CONSULTANT DESIGN ADMINISTRATION MANUAL
CONSULTANT DESIGNADMINISTRATIONMANUALPrepared By:BUREAU OF ENGINEERING AND CONSTRUCTIONOFFICE OF ENGINEERINGDIVISION OF HIGHWAY DESIGNAUGUST 2016
CONSULTANT DESIGN ADMINISTRATION MANUALTABLE OF CONTENTSABBREVIATIONS AND ACRONYMS . ivREVISIONS. 1INTRODUCTION . 2CHAPTER 100DEVELOPMENT OF AGREEMENTS . 3101 ASSIGNMENT MEETING .4101.1 ASSIGNMENT/PROJECT DESCRIPTION .4101.2 BASIC PROJECT ASSIGNMENT/SCHEDULE .4101.3 MATERIALS PROVIDED TO CONSULTANT .5102 AFFIRMATIVE ACTION .7102.1 AFFIRMATIVE ACTION PLAN .7102.2 DBE/SBE/SBPPP PARTICIPATION.8102.3 DBE COMMITMENT MODIFICATIONS .9103 CONFLICTS OF INTEREST .9104 SCOPE OF SERVICES .9105 FEE PROPOSALS AND NEGOTIATIONS .10105.1 LUMP SUM .10105.2 COST PLUS FIXED FEE .10106 INDIRECT COST RATES .10107 DIRECT COSTS .11108 SUBCONSULTANTS.11109 GIFT AND CAMPAIGN CERTIFICATION . 12110 AGREEMENTS .12110.1 STANDARD AGREEMENT .13110.2 MULTI-PHASE AGREEMENT.13110.3 AGREEMENT FOR TASK-BASED ENGINEERING SERVICES .14111 SUPPLEMENTAL AGREEMENTS .14112 CLOSING-OUT CONTRACTS .15i
CONSULTANT DESIGN ADMINISTRATION MANUALCHAPTER 200GENERAL REQUIREMENTS .16201 OVERVIEW .17202 CONTROL OF WORK .17203 RESPONSIBILITY FOR ACCURACY OF WORK . 17204 PROSECUTION OF WORK . 18205 ENTRY UPON PRIVATE PROPERTY . 18CHAPTER 300ADMINISTRATIVE PROCEDURES .20301 INVOICES . 21301.1 PARTIAL PAYMENT . 21301.2 FINAL PAYMENT. 21301.3 CERTIFIED PAYROLL/PROMOTIONS . 22301.4 PAYMENT FOR SUBCONSULTANTS . 22301.5 PAYMENT FOR REVIEW OF SHOP AND WORKING DRAWINGS . 22301.6 PAYMENT FOR SERVICES DURING CONSTRUCTION . 23302 EXTRA WORK .23303 PROGRESS REPORTS .24303.1 ORIGINAL ASSIGNMENT .24303.2 EXTRA WORK ASSIGNMENT.24303.3 SUBCONSULTANT TRACKING REPORTS .24304 CONSULTANT PERFORMANCE EVALUATIONS .24CHAPTER 400PLANNING/DESIGN PHASE .26401 PLANNING PHASE . 27402 PROJECT DEVELOPMENT . 27402.1 STUDIES PHASE . 27402.2 ENVIRONMENTAL DOCUMENTATION PHASE . 28402.3 PRELIMINARY DESIGN PHASE . 28402.4 FINAL DESIGN PHASE . 29402.5 CONTRACT DEVELOPMENT PHASE . 29403 DESIGN ELEMENTS . 30403.1 SURVEY . 30403.2 ROADWAY . 30403.3 STRUCTURES. 31403.4 HYDRAULICS AND DRAINAGE . 31ii
CONSULTANT DESIGN ADMINISTRATION MANUAL403.5 GEOTECHNICAL ENGINEERING . 32403.6 TRAFFIC ENGINEERING . 32403.7 ILLUMINATION . 33404 DESIGN SUBMISSIONS AND REVIEWS . 33405 COORDINATION . 34405.1 MEETINGS AND REPORT OF MEETINGS . 34405.2 COORDINATION WITH OTHER PARTIES . 35405.3 PUBLIC INVOLVEMENT. . 35406 UTILITY COORDINATION . 35407 RAILROAD INVOLVEMENT . 36408 RIGHTS OF WAY . 38408.1 TITLE SEARCH . 38408.2 PROPERTY MAPS . 39408.3 13A-57 MAPPING . 40409 ENVIRONMENTAL PERMITS . 40CHAPTER 500CONSTRUCTION PHASE .42501 OVERVIEW . 43502 REVIEW OF SHOP AND WORKING DRAWINGS . 43503 DESIGN SERVICES DURING CONSTRUCTION . 43iii
CONSULTANT DESIGN ADMINISTRATION MANUALABBREVIATIONS and ACRONYMSADA: Americans with Disabilities ActAASHTO: American Association of State Highway and Transportation OfficialsBDM: Bridge Design ManualBFO: Burden, Fringe and OverheadCE: Categorical ExclusionCEPA: Connecticut Environmental Policy ActCFR: Code of Federal RegulationsCGS: Connecticut General StatutesCLE: Consultant Liaison EngineerCTDOT: Connecticut Department of TransportationDBE: Disadvantaged Business EnterpriseDEEP: Department of Energy and Environmental Protection (Connecticut)DM: Drainage ManualDSDC: Design Services during ConstructionEA: Environmental AssessmentEIS: Environmental Impact StatementFAR: Federal Acquisition RegulationsFD: Final DesignFDP: Final Design PlansFHWA: Federal Highway AdministrationFPFR: Final Plans for ReviewHDM: Highway Design ManualMUTCD: Manual on Uniform Traffic Control DevicesNEPA: National Environmental Policy ActNTRB: National Transportation Research BoardOEP: Office of Environmental Planning (CTDOT)PD: Preliminary DesignPGC: Program Policy Guidance Center (FHWA)PI: Public Informationiv
CONSULTANT DESIGN ADMINISTRATION MANUALPIP: Public Involvement PlanPO: Public OutreachQA: Quality AssuranceQC: Quality ControlQMP: Quality Management PlanPS&E: Plans, Specifications and EstimatesRFI: Request for InformationRFC: Request for ChangeRFP: Request for ProposalROM: Report of MeetingROW: Right of WayRSR: Rehabilitation Study ReportSBE: Small Business EnterpriseSBPPP: Small Business Participation Pilot ProgramSFD: Semi-Final DesignSPN: State Project NumberTMP: Traffic Management PlanTO: Transportation OperationsTTC: Temporary Traffic ControlUCONN: University of ConnecticutUSACOE: United States Army Corps of Engineersv
CONSULTANT DESIGN ADMINISTRATION MANUALREVISIONSLIST OF SECTIONS SHOWING LATEST DATE OF REVISIONSORIGINAL ISSUE DATE IS AUGUST 2016SECTION NUMBERREVISION DATEIntroduction . 2-5-2018-1-
CONSULTANT DESIGN ADMINISTRATION MANUALINTRODUCTIONThis Manual covers several administrative processes common to consultant contracts. Numerousother publications and documents, including a host of technical publications(e.g., Bridge Design Manual, Drainage Manual, Highway Design Manual) and severaladministrative references also control or guide consultant contracts. The Consultant SelectionOffice Procedures Manual provides policy and detailed guidance for pre-selection activities. TheProject Development Guide covers post-selection activities for typical design-relatedassignments. Additional relevant administrative information is also contained in other publicationsposted on the Engineering and Construction Information Resources Webpage(e.g., Engineering and Construction Directives, Engineering Directives and Bulletins).References to specific Administrative Memorandums or Policies shall be to the latest version ofthese documents.This Manual replaces the Consultant Administration & Project Development Manual.This Manual shall take precedence if a conflict arises between the Project Development Guideand any of the activities/procedures outlined in this Manual.For purposes of this Manual, “Lead Division Liaison” shall be interpreted to mean theDepartment’s Design Division Project Management team composed of the Project Manager andProject Engineer(s) who are administering the Consultant’s agreement.-2-
CONSULTANT DESIGN ADMINISTRATION MANUALCHAPTER 100DEVELOPMENT OF AGREEMENTS-3-
CONSULTANT DESIGN ADMINISTRATION MANUAL101 ASSIGNMENT MEETINGAfter the Department has selected a Consultant, the Lead Division’s Administrating Unit willschedule an Assignment Meeting. The purposes of the Assignment Meeting are as follows: Providing key milestone datesIdentifying key personnel and organizational units and their respectiverolesReviewing/emphasizing certain contract provisionsProviding key background informationDiscussing technical issues related to project developmentOutlining the contract preparation process, schedule and related nearterm actionsThe Lead Division Liaison is responsible for confirming meeting arrangements. The Lead DivisionLiaison will notify and/or invite Department units with potential project involvement to participatein the meeting. The Lead Division develops an agenda and conducts the meeting. For additionalinformation, refer to the Project Development Guide Activity 020 “Hold Assignment Meeting.”101.1ASSIGNMENT/PROJECT DESCRIPTIONIf established, the location, limits, classification and other pertinent data relative to theproject will be discussed and defined at the Assignment Meeting. The Consultant will be givenavailable information already developed for the project, such as planning reports, rehabilitationstudy reports, public hearing transcripts and planning maps. The Department will identify anyknown unusual design problems which may be encountered.The Department will designate the State Project Number (SPN) to be used on all pertinentdocuments and correspondence.101.2BASIC PROJECT ASSIGNMENT/SCHEDULEConsultant assignments often involve delivering services and tangible work products (e.g.,reports, plans, special provisions) through a progressive series of phases. For design engineeringassignments, consultants prepare construction contract documents (i.e., final plans,specifications and estimate; addenda) and provide construction phase services. Projectschedules are established for each phase including deliverables. Detailed process guidance onservices and deliverables for this category of projects is included in the Project DevelopmentGuide. Other assignment types require different services and deliverables. At the AssignmentMeeting, the Consultant will be requested to prepare and submit a proposed scope of servicesfor the Department’s review. During preparation of the scope of services, it is important for theConsultant and Department to identify and document the requirements (i.e., services anddeliverables) for the specific assignment.-4-
CONSULTANT DESIGN ADMINISTRATION MANUAL101.3MATERIALS PROVIDED TO CONSULTANTThe Department publishes numerous policies, standards and guidance documentsrelevant to consultant contracts. These documents, examples of which are identified below, coverboth technical and administrative subjects. The Consultant’s activities should conform to thelatest version of these materials. The requirements of a particular assignment and the availabilityof specific materials will be defined at the assignment meeting for each specific project. RelevantDepartment publications, that are not web-accessible, will be provided to the Consultant uponrequest.GENERAL MATERIALS:1.Consultant Design Administration Manual2.Standard Specification for Roads, Bridges, Facilities and IncidentalConstruction, and Supplemental Specifications3.Project Development Guide4.Digital Project Development Manual5.Digital Design Environment Guides6.Highway Design Manual7.Location Survey Manual8.Specifications for Aerial Photography and Photogrammetric Mapping9.Specifications for Checking Photogrammetric Mapping10. Policies and Procedures for Property Maps11. Bridge Design Manual12. Bridge Design Standard Practices13. Bridge Load Rating Manual14. Drainage Manual15. Geotechnical Engineering Manual16. Traffic Control Signal Design Manual17. Utility Accommodation Manual18. Public Service Facility Policy and Procedures for Highways in Connecticut19. Public Involvement Guidance Manual20. Public Involvement Procedures21. Standard Drawings22. Master Bid Item Lists23. Cost Estimating Guidelines24. Qualified Product List for CTDOT Projects25. Owned Special Provisions-5-
CONSULTANT DESIGN ADMINISTRATION MANUAL26. Soils and Foundations Special Provisions27. Traffic Engineering Special ProvisionsREFERENCE MATERIALS:The Consultant’s activities shall conform to the latest versions of the following referencematerial and/or those materials identified in the Agreement:1.CTDOT’s Engineering and Construction Directives and Bulletins2.CTDOT’s Construction Manual and Construction Publications3.FHWA’s Program Policy and Guidance Center (PGC).4.FHWA’s Hydraulic Engineering Circulars5.Connecticut Guidelines for Soil Erosion and Sediment Control6.Connecticut Stormwater Quality Manual7.All AASHTO publications including “A Policy on Geometric Design of Highways andStreets,” “Roadside Design Guide” and “A Policy on Design Standards – InterstateSystem.”8.AASHTO’s A Policy on the Accommodation of Utilities Within Freeway ROW9.AASHTO’s A Guide for Accommodating Utilities Within Highway ROW10. Connecticut Public Utility Control Authority, Rules and Regulations concerningclearances on Railroads11. All NTRB publications including Highway Capacity Manual.12. Manual on Uniform Traffic Control Devices13. American Standard Practice for Roadway Lighting14. The Institute of Electrical and Electronic Engineers and the National ElectricalManufacturer’s Association Requirements15. The National Electrical Code16. Rules and Regulations of the National Fire Protection Association and applicableState Fire Code17. CTDOT’s Merritt Parkway Bridge Restoration Guide18. Connecticut Statewide Bicycle and Pedestrian Transportation Plan19. CTDOT’s Value Engineering Program20. CTDOT’s Collision Analysis System Reports21. UCONN’s Connecticut Crash Data Repository-6-
CONSULTANT DESIGN ADMINISTRATION MANUALThe Department will generally provide the Consultant with copies of, or access to, a varietyof information relevant to the contract. The following are the types of information that may beprovided, if available: As-built plansMapsSurveysPlanning sketchesEnvironmental documentsTraffic dataSoils data and reportsHydraulics reportsPlanning and engineering reports, studies and investigationsUnless directed otherwise by the Department, the Consultant shall submit all materialsbelonging to the Department upon request and/or prior to completion of the assignment. Thisinformation may include, but is not limited to: survey maps, field books, CADD files, soils samplesand design studies. For engineering projects involving the preparation of construction plans, theDepartment-owned materials should be returned with the Final Design Plan submission. TheDepartment may request the return of any part or all of this information, on a temporary orpermanent basis, at any time.A variety of forms (certified payroll, invoice) related to the administration of consultantcontracts are available on the Department’s Consultant Resources Webpage.102 AFFIRMATIVE ACTIONThe Consultant must comply with the Department’s Affirmative Action policies.102.1AFFIRMATIVE ACTION PLANFirms desiring to do business or to continue doing business with the Department, directlyor through municipalities, or as subconsultants, must have an approved Affirmative Action Planon file. Following approval, an annual Affirmative Action Plan Update is required to maintaineligibility. If the Update is not submitted, the firm is not eligible to obtain new contracts and activeagreements may be terminated by the Department.The Department uses a variety of measures to monitor and enforce Affirmative Actioncompliance, including invoice review and payment; see Section 303.3 Subconsultant TrackingReports.-7-
CONSULTANT DESIGN ADMINISTRATION MANUAL102.2DBE/SBE/SBPPP PARTICIPATIONA Disadvantaged Business Enterprise (DBE), Small Business Enterprise (SBE) or SmallBusiness Participation Pilot Program (SBPPP) participation goal is established for eachconsultant contract. Not all contracts will have a DBE/SBE/SBPPP participation goal (i.e., somecontracts may have a 0% DBE/SBE goal). The Department’s DBE/SBE Screening Committeedetermines the DBE/SBE/SBPPP participation goal for each consultant contract. The assignedgoal is expressed as a percentage of the total amount paid to the Consultant, which includes, butis not limited to: survey, engineering studies, preliminary design, final design, review of shop andworking drawings, consultation and design services during construction, soil borings,environmental studies, extra work and direct costs. For additional information, refer to the ProjectDevelopment Guide Activity 008 “Establish DBE/SBE Engineering Goal.”As work progresses, changes that affect the scope and/or amount of work assigned to theConsultant may occur. The following situations are examples of how agreement changes canimpact DBE goal attainment: A subconsultant was a certified DBE when the agreement was initiated.After the agreement was signed, the subconsultant’s DBE certificationwas terminated while the work was being performed. Work that is undersubcontract prior to certification termination but performed aftertermination is creditable toward the DBE goal. However, work added toa subcontract after termination of DBE status is not creditable toward thegoal; but, such work may be considered if a demonstration of Good FaithEffort is required. A subcontract was executed with a certified DBE but the work coveredby the subcontract was terminated prior to completion. Regardless of thereason for termination, only the value of the work performed prior totermination is creditable toward the DBE goal. The Consultant’s scope of services is expanded (e.g., Extra Workassignments), resulting in a higher agreement amount but DBEparticipation is not increased. Even if all the initial DBE commitments(certified fees assigned to DBE subconsultants) are met, the Consultantmay not have met the DBE goal requirements. A determination of finalDBE goal attainment is based on DBE participation as a percent of total(final) agreement cost, including extra work assignments.Since the DBE/SBE/SBPPP participation goal applies to the total contract amount,proactive management by the Consultant may be necessary to achieve the goal. Failure to meetthe designated DBE/SBE/SBPPP goal may result in a financial penalty, perhaps as much as thedollar-value short-fall in DBE/SBE/SBPPP participation, unless waived at the conclusion of thecontract. Waivers will only be approved if the Consultant can demonstrate, to the Department’ssatisfaction, that the shortfall was caused by extreme and unavoidable circumstances.The Department maintains a list of currently certified DBEs. This list is available throughthe Department’s DBE Webpage. The SBE listing is maintained by the Department ofAdministrative Services (DAS) and is available through the DAS Supplier Diversity Webpage.The Department uses a variety of measures to monitor and enforce DBE/SBE/SBPPP-8-
CONSULTANT DESIGN ADMINISTRATION MANUALcompliance, including invoice review and payment, see Section 303.3 Subconsultant TrackingReports.102.3DBE COMMITMENT MODIFICATIONSOn agreements with a DBE/SBPPP participation goal, the Consultant (prime consultant)is required to submit a DBE Certification form indicating the scope of work and the associated feeassigned to the DBE firm to the Department. The fee identified in the DBE Certification formconstitutes the DBE commitment value and goes toward meeting the DBE participation goal underthe agreement. Any reduction in the DBE commitment value, including substitution and/ortermination of a DBE firm, requires Department approval.When the prime consultant intends to reduce, substitute or terminate a DBE firm, the primeconsultant shall submit the “Request to Reduce or Eliminate Design-Related Work Assigned toDBE” form to the Department for approval. This form is available from the Lead Division Liaison(e.g., Project Manager or Project Engineer) or the CLE. Prior to submission of this form, the primeconsultant shall notify the affected DBE firm of the intended termination and/or substitution inaccordance with federal regulations (49 CFR 26.53). The affected DBE firm is allowed five daysto respond to the prime consultant in writing.Additional information is available in the Directive, “DBE Participation in EngineeringAgreements” posted in the Engineering and Construction Information Resources Webpage.103 CONFLICTS OF INTERESTConflicts of interest between Department employees and the Consultant shall be disclosed inaccordance with the latest versions of “Public Officials and State Employees Guide to the Codeof Ethics” and Department Policy No. F&A-10A, “Code of Ethics Policy Supplement.” If a conflictof interest exists, a determination will be made as to whether or not the employee will remaininvolved with the project. The Lead Division Chief shall notify the FHWA of this determination.104 SCOPE OF SERVICESFollowing the Assignment Meeting, the Consultant shall prepare and submit a written scope ofservices to the Department. The draft scope will be reviewed by the Department and commentsprovided to the Consultant. After solicitation and receipt of comments, a follow-up discussion withspecific Department review units may be scheduled to resolve scope issues in a timely andefficient manner. A field review meeting may benefit the scope of work discussion as well.Through one or more iterations of revisions and comments, the Consultant will develop anacceptable scope. For additional information, refer to the Project Development GuideActivity 022 “Prepare Consultant Scope of Services.”-9-
CONSULTANT DESIGN ADMINISTRATION MANUAL105 FEE PROPOSAL AND NEGOTIATIONSAfter the scope has been accepted and approved by the Department, the Consultant shall developa blank man-hour proposal form with a sheet count index (man-hour matrix) corresponding to theapproved scope tasks for review and approval by the Lead Division. Upon request, the Consultantwill be provided with a sample electronic man-hour matrix. The approved man-hour matrix shallbe used in preparing and presenting a fee proposal. Compensation for consultant services isgenerally based on either a Lump Sum or Cost Plus Fixed Fee as described below. The LeadDivision will determine the payment method for the assignment prior to the preparation of the feeproposal.The Consultant shall submit the fee proposal to the Department’s Negotiations Committee with acopy of the transmittal letter (without the fee proposal) to the Department’s Lead Division. TheLead Division will prepare a separate, independent estimate (i.e., without knowing theConsultant’s estimate) using the blank man-hour matrix and submit the fee proposal to theNegotiations Committee.The goal of the negotiation process is to arrive at a fee that is acceptable to both the Departmentand Consultant. After receiving and comparing the two estimates, the Negotiations CommitteeChairperson determines how to advance the process. Several paths are possible. Often an inperson negotiations meeting involving the consultant team, lead division and supportingpersonnel is scheduled.Immediately following the completion of fee negotiations, the Consultant shall submit to theDepartment for concurrence, a letter detailing the revisions to the scope of services made duringthe negotiations process or a letter stating that the scope did not change.Refer to Activity 024 “Prepare Independent Price Proposals” and Activity 026 “NegotiateConsultant Fee” in the Project Development Guide for additional information.105.1LUMP SUMAssignments having a defined scope of work are generally negotiated based upon a lumpsum payment. The total fee is not subject to any adjustment on the basis of the Consultant’sactual cost in performing the scope of services.105.2COST PLUS FIXED FEEAssignments where the scope of work is not fully defined are generally negotiated on acost plus fixed fee basis. The total fee is based on cost-reimbursement plus a negotiated fee forprofit that is fixed at the inception of the Agreement.106 INDIRECT COST RATESAn indirect cost rate, formerly designated as the “Burden, Fringe and Overhead” (BFO) rate, is-10-
CONSULTANT DESIGN ADMINISTRATION MANUALestablished for each consultant with a Department contract. The maximum permissible rate isinfluenced by the type of work and funding sources (e.g., State-only, Federal-Aid). The applicablerate may change during the life of an assignment.The Consultant and subconsultants are required to submit to the Department’s Office of ExternalAudits, an annual audit of their indirect cost rate performed in accordance with GovernmentAuditing Standards for compliance with the Federal Acquisition Regulations (FAR) Part 31.Further information is available in ConnDOT: Consultant Audit Information.107 DIRECT COSTSDirect Cost services or products, as outlined in the Department’s Policy No. F&A-34, “Policy onthe Acquisition and Inventory of Equipment Purchased by Consultants,” shall be procured inaccordance with the Department of Administrative Services General Letter 71 and 2 CFR 200 asfollows:1. For costs up to 2,500, quotations or bids are not required.2. For costs over 2,500 and less than 50,0001, select the lowest bidderfrom at least three (when practical) written quotations or bids fromresponsible and qualified sources.Costs estimated to exceed 50,000 require a notice to be published in a statewide newspaperwherein a request for competitive bids or proposals is posted. Per Connecticut General StatutesSection 4a-57, such notice shall be posted not less than five calendar days before the final dateof submitting bids or pr
7. All AASHTO publications including “A Policy on Geometric Design of Highways and Streets,” “Roadside Design Guide” and “A Policy on Design Standards – Interstate System.” 8. AASHTO’s A Policy on the Accommodation of Utilities Within Freeway ROW 9. AASHTO’s A Guide
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