Category:108 Prosecution and Progress - Revision history

Hoskir at 18:22, 12 December 2024

2024-12-12T18:22:36Z

← Older revision		Revision as of 13:22, 12 December 2024
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	Contract Site Times are records of the overall contract time-related information specific to contract. There are three types of contract site time records: Available Time, Calendar Time and Completion Date. These records are used for both the Overall Contract Time and for Milestones associated with the contracts. For more detail on administration of Contract Time, reference the following QRGs: [https://epg.modot.org/forms/CM/AWP_CO_Contract_Times.doc AWP CO Contract Times] and [https://epg.modot.org/forms/CM/AWP_CO_3ChangeOrderTimeExtension.doc Change Order Time Extension].		Contract Site Times are records of the overall contract time-related information specific to contract. There are three types of contract site time records: Available Time, Calendar Time and Completion Date. These records are used for both the Overall Contract Time and for Milestones associated with the contracts. For more detail on administration of Contract Time, reference the following QRGs: [https://epg.modot.org/forms/CM/AWP_CO_Contract_Times.doc AWP CO Contract Times] and [https://epg.modot.org/forms/CM/AWP_CO_3ChangeOrderTimeExtension.doc Change Order Time Extension].

	[[Category:~~100 General~~]]		[[Category:100_GENERAL]]

Hoskir at 20:38, 26 November 2024

2024-11-26T20:38:18Z

← Older revision		Revision as of 15:38, 26 November 2024
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	===108.16.2 Contract Site Times===		===108.16.2 Contract Site Times===
	Contract Site Times are records of the overall contract time-related information specific to contract. There are three types of contract site time records: Available Time, Calendar Time and Completion Date. These records are used for both the Overall Contract Time and for Milestones associated with the contracts. For more detail on administration of Contract Time, reference the following QRGs: [https://epg.modot.org/forms/CM/AWP_CO_Contract_Times.doc AWP CO Contract Times] and [https://epg.modot.org/forms/CM/AWP_CO_3ChangeOrderTimeExtension.doc Change Order Time Extension].		Contract Site Times are records of the overall contract time-related information specific to contract. There are three types of contract site time records: Available Time, Calendar Time and Completion Date. These records are used for both the Overall Contract Time and for Milestones associated with the contracts. For more detail on administration of Contract Time, reference the following QRGs: [https://epg.modot.org/forms/CM/AWP_CO_Contract_Times.doc AWP CO Contract Times] and [https://epg.modot.org/forms/CM/AWP_CO_3ChangeOrderTimeExtension.doc Change Order Time Extension].

			[[Category:100 General]]

Hoskir: /* 108.16.1 Informational Dates */ updated per RR3955

2024-11-20T21:46:09Z

108.16.1 Informational Dates: updated per RR3955

Show changes

Legged1: /* 108.1 Subletting of Contract (for Sec 108.1) */ updated per RR3703

2024-11-06T15:16:23Z

108.1 Subletting of Contract (for Sec 108.1): updated per RR3703

← Older revision		Revision as of 10:16, 6 November 2024
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	The prime contractor is obligated to do a specified portion of the work, as indicated in [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.1.1]. Any exception to this clause of the contract must be approved by the Division of [http://sharepoint/systemdelivery/cm/Pages/default.aspx Construction and Materials] and a change order must be issued to establish the revised terms.		The prime contractor is obligated to do a specified portion of the work, as indicated in [http://www.modot.org/business/standards_and_specs/SpecbookEPG.pdf#page=4 Sec 108.1.1]. Any exception to this clause of the contract must be approved by the Division of [http://sharepoint/systemdelivery/cm/Pages/default.aspx Construction and Materials] and a change order must be issued to establish the revised terms.

	Specifications permit the contractor to utilize approved subcontractors to perform up to ~~60 per cent~~ of the work under subcontract agreement. The Commission is not a party to the subcontract agreement, but holds final approval on all subcontract requests.		Specifications permit the contractor to utilize approved subcontractors to perform up to 70 percent of the work under subcontract agreement. The Commission is not a party to the subcontract agreement, but holds final approval on all subcontract requests.

	===108.1.1 Review and Approval of a Subcontract Request ===		===108.1.1 Review and Approval of a Subcontract Request ===

Hoskir: /* 108.1.1 Review and Approval of a Subcontract Request */ updated per email from Jennifer S.

2024-03-20T13:37:47Z

108.1.1 Review and Approval of a Subcontract Request: updated per email from Jennifer S.

← Older revision		Revision as of 08:37, 20 March 2024
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	:'''2.''' For DBE requests, verify that the unit price and quantity matches what is on the DBE Identification Submittal Form. If there are line items listed on the C-220 for a DBE that go beyond the DBE Identification Submittal found in the contract, verify whether they can be counted for DBE credit and if they do not count, a separate C-220 should be submitted for these line items. For more information on DBE requests, refer to the article on DBE Subcontracting. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://epg.modot.org/forms/CM/DBE_Change_Form.pdf "DBE Change" form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.		:'''2.''' For DBE requests, verify that the unit price and quantity matches what is on the DBE Identification Submittal Form. If there are line items listed on the C-220 for a DBE that go beyond the DBE Identification Submittal found in the contract, verify whether they can be counted for DBE credit and if they do not count, a separate C-220 should be submitted for these line items. For more information on DBE requests, refer to the article on DBE Subcontracting. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://epg.modot.org/forms/CM/DBE_Change_Form.pdf "DBE Change" form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.

	:'''3.''' The Line No. and Description should be as shown in the contract. If the Quantity and/or Subcontracted Unit Price differ from ~~the values in~~ the contract~~, ensure~~ they match ~~what is~~ in the subcontract agreement between the prime and sub. This is necessary ~~since~~ the total percent sublet ~~is determined by subcontracted prices and quantity of the~~ 1<sup>st</sup> tier subcontracts.		:'''3.''' The Line No. and item Description should be as shown in the contract. However, the Quantity and/or the Subcontracted Unit Price will often differ from the contract; this is acceptable as long as they match the values in the subcontract agreement between the prime and the sub. Additionally, in rare cases, even the unit of measure might differ. For example, let’s say the contract line item is Diamond Grinding – 10,000 SY @ $3/SY = $30,000, yet the C-220 shows “Diamond Grinding (per hour)” with a quantity of 100 @ $250 = $25,000. This is acceptable if those are the terms in the subcontract agreement. Since there is not a field to show a revised Unit of Measure, the form instructions require the contractor to state the revised unit of measure in the Description. Also, even though their subcontract agreement may not include an estimated quantity, insist that your contractor provide an estimated quantity on the C-220. All of the above data is necessary for AWP to accurately track the total percent sublet on 1<sup>st</sup> tier subcontracts.

	:'''4.''' Verify that all 1st tier requests include all work they plan to perform, as well as all work they plan to sublet to a 2<sup>nd</sup> tier sub. The 2<sup>nd</sup> tier request will only list items the 2<sup>nd</sup> tier plans to perform. See [[#108.1.2 Second Tier Subcontracting\|EPG 108.1.2 Second Tier Subcontracting]] and [[#108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting\|EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting]] for more information.		:'''4.''' Verify that all 1st tier requests include all work they plan to perform, as well as all work they plan to sublet to a 2<sup>nd</sup> tier sub. The 2<sup>nd</sup> tier request will only list items the 2<sup>nd</sup> tier plans to perform. See [[#108.1.2 Second Tier Subcontracting\|EPG 108.1.2 Second Tier Subcontracting]] and [[#108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting\|EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting]] for more information.

Hoskir: /* 108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting */ updated per RR3847

2024-03-07T14:22:52Z

108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting: updated per RR3847

← Older revision		Revision as of 09:22, 7 March 2024
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	===108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting===		===108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting===

	Note that compliance with Sec 108.1.1 and DBE goals are distinctly separate issues and are based on different requirements, as stated in this article. Most contracts with federal participation include a goal for the amount of work to be awarded to [http://www.modot.org/business/contractor_resources/External_Civil_Rights/DBE_program.htm disadvantaged business enterprises (DBE)]. At the time of bid, all bidders are required to list on the [https://~~www~~.modot.org/~~sites~~/~~default~~/~~files/documents/101_DBE_Identification_Submittal_Form~~.~~pdf~~ DBE Identification Submittal Form] all proposed DBE subcontractors, suppliers and haulers to be used on that contract, including the amount for each line item on each subcontract. If the totals do not meet or exceed the goal, the bidder must document all good faith efforts to meet the goal. After award of the contract, MoDOT's [http://sharepoint/systemdelivery/ec/Pages/default.aspx External Civil Rights Division] must approve any change to the DBE commitment. In addition, all bidders must submit the [https://epg.modot.org/forms/CM/DBE_and_non_DBE_Subcontractor_Reporting_Form.pdf DBE and Non-DBE Subcontractor Reporting Form]. The DBE and Non-DBE Subcontractor Reporting Form will be due by the last day of the month of the letting being reported.		Note that compliance with Sec 108.1.1 and DBE goals are distinctly separate issues and are based on different requirements, as stated in this article. Most contracts with federal participation include a goal for the amount of work to be awarded to [http://www.modot.org/business/contractor_resources/External_Civil_Rights/DBE_program.htm disadvantaged business enterprises (DBE)]. At the time of bid, all bidders are required to list on the [https://epg.modot.org/forms/CM/DBE_Identification_Submittal_Form_MoDOT_Excel.xlsm DBE Identification Submittal Form] all proposed DBE subcontractors, suppliers and haulers to be used on that contract, including the amount for each line item on each subcontract. If the totals do not meet or exceed the goal, the bidder must document all good faith efforts to meet the goal. After award of the contract, MoDOT's [http://sharepoint/systemdelivery/ec/Pages/default.aspx External Civil Rights Division] must approve any change to the DBE commitment. In addition, all bidders must submit the [https://epg.modot.org/forms/CM/DBE_and_non_DBE_Subcontractor_Reporting_Form.pdf DBE and Non-DBE Subcontractor Reporting Form]. The DBE and Non-DBE Subcontractor Reporting Form will be due by the last day of the month of the letting being reported.
	<div id="Once a project is awarded,"></div>		<div id="Once a project is awarded,"></div>
	Once a project is awarded, the contractor must submit a Request to Subcontract Work on Form C-220 to the RE for all DBE subcontractors listed on the DBE Identification Submittal Form with the bid. There may be changes proposed with a C-220 that require ECR pre-approval and others that do not. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://~~www~~.modot.org/~~sites~~/~~default~~/~~files/documents/DBE_Substitution_Form_0~~.pdf DBE ~~Termination, Substitution or Additional Request~~ form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.		Once a project is awarded, the contractor must submit a Request to Subcontract Work on Form C-220 to the RE for all DBE subcontractors listed on the DBE Identification Submittal Form with the bid. There may be changes proposed with a C-220 that require ECR pre-approval and others that do not. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://epg.modot.org/forms/CM/DBE_Change_Form.pdf DBE Change form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.

	The following are items that require ECR approval:		The following are items that require ECR approval:
	:* Contractor proposes to eliminate one or more DBEs initially committed on the DBE submittal form,		:* Contractor proposes to eliminate one or more DBEs initially committed on the DBE submittal form (see [https://epg.modot.org/forms/CM/DBE_Change_Form.pdf DBE Termination Form]),
	:* Contractor proposes a reduction in the quantities for DBE firms initially committed on the DBE submittal form,		:* Contractor proposes a reduction in the quantities for DBE firms initially committed on the DBE submittal form,
			:* Propose additional DBE’s beyond the DBE firms initially committed on the DBE submittal form,
			:* Increased quantities for DBE’s from what was originally committed on the DBE submittal form,
	:* If DBEs are working in a 2<sup>nd</sup> tier capacity.		:* If DBEs are working in a 2<sup>nd</sup> tier capacity.

	~~The following are items that do not require ECR approval:~~
	~~:* Propose additional DBE’s beyond the DBE firms initially committed on the DBE submittal form,~~
	~~:* Increased quantities for DBE’s from what was originally committed on the DBE submittal form.~~

	Additional work items can be added to any DBE subcontractor, and additional DBE subcontractors can be utilized for other work items, but no DBE work disclosed on the DBE Identification Submittal Form can be changed without approval from MoDOT's External Civil Rights division.		Additional work items can be added to any DBE subcontractor, and additional DBE subcontractors can be utilized for other work items, but no DBE work disclosed on the DBE Identification Submittal Form can be changed without approval from MoDOT's External Civil Rights division.

Hoskir: /* 108.1.1 Review and Approval of a Subcontract Request */ updated per RR3847

2024-03-06T21:16:08Z

108.1.1 Review and Approval of a Subcontract Request: updated per RR3847

← Older revision		Revision as of 16:16, 6 March 2024
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	When a contractor desires to sublet a portion of the work, the request will be submitted to the resident engineer on [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220.pdf Request to Subcontract Work (Form C-220)]. The resident engineer, or a designee assigned by the District Construction Engineer, shall perform the following review on all subcontract requests:		When a contractor desires to sublet a portion of the work, the request will be submitted to the resident engineer on [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220.pdf Request to Subcontract Work (Form C-220)]. The resident engineer, or a designee assigned by the District Construction Engineer, shall perform the following review on all subcontract requests:

	:'''1.''' Check all information on the header for accuracy and determine if the request a) involves a 2<sup>nd</sup> tier relationship, b) is for a DBE subcontractor, or c) includes any line item with a unit price or quantity that differs from the contract. If any of those three situations apply, then the request must include the subcontract agreement between the prime and the sub. For 2<sup>nd</sup> tier requests, the agreement between the 1<sup>st</sup> and 2<sup>nd</sup> tier subcontractor should also be submitted.		:'''1.''' Check all information on the header for accuracy and determine if the request a) involves a 2<sup>nd</sup> tier relationship, b) is for a DBE subcontractor, or c) includes any line item with a unit price or quantity that differs from the contract. If any of those three situations apply, then the request must include the subcontract agreement between the prime and the sub. For 2<sup>nd</sup> tier requests, the agreement between the 1<sup>st</sup> and 2<sup>nd</sup> tier subcontractor should also be submitted.

	:'''2.''' For DBE requests, verify that the unit price and quantity matches what is on the DBE Identification Submittal Form. For more information on DBE requests, refer to the article on DBE Subcontracting. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://epg.modot.org/forms/CM/~~DBE_Substitution_Form~~.pdf ~~“DBE Termination, Substitution or Additional Request”~~ form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.		:'''2.''' For DBE requests, verify that the unit price and quantity matches what is on the DBE Identification Submittal Form. If there are line items listed on the C-220 for a DBE that go beyond the DBE Identification Submittal found in the contract, verify whether they can be counted for DBE credit and if they do not count, a separate C-220 should be submitted for these line items. For more information on DBE requests, refer to the article on DBE Subcontracting. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://epg.modot.org/forms/CM/DBE_Change_Form.pdf "DBE Change" form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.

	:'''3.''' The Line No. and Description should be as shown in the contract. If the Quantity and/or Subcontracted Unit Price differ from the values in the contract, ensure they match what is in the subcontract agreement between the prime and sub. This is necessary since the total percent sublet is determined by subcontracted prices and quantity of the 1<sup>st</sup> tier subcontracts.		:'''3.''' The Line No. and Description should be as shown in the contract. If the Quantity and/or Subcontracted Unit Price differ from the values in the contract, ensure they match what is in the subcontract agreement between the prime and sub. This is necessary since the total percent sublet is determined by subcontracted prices and quantity of the 1<sup>st</sup> tier subcontracts.

	:'''4.''' Verify that all 1st tier requests include all work they plan to perform, as well as all work they plan to sublet to a 2<sup>nd</sup> tier sub. The 2<sup>nd</sup> tier request will only list items the 2<sup>nd</sup> tier plans to perform. See [[#108.1.2 Second Tier Subcontracting\|EPG 108.1.2 Second Tier Subcontracting]] and [[#108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting\|EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting]] for more information.		:'''4.''' Verify that all 1st tier requests include all work they plan to perform, as well as all work they plan to sublet to a 2<sup>nd</sup> tier sub. The 2<sup>nd</sup> tier request will only list items the 2<sup>nd</sup> tier plans to perform. See [[#108.1.2 Second Tier Subcontracting\|EPG 108.1.2 Second Tier Subcontracting]] and [[#108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting\|EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting]] for more information.

	:'''5.''' Verify that the requested subcontractor is on the approved Subcontractor List on the [https://www.modot.org/bid-opening-info Bid Opening Info page] under the Documents section and is qualified as a DBE (if the DBE box is checked) on the [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC directory page]. Refer unapproved subcontractors to the [https://www.modot.org/perform-subcontracting-work Perform Subcontracting Work webpage]. If the requested subcontractor is performing a Professional Service, refer to [[#108.1.4 Professional Service\|EPG 108.1.4 Professional Service]].		:'''5.''' Verify that the requested subcontractor is on the approved Subcontractor List on the [https://www.modot.org/bid-opening-info Bid Opening Info page] under the Documents section and is qualified as a DBE (if the DBE box is checked) on the [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC directory page]. Refer unapproved subcontractors to the [https://www.modot.org/perform-subcontracting-work Perform Subcontracting Work webpage]. If the requested subcontractor is performing a Professional Service, refer to [[#108.1.4 Professional Service\|EPG 108.1.4 Professional Service]].

	:'''6.''' For Federal Aid projects, verify that the subcontract request is accompanied with a completed Subcontractor Certification Regarding Affirmative Action form, and a document listing the name, address, and telephone number of the subcontractor's EEO Officer on the subcontractor’s letterhead.		:'''6.''' For Federal Aid projects, verify that the subcontract request is accompanied with a completed Subcontractor Certification Regarding Affirmative Action form, and a document listing the name, address, and telephone number of the subcontractor's EEO Officer on the subcontractor’s letterhead.

	:'''7.''' Confirm the request has been signed by an authorized representative of the prime contractor.		:'''7.''' Confirm the request has been signed by an authorized representative of the prime contractor.

	:'''8.''' For federal aid projects, the prime contractor is required by federal statute to insert the contract Federal provisions and wage rates (including [http://www.fhwa.dot.gov/programadmin/contracts/index.cfm FHWA 1273]) in all subcontract agreements. The reviewer should perform a random check on submitted subcontract agreements to help ensure the prime is meeting this requirement.		:'''8.''' For federal aid projects, the prime contractor is required by federal statute to insert the contract Federal provisions and wage rates (including [http://www.fhwa.dot.gov/programadmin/contracts/index.cfm FHWA 1273]) in all subcontract agreements. The reviewer should perform a random check on submitted subcontract agreements to help ensure the prime is meeting this requirement.

	:'''9.''' If all information is correct and all requirements are met, promptly enter the subcontract information into AASHTOWARE Project (AWP). Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in AWP). Apply the MoDOT approval signature to the form. Save the approved subcontract request electronically according to current policy, with an electronic copy sent to the contractor as an attachment to an email.		:'''9.''' If all information is correct and all requirements are met, promptly enter the subcontract information into AASHTOWARE Project (AWP). Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in AWP). Apply the MoDOT approval signature to the form. Save the approved subcontract request electronically according to current policy, with an electronic copy sent to the contractor as an attachment to an email.

	:'''10.''' If any of the information on the form is incorrect, or if approval cannot be granted for any reason, the contractor should be notified immediately with an explanation so they can correct the form or take other actions to proceed without delay. Once the subcontract request is approved and work begins, work performed by the subcontractor will be recorded in AWP daily on the Daily Work Reports (DWR) work items tab, with the subcontractor designated on the contractor line.		:'''10.''' If any of the information on the form is incorrect, or if approval cannot be granted for any reason, the contractor should be notified immediately with an explanation so they can correct the form or take other actions to proceed without delay. Once the subcontract request is approved and work begins, work performed by the subcontractor will be recorded in AWP daily on the Daily Work Reports (DWR) work items tab, with the subcontractor designated on the contractor line.

	====Subletting Limitation====		====Subletting Limitation====

Hoskir: /* 108.1.1 Review and Approval of a Subcontract Request */ updated per email from D. Brucks

2023-11-09T18:31:45Z

108.1.1 Review and Approval of a Subcontract Request: updated per email from D. Brucks

← Older revision		Revision as of 13:31, 9 November 2023
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	:'''7.''' Confirm the request has been signed by an authorized representative of the prime contractor.		:'''7.''' Confirm the request has been signed by an authorized representative of the prime contractor.

	:'''8.''' [http://www.fhwa.dot.gov/programadmin/contracts/index.cfm FHWA 1273] ~~(required federal contract provisions~~) ~~is included~~ in ~~all federal aid contracts, and it is the prime contractor’s responsibility to ensure that~~ all subcontract agreements ~~also include a copy of FHWA 1273~~. The reviewer should perform a random check on ~~the~~ submitted subcontract agreements to help ensure the prime is meeting this requirement.		:'''8.''' For federal aid projects, the prime contractor is required by federal statute to insert the contract Federal provisions and wage rates (including [http://www.fhwa.dot.gov/programadmin/contracts/index.cfm FHWA 1273]) in all subcontract agreements. The reviewer should perform a random check on submitted subcontract agreements to help ensure the prime is meeting this requirement.

	:'''9.''' If all information is correct and all requirements are met, promptly enter the subcontract information into AASHTOWARE Project (AWP). Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in AWP). Apply the MoDOT approval signature to the form. Save the approved subcontract request electronically according to current policy, with an electronic copy sent to the contractor as an attachment to an email.		:'''9.''' If all information is correct and all requirements are met, promptly enter the subcontract information into AASHTOWARE Project (AWP). Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in AWP). Apply the MoDOT approval signature to the form. Save the approved subcontract request electronically according to current policy, with an electronic copy sent to the contractor as an attachment to an email.

Hoskir: /* 108.7.1.1 Assessment of Liquidated Damages and Exceptions */ updated links

2023-09-06T13:04:43Z

108.7.1.1 Assessment of Liquidated Damages and Exceptions: updated links

← Older revision		Revision as of 08:04, 6 September 2023
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	{\|style="padding: 0.3em; margin-left:7px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5" width="435px" align="right"		{\|style="padding: 0.3em; margin-left:7px; border:2px solid #a9a9a9; text-align:center; font-size: 95%; background:#f5f5f5" width="435px" align="right"
	\|-		\|-
	\|'''[~~http~~://sp/~~sites~~/CM~~/FormServerTemplates~~/Liquidated_Damages_Guidance.pdf Guidance for Assessment of Liquidated Damages''']		\|'''[https://epg.modot.org/forms/CM/Liquidated_Damages_Guidance.pdf Guidance for Assessment of Liquidated Damages]'''
	\|}		\|}
	Contract time for project completion should be administered in accordance with [https://www.modot.org/missouri-standard-specifications-highway-construction#page=4 Sec 108.7] as well as all applicable job special provisions. At a minimum, all contracts should have a JSP for Contract Liquidated Damages that identifies the time limits along with penalties for both Road User Costs and Contract Administrative Costs. A [~~http~~://sp/~~sites~~/CM~~/FormServerTemplates~~/Liquidated_Damages_Guidance.pdf guide for assessment of liquidated damages] is available.		Contract time for project completion should be administered in accordance with [https://www.modot.org/missouri-standard-specifications-highway-construction#page=4 Sec 108.7] as well as all applicable job special provisions. At a minimum, all contracts should have a JSP for Contract Liquidated Damages that identifies the time limits along with penalties for both Road User Costs and Contract Administrative Costs. A [https://epg.modot.org/forms/CM/Liquidated_Damages_Guidance.pdf guide for assessment of liquidated damages] is available.

	Contract time for specific milestone events, such as a road closure, should be administered as specified in the contract Liquidated Damages Specified JSP for that event. Sec 108.7 does not apply to specific milestone events, therefore, liquidated damages are generally charged 7 days/week with no waivers for weekends and holidays. Refer to the terms in the contract Liquidated Damages Specified JSP and administer accordingly.		Contract time for specific milestone events, such as a road closure, should be administered as specified in the contract Liquidated Damages Specified JSP for that event. Sec 108.7 does not apply to specific milestone events, therefore, liquidated damages are generally charged 7 days/week with no waivers for weekends and holidays. Refer to the terms in the contract Liquidated Damages Specified JSP and administer accordingly.

Hoskir: /* 108.1.1 Review and Approval of a Subcontract Request */ updated per RR3703

2023-07-17T20:11:45Z

108.1.1 Review and Approval of a Subcontract Request: updated per RR3703

← Older revision		Revision as of 15:11, 17 July 2023
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	===108.1.1 Review and Approval of a Subcontract Request ===		===108.1.1 Review and Approval of a Subcontract Request ===

	When a contractor desires to sublet a portion of the work, the request will be submitted to the resident engineer on [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220.pdf Request to Subcontract Work (Form C-220)]. The resident engineer, or a designee assigned by the District Construction Engineer, shall perform the following review on all subcontract requests:		When a contractor desires to sublet a portion of the work, the request will be submitted to the resident engineer on [https://epg.modot.org/forms/CM/Request_to_Subcontract_C_220.pdf Request to Subcontract Work (Form C-220)]. The resident engineer, or a designee assigned by the District Construction Engineer, shall perform the following review on all subcontract requests:

	:'''1.''' Check all information on the header for accuracy and determine if the request a) involves a 2<sup>nd</sup> tier relationship, b) is for a DBE subcontractor, or c) includes any line item with a unit price or quantity that differs from the contract. If any of those three situations apply, then the request must include the subcontract agreement between the prime and the sub. For 2<sup>nd</sup> tier requests, the agreement between the 1<sup>st</sup> and 2<sup>nd</sup> tier subcontractor should also be submitted.		:'''1.''' Check all information on the header for accuracy and determine if the request a) involves a 2<sup>nd</sup> tier relationship, b) is for a DBE subcontractor, or c) includes any line item with a unit price or quantity that differs from the contract. If any of those three situations apply, then the request must include the subcontract agreement between the prime and the sub. For 2<sup>nd</sup> tier requests, the agreement between the 1<sup>st</sup> and 2<sup>nd</sup> tier subcontractor should also be submitted.
	~~<div id="2. For DBE requests,"></div>~~
	:'''2.''' For DBE requests, verify that the unit price and quantity matches what is on the DBE Identification Submittal Form. For more information on DBE requests, refer to the article on DBE Subcontracting. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://epg.modot.org/forms/CM/DBE_Substitution_Form.pdf “DBE Termination, Substitution or Additional Request” form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.

	:'''3.''' ~~The Line No~~. ~~and Description should be as shown in~~ the ~~contract~~. If the ~~Quantity and Subcontracted Unit Price differ from~~ the ~~values in~~ the ~~contract, ensure they match what is in~~ the ~~subcontract agreement between~~ the ~~prime and sub~~. ~~This is necessary since~~ the total ~~percent sublet is determined by subcontracted prices and quantity~~ of the ~~1<sup>st</sup> tier subcontracts~~.		:'''2.''' For DBE requests, verify that the unit price and quantity matches what is on the DBE Identification Submittal Form. For more information on DBE requests, refer to the article on DBE Subcontracting. If additional DBE subcontractors, suppliers, manufacturers or brokers are proposed by the prime contractor after the project commences, the engineer should work with the contractor to complete the [https://epg.modot.org/forms/CM/DBE_Substitution_Form.pdf “DBE Termination, Substitution or Additional Request” form] so that the total utilization of DBEs can be accounted for on the project towards MoDOT’s overall statewide DBE goal attainment. In addition, any added DBEs need to be evaluated for CUF.

	:'''4.''' Verify that all 1st tier requests include all work they plan to perform, as well as all work they plan to sublet to a 2<sup>nd</sup> tier sub. The 2<sup>nd</sup> tier request will only list items the 2<sup>nd</sup> tier plans to perform. See [[#108.1.2 Second Tier Subcontracting\|EPG 108.1.2 Second Tier Subcontracting]] and [[#108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting\|EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting]] for more information.		:'''3.''' The Line No. and Description should be as shown in the contract. If the Quantity and/or Subcontracted Unit Price differ from the values in the contract, ensure they match what is in the subcontract agreement between the prime and sub. This is necessary since the total percent sublet is determined by subcontracted prices and quantity of the 1<sup>st</sup> tier subcontracts.
	~~<div id="5."></div>~~
	:'''5.''' Verify that the requested subcontractor is on the approved Subcontractor List on the [https://www.modot.org/bid-opening-info Bid Opening Info page] under the Documents section and is qualified as a DBE (if the DBE box is checked) on the [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC directory page]. Refer unapproved subcontractors to the [https://www.modot.org/perform-subcontracting-work Perform Subcontracting Work webpage]. If the requested subcontractor is performing a Professional Service, refer to [[#108.1.4 Professional Service\|EPG 108.1.4 Professional Service]].		:'''4.''' Verify that all 1st tier requests include all work they plan to perform, as well as all work they plan to sublet to a 2<sup>nd</sup> tier sub. The 2<sup>nd</sup> tier request will only list items the 2<sup>nd</sup> tier plans to perform. See [[#108.1.2 Second Tier Subcontracting\|EPG 108.1.2 Second Tier Subcontracting]] and [[#108.1.3 Disadvantaged Business Enterprises (DBE) Subcontracting\|EPG 108.1.3 Disadvantaged Business Enterprise Subcontracting]] for more information.

			:'''5.''' Verify that the requested subcontractor is on the approved Subcontractor List on the [https://www.modot.org/bid-opening-info Bid Opening Info page] under the Documents section and is qualified as a DBE (if the DBE box is checked) on the [https://www6.modot.mo.gov/MRCC/Home/PublicSearch MRCC directory page]. Refer unapproved subcontractors to the [https://www.modot.org/perform-subcontracting-work Perform Subcontracting Work webpage]. If the requested subcontractor is performing a Professional Service, refer to [[#108.1.4 Professional Service\|EPG 108.1.4 Professional Service]].

	:'''6.''' For Federal Aid projects, verify that the subcontract request is accompanied with a completed Subcontractor Certification Regarding Affirmative Action form, and a document listing the name, address, and telephone number of the subcontractor's EEO Officer on the subcontractor’s letterhead.		:'''6.''' For Federal Aid projects, verify that the subcontract request is accompanied with a completed Subcontractor Certification Regarding Affirmative Action form, and a document listing the name, address, and telephone number of the subcontractor's EEO Officer on the subcontractor’s letterhead.
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	:'''7.''' Confirm the request has been signed by an authorized representative of the prime contractor.		:'''7.''' Confirm the request has been signed by an authorized representative of the prime contractor.

	:'''8.''' [http://www.fhwa.dot.gov/programadmin/contracts/index.cfm FHWA 1273] (required federal contract provisions) is included in all federal aid contracts, and it is the prime contractor’s responsibility to ensure that all subcontract agreements also include a copy of FHWA 1273. The reviewer should perform a random check on the submitted subcontract agreements to help ensure the prime is meeting this requirement.		:'''8.''' [http://www.fhwa.dot.gov/programadmin/contracts/index.cfm FHWA 1273] (required federal contract provisions) is included in all federal aid contracts, and it is the prime contractor’s responsibility to ensure that all subcontract agreements also include a copy of FHWA 1273. The reviewer should perform a random check on the submitted subcontract agreements to help ensure the prime is meeting this requirement.

	:'''9.''' If all information is correct and all requirements are met, promptly enter the subcontract information into AASHTOWARE Project (AWP). Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in AWP). Apply the MoDOT approval signature to the form. Save the approved subcontract request electronically according to current policy, with an electronic copy sent to the contractor as an attachment to an email.

	:'''10.''' If ~~any of~~ the information on the form ~~is incorrect, or if approval cannot be granted for any reason~~, the contractor ~~should be notified immediately with~~ an ~~explanation so they can correct the form or take other actions~~ to ~~proceed without delay~~.		:'''9.''' If all information is correct and all requirements are met, promptly enter the subcontract information into AASHTOWARE Project (AWP). Verify that the subcontract limit has not been exceeded (A pop-up notice will occur in AWP). Apply the MoDOT approval signature to the form. Save the approved subcontract request electronically according to current policy, with an electronic copy sent to the contractor as an attachment to an email.

	Once the subcontract request is approved and work begins, work performed by the subcontractor will be recorded in AWP daily on the Daily Work Reports (DWR) work items tab, with the subcontractor designated on the contractor line.		:'''10.''' If any of the information on the form is incorrect, or if approval cannot be granted for any reason, the contractor should be notified immediately with an explanation so they can correct the form or take other actions to proceed without delay. Once the subcontract request is approved and work begins, work performed by the subcontractor will be recorded in AWP daily on the Daily Work Reports (DWR) work items tab, with the subcontractor designated on the contractor line.

	====Subletting Limitation====		====Subletting Limitation====
	The self-perform requirement for prime contractors is ~~set at~~ a minimum of 40% by specification~~. The~~ federal requirement ~~for prime contractor self-perform work is 30%~~. The ~~reason MoDOT has a higher~~ requirement is ~~to discourage project brokering. Project brokering is when a large contractor low bids numerous projects and then subcontracts~~ the ~~work~~ to ~~local contractors at a lower price~~. ~~This practice reduces competition which is detrimental to MoDOT and our small contractors.~~		The self-perform requirement for prime contractors is a minimum of 30% by specification which is also the federal requirement. The minimum requirement is tracked by the C-220 request to subcontract forms. No self-perform re-evaluation will be required for contract change order adjustments. The prime contractor is allowed to purchase materials for subcontractor’s work. The material purchased by the prime for the subcontractor should be clearly indicated on the C-220 subcontract form.

	~~However, there are circumstances whereby the nature of the work the 40%~~ self-perform requirement is not practical. For example, if a project is comprised of 50% bridges and 50% roadway work, the bridge contractors may bid as the prime and subcontract the roadway work. Alternately, the roadway contractor may bid as a prime and subcontract the bridge work. The ~~project may have a 15% DBE goal and some specialty work items are typically not performed by a~~ prime contractor~~. So, from this example the most that one of these bidders can self-perform is 35%. The only way to achieve 40% self-perform~~ is ~~to have the prime put the subcontractor’s workers on their payroll or for the prime~~ to purchase ~~all the~~ materials for ~~the subcontractors. Neither of these options are beneficial to MoDOT or the contractor. So, the core teams should look at the nature of the~~ work ~~and if warranted can lower the requirement to 30% by JSP~~. ~~A non-standard JSP is available to lower the requirement to 30%.~~

	~~It may have not been obvious when the project was being developed that the self-perform requirement should have been lowered. In this situation the 40% requirement may be reduced to 30%~~ by ~~change order. The Resident Engineer should carefully review~~ the ~~nature of~~ the ~~work and circumstances of what work cannot be readily self-performed. The Construction and Materials Liaison~~ should be ~~consulted and concur~~ on the ~~self~~-~~perform requirement being lowered. The change order language to be used is as follows:~~

	:“This change order hereby deletes the limitation in Sec 108.1.1 that requires the contractor to self-perform no less than 40 percent of the total contract cost. In lieu of this requirement, the contractor shall self-perform no less than 30 percent of the total original contract price, as stated in the contract under FHWA-1273.

	:This change is being made at the contractor’s request in order to give the subcontractors the flexibility to include the cost of materials in the work they perform. This change also benefits the Commission as it simplifies internal processes for materials inspection and testing yet retains the FHWA limit on subcontracting.”

	===108.1.2 Second Tier Subcontracting===		===108.1.2 Second Tier Subcontracting===