Phase V - Construction
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|The construction phase of projects is very visible and generally there are travel/inconveniences and neighborhood disruptions. For this reason, it is the most important phase for City staff and Consultants to plan for the least possible construction time period.
A partnering or the team approach usually is recommended. The Contractor, utility companies, City staff and Consultant all work as a team to construct the project. The tasks in this and previous phases facilitates this partnering process.
In order to have a successful project, the following must occur:
Task No. 1 - Prepare for Temporary Financing
The Law Department will prepare the documents for providing project temporary financing.
Task No. 2 - Submit Agency Cash Flow Projection
Subsequent to Contract award by the City Council, the Project Manager shall submit to the project funding agencies, if required, a project cash flow projection on their standard forms. Currently, Johnson County CARS and KDOT do not require a cash flow projection.
- Exhibit No. V-2 is Johnson County SMAC cash flow form.
Task No. 3 - Submit Cash Flow Projection to City Finance Department
Subsequent to Contract award by the City Council, the Project Manager shall submit a cash flow for the project (update if applicable) to the City Finance Department. See Phase II, Task No. 7 for standard cash flow form.
Task No. 4 - Distribute Executed Contract Documents
If a Consultant is involved, five copies need to be prepared for the Contractor’s execution. Two copies go to the Contractor (one of which the Contractor is to forward to the surety company), one to the consultant, one in the Public Works file, and the original (with original insurance certification and Power of Attorney for the Performance and Statutory Bond) goes to the City Clerk with the award/reject letters. Six additional copies should be prepared for KDOT projects and one additional copy should be prepared for SMAC and CARS projects. The Agreement, Performance Bond, Statutory Bond and/or Labor and Materials Payment Bond, and Appointment of Agent for Service of Process are filled out by the Contract Specialist.
The Contractor is given ten (10) days to execute their part of the Contract Documents. The Contractor must have all his insurance certificates, bonds and agent for service of process filled out, sealed, and Power of Attorneys attached. The Instructions to Bidders has the proper insurance requirements. Be sure their insurance certificate has enough coverage. The Agent for Service of Process is not required if the Contractor’s business is located in the state of Kansas or if the Contractor is located outside of Kansas but is on file and in good standing with the State. The Contract Specialist calls the State to get this information.
The Contract Documents are then sent to the Law Department after they have been properly executed by the Contractor. The assigned attorney will "approve as to form" and send them back to the Contract Specialist. After the assigned attorney's approval, they go to the City Clerk's office for the Mayor and City Clerk to sign.
- Exhibit No. V-4a is a sample transmittal letter to KDOT.
- Exhibit No. V-4b is a sample transmittal letter to the Contractor.
For CARS projects the City must submit, to the Johnson County Director of Infrastructure, one copy of the executed Contract Documents and a half size set of singed Construction Plans along with a CD containing a PDF of the executed Contract Documents and TIFF images of the Construction Plans. The County also requires a list of CARS non-participating items with the transmittal. The City must also request and receive a "Notice to Proceed" from the Johnson County Director of Infrastructure before initiating construction on a project. For a letter detailing the CARS requirements see Exhibit No. III-7a.
- Exhibit No. V-4c is a sample Contract Document and Plans transmittal letter to CARS with request for "Notice to Proceed".
See :Exhibit No. V-4d for a distribution list of agencies and personnel that are to receive executed Contract Documents and Final Plans.
|Note: For KDOT Projects this task is tracked by KDOT see Exhibit No. II-16. The Project Engineer shall ensure this task is complete.|
Task No. 5 - Complete Sales Tax Exemption Forms
The Contract Specialist will get a sales tax exemption number from the Kansas Department of Revenue for the Contractor's use when purchasing materials for all projects. The request will be made on-line at http://www.ksrevenue.org/pecwelcome.htm. Exhibit No. V-5a New requirements as of 8-1-06 for submitting Request for Projects Exemption Certificates. (State of Kansas)
Exhibit No. V-5b is a sample transmittal letter from the Division of Taxation with Exemption Certificate.
Exhibit No. V-5c is a sample transmittal letter to the contractor regarding Exemption Certificate.
Task No. 6 - Complete Material Testing Contracts
The Project Manager shall evaluate the proposals received resulting from Phase IV, Task No. 2. The firm with the lowest responsible and qualified proposal will be contacted and advised that their proposal has been accepted. Exhibit No. V-6a is a sample letter to selected material testing lab.
Exhibit No. V-6b is a sample letter to material testing lab not selected.
The director of Public Works is authorized to sign contracts up to $10,000.
The City Manager is authorized to sign contracts between $10,000 and $50,000
The City Council must approve all contracts exceeding $50,000. Refer to COP 247.
Task No. 7 - Schedule Pre-Construction Conference/Project Sign Confirmation
Subsequent to distributing executed contract documents and prior to issuing Notice to Proceed, the Project Manager will schedule a pre-construction conference. Meeting minutes will be distributed to those in attendance at a later date.
Some of the items that should be covered during the conference are:
review the plans, special provisions and specifications for the project,
meet the Contractor’s assigned Superintendent,
meet the Sub-Contractor(s),
receive/discuss the Contractor’s schedule,
confirm City’s payment schedule,
status report/confirmation of utility relocations,
review/presentation of City’s pre-construction checklist,
answer contractor questions,
distribute contractors submittal checklist Exhibit No. IV-1a and review requirements,
distribute Approved Materials List,
distribute SWPPP Notebook to Contractor, review requirments and obtain signature for Contractor Certification Form (included in the SWPPP),
determine if a City Field Building Permit is required by the Contractor,
introduce and distribute information for Excellence in Construction, Contractor Evaluation System,
distribute Contractor's Certification Form for Stormwater Discharges Associated with Construction Activity.
Exhibit No. V-7a Excellence in Construction information document.
Exhibit No. V-7b Excellence in Construction evaluation form (Attachment "A").
Exhibit No. II-9d is a meeting sign in sheet.
Exhibit No. V-7c is a sample pre-construction invitation attendance letter.
Exhibit No. V-7d is a sample pre-construction agenda.
Exhibit No. V-7e is the City’s standard pre-construction meeting checklist.
Exhibit No. V-7f is a sample of a City’s Field Building Permit for electrical work.
Exhibit No. V-7g Contractor's Certification Form for Stormwater Discharges Associated with Construction Activity.
The following persons/firms will be invited to attend this conference.
Director of Public Works,
City Engineer/City Traffic Engineer,
Manager, Maintenance Operations,
Traffic Maintenance Locate Representitive,
Contractor’s representative and project Superintendent/Sub-Contractors,
Utility company representatives,
Project team members,
Erosion and Sediment Control (ESC) Plan Reviewer.
KDOT (if applicable), and
Material testing laboratory.
When KDOT administers the project, a LPA Preconstruction Conference will be held.
Exhibit No. V-7h is a LPA Preconstruction Conference agenda.
Note: An address must be established for each streetlight control center and traffic signal location for KCPL billing and reference purpose.
Before construction begins on any CARS or SMAC project, the City must erect a sign in the immediate vicinity of the project identifying it as a CARS or SMAC program project. However, if the project has Federal funding in addition to CARS or SMAC the project sign is not to be erected. The sign specifications will be furnished to the City by the County upon request.
Task No. 8 - Send Information Letter to Residents
When the Project Contractor has been confirmed (Contract executed), the Project Manager will send an informational letter to all residents/businesses affected by the project. The primary purpose of this letter is to invite the residents to the 4th Public Information Meeting and to stress the importance of safety during the project construction time period. If a resident has not attended any of the public information meetings, this letter can also bring the resident(s) up-to-date regarding the project. Exhibit No. V-8 is a sample information letter to residents.
Task No. 9 - Schedule 4th Public Information Meeting
The Project Manager shall schedule the fourth Public Information meeting. The primary purpose of this meeting is to introduce the Contractor’s employees who will be involved in the project. The Contractor’s representative should explain how the project is to be constructed, access to property during construction, and who to contact (Contractor’s employees) during the normal work day and during the night and weekends. For KDOT projects the Notice of Public Information Meeting must be published in the Kansas Register and Overland Park Sun.
See Phase II, Task No. 17 for list of invites. Exhibit No. V-9 is an example Invitation Letter to property owners.
Exhibit No. V-9a is an example Notice of Public Information Meeting.
Exhibit No. V-9b is an example Public Information Meeting agenda.
Exhibit No. II-17b is a public meeting sign in sheet
Task No. 10 - Issue Notice to Proceed
After the Contract Documents have been fully executed and Pre-Construction meeting has been held, the Consultant/Project Manager shall issue the “Notice to Proceed”. This notice shall state the date the work is to begin, intermediate completion dates if applicable and, the date the work is to be completed. The Notice to Proceed shall not be issued prior to the Pre-Construction meeting. For KDOT projects, a copy of the Notice to Proceed is to be forwarded to the District One office, the Kansas City Metro office and BLP.
Prior to issuing Notice to Proceed, the Contract Specialist will request and receive from the contractor copies of all DBE subcontracts and at least one randomly select non-DBE subcontract. The Contract Specialist will verify that each of these subcontracts contain FHWA 1273 documents.
For CARS projects, the City must request and receive a "Notice to Proceed" from the Johnson County Director of Infrastructure before initiating construction on a project. see Phase V, Task No.4.
Exhibit No. V-10 is a sample Notice to Proceed to the contractor.
At this time project photos should begin. The project photos should include "before", "during", and "after" shots of significant work areas and items. To best depict progress the photos should be taken from the same vantage points throughout construction. Example project photos Metcalf Avenue at 115th Street looking north.
Task No. 11 - Complete Submittals Review
The Consultant/Project Manager shall assign personnel to review Contractor submittals. The objective is to respond to these submittals within 7 calendar days if a City designed project and 14 calendar days if a Consultant designed project. The submittal checklist is to be updated as submittals are reviewed and approved. It is very important that material certifications and mix designs be received and approved prior to placement.
Rather than the Contractor submitting catalog cuts for items on the Approved Materials List, they can complete the Project Submittal Forms. The City or Consulting Engineer will review the forms against the approved list. Items which are not on the approved list will need to be submitted with catalog cuts, sample of product and specifications for review.
Exhibit No. IV-1a is a contractor submittals checklist. (from Phase IV, Task 1)
Exhibit No. V-11a is a storm sewer structure shop drawing checklist.
Exhibit No. V-11b is a copy of the City's Concrete Mix Design Requirements with approval letter.
Exhibit No. V-11c is a transmittal letter to the contractor for completed submittals review.
Task No. 12 - On-Going Inspections
The Project Inspector will be identified/assigned early in the preliminary design process and will be a member of the City Project Team. Other inspectors may be assigned to the project on a full or part time basis depending upon the construction activity occurring. An inspector may be assigned to more than one project. The inspector(s) shall keep a daily journal/log for each project. This journal/log shall record the temperature, weather, contractor activities, material testing performed, utility relocation information, contact with citizens, visitors to the site, and any important daily communication between the Contractor’s Superintendent and the inspector(s). Excellence in Construction, Contractor Evaluation shall also be tracked throughout construction.
If applicable, see Electrical Service Permit Procedures for Street Lighting Controllers or Traffic Signals Controllers.
- See Commercial Building Permit Application.
- See sample Inspection Record and fax transmittal.
- See Blank Inspection Record Form.
Refer to Land Disturbance Permit and Erosion and Sediment Control Process as it pertains to initial installation and inspection of erosion and sediment control measures, the SWPPP notebook, and ongoing inspection of control measures throughout construction.
On KDOT projects the assigned inspector(s) will be KDOT Certified Inspector(s).
Exhibit No. V-12a is a copy of the City's Daily Inspection Report (excel format).
Exhibit No. V-12b is a copy of the City's Daily Inspection Report in (word format).
Exhibit No. V-12c is a copy of the City's Concrete Inspection Requirements.
Exhibit No. V-12d is a copy of the City's Summary of Cold Weather Concrete Procedures (11/22/00).
Exhibit No. V-12e is a copy of the City's Sidewalk Ramp Inspection Form.
Exhibit No. V-12f is a copy of the City's Initial Erosion and Sediment Inspection Form.
Exhibit No. V-12g is a copy of the City's Weekly Erosion and Sediment Control Inspection Report Forms, Amendments Log and BMP Inspection Checklist. Contractor may use their own inspection forms, subject to review and approval by the Project Team.
Exhibit No. V-12h is a copy of the City's Erosion and Sediment Control Quality Assurance Form.
Exhibit No. V-12i is a copy of the City's Erosion and Sediment Control Final Inspection Form.
Exhibit No. V-7a Excellence in Construction information document.
Exhibit No. V-7b Excellence in Construction evaluation form (Attachment "A").
As-Built Plan Procedure Flow Chart is to be followed once construction activities begin.
KDOT can performed construction audits on City Administered Projects at any time. See KDOT Construction Oversight Questionnaire for a list of items that will be of interest during an audit and shall be used in gathering information when preparing for an audit.
Task No. 13 - On-Going Material Testing
The City will prepare and provide the selected Material Testing Laboratory with a Project Data Sheet for project coordination and communication. The guidelines for quality control/material testing will be performed using the guidelines as described/outlined in the Sampling and Testing Frequency Chart.
All sampling will be performed at random locations in accordance with the KDOT Construction Manual, Part V, Section 5.17.06. See Exhibit No. IV-2f for the Material Sampling and Testing Frequency Chart.
Exhibit No. V-13b is an example of a transmittal letter and the City's Project Data Sheet.
Exhibit No. V-13c is the City's Material Testing Log Sheet (excel format).
Exhibit No. V-13d is the City's Material Testing Log Sheet (word format).
Exhibit No. V-13e is the City's Material Testing Recap Log Sheet (word format).
Exhibit No. V-13f is a spreadsheet used to calculate concrete unit weight based on supplier mix design and field test results.
Task No. 14 - On-Going Contractor Payments
The City pays Contractors and Consultants, if applicable, on a monthly basis. Ten percent is withheld from Contractor payments until the project is completed. The Consultant will be paid monthly based upon the terms of the agreement.
The Consultant/Project Manager in consultation with the Project Inspector will prepare the Contractor’s monthly payments based upon work completed by the 25th day of the month. Payments will be forwarded to the Contract Specialist for further handling.
If Consultant payments are necessary, the Consultant shall invoice the City according to the terms of the agreement. These invoices shall be directed to the Project Manager.
On KDOT projects, reimbursement vouchers must be submitted to the KDOT Area Engineer's Office on a monthly basis for processing through the CMS System. Note: The City no longer needs to calculate a reimbursement rate. KDOT current practice is to pay project charges at the 80/20 ratio until federal funds are all spent and the remaining costs are charged 100% to the City.
Current contact is:
Kansas Department of Transportation
1290 South Enterprise
Olathe, Kansas 66061-5355
Appropriate documentation must be provided to justify the payment. Documentation will be copy of the invoice, the pay estimate and the check to the Contractor.
Exhibit No. V-14a is a template with instructions for creating a Monthly Pay Estimate.
Exhibit No. V-14b is a DOT Form 1008: DBE Payment Affidavit.
Exhibit No. V-14c is the Certificate of Subcontract Work and Payment.
|Note: On all KDOT projects, the Project Manager in conjunction with the Project Inspector shall conduct Wage Rate Interviews and complete KDOT Form No. 209.|
Exhibit No. V-14d is KDOT Form No. 209 and requirements on conducting Wage Rate Interviews.
Task No. 15 - On-Going Change Orders
The Consultant/Project Manager shall prepare a change order to construct additional items of work, modify the contract time, or change the character and scope of the work. Each change order shall include a change to the contract time, or indicate that no change in the contract time is included. The change order shall be signed by the contractor prior to execution by the City. Refer to COP 247
A final change order shall be prepared at the end of each project indicating final quantities (overruns and underruns).
For KDOT projects, see Exhibit No. V-15e which summarizes the procedure for processing construction change orders. All change orders shall be forwarded to KDOT’s Area Engineer in charge of the project, prior to execution by the City.
For CARS projects, the City must receive written approval of Johnson County for change orders and project scope modifications if CARS program participation is anticipated in the change order cost.
Exhibit No. V-15a is a blank change order form. (Word Format)
Exhibit No. V-15b is a blank change order form. (Excel Format)
Exhibit No. V-15c is a sample completed change order form.
Exhibit No. V-15d is a sample change order transmittal letter.
Exhibit No. V-15e summarizes the procedure for processing construction change orders for KDOT projects.
Task No. 16 - On-Going Construction Administration
The Consultant/Project Manager shall be responsible for Construction Administration. These duties shall include, but not be limited to the following:
Visit the Construction site weekly when construction activity is occurring.
Hold regular progress meetings.
Prepare/approve monthly Contractor/Consultant pay estimates as well as change orders.
For KDOT projects, submit all required information, paper work and forms to BLP/Resident Engineer.
For CARS and SMAC projects, complete project status reports at the request of the Johnson County Director of Infrastructure.
Update Project Journal in the Project Database.
Receive telephone inquires and respond accordingly.
Handle project correspondence.
Prepare/approve payment for material testing.
Approve partial acceptance for certain work items, i.e. streetlights and traffic signals.
Conduct final inspection.
Approve final Contractor/Consultant payment.
Submit annual staff billing reports to the Finance Department for projects which staff time is reimbursable. This also includes Improvement Districts.
Exhibit No. V-16a is a sample progress meeting agenda.
Exhibit No. V-16b is a sample progress meeting minutes.
Exhibit No. V-16c is a sample of a Staff Billing Report to finance.
|Note: The City will accept certain project work items prior to final project acceptance. As an example, streetlights that have been burning for the required contract time period.|
Task No. 17 - Complete Final Inspection and Prepare a Punch List
The Consultant/Project Manager shall schedule a final inspection when the project is complete and the Contractor/City inspector concurs that a final inspection is appropriate. The inspection party shall be the members of the City Design Team, the Consultant/Project Manager, Contractor/Sub-Contractors representatives and all other funding sources representative such as KDOT, CARS and SMAC.
As a result of this inspection, a “Punch List” will be prepared by the Consultant/Project Manager and forwarded to the Contractor. All items on the "Punch List" are to be addressed by the Contractor before final payment is approved.
If the project is complete except for sod/seeding due to season restrictions, the Contractor will be advised of the next time period when this work will be completed. An amount of money to perform this work shall be held from the Contractor until this work is complete.
Exhibit No. V-17 is a sample “Punch List” for the Contractor to complete.
Task No. 18 - Notify Permitting Agencies
The Project Manager shall notify all permitting agencies when the project is complete. Exhibit No. V-18a is a sample Notice of Termination letter for Stormwater Runoff from Construction Activities.
Exhibit No. V-18b is an link to KDHE's Notice of Termination form.
Exhibit No. V-18c is a sample KDOT Highway Permit release letter.
Exhibit No. V-18d is an example with permit enclosure.
Task No. 19 - Prepare Revisions/As-Built Plans
The Consultant/Project Manager shall prepare revision/as-built plans subsequent to final inspection.
See As-Built Plan Procedure Flow Chart.
Task No. 20 - Send Letter to Owners Regarding Sod Care, etc.
The Project Manager, subsequent to the final inspection, will provide all property owners a letter explaining that the project has been completed. The primary message is to convey to the property owners that the sod/seed and tree care (watering and fertilizing) is now the property owners responsibility. The letter should suggest guidelines for taking care of the sod/seed and trees. Exhibit No. V-20a is a sample letter to property owners regarding sod/seed care.
Exhibit No. V-20b is a sample letter to property owners regarding tree care.
Task No. 21 - Receive Contractor Project Completion Certification
The Contract Specialist is responsible for obtaining two signed copies of the "Project Completion Certificates" from the Contractor. The Contract Specialist will enter the actual project completion date on the Kansas Department of Revenue’s website,
http://www.ksrevenue.org/pecwelcome.htm to discontinue the Contractor’s Tax Exemption number.
Exhibit No. V-21a is a sample transmittal letter to the Contractor.
Exhibit No. V-21b is a State of Kansas Project Completion Certification.
Task No. 22 - Project Completion Certification & Scheduling of the Final Inspection Prior to Expiration of 2 Year Performance Bond
The Consultant/Project Manager shall execute a "Certificate of Engineer as to Completion". This shall not be signed until all “Punch List” items have been completed and acknowledged by the Project Inspector. For CARS projects, the City will submit certification of project acceptance to Johnson County within thirty days of project completion. See Land Disturbance Permit Process as it pertains to the final inspection with the Erosion and Sediment Control Field Reviewer and close out of the LDP.
Exhibit No. V-22a is a sample “Certificate of Engineer as to Completion” form.
The Consultant/Project Manager shall prepare a final inspection letter stating when the maintenance period for the 2 Year Performance Bond will begin.
Exhibit No. V-22b is a sample final inspection letter. The final inspection letter is to be copied to the following people for inventory updates:
- Contract Specialist: For scheduling end of 2 year Performance Bond meeting.
- Bryce Pittman: Street network inventory.
- Bill Heatherman: Storm Sewer inventory and Bar Grate inventory.
- Janet Luessenheide: Snow map updates, Sidewalk inventory, Street Light Projects and Traffic Signal Projects.
- Public Works Management
- Public Works Maintenance Supervisors
The Contract Specialist will schedule the final inspection prior to expiration of 2 year Performance Bond following the steps below:
Request the date to be used for the end of the 2 year Performance Bond period and the employees to be included in the final inspections from the Project Manager.
Schedule a meeting using Outlook for 2 months prior to the expiration of the 2 year Performance Bond to give involved employees time to make a final inspection prior to expiration of the bond.
This meeting will be scheduled in Outlook under Public Folders, All Public Folders, Public Works, Public Works Projects.
Task No. 23 - Submit Notice of Acceptance to KDOT
When the Contractor has completed all the “Punch List” items the City will be responsible for acceptance of the completed work, as specified in Section 105.17 of KDOT Standard Specifications. The City will use City Form V-2398 to document Notice of Acceptance from the Contractor. The City is also required by KDOT to submit a DBE Summary Report stating amount paid and work performed by DBE contractor(s) and final breakdown of construction costs by work type. Exhibit No. V-23 is a transmittal letter to KDOT regarding completion of project.
Exhibit No. V-23a is a copy of the Notice to Acceptance, City Form V-2398.
Exhibit No. V-23b is a copy of KDOT form 270 Final DBE Payment Affidavit. This form is to be completed by the Contractor and returned to the City. The City will utilize form 270 during the preparation of the DBE Summary Report shown below.
Exhibit No. V-23c is a copy of the DBE Summary Report to be completed by the City and submitted to KDOT.
Exhibit No. V-23d is a sample Final Breakdown of Construction Cost by Work Type.
Task No. 24 - Submit Material Certification to KDOT
The City is responsible for material certifications as documented in Section 2.08 of KDOT’s Construction Manual and Section 2600 KDOT’s Standard Specifications. These certifications are the Contractor’s assurance that the furnished materials/products meet specified requirements.
Task No. 25 - Submit Construction Summary Document to KDOT
The City will be responsible for submitting the “Construction Summary Document” to KDOT when the project has been accepted from the Contractor. Included with the document will be a statement that the contractor has provided appropriate materials/products certifications for the project.
Exhibit No. V-25 is a copy of the Construction Summary Document form.
Task No. 26 - Receive Final Acceptance from KDOT
The City will be responsible for acceptance of the project for all contracts for completion of the plan requirements and material certification. This will be documented on City Form V-2698. The City will complete a “Final Statement of Cost” for submittal to KDOT. Exhibit No. V-26 is a copy of the Final Acceptance of Federal Aid Project, City Form V-2698.
Task No. 27 - Approve Consultant Final Pay
Subsequent to completing all required Consultant duties and responsibilities, the final pay will be submitted for payment in accordance with the Consultant Agreement.
Task No. 28 - Approve Contractor Final Pay and Surety Release
The Consultant/Project Manager in conjunction with the Contract Specialist will prepare the Contractor’s final pay and the final change order.
The following will accompany this final pay document to the Finance Department:
Consent of Surety to Final Payment,
Contractor Project Completion Certification (see Phase V, Task No. 21), and
Certificate of Engineer as to Completion (see Phase V, Task No. 22).
Exhibit No. V-28 is a sample transmittal letter with final Change Order/Explanation, Final Contractor Pay Estimate, Certificate of Engineer as to Completion and Surety Release.