As part of the Transportation Funding Package of 2015, the Michigan Legislature created a requirement (MCL 247.662, 247.663) that each local road agency in Michigan adopt a Local Pavement Warranty Program acceptable to the Michigan Department of Transportation (MDOT).
The resulting Michigan Local Agency Pavement Warranty Program is the statewide accepted format that local agencies can use for hot mix asphalt (HMA) and plain jointed concrete paving projects on public roads and streets, if they opt to utilize a warranty on a project.
This Warranty Program must be adopted by every community no later than September 18, 2019, and every community must consider a warranty on each project utilizing any state or federal funding that also includes $2 million or more in paving-related components. Communities must annually report on projects with $2 million or more in paving-related items, regardless of whether they implemented a warranty or not.
The overall goal of the Michigan Local Pavement Warranty Program is to have one standardized method for applying pavement warranties on local agency projects, which provides a consistent, quantifiable and transparent program that pavement contractors can recognize and implement.
Program Components
The Local Pavement Warranty Program, as approved by MDOT, consists of the following documents:
- Special Provisions (Boilerplate, Concrete, HMA, Location and a Pass-Through Warranty Bond)
- Warranty Bond Form and Contract Form
- Guidelines for Local Agency Pavement Warranty Program
The Program was developed over the last 30 months by the Local Agency Pavement Warranty Task Force including representatives of the Michigan Municipal League, County Road Association, MDOT, Federal Highway Administration-Michigan, Michigan’s Local Technical Assistance Program (LTAP), municipal road agencies, legal counsels and industry representatives.
Timeline for Warranty Policy Adoption
Local Pavement Warranty Program developed by the Task Force must be adopted by your community on or before September 18, 2019.
To adopt the Pavement Warranty Program, each community should adopt two separate Resolutions.
- Resolution to Adopt a Local Pavement Warranty Program is needed to adopt the Local Agency Pavement Warranty Program and its accompanying documents.
- Resolution to Implement a Local Pavement Warranty Program that defines the agency’s intent to apply the warranty program consistent with the Local Agency Pavement Warranty Guidelines and report annually on each project that includes $2 million or more in paving-related components and includes any state or federal funds.
The goals of the Local Agency Pavement Warranty Program are to meet the legislative mandate to implement it, as well as to standardize review and oversight of pavement warranty projects, and to have a program that is transparent and uniform for private-sector contractors.
Future Warranty Education Programs
The Warranty Task Force has obtained a FHWA grant of $74,000, which its Education Subcommittee will use to work with the Michigan Local Technical Assistance Program (LTAP) to conduct education and training sessions. Training will be designed for elected/appointed officials, administrators, as well as managers/directors, engineers and engineering technicians in both onsite sessions and online webinars during 2019. The League will work with LTAP to publicize these sessions.
If you have any questions about the Local Pavement Warranty Program, please contact John LaMacchia at (517) 908-0303 or [email protected].