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Construction & Technology

	Construction Contracts Unit:

	Contract Modifications: Q 1. If my extra is 100 percent locally funded and my project falls within the criteria of Appendix A of BOH IM 2004-14, do I have to submit it for State Administrative Board or State Transportation Commission review?

	Q 2. The original contract bid is $1,000,000. An extra $61,000 was previously approved by Ad Board. Current contract price is now $1,061,000. Does another extra $1,000 have to be submitted to Ad Board since the total is below 6% of contract price?

	Q 3. How do I process the contract modification that is going to put my project in overrun status and will require State Administrative Board review? When do I submit it to the Construction Contracts Unit?

	Q 4. If I have an increased quantity of an existing bid item and an extra, can I submit them both on the same contract modification?

	Q 5a. If we decide it is better to use an open graded drainage course as the base instead of a dense graded aggregate base, is the new base an extra?

	Q 5b. If the open graded drainage course aggregate base costs $4.32/syd and the existing dense graded aggregate base costs $3.32/syd and we are using 150,000 syd, do I submit the entire $648,000 or $150,000 the difference in cost between the two?

	Q 6. If I have an incentive that places my extras over the 6 percent mark, do I have to send it to State Administrative Board? What if it is a disincentive?

	Q 7. I have a contract modification that contains three extras. Each is under $100,000, but the total contract modification totals $150,000 and the total extras for the job are less than the 6 percent. Does this go to State Administrative Board?

	Q 8. When do I need to send a contract modification to the Construction Contracts Unit?

	Q 9. I have an existing extra in FieldManager that I want to modify so we can make use of available federal funding on another portion of the contract. How do I do this?

	Q 10. If my contractor cannot make bid item 23A because of the weather, can I use a modified original to substitute bid item C1 11?

	Q 11. What is a modified original used for?

	Q 12. I am tracking my extras and adjustments so I can determine when an extra needs to go to Ad Board. When increasing an established extra, it shows up in the increase/decrease portion of the contract modification. Is this added to my extra totals?

	Q 13a. I have a two-part question. My initial extra was less than $50,000 and did not require FHWA approval. I had to increase the quantity at a later date and the total dollar amount for that item now exceeds $50,000. Is FHWA approval required?

	Q 13b. If the initial extra required FHWA approval, does an increase/decrease to the extra require additional approvals?

	Region Services Unit: Davis Bacon Act/Davis Bacon Related Act (DBA/DBRA) Additional references on Davis Bacon Act/Davis Bacon Related Act.

	Q 1. Does it matter who employs the truck driver for the application of Davis Bacon?

	Q 2. Are truck drivers employed by a construction prime contractor to transport materials from the contractor plant or yard to a Davis-Bacon covered project, or from a Davis-Bacon covered project to the contractor's plant or yard covered?

	Q 3. Is the time drivers spend transporting materials or equipment from one Davis-Bacon project to another Davis-Bacon project covered?

	Q 4. Are drivers transporting material or equipment away from a Davis-Bacon project or another project of the contractor which is not a Davis-Bacon project covered?

	Q 5a. When truck drivers are engaged in hauling excavated material, debris, dirt, asphalt, etc., for recycling away from a Davis-Bacon covered construction site, is the time spent loading at the site covered?

	Q 5b. When truck drivers are engaged in hauling excavated material, debris, dirt, asphalt, etc., for recycling away from a Davis-Bacon covered construction site, is the time transporting the material away from the site covered?

	Q 5c. When truck drivers are engaged in hauling excavated material, debris, dirt, asphalt, etc., for recycling away from a Davis-Bacon covered construction site, is the time unloading the material covered?

	Q 6. Are truck drivers who are employed by an independent contractor or bona fide materialman to haul material to a covered project from a non-covered supply source (i.e., sand or gravel pit, asphalt plant serving the public in general) covered?

	Q 7. Are truck drivers covered for the delivery of materials to the "site of work" from covered supply sources (e.g., batch plants or borrow pits, stockpiles, etc.) which have been established to serve exclusively, or nearly so, the covered project?

	Q 8. A barricading company supplies traffic control products for 20 Davis-Bacon projects. The devices are dropped off and picked up at the contractor's yard for each project. No setup work is involved. Are the employees of this company covered?

	Q 9. Would these workers be covered if they are not only involved in drop off/pick up, but are also involved in setting up and servicing the traffic control products?

	Q 10. What prevailing wage rate would apply to the workers in the above example?

	Q 11. A barricading company places the advance warning signs per contract, pounds posts, and places a sign cover which the prime contractor removes when construction begins. Is all the work performed by this company now subject to Davis Bacon?

	Q 12. Prior to the start of construction, a barricading company places into position and turns on a portable changeable message sign per the contract. What Davis Bacon rules apply to this situation?

	Q 13. On the same or the next day, this company sets the drums and temporary signs along the shoulder of the road for the prime to set into position when construction begins. What are the Davis-Bacon rules for this situation?

	Q 14. Does it matter if the barricading company is working with a sub-contract or a purchase order, for the purposes of applying Davis-Bacon rules?

	Q 15. The manufacturer of concrete box beams delivers 10 beams to a Davis-Bacon covered project. After beams are set and the manufacturer sends a technician out to the project to post tension the beams. Is the post tensioning of the beams covered?

	Q 16. The contractor hires a company to provide inspection services for the contractor's quality control operations on a Davis-Bacon covered project. Are the inspectors subject to prevailing wages?

	Q 17. The contractor hires an engineering firm to provide surveying and staking activities for a Davis-Bacon covered project. Are these workers subject to prevailing wages?

	Q 18. Does Davis Bacon apply to warranty work?

	Q 19. How are truck drivers covered on "split-trip" operations where a portion of the trip meets the criteria for DBRA coverage and the other portions of the trip do not.

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