accepted byDeputy Chief Engineer for the Commissioner.

• AC 2947 – LABOR AFFIDAVIT (Prime) - The date required in clause 5 (five) is the last day ofwork. This date cannot extend beyond the completion date.As per clause 5, a separate list is required if there are subcontractors working on the site. SeeSUBCONTRACTORS LAST DAY OF WORK listed below.The AC 2947 must be signed and notarized with the commission expiration date noted.

• AC 2948 – LABOR AFFIDAVIT (Subcontractor) - The AC2948 must be signed and notarizedwith the commission expiration date noted. All AC2948s for the contract are to be in file folder.The LATEST AC2948 must be submitted for all Subcontractors with the Final package as notedon the checklist.NOTE: Not required for Suppliers, Services or Off-Site Trucking.

• RELEASE OF CLAIM – When a settlement has been reached on a contract, a general releasefrom all future disputes and claims is executed by the contractor.

• SUBCONTACTORS LAST DAY OF WORK- Print out from reports the Subcontractors approvedfor Contract and make sure first day and last day of work recorded. (Business Objects/FOReports/Finals/Prime & Sub First & Last Day of Work by DWR Date)

• AAP-33 MONTHLY EMPLOYMENT UTILIZATION REPORTThe AAP 33 is submitted by the Contractor into EBO – verify all required submissions havebeen inputted in an addition to the AAP 19s. (Typically By Regional Compliance Specialist)

• AAP-26 TRAINING REPORT (IF YOUR PROJECT HAS THIS REQUIREMENT)A notation for each trainee on the contract along with their JT/AT 401 are to be inputted intoEBO, confirm the reports are in the system. (Typically, By Regional Compliance Specialist)

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PREPARATION OF FINAL RECORDS

CAM Section 90 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect90.pdf

Contact Regional Office for procedure of securing and labeling of Project Records for archiving.

Recycle duplicate information – do not need multiple copies of the same thing

For any unstamped records that have been or are in a book or envelope need to be labeled:

PROPERTY OF NEW YORK STATE DEPARTMENT OF TRANSPORTATION IF FOUND PLEASE RETURN TO:

NAME, REGIONAL DIRECTOR REGIONAL OFFICE ADDRESS

AS-BUILT DRAWINGS / RECORD PLANS / SHOP DRAWINGS CAM SECTION 91 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect91.pdf

As-Built Records are very important and may be developed using As-Bid plans/proposals or electronic CADD files.

Field Revision Sheets are for MINOR changes made in the field or by the Designer, may need PE stamp. The sheet number is the original sheet number that is being superseded or supplemented followed by an “R1”.

Field Change Sheets are for Major Changes made by PE, must be stamped and incorporated on an existing Change order by adding the statement in the CO description “this CO is also to add Field Change Sheet #56F-1”. Sheet numbers for Field Change Sheets are followed by an “F1”.

Shop Drawings: Items of the contract that are professionally designed and sealed shall be incorporated into the as-builts. Examples include Steel and Concrete Girders, Precast Concrete Boxes or Sections and Overhead sign structures. These sheets should be added at the end of the plans and remain un-numbered

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UNCOMPLETED WORK AGREEMENTS

CAM SECTION 109-10 https://www.dot.ny.gov/main/business-center/contractors/construction-division/construction- repository/CAM_Sect109-10.pdf

QRG # 33 – Typically done by Regional Office https://www.dot.ny.gov/main/business-center/trns-port/repository/33_QRG- SM_UWA_Process.pdf

In lieu of an extension of time the Contractor can ask for and Uncompleted Work Agreement (UWA)

This will allow the Department to accept a contract that is not totally complete

Essential contract items MUST be completed and cannot be included in Uncompleted Work

UWA’s are for minor itemslandscaping items, turf establishments, minor sidewalk replacements, driveway repairs, or

other incidental work items.

Would an UWA put the Department at Risk? (Failure of materials, unknown work scopes…) Do Not put this type of work on an UWA

The Field Office prepares a list of items to go on an Uncompleted Work Agreement � Include Item, Quantity, price and expiration date (if applicable). � If work is not completed prior to completion date, then the amount of the item cost gets multiplied

by 2 � If work is complete but requires an UWA then the amount gets multiplied by 10% x 2 (or 20%)

(20% would be used for planting items that have POE) � Ensure quantities are adequate to cover the remaining work because they cannot be altered

later � Should WZTC be included?

Get concurrence with Contractor and submit to Regional Office (Typically Finals Person)

Items put on an UWA must be paid for on an estimate prior to final

You may have multiple UWA’s

The POE or Post Planting Care Period starts when the very last plant has been planted. Typical period is 1 year, check specifications

Plantings, Turf & Wildflowers: EIC should do an inspection and involve your Regions Environmental Coordinator and/or Landscape Architect

Regional Finals person needs to be notified when uncompleted work is acceptable

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Example 1 CONTRACT D26XXXX

UNCOMPLETED WORK AGREEMENT

UWA #1 PLANTING with POE

Item Number Description

611.010154M Planting Major Deciduous Tree Species 24 each x $360.00/ea. = $ 8,640.00

611.020184 Planting Minor Deciduous Tree Species

611.040152M

x 0.10 (10%) $ 1,539.00

Uncompleted Work Agreement x 2.00

$ 3,078.00 EXPIRATION DATE xx/xx/xx

(one year from date of last planting)

Example 2 CONTRACT D26XXXX

UNCOMPLETED WORK AGREEMENT #1

Item Number Description Item 611.0252 Post Planting Care with Replacements

30 ea. X $100 = $3000.00 X 2 = $6000.00 expires xx/xx/xx

UNCOMPLETED WORK AGREEMENT #2

Item Number Description Item 680.72 Inductance Loop Wire

1,000 Feet X $1.75/Foot = $1,750.00 X 2 = $3,500.00 (total)

6 each x $300.00/ea. Planting Deciduous Shrub Species

= $ 1,800.00

55 each x $90.00/ea. = $ 4,950.00 TOTAL = $ 15,390.00

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