Form 2796, “Pre-Construction Conference – Agenda”

Form 2796
will be used for all projects starting with May 2020 letting.
The agenda is as follows:
  1. Welcome, introduction of all present and identify project (location, limits, etc.)
    • Identify the contractor’s representatives, subcontractors, engineer, law enforcement agencies, utility companies, and other relevant parties giving name, address, and phone number.
    • Identify Project, Review of contract – location, type, size
    • Contract Time - Working day definition (Item 8,
      “Prosecution and Progress”, of the
      Standard Specificaitons
      )
    • Contract Amount
  2. Escalation Ladder - Identify role of TxDOT Project Staff and Prime Contractor Staff
    • Form 2390
      , “Escalation Ladder”, should be filled out prior to the preconstruction meeting. The escalation ladder clearly defines TxDOT and Contractor levels of authority for handling disputes or other issues.
    • The district may establish the number of days at each level in accordance with their policy. They may input the timeframe for each level prior to the meeting and complete the form during the meeting by inserting the appropriate name for each level.
    • Ensure all parties involved in the contract are aware how issues will be escalated and provide copy to attending parties.
  3. Purpose of Meeting - This meeting is in accordance with department policy.
    • Partnership on the project is encouraged to ensure work zone safety is TxDOT’s top priority.
    • Inform the contractor of their contractual obligations with State and Federal construction safety standards.
    • Discuss the contractor’s signature authority for the “Prime Contractor Performance Evaluation”, review
      Special Provision
      per the contract
      .
  4. Partnering/Project Pledge
    • As per
      Article 4.3
      ,
      “Partnering”,
       of the
      Standard Specifications
      , partnering is required.
    • Form 2391, “TxDOT – Contractor Project Pledge”, may be read during the meeting and signatures are required.
    • More information on partnering can be found in CCAM Chapter 3, Section 6, “Partnering”.
  5. Project Issues
    • Discuss project specific items.
Suggested Preconstruction Meeting Topics
  • Review of contract, special problems, or designs, right of way (ROW), traffic problems
  • Start/completion date
    .
  • Criteria on working day charges and temporary suspension of work.
  • Holidays, tax holidays or other days the highway may not be closed.
  • Discuss limitations on working hours, road user costs, and lane rentals (if applicable).
  • Major phases of the contract and Milestones.
  • Item 8.5, “Project Schedules” (Bar or CPM)
  • Appropriate contacts list for dedicated
    shop plan
    addresses. All shop drawings should be submitted electronically.
  • Erection and
    forming details
  • Present the subcontractors proposed for the project and the work they will perform (DBEs discussed below).
  • Form 2177
    , “Prompt Payment Certification”, required on all projects (federal and state), must be submitted by the end of the month following each month that the prime contractor receives payments. This is a mandatory report, and the district may withhold estimates for late reports received. (Make sure this topic is covered in preconstruction meeting and prime is fully aware of the Prompt Payment requirements).
  • Notify the Area Engineer (AE) at least 24 hr. before beginning work in any new operation.
  • Field office and/or lab
  • Railroad and any
    other required specific insurance
    , if required in the contract
  • Other topics as appropriate.
  • The District and AO will perform reviews/audits of project paperwork and notify the contractor in writing of deficiencies.
  • Develop a plan for educating the public about construction activities through media announcements.
    Coordinate with your Public Information Office (PIO) officer.
  • Contractor Estimates - establish
    cutoff date
    , partial payments,
    withholding for testing requirements and/or non-compliance
    .
  • Payment for material on hand (MOH) - TxDOT DCO will not generate a supplemental progress estimate due to a missed deadline.
  • Change Orders (CO) -Review the Special Provision corresponding to the contract regarding
    Form 1295, "Certificate of Interested Parties", and related information. Refer to the
    Texas Ethics Commission Website
    .
  • An individual with full signature authority may delegate signature authority to another, but the delegation must be project specific and in writing.
Construction requirements – discussion of pertinent items
  • Contractor’s required equipment - refer to the contract, specific bid item and/or project records checklist.
  • Preparing ROW
  • Staking
  • Earthwork
  • Base
  • Pavement
  • Structures
    • Bridge Demo, 10-day notices for Department of State Health Services (DSHS) (refer to Chapter 12 for more information).
  • Electrical Work (Article
    7.18
    ):
    • Use certified persons or licensed electricians to perform electrical work. Electrical certification or licenses for this project will be in accordance with Article
      7.18, “Electrical Requirements”,
       of the
      Standard Specifications
       and any Special Provision.
    • If the subject project contains electrical work, TxDOT’s District or Traffic Operations Division Electrical Review Team (ERT) may make periodic electrical reviews and are available for assistance.
  • The process of connections and disconnections for utility services during construction.
  • All utilities should be clear before the letting date; however, if plans include a date when the utilities are to be clear, adhere to that date. If utilities are not clear by the given date, it may be necessary to amend the contract to allow additional workdays. FHWA may not participate in time extension.
  • Ensure the contractor provides the scheduled sequence of work to the respective utility owners.
  • The Contractor should not damage utilities located within the right of way.
Subcontracts
  • Review
    Form(s) 2802
    of proposed subcontractors to be used. Prime is responsible for ensuring that all contracts physically include all applicable special provisions.
    Refer to Chapter 10 Section 3
    .
  • Address and discuss subcontractor approval process including Diversity Management System (DMS) and E-Verify. Subcontractors must remain active in E-Verify until their work is completed.
Disadvantage Business Enterprise (DBE)/Small Business Enterprise (SBE)
  • Discuss the project goal
  • Advise contractors of requirements in the DBE/SBE special provision.
  • Report all payments made to the DBE and SBE, regardless of commitment.
  • Any removal, termination, substitutions, or changes to the original Utilization plan must be requested through the AO and directed to the DDC at the DCO. The contractor is still responsible for meeting the DBE goal. Consult with Civil Rights Division (CIV) as necessary.
  • A Commercially Useful Function (CUF) is required on all DBEs (race conscious or race neutral).
  • A copy of all DBE fully executed contract/agreement must be submitted to the AO in a timely manner.
Equal Employment Opprtunities (EEO), Training, and Labor Compliance
  • Requirements are contained in the following special provisions.
    • The Federal Aid Construction Contractors Annual Report (
      FHWA Form 1391
      ) is required from the contractor and all subcontractors in accordance with the FHWA-1273. Instructions are sent directly to each contractor from TxDOT Civil Rights Division (CIV) and data is entered in DMS and monitored by DCO. FHWA Form 1392 is submitted to FHWA to report data based on the Form 1391.
  • If On-the-Job Training (OJT) is applicable to the contract and the Prime contractor is on the
    Contractor Goal List
    please refer to the SP for additional processes. Please refer to Chapter 15 Section 3 for more information.
Prevailing Wage Rate Requirements
  • Contractors and subcontractors must pay employees, at a minimum, the classification wage rates specified in the contract. The minimum wage rates must also be conspicuously posted and accessible on the project site.
  • If a work classification does not appear in the prevailing wage rate, the contractor must submit Form CST-C-1. Refer to Chapter 15 Section 2 for more information.
Payroll Records
  • Payroll records certifying compliance with the contract’s minimum wage rates, overtime and payroll deduction requirements must be submitted within 7 calendar days (weekly) on construction projects. Submit payroll records to the Engineer in the manner prescribed by the Department.
Bulletin Board Requirements
  • The USDOL, FHWA, and U.S. Department of Transportation (USDOT) required certain posters to be posted on bulletin boards in places accessible to the employees on a job site. This is required for the contractor and any subcontractors with a contract greater than $10,000. The posters should be posted at the beginning of construction. The bulletin board requirements apply to all construction contracts.
  • EEO officer's name contact information for prime and all subcontractors must be posted on the bulletin board.
Traffic Control
  • Determine the contractor's plans for implementing the TCP.
  • Explain the Traffic Control Plan (TCP), per plans, standards, and specifications
    • timing of sign erection and removal requirement
    • sequence during the course of the contract
    • discuss any contractor proposed alternate TCP
    • contractor will notify Project Engineer at least 2 weeks before a proposed traffic pattern change that will require a revision to traffic signals
  • Discuss signs, barricades and lights; inspection and reports (Form 599), repair and compliance, special conditions and detours.
    • Barricade inspections (Form 599) will be performed and signed by TxDOT DRP for barricades. It will be considered written notification of barricade inspections and maintenance.
    • Stress to the contractor that deficiencies noted during construction must be corrected as soon as possible.
  • Discuss flagging procedures. A list of certified flaggers should be kept and made available upon request.
  • Review the designated CRP and alternate CRP listed in Form 2795 and present the DRP.
  • Detours - Discuss procedures for transmission of information on street closures, detours, etc.
  • Traffic Laws - Contractor and Departmental personnel must be aware of the Texas traffic laws regarding the legal limit of axle load (legal weights) for trucks hauling materials to the site. Copies of the law can be obtained from the Texas Department of Public Safety.
For more information on temporary traffic control for construction areas, reference the
Traffic Safety Divisions
site for the
Compliant Work Zone Traffic Control Device List
. For more information on construction speed zones, refer to the Procedures for Establishing Speed Zones volume of the
Traffic Operations manual
collection and the
Work Zone Safety and Mobility Guidelines
, Section 10 (internal access only).
Law Enforcement
  • The responsibility of the AE is to guarantee that open lines of communication have been established between contractor and law enforcement. Discuss the use of law enforcement personnel on the project, if needed. The AE should ensure that specific needs for traffic supervision will be met. The interested parties must determine exactly how they will share traffic-related information (crashes, safety hazards, etc.). If the project requires TxDOT to set up the law enforcement, use the
    Form 318
    . Law enforcement personnel need training for any work zone traffic services they provide. It is the contractor's responsibility to provide certification when requested. Form 318 contains a box certifying training is on file.
Materials
  • Review the Material Sourcing letter
  • Quality Control/Quality Assurance (QC/QA)
  • Storage of materials
  • Any local or designated source material locations used on the project.
  • Inspecting and testing requirements
  • Use of Commercial Labs (CL): refer to the
    Special Provision that instructs the
     AO will provide the contractor with CL information and forms. The contractor should complete and return forms to the AO prior to beginning work.
  • Buy America requirements.
  • Extended Buy America requirements (effective November 2022, added by Special Provision)
    .
  • Material On Hand (MOH)
     - Discuss mechanics of tracking MOH and pay quantities, if applicable.
  • Concrete sources(s) and mix designs in the project.
  • Concrete cylinder mold sizes that will be needed, according to the aggregate size shown in the mix designs.
    • 4 × 8 in. cylinder molds can be used for mixes with aggregates grade 4 and smaller.
    • 6 × 12 in. cylinder molds required for use with larger aggregates.
  • Notification time to TxDOT personnel for concrete pours.
  • Pre-placement meeting schedules for mass placement, bridge deck, concrete paving, temp walls, soil nails, and hot mix for the project.
  • Review specifications-especially the need to keep the travel way clear.
Environmental
  • Invite District Environmental Staff to discuss Environmental permits, issues, and commitments when there are particularly complex or sensitive requirements on a project.
  • Review the EPIC sheet with the Contractor. The EPIC provides information regarding environmental issues that may need to be followed during the construction of this project, some key items might include:
    • Construction General Permit, Stormwater, and MS4 requirements - including, SWP3 implementation, Constructions Site Notice (CSN’s) posting requirements, MS4 notification submittal requirements, NOI, NOC, and NOT submittal requirements, CO-permittee roles and responsibilities.
    • USACE Permits - special and standard conditions, including, temporary crossings and use of non-erodible fill, requirements to maintain SWP3 controls, avoiding no work zones in streams and wetlands.
    • Cultural Resources - including avoid historical and archeological resources and following Emergency Discovery Guidelines
    • Vegetation Management and Clearing requirements - including, ensuring vegetation is cleared and removed outside of migratory bird nesting season and preserving existing vegetation as much as feasible.
    • Protected Species and Critical Habitat – including exclusion areas, periods of no work, and species-specific survey requirements.
    • Hazardous Materials or Contamination Issues - including emergency sill response procedures and location of spill kits.
    • Noise and Air mitigation requirements.
    • Other EPIC’s that might apply.
  • Review any relevant general notes that apply to Environmental – these will often provide more detailed information or supporting information on how to comply with the EPIC’s.
  • Discuss environmentally sensitive areas such as, wetlands, archeological finds, endangered species, neighboring properties, etc. that are shown in the plans.
  • Discuss any potential conflicts between the Contractor’s work schedule and compliance with EPIC requirements. If there are any potential issues that come up, begin coordinating with District Environmental Staff immediately to discuss resolutions.
  • Project Specific Location Requirements
    • For on-site PSL’s (one mile within the boundary of permitted construction site. A copy of the Contractor’s NOI and signed sketch of the SWP3 measures are required.
    • Inform the Contractor of requirements to secure proper environmental and/or archaeological clearances pertaining to Project Specific Locations (PSL’s). Refer to the
      FHWA Project Specific Location (PSL) Quick Guide
      for contactor responsibilities. The Contractor must submit this documentation to TxDOT upon request.
  • Construction Stage Gate Checklist (CSGC) joint inspection
    • Designate TxDOT Responsible Person, CRPe, and alternate CRPe responsible for conducting joint inspection and provide contact information.
    • Define inspection frequency for guidance: Start within one month of initial construction activities and once a year until project is completed.
    • Review the CSGC Instructions
    • Completed CSGC will be discussed with contractor's superintendent/foreman and signed by the contractor's representative.
  • Remind the Contactor that daily monitoring reports are to be kept on file by the contractor at an agreed upon location. These reports must be submitted to TxDOT upon request whenever the Department wants to review them.
  • Discuss Dewatering Requirements with the Contractor.
    • Dewatering activities are prohibited unless managed with appropriate best management practices (BPMs).
    • For dewatering activities that discharge offsite, a Dewatering Activities Inspection Report must be completed and submitted to TxDOT personnel.
    • The report must be completed in accordance with the CPS Part III Section F.7. (see Form 2675 – Contract Dewatering Activities Inspection Form).
  • Water Pollution Abatement Plan (WPAP) – If the project is in an Aquifer Recharge Zone, notify the Texas Commission on Environmental Quality (TCEQ) of the preconstruction meeting. TCEQ must be notified in writing once the sediment control devices have been installed on the project by WPAP and are available for inspection.
  • Non-Join Bid Utilities are responsible for their own SWP3 measures and NOIs. In addition, for Utility On-Site PSLs, a copy of the Utility Company’s NOI and a signed sketch of the SWP3 measures are required. For Utility Off-Site PSL(s), a letter designating the Off-Site PSL(s) and associated area calculations is required.
  • Environmental
     Bulletin Board
    • The contractor's and TxDOT’s Construction Site Notice (CSN) should be posted on the bulletin board or separately within project limits.
    • The contractor must post both English and Spanish versions of the TxDOT Road Construction Environmental Management System Policy Statement on the bulletin board. (EMS Policy and Posters).
    • For on-Site PSLs (one mile within the boundary of permitted construction site), a copy of the contractor's NOI and signed sketch of the SWP3 measures are required.
    • TxDOT will notify the contractor, in writing, of items found to be out of compliance that need to be corrected.
  • Environmental
     Training
    • Personnel involved in soil disturbing or SWP3 activities must complete the training listed in 7.7.4.4 and in accordance with the EMS Training Matrix.
    • By signing Form 2795, the contractor certifies that all required training has been completed by their personnel.
    • The Contractor will maintain a list of all applicable employees who have completed the training. The list must be made available upon request. Include: employee's name, training course name, and date that the employee completed the training.
    • If an employee's certification expires during the life of the project, the contractor will have one estimate cycle to update the employee's certification.
Comments and Adjourn
  • Summary and follow up.
  1. Close Pre-Construction Conference:
    • May include a summary, comments, action items, or topics that need a follow up.
  2. Safety Meeting:
    • The safety meeting agenda can be found on Form 2796.
    • More information on the safety meeting can be found in CCAM Chapter 3, Section 5, “Preconstruction Safety Meeting”.
    • For more information on construction safety, see Health and Safety Items and
      Section
       7.2.4, “Public Safety and Convenience”
      of the
      Standard Specification
      .
  3. Include the following completed attachments with the preconstruction meeting notes:
    • Attachment A – TxDOT Form 2795, “Contractor Staff Designee Submission”.
      Certifications for flaggers, environmental, other work zone personnel, and law enforcement are not required to be submitted at the preconstruction meeting. Any changes in personnel listed on the Form 2795, can be updated with an email from the contractor.
    • Attachment B – TxDOT Form 2390, “Escalation Ladder”
    • Attachment C – TxDOT Form 2391, “TxDOT – Contractor Project Pledge”
    • Attachment D – If needed, Environmental Special Issue Attachments. The last attachments in Form 2796 includes any additional documents that may needed. This can include specifics about endangered species in the project among other information that Environmental Affairs Division (ENV) may need to share. This may also include any permits that are required.